Instructions for Form 5713 |
2003 Tax Year |
Specific Instructions
This is archived information that pertains only to the 2003 Tax Year. If you are looking for information for the current tax year, go to the Tax Prep Help Area.
Include the suite, room, or other unit number after the street address. If the Post Office does not deliver mail to the street
address and the
filer has a P.O. box, show the box number instead.
Note:
On lines 1 through 6, all line references are to 2001 forms unless otherwise noted.
Enter your adjusted gross income (from Form 1040, line 33).
Line 2c—Partnerships and Corporations
Enter your principal business activity code number and description from the list beginning on page 5. Enter the code number
for the specific
industry group from which the largest percentage of total receipts was derived. Total receipts are defined in the instructions
for the Codes for
Principal Business Activity located at the end of the instructions for partnership and corporate returns.
Enter on line 2d the major product code number for the major product or service (as measured by export gross receipts) sold
or provided by the
IC-DISC (line 1a of Form 1120-IC-DISC, Schedule N).
Enter the total assets of the partnership (Form 1065 and Form 1065-B, line 14, column (d) of Schedule L).
Enter the partnership's ordinary income (Form 1065, page 1, line 22). For electing large partnerships, enter the portion of
taxable income (Form
1065-B, page 1, line 25) that is attributable to trade or business activities.
Line 4b—Common Tax Year Election
The common tax year of a controlled group is generally the tax year of the common parent. The members of the controlled group
may, however, elect
the tax year of any member of the group as the common tax year. This election is made by entering the name, tax year, and
employer identification
number (EIN) of the designated corporation on line 4b.
All members of a controlled group must consent, in writing, to the common tax year election. A common parent may consent to
the common tax year
election on behalf of all members of the controlled group that joined with the common parent in filing a consolidated return.
Foreign corporations
that are members of a controlled group should not sign the consent if they are not required to file Form 5713. However, if
a foreign corporation
subsequently becomes liable to file Form 5713, then it is bound by the common tax year election previously made by the group.
A copy of the consent
must be attached to each member's Form 5713 filed for the first tax year of such member to which the common tax year election
applies. If no common
parent exists or no agreement is reached by the members of the controlled group, the common tax year of the group will be
the tax year of the member
of the controlled group whose tax year ends in the latest month of the calendar year. The common tax year election is a binding
election and can be
changed only with the approval of the Secretary.
Enter the amount of total assets as follows.
Form 1120.
Schedule L, line 15, column (d).
Form 1120–F.
Schedule L, line 15, column (d).
Form 1120–FSC.
Schedule L, line 15, column (d).
Form 1120–IC-DISC.
Schedule L, line 3, column (b).
Form 1120–L.
Schedule L, Part I, line 6, column (b).
Form 1120–PC.
Schedule L, line 15, column (d).
Form 1120S.
Schedule L, line 15, column (d).
Enter the amount of taxable income before net operating loss and special deductions as follows.
Form 1120.
Page 1, line 28.
Form 1120-F.
Page 3, line 29.
Form 1120-FSC.
Page 3, line 18, Schedule B.
Form 1120-IC-DISC.
Page 1, line 5.
Form 1120-L.
Page 1, line 24, plus lines 19 and 20.
Form 1120-PC.
Page 2, line 35, Schedule A.
Form 1120S.
Page 1, line 21 (ordinary income).
Line 6a.
Enter on line 6a, the foreign tax credit before adjustment from Form 1116 (Part IV, line 31) or Form 1118, Schedule
B, Part III, line 11.
Line 6b.
Enter on line 6b, the pro rata share of total earnings from controlled foreign corporations from Form 5471, Schedule
C, line 21.
Line 6c. Shareholder that is not a C corporation.
Enter on line 6c,your pro rata share of the section 995(b)(1)(F)(ii) amount (pro rata share of line 8, Part I, Schedule
J of Form 1120-IC-DISC).
Line 6c. Shareholder that is a C corporation.
Enter on line 6c, your pro rata share of the section 995(b)(1)(F)(i) amount multiplied by 16/17 (16/17 times your
pro rata share of line 8, Part I,
Schedule J of Form 1120-IC-DISC).
