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Form 8991: Tax on Base Erosion Payments of Taxpayers With Substantial Gross Receipts
IRS Form 8991 is used to determine a taxpayer’s base erosion minimum tax amount for the year, applying to large corporations that reduce U.S. tax liabilities by making deductible payments to foreign related parties; these payments must be charged to a capital account.
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IRS Form 8991 - Tax on Base Erosion Payments of Taxpayers With Substantial Gross Receipts
IRS Form 8991 is used to determine a taxpayer’s base erosion minimum tax amount for the year, applying to large corporations that reduce U.S. tax liabilities by making deductible payments to foreign related parties; these payments must be charged to a capital account.
Risk Radar
Scan points- 1Do not enter “See Attached” or “Available Upon Request” instead of completing an entry space on Form 8991.
- 2Failing to complete every applicable entry space on Form 8991, using placeholders instead.
- 3Combining base erosion tax benefits subject to different withholding rates on Schedule A.
- 4Excluding a base erosion tax benefit that is exempt from tax pursuant to relevant income tax treaty provisions.
- 5Not entering the filer’s name and EIN on supporting statements or attachments.
Plain English
This form helps calculate a special minimum tax owed on certain payments made to foreign companies. It applies when a large corporation reduces its U.S. tax bill by paying money to an affiliated foreign entity for things like amortization or deductions. The resulting amount determines the taxpayer's base erosion percentage and modified taxable income.
Submission Date
- Filing date: 2026-01-16 17:10:53
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- Use this form when a corporation (other than a RIC, REIT, or S corporation) has annual gross receipts of at least $500 million in 1 or more of the 3 preceding tax years ending with the preceding tax year and needs to determine its base erosion minimum tax amount.
- Do not use Form 8991 when you are an RIC, a REIT, or an S corporation.
- Check Schedule A (Form 8991) instead when determining the specific amounts of base erosion payments and base erosion tax benefits.
Deadline or filing window
Form 8991 must be attached to your income tax return by the due date (including extensions) for that return. The source does not specify a fixed calendar date but requires filing by the established deadline or any granted extension.
Checklist
What you need before filling it out
Purpose of Form
Base erosion minimum tax amount for the year · General Instructions
Filer Requirement (Who Must File)
Annual gross receipts of at least $500 million in 1 or more of the 3 preceding tax years · Instructions p.4
Base Erosion Payment Definition
Any expenditure made by a taxpayer to a foreign related party charged to a capital account under section 174 · Instructions p.1
Penalty for Non-Compliance
$25,000 (increased from $10,000) · Instructions p.1
Related Party Definition (Example)
Any deduction for amounts paid/accrued for services applying the exception under Regulations section 1.59A-3(b)(3)(i) · Instructions p.3
Before you submit
- 1Complete every applicable entry space on Form 8991, avoiding phrases like 'See Attached'.
- 2Ensure the filer's name and employer identification number (EIN) are entered on each supporting statement or attachment.
- 3If attaching supplementary sheets, confirm they match the same size and format as the printed forms.
- 4Arrange all supporting statements and attachments in the exact order of the schedules or forms they support, and attach them last.
- 5Show the totals directly on the printed Form 8991 and its schedules.
- 6If filing a correction, write 'Corrected' at the top of the form and include a statement identifying the changes.
- 7Attach Form 8991 to your income tax return (or exempt organization business income tax return) by the due date.
How to file this form
- 1Determine if the filer meets the requirement: is it a corporation (not RIC, REIT, or S corp) with annual gross receipts of at least $500 million in 1 or more of the 3 preceding tax years.
- 2Complete Form 8991, ensuring all applicable entry spaces are filled and totals are shown on the forms/schedules.
- 3Attach supporting statements and attachments in order (after completing the main form), ensuring each attachment includes the filer's name and EIN.
- 4File Form 8991 by the due date of the associated income tax return, keeping a copy for your records.
Known limitations
- 1Any corporation that qualifies as a Real Estate Investment Trust (REIT) does not need to file Form 8991.
- 2Any S corporation does not need to file Form 8991.
- 3If the taxpayer is an aggregate group of corporations, the entire group must have annual gross receipts of at least $500 million in one or more of the 3 preceding tax years ending with the preceding tax year for filing requirement.
- 4If a corporation checks 'No' on line 1g of Form 8991, it is not subject to the section 59A tax on base erosion payments of taxpayers with substantial gross receipts and does not need to complete remaining lines.
Field map
Compact field-by-field guide
Entity Info
1 items
Name and taxpayer ID of the entity claiming the credit.
Credit Info
1 items
Type of credit or incentive being claimed.
Calculation
2 items
The base amount used to calculate the credit.
Calculated credit amount after applying formulas and limitations.
Certification
1 items
Detailed breakdown supporting the credit calculation.
Signatures
1 items
Sign and date the form.
Almost done reviewing the fields?
Fillable formOpen in Editor->The current edition is specified as December 2024, and instructions reference this revision while noting that Form 8991 instructions are for the December 2025 revision. For the latest information, users should consult IRS.gov/Form8991.
