Form 8992 (Rev. December 2022). U.S. Shareholder Calculation of Global Intangible Low-Taxed Income (GILTI)-2026

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering your name and identifying number in the designated fields at the top of the form. Ensure accuracy as this information is crucial for identification.
  3. In Part I, calculate your Net Controlled Foreign Corporation (CFC) Tested Income. If you are not part of a consolidated group, refer to Schedule A, line 1, column (e). If you are part of a consolidated group, use Schedule B, Part II, column (c).
  4. Next, determine your Sum of Pro Rata Share of Net Tested Loss using similar references from Schedule A or B as applicable.
  5. Proceed to Part II and enter the Net CFC Tested Income from Part I, line 3. Follow through with calculations for Deemed Tangible Income Return and other specified interest expenses as outlined in the form.

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Due Date: Form 8992 is due with the income tax return, with deadlines varying by entity type, and extensions available. Penalties: Failing to file or incomplete filing can result in substantial penalties, including $10,000 initially and $50,000 per month of continued noncompliance after notification.
You must file Form 8992 if you: Are a U.S. shareholder (individual, corporation, or certain trusts and estates) who directly, indirectly, or constructively owns at least 10% of the total vote or value of a controlled foreign corporation (CFC) at any point during the tax year.
For pre-2026 years: GILTI tax formula GILTI = Net CFC Tested Income (10% x QBAI Interest Expense) Tested income: The gross income (or loss) of a CFC as if the CFC were a U.S. person, minus: QBAI: Qualified business asset investment.
Global Intangible Low-Taxed Income 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.
Schedule A (Form 8992), Schedule of Controlled Foreign Corporation (CFC) Information To Compute Global Intangible Low-Taxed Income (GILTI)
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People also ask

Creating a US C-corporation to hold foreign shares works well for larger operations. Advantages: Lowest GILTI rate with Section 250 deduction and maximum foreign tax credit benefits. Disadvantages: Multiple taxation layers and higher compliance costs.
The QBAI is not based on a year-end figure but rather an average. For each applicable asset, calculate the average adjusted basis for the taxable year. This is done by averaging the quarterly adjusted bases of the assets at the close of each quarter. Aggregate the averages.
Buildings, machinery, plants, and furnishings are examples of tangible assets. Intangible assets include know-how, patents, copyrights, trademarks, licences, franchises, and any other comparable business or commercial rights.

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