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This video will discuss the new global intangible low taxed income or guilty rules of section 951 cap a these rules do not apply until 2018 for calendar year taxpayers guilty is essentially a new type of subpart F income where the income is deemed distributed from of controlled foreign corporation or CFC to its US shareholders under the guilty rules nearly all of each CFC's income will typically be deemed distributed each year in this video we will only discuss guilty as it applies to us individual shareholders there are some additional guilty rules that apply to C corporation US shareholders as with other types of subpart F income guilty will likely not be treated as qualified dividend income guilty equals net CFC tested income minus net deemed intangible income return or dieter for sure net CFC tested income equals the US shareholders aggregate pro rata share of tested income of each CFC less the US shareholders aggregate pro rata share of tested loss of each CFC if the US shareholder only owns one CFC then net CFC tested income will simply be the tested income or loss of that CFC the tested income of a CFC starts with the CFC's total gross income less certain amounts such as gross income associated with us effectively connected income subpart F income as computed under the pre-existing subpart F income rules income that would be sub part of income, but that was high taxed dividends received from related persons and foreign oil and gas extraction income the gross income remaining is then reduced by deductions that are allocable to the tested gross income in many cases all the CFC's income will be tested income met dieter equals 10 of Cuba — certain interest expense incurred by the CFC Cuba is qualified business asset investment and means the quarterly average of the adjusted tax basis of the CFC's depreciable tangible property used in the production of tested income in many cases all the CFC's depreciable assets will be included in Cuba you must calculate the tax basis of the CFC's assets using the alternative depreciation system in Section 168 G which requires depreciation on a straight-line basis over the class life of the asset the interest expense will include all interest paid to unrelated parties now let's go through an example individual an owns 100 percent of FC a foreign corporation in country B FC is the only foreign corporation that individual an owns FC is a controlled foreign corporation FC has no us effectively connected income no subpart F income no income that would be subpart F income but was highly taxed no dividends from related persons and no oil and gas income FC has after-tax profit of 100 included in the hundred dollars is an interest expense deduction for interest that FC paid to unrelated parties of 3 the average tax basis of F C's depreciable tangible property was 80 F sees tested income would be the full 100 since there is only one CFC the net CFC tested income will be 100 the net dieter will be 5 computed as 10 of...
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