Line 6d.
Enter on line 6d, the total exempt foreign trade income (the total of columns (a) and (b), line 10, Schedule B of
Form 1120-FSC).
Line 6e.
Enter on line 6e, your foreign trade income that otherwise qualifies for the extraterritorial income exclusion (line
49 of Part IV of Form 8873).
Filers that are not members of a controlled group.
If you are not a member of a controlled group, report on lines 8 through 13 your own boycott operations, requests,
participation, or cooperation,
and the boycott operations, requests, participation, or cooperation of:
- Any foreign corporation in which you are a U.S. shareholder,
- Any partnership in which you are a partner, or
- Any trust in which you are treated as owner under section 671.
When reporting on behalf of a foreign corporation, partnership, or trust, report the boycott activities for the tax
year of the foreign
corporation, partnership, or trust that ends with or within your tax year.
Members of a controlled group of corporations.
If you are a member of a controlled group of corporations, the answers to the questions on lines 8 through 13 for
your tax year must reflect:
- Your operations, boycott requests, and boycott participation or cooperation (and those of any trust of which you are treated
as the owner
under section 671) for your tax year that ends with or within the common tax year that ends with or within your tax year (see
instruction for line
4b).
- The operations, boycott requests, and boycott participation or cooperation of each other member of the controlled group (and
those of any
trust of which a member of the controlled group is treated as the owner under section 671) for each member's tax year that
ends with or within the
common tax year that ends with or within your tax year.
- The operations, boycott requests, and boycott participation or cooperation of each foreign corporation or partnership on whose
behalf you
are reporting as a U.S. shareholder or as a partner, for the tax year of the foreign corporation or the partnership that ends
with or within your tax
year that ends with or within the common tax year that ends with or within your tax year.
- The operations, boycott requests, and boycott participation or cooperation of each foreign corporation or partnership on whose
behalf a
member (other than you) of the controlled group is reporting as a U.S. shareholder or as a partner, for the tax year of the
foreign corporation or the
partnership that ends with or within such member's tax year that ends with or within the common tax year that ends with or
within your tax
year.
The effect of these reporting requirements is that the answers to the questions on lines 8 through 13 generally are
identical for each member of
the controlled group and should only be updated on a group basis once a year. The information is updated at the close of the
common tax year, and is
reported by each member of the group for its tax year that ends with or after the common tax year. If the tax years of all
members, foreign
corporations, and partnerships are the same as the common tax year, then all information is reported on a current basis.
If all tax years are different, then all or some of the information reported will reflect a time period that is different
from the reporter's tax
year.
Example.
Assume that Corporations A, B, C, and D are all members of a controlled group. Corporation A is the common parent and no common
tax year election
is made. Corporations A, B, and C report on the basis of a calendar year. Corporation D reports on the basis of July 1–June
30 tax year.
Corporation C owns 15% of Foreign Corporation X. Corporation X reports on the basis of an April 1– March 31 tax year. Corporations
A, B, C, D,
and X have operations in boycotting countries. The answers to the questions on lines 8 through 13 on the Forms 5713 filed
by Corporations A, B, and C
for their 2001 tax years will reflect the operations of Corporations A, B, and C for the 2001 tax year, the operations of
Corporation D for the period
July 1, 2000–June 30, 2001 and the operations of Corporation X for the period April 1, 2000 to March 31, 2001. The answers
to the questions on
lines 8 through 13 on the Form 5713 filed by Corporation D for its tax year ending June 30, 2002, will be identical to those
on Forms 5713 filed by
Corporations A, B, and C for their tax years ending December 31, 2001. The answers on lines 8 through 13 on the Form 5713
filed by Corporation D for
its tax year ending June 30, 2002, will not reflect any of Corporation D's operations for its July 1, 2001–June 30, 2002 tax
year.
Part I—Operations in or Related to a Boycotting Country
The question on line 8 concerns operations in or related to countries on the Secretary's list of countries associated in the
boycott of Israel. Use
a separate line for each country or each person having operations in that country. Do not use separate lines for separate
operations by the same
person in the same country.
