TOPIC
Foreign Tax Credit
Updated on September 14, 2022
Taxpayers who have paid or accrued foreign income taxes to a foreign country or U.S. possession may generally credit those taxes against their U.S. income tax liability on foreign-source income. The foreign tax credit is designed to relieve taxpayers from double taxation when income is subject to both U.S. and foreign tax.
Provide sound tax strategies to your clients or stakeholders on foreign tax credit rules with the latest news and analysis, Tax Management Portfolios, and more from Bloomberg Tax.
What is the foreign tax credit?
The foreign tax credit is a dollar-for-dollar credit equal to the amount of foreign income taxes paid or deemed paid by the taxpayer. Subject to various limitations, the amount of tax paid to foreign countries and U.S. possessions on foreign-source income offsets any U.S. tax that would be paid on the same income.
The 2017 Tax Cuts and Jobs Act (TCJA) made significant changes to the foreign tax credit rules for allocating and apportioning expenses for purposes of determining an FTC limitation under §904, which spurred a flurry of regulatory guidance.
Download: 2022 Proposed Foreign Tax Credit Regulations OnPoint
In Nov. 2022, the Treasury Department published Foreign Tax Credit guidance aimed to clarify royalty withholding tax and cost recovery areas. This OnPoint explains the key proposals and what you need to know.
How is foreign income tax defined?
A “foreign income tax” means a foreign income tax as described in Reg. §1.901-2(a), that is, each separate levy that is an income, war profits, or excess profits tax, or a tax in lieu of such taxes within the meaning of §903 and the regulations thereunder, paid or accrued to a foreign country or U.S. possession, including any such tax deemed paid by a CFC.
Treasury and the IRS published final regulations in January 2022 that revise the definition of a foreign income tax by providing that a foreign income tax means a foreign levy that is a foreign tax and that is either a net income tax or an in-lieu-of tax.
Download: Final Foreign Tax Credit Regulations Roadmap
This roadmap covers the final regulations relating to the foreign tax credit, as introduced by the 2017 Tax Cuts and Jobs Act.
What is the difference between a direct and an indirect foreign tax credit?
Direct foreign tax credits (FTCs) are credits for foreign income taxes paid directly by a U.S. taxpayer or by a foreign branch of a U.S. taxpayer, as well as foreign withholding taxes. Indirect FTCs (also referred to as deemed paid FTCs) are based on foreign income taxes paid by foreign subsidiaries and deemed paid by a U.S. corporation that meets the 10% ownership threshold for U.S. shareholder status.
Indirect FTCs (also referred to as deemed paid FTCs) are based on foreign income taxes paid by foreign subsidiaries and deemed paid by a U.S. corporation that meets the 10% ownership threshold for U.S. shareholder status.
Download: 2022 Final Foreign Tax Credit Regulation OnPoint
This complimentary OnPoint – an exclusive summary of ready-to-use presentation slides – highlights what you need to know about T.D. 9959 which finalized portions of the third set of proposed regulations.
Is a U.S. corporation entitled to a foreign tax credit on dividends received from a foreign subsidiary that the subsidiary has already paid or accrued foreign income taxes on?
For taxable years of foreign corporations beginning after 2017, the answer is no. However, if a U.S. corporation owns at least 10% (by vote or value) of a foreign corporation from which it receives a dividend, the U.S. corporation is allowed to deduct an amount equal to the foreign-source portion of that dividend, in effect providing a U.S. tax exemption for that portion of the dividend and eliminating the need for a foreign tax credit to prevent double taxation.
Download: Final FTC Regulations Cause Double Taxation – Burden(s) Fall on Taxpayers
New regulations dramatically modify the analysis for determining whether a foreign levy is a creditable foreign tax, and taxpayers will be shocked to learn that many common previously foreign taxes are no longer creditable.
Is there a limit on the foreign tax credit corporations can claim on foreign income taxes paid in a particular taxable year? How is it calculated?
Foreign tax credit rules limit the amount of annual U.S. tax on foreign-source taxable income as calculated under U.S. tax principles. Thus, if the U.S. corporation pays more tax to the source country on the foreign-source income than is due to the U.S. on the same foreign-source income, the U.S. will limit how much of the foreign income taxes paid to the source country can be used as credits against U.S. tax liability. The foreign tax credit limitation is calculated as a taxpayer’s pre-credit U.S. tax liability multiplied by a ratio (not to exceed one), the numerator of which is the taxpayer’s foreign-source taxable income and the denominator of which is the taxpayer’s worldwide taxable income for the year.
Foreign income taxes not credited because of the limitation can generally be carried back one year or forward to the 10 succeeding taxable years, subject to the limitations for those years. However, foreign income taxes paid or accrued with respect to amounts includible in gross income under the GILTI regime may not be carried back or carried forward.
Webinar: 2022 Bloomberg Tax Leadership Forum
Get forward-looking insights from global tax policy leaders, regulators, and leading corporations as they examine major international and U.S. tax developments.
Key IRC Sections
Bloomberg Tax Research is pleased to offer the full text of the current Internal Revenue Code free of charge. This site is updated continuously and includes Editor’s Notes written by expert staff at Bloomberg Tax indicating when a section has been repealed or when there is a delayed effective date, allowing you to see the current and future law. Links to related code sections make it easy to navigate within the IRC.
Tax Research and Practice Tools
From in-depth research and analysis to timesaving practice aids, Bloomberg Tax has the resources you need to provide informed advice.
Access to this information requires a subscription to Bloomberg Tax Research. Don’t have access? Request a demo.
PORTFOLIO
Portfolio 6020-1st: The Creditability of Foreign Taxes – General Issues
This Tax Management Portfolio provides a detailed discussion of the rules under §901 for determining what is a creditable income tax, rules relating to who can claim the foreign tax credit, rules for determining the amount of creditable foreign tax, and more.
ANALYSIS
Tax Practice Series: U.S. Persons – Worldwide Taxation
This section of the Tax Practice Series covers the two kinds of credits that comprise foreign tax credit, generally referred to as the “direct” credit, and the “indirect” or “deemed-paid” credit.
PORTFOLIO
Portfolio 6060-1st: The Foreign Tax Credit Limitation Under Section 904
Learn about one part of the U.S. foreign tax credit mechanism – the foreign tax credit limitation under §904. The basic purpose of the limitation is to ensure that the United States does not allow foreign taxes to be used as a credit against U.S. tax on U.S.-source income.
Your foreign tax credit connection
Get focused, accurate, and urgent coverage on how to respond appropriately and effectively to foreign tax credit regulations.