IRS Form 1120-F Reporting Updates

Gain a better understanding on why Form 1120-F filing compliance matters, and why filing a protective Form 1120-F becomes a necessity in certain situations.

Since the Internal Revenue Service's announcement in January 2017 that Form 1120-F noncompliance would become a focus of its Large Business and International Division's Audit and Compliance Campaign, foreign corporations with connections to the United States are becoming increasingly aware that the stakes for Form 1120-F noncompliance are very high. Foreign corporations must file Form 1120-F if they engaged in a U.S. trade or business, or had income, gain or loss that would be treated as effectively connected with the conduct of a U.S. trade or business. Beyond these two main criteria, a foreign corporation taking the position that it avoided triggering a permanent establishment in the United States or claiming some other income tax treaty benefit must also file to report that position. Foreign corporations with only limited activities in the United States may file a protective return to preserve tax benefits if an IRS examination later proves the corporation should have filed a return. This information helps both tax and nontax professionals to understand the types of connections or activities undertaken by foreign corporations in the United States that trigger Form 1120-F reporting, and to distinguish those activities from transactions that do not trigger such reporting. The information also helps you to understand why Form 1120-F filing compliance matters, and why filing a protective Form 1120-F filing becomes a necessity in certain situations.