Column (2).
Enter the identifying number of each person having operations in or related to any of the listed countries. Include
the identifying number of all
members of your controlled group that have operations in or related to the listed countries.
If you or a member of your controlled group is the U.S. shareholder of a foreign corporation which has operations
in or related to the listed
countries (or with the governments, companies, or nationals of those countries), enter your identifying number or the identifying
number of the member
of your group who is the U.S. shareholder. Then, in parentheses, enter the name and EIN, if available, of the foreign corporation
having the operation
in or related to the listed countries.
Columns (3) and (4).
Enter in column (3) the principal business activity code number (see the list beginning on page 5) of the person that
has the boycott operation.
Enter a brief description of the principal business activity in column (4).
Column (5).
IC-DISCs, enter the product code from line 1a, Schedule N, of Form 1120-IC-DISC.
Line 9—Nonlisted Countries Boycotting Israel
If the answer to the question on line 9 is “Yes,” use the same procedure outlined in the instructions for line 8 for any nonlisted countries
which you know or have reason to know require participation in or cooperation with the international boycott of Israel.
Line 10—Boycotts of Countries Other Than Israel
If the answer to the question on line 10 is “Yes,” use the same procedure outlined in the instructions for line 8 for an international boycott
other than the boycott of Israel.
If you receive a substantial number of similar requests, you may attach a copy of one of these requests and a statement showing
the number and
nature of all other similar requests received.
Line 12—Boycott Agreements
If a substantial number of boycott agreements were entered into or were effective for the period covered by the report, and
the boycott clauses are
similar, you may attach a sample boycott clause and a statement showing the number and general nature of all other boycott
clauses and agreements
entered into. An agreement to participate in or cooperate with an international boycott continues for the entire period that
it is in effect and must
be reported each year that it is in effect.
Part II—Requests for and Acts of Participation in or Cooperation With an International Boycott
Check “Yes” for any requests or agreements entered into or continuing in effect during the period covered by the report for any international
boycott not excluded under U.S. approved boycotts on page 1. Also see Unsolicited invitation to bid on page 1. If no requests
were received and no agreements were entered into or were not in effect, enter “No.”
Use a separate line for each country, person, and type of participation or cooperation. Do not use separate lines for similar
types of
participation or cooperation by the same person in the same country.
Column (2).
Enter the identifying number of the person receiving the request or having the agreement.
Columns (3) and (4).
Enter in column (3) the principal business activity code number (see the list beginning on page 5) of the person receiving
the request or the
person who has the agreement. Enter in column (4) a brief description of the principal business activity of that person.
Column (5).
IC-DISCs, enter the product code from line 1a, Schedule N, Form 1120-IC-DISC.
Columns (6) and (8).
Enter in column (6) the total number of requests of the same type that were received by the same person in the same
country. Enter in column (8)
the total number of agreements of the same type that were entered into by the same person in the same country.
Columns (7) and (9).
Enter in column (7) the code number listed below that indicates the type of participation or cooperation requested.
Enter in column (9) the code
number listed below that indicates the type of participation or cooperation agreed to.
Code Number |
Type of Cooperation
or Participation Requested
or Agreed to |
01 |
Refrain from doing business with or in a country that is the object of the boycott or with the government,
companies, or nationals of that country.
|
02 |
Refrain from doing business with any U.S. person engaged in trade in a country that is the object of the boycott or
with the government, companies, or nationals of that country.
|
03 |
Refrain from doing business with any company whose ownership or management is made up, in whole or in part, of
individuals of a particular nationality, race, or religion, or to remove (or refrain from selecting) corporate directors who
are individuals of a
particular nationality, race, or religion.
|
04 |
Refrain from employing individuals of a particular nationality, race, or religion. |
05 |
As a condition of the sale of a product to the government, a company, or a national of a country, to refrain from
shipping or insuring products on a carrier owned, leased, or operated by a person who does not participate in or cooperate
with an international
boycott.
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