Get Form 5735 (schedule P) (rev. October 1998). Allocation Of Income And Expenses Under Section

GILTI is a minimum tax targeted at foreign earnings from intangible assets (copyrights, patents, trademarks, etc.) and was adopted when the U.S. moved from a worldwide tax system to a territorial tax system.

What is tested income? In Form 547 1 is Tested income is the excess of the corporation's gross income over its allocable deductions.

Definition of high tax – The GILTI high tax exception applies only if the CFC's effective foreign rate on GILTI gross tested income exceeds 18.9% (i.e., more than 90% of the U.S. corporate income tax rate of 21%) and the U.S. shareholder elects for that year to exclude the high-taxed income.

Tested income: The gross income (or loss) of a CFC as if the CFC were a U.S. person, minus: CFC's income that is effectively connected with a U.S. trade or business. Income that is otherwise subpart F income. Income that is not subpart F income because it is subject to an exception for income that is highly taxed.

(B) The term 'corporation' shall include one person corporations, partnerships, no matter how created or organized, joint-stock companies, joint accounts (cuentas en participacion), associations, or insurance companies, but does not include general professional partnerships and a joint venture or consortium formed for ...

A CFC's tested income for any tax year is the gross tested income of the corporation in excess of the properly allocated deductions (including taxes). A CFC with tested income for a CFC inclusion year is referred to as "a tested income CFC" (IRC § 951A(c)(2)(A); Reg.