What changed or needs a fresh check
- Edition date — confirm the revision reads December 2024.
- Fee — Not stated in the official source
- Mailing address — Not stated in the official source
- Signature — Ensure the filer signs the form before sending it.
Quick Facts
Downloads
After you file
- 1Complete every applicable entry space on Form 8991; do not enter 'See Attached' or 'Available Upon Request' instead.
- 2If supporting statements and attachments are included, arrange them in the same order as the schedules or forms they support and attach them last.
- 3Show the totals on the printed forms of Form 8991.
- 4Enter the filer’s name and employer identification number (EIN) on each supporting statement or attachment.
Sources
- SRCInstructions p.1 — The Tax Cuts and Jobs Act of 2017 (P.L. 115-97) added section 59A, which is the basis for Form 8991.
- SRCInstructions p.4 — Any corporation, other than a RIC, a REIT, or an S corporation, must file Form 8991 if it has annual gross receipts of at least $500 million in one or more of the 3 preceding tax years ending with the preceding tax year.
- SRCInstructions p.4 — The filing deadline for Form 8991 is by the due date (including extensions) of the corresponding income tax return (or exempt organization business income tax return).
- SRCInstructions p.5 — On Line 1b, enter the aggregate gross receipts for the second preceding tax year.
- SRCInstructions p.5 — On Line 1c, enter the aggregate gross receipts for the third preceding tax year; do not include on line 1c gross receipts that have already been included on line 1a.
- SRCInstructions p.9 — When using the worksheet for Schedule A, use a separate row for each type of base erosion payment and each treaty-reduced withholding tax rate to which the corresponding benefit is subject.
Common confusion points
Must I include gross receipts from the current year when calculating eligibility?
If the taxpayer was not in existence for the entire 3-year period referenced, the taxpayer must determine a gross receipts average that includes the current year’s gross receipts.
→ Check Line 1f to confirm how this calculation is handled.
Do I have to include all base erosion tax benefits on Schedule A?
Do not include a base erosion tax benefit that is subject to the 30% statutory withholding tax rate or one exempt from tax via an income tax treaty provision.
→ Review instructions for Worksheet for Schedule A, Line 14.
How do I handle multiple types of base erosion payments on Schedule A?
Use a separate row for each type of base erosion payment and for each treaty-reduced withholding tax rate to which the corresponding benefit is subject.
→ Ensure you do not combine benefits subject to different withholding rates.
What if my derivative payment is a 'qualified' one?
If it is a qualified derivative payment, do not include its amount when entering on Line 9a, columns (a-1) and (b-1).
→ Confirm the definition of a qualified derivative payment per Regulations section 1.59A-6.
Where should I put the gross receipts for the second preceding tax year?
Enter this amount in column (b) on Line 1.
→ Ensure you do not include amounts already listed on Line 1a when filling out Line 1c.
When filing, what is the general rule regarding extensions?
Attach Form 8991 to your income tax return and file by the due date of that return, including any extensions granted.
→ Verify this requirement in Specific Instructions.
Workflow map
Related forms and next steps
Before
Current
After
Often used with
⚠ If something goes wrong
- Use the instructions for Form 3800 to apply general rules and ordering rules when applying credits reported on that form.
Questions about IRS Form 8991
What is IRS Form 8991 used for?
This form helps calculate a special minimum tax owed on certain payments made to foreign companies. It applies when a large corporation reduces its U.S. tax bill by paying money to an affiliated foreign entity for things like amortization or deductions. The resulting amount determines the taxpayer's base erosion percentage and modified taxable income.
Who must file IRS Form 8991?
A Corporation, or a Foreign Corporation Engaged in a U.S. Trade or Business, must use Form 8991 to determine its base erosion minimum tax amount for the year.
What information does IRS Form 8991 require?
The form collects details on expenditures charged to capital accounts (base erosion payments) via Schedule A. It also reports deductions being waived for the tax year on Schedule B and calculates Modified Taxable Income in Part II.
When is IRS Form 8991 due?
Form 8991 must be attached to your income tax return (or, if applicable, exempt organization business income tax return) and filed by the due date (including extensions) for that return.
Where do I file IRS Form 8991?
The source does not specify a single service center address; the form must be attached to the relevant income tax return being filed.
How do I complete IRS Form 8991?
First, determine if you are subject to the tax by checking Line 2p; if 'No,' skip Parts II–IV and complete Part V and Schedule A. If 'Yes,' proceed through Part II (Modified Taxable Income), then complete the remaining parts and schedules before signing.
What happens if IRS Form 8991 is filed incorrectly?
If entry spaces are left blank, entering only “See Attached” or “Available Upon Request,” the required information is missing from Form 8991.
Must I include gross receipts from the current year when calculating eligibility?
If the taxpayer was not in existence for the entire 3-year period referenced, the taxpayer must determine a gross receipts average that includes the current year’s gross receipts. Check Line 1f to confirm how this calculation is handled.
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