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IRS Form 1120-F is the U.S. Income Tax Return of a Foreign Corporation. It reports income, gains, losses, deductions, and credits to figure U.S. tax liability. Foreign corporations use it to claim refunds, transmit Form 8833, and calculate branch profits tax. For returns due in 2026, the minimum late-filing penalty is $525.
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IRS Form 1120-F is the U.S. Income Tax Return of a Foreign Corporation. It reports income, gains, losses, deductions, and credits to figure U.S. tax liability. Foreign corporations use it to claim refunds, transmit Form 8833, and calculate branch profits tax. For returns due in 2026, the minimum late-filing penalty is $525.
Plain English
This form is for foreign corporations that have income from the United States. It calculates how much U.S. tax they owe, including any extra tax on branch profits. The form can also be used to ask for a refund or to report a treaty-based position.
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Corporation may be subject to alternative minimum tax
Required to compute alternative minimum tax liability
✓ Attach Form 4626 first after page 9 in the assembly order.
Corporation claims general business credit
Used to compute and claim various business credits
✓ Attach Form 3800 after Form 8941 in the assembly order.
Corporation disposes of property that may trigger investment credit recapture
Recapture of investment credit if property disposed of early
✓ Attach Form 4255 after Form 8997 in the assembly order.
Corporation has a qualified small employer health insurance credit
Credit for small employers who provide health insurance
✓ Attach Form 8941 after Form 8978 in the assembly order.
The specific due date for Form 1120-F is not provided in the official source. Extensions may be available, but details are not included in the excerpts.
Checklist
Address line (street address)
Room, suite, or unit number; P.O. box if applicable; C/O if mail in care of third party; foreign address format · Instructions p.12
Treaty-based position question (Item W(1))
Disclosure of treaty position; Form 8833 · Form p.2, Instructions p.2
Election under section 362(e)(2)(C)
Statement in accordance with Regulations section 1.362-4(d)(3) · Instructions p.7
Assembling the return order
Schedules and forms in specified order after page 9 · Instructions p.8
Late filing penalty
5% per month up to 25%; minimum $525 for returns due in 2026 · Instructions p.10
Foreign corporation with income excluded from gross income
Statement showing types and amounts of excluded income · Instructions p.7
Percentage owned (Item W)
Name and identifying number of owners; attribution rules under section 267(c) · Form p.2
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Entity Info
2 items
Full legal name of the corporation and its Employer Identification Number.
Current mailing address and date of incorporation.
Income
3 items
Total revenue from business operations before deducting costs.
Direct costs attributable to producing goods sold by the corporation.
Gross receipts minus cost of goods sold and returns/allowances.
Deductions
1 items
Sum of all business expenses including compensation, rent, interest, taxes, and depreciation.
Tax
2 items
Total income minus total deductions.
Tax calculated on taxable income using the applicable corporate tax rate, minus any credits.
Signatures
1 items
An authorized corporate officer must sign and date the return.
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Fillable formOpen in Editor->The current edition is the 2025 revision (labeled '20 25'). The instructions direct filers to IRS.gov/Form1120F for future developments. Notable changes include an increased minimum late-filing penalty for returns required to be filed in 2026, now the smaller of the tax due or $525.
Quick Facts
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Do I need to file Form 1120-F if I have no U.S. trade or business but have U.S. source income?
Yes, if tax liability not fully satisfied by withholding under Chapter 3.
→ Check if withholding covered all tax; if not, file Form 1120-F.
What if I have income exempt under a tax treaty?
Still must file if engaged in U.S. trade or business, even if income is exempt.
→ File Form 1120-F and attach Form 8833 if taking treaty position that overrules U.S. law.
Can I file a protective return?
Yes, if not sure if engaged in U.S. trade or business.
→ File Form 1120-F by the due date to preserve statute of limitations; see Protective Return Filers section.
What is the penalty for not disclosing a treaty-based position?
$10,000 penalty under section 6712.
→ Always answer Item W(1) truthfully and attach Form 8833 unless exception applies.
How do I elect to reduce basis under section 362(e)(2)(C)?
File a statement with the return in accordance with Regulations section 1.362-4(d)(3). Election is irrevocable.
→ Attach the statement to the return; do not complete schedules if income excluded.
In what order should I attach schedules and forms?
After page 9: Form 4626, Schedule D, Form 8949, Form 8996, Form 4136, Form 8978, Form 8941, Form 3800, Form 8997, Form 4255, then alphabetical schedules, numerical forms, then supporting statements.
→ Follow the list on Instructions p.8 exactly.
What if I need to amend Form 1120-F?
File an amended Form 1120-F with corrected amounts; attach supporting schedules/statements with original amount, adjustment, and corrected amount.
→ Include corporation's name and EIN on attachments; see Instructions p.12.
Can I attach an explanation for reasonable cause with my return?
No, do not attach explanation when filing. Wait for penalty notice, then send explanation to IRS.
→ If late, file return without explanation; respond to penalty notice later.
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This form is for foreign corporations that have income from the United States. It calculates how much U.S. tax they owe, including any extra tax on branch profits. The form can also be used to ask for a refund or to report a treaty-based position.
Any foreign corporation that is subject to U.S. income tax must file Form 1120-F. This includes corporations with U.S.-source income or a U.S. trade or business.
The form collects income, gains, losses, deductions, and credits to compute U.S. tax liability. It includes sections for branch profits tax and excess interest under section 884, and can transmit Form 8833 for treaty-based return positions.
Complete all applicable parts of Form 1120-F, including income, deductions, and credits. Attach required schedules and Form 8833 if claiming treaty benefits. Sign and date the return, and enclose payment if tax is due. Electronic filing is available; a waiver request must be mailed to the Ogden Submission Processing Center.
Failure to file on time may result in a penalty of 5% of unpaid tax per month up to 25%, with a minimum penalty of $525 for returns due in 2026 if more than 60 days late. Interest is also charged on late payments.
Yes, if tax liability not fully satisfied by withholding under Chapter 3. Check if withholding covered all tax; if not, file Form 1120-F.
Still must file if engaged in U.S. trade or business, even if income is exempt. File Form 1120-F and attach Form 8833 if taking treaty position that overrules U.S. law.
Yes, if not sure if engaged in U.S. trade or business. File Form 1120-F by the due date to preserve statute of limitations; see Protective Return Filers section.
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