Američki porez na osobnu holding kompaniju (PHC)
This document provides instructions for completing Schedule PH (Form 1120), which is used to report personal holding company income and tax. The schedule requires information about the corporation's stock ownership, income and deductions from property, dividends paid, and excess of expenses over income. It also includes a reminder about the requirement to attach certain schedules and forms.
A personal holding company (PHC) is a corporation that meets the following conditions: (1) it has at least 60% of its adjusted ordinary gross income from passive activities, such as rents, interest, and royalties; (2) it is not a real estate investment trust (REIT); (3) it does not materially participate in the conduct of any trade or business; and (4) it has 50% or more of its outstanding stock owned (directly or indirectly) by five or fewer individuals, such as corporations, partnerships, and estates.
Deductions for depreciation and amortization, property taxes, interest, rent, and production expenses are allocable to rents. Deductions for depreciation and amortization, depletion, property and severance taxes, interest, and rent are allocable to mineral, oil, and gas royalties and gross income from a working interest in an oil or gas well. Deductions for depreciation and amortization, property taxes, interest, and rent are allocable to compensation.
A worksheet is provided for calculating ordinary gross income, adjusted ordinary gross income, and the percentage of stock held for producing oil or gas for purposes of the Personal Holding Company (PHC) income test.
Undistributed personal holding company income is the portion of a corporation's personal holding company income that has not been distributed to its shareholders. For a PHC, this income is subject to the higher tax rate if it is not timely reported on Form 1120-PHC.
A personal holding company (PHC) pays a higher tax rate on its undistributed personal holding company income. The tax rate is 20% if the corporation timely files Form 1120-PHC, or 35% if it does not. If the PHC has net capital gains and it timely files Form 1120-PHC, it may pay a reduced tax rate of 20% on those gains.
For purposes of determining if a corporation is a PHC, passive activities include rents from real property, interest income, and royalties. A corporation's adjusted ordinary gross income must come primarily from these passive activities for it to be considered a PHC.
Rents, royalties from mineral, oil, and gas wells, compensation, and certain excluded interest income are separately adjusted in figuring adjusted ordinary gross income.
To determine if it is a personal holding company (PHC), a corporation must complete Worksheet 2 in the instructions for Schedule PH. If the percentage of adjusted ordinary gross income from passive activities is at least 60% and the stock ownership requirement of section 542(a) is met, the corporation is classified as a PHC.
Schedule PH is used to determine whether a corporation is a personal holding company (PHC). If a corporation is classified as a PHC, it must file Form 1120-PHC in addition to Form 1120. A PHC pays a higher tax rate on its undistributed personal holding company income.
If a corporation does not meet the 60% or more requirement for the percentage test in determining whether it is a Personal Holding Company, then it is not treated as a Personal Holding Company and Schedule PH need not be filed.
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