Solved: How do you change prior year foreign tax credit type? Prior years form 1116 filed as type "Certain income re-sourced by treaty". There are two prior year carry-forwards.

LSTAX · ‎12-07-2019

Partnership K-1 now breaks out line 16 foreign transactions 16E Foreign Gross Income sourced at partnership level - Branch Category and 16G Foreign gross income sourced at partnership level - General Category. Instructions state that IRC Section 904 provides for new category of foreign source inome, the foreign branch income category. Each category must be reported separately on form 1116. Carryovers will remain assigned to same post 2017 category unless you make an affirmative election under Section 904 to assign a portion of those to branch income category. I tried to change the category of income on sc 35.1 to Foreign Branch Income but form 1116 still shows type "Certain income re-sourced by treaty". Not sure if Certain income re-sourced by treaty is still a valid option but it still appears on the drop down.

itonewbie · ‎12-07-2019

You may like to re-read the new Prop. Regs. Prop. Reg. §1.904-2(j)(1)(ii) and (iii) only permit allocation of pre-2018 carryover from general limitation.

Treaty resourced income is a different category under §904(d)(6) separate from general limitation under §904(d)(1)(D). In order for US-source income to have been resourced as foreign, the treaty must specifically provide for that because the contracting state is granted the right to tax that income.

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Still an AllStar

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itonewbie · ‎12-07-2019

You may like to re-read the new Prop. Regs. Prop. Reg. §1.904-2(j)(1)(ii) and (iii) only permit allocation of pre-2018 carryover from general limitation.

Treaty resourced income is a different category under §904(d)(6) separate from general limitation under §904(d)(1)(D). In order for US-source income to have been resourced as foreign, the treaty must specifically provide for that because the contracting state is granted the right to tax that income.

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Still an AllStar

LSTAX · ‎12-07-2019

Thank you - and yes it looks like it is just for general to branch

itonewbie · ‎12-07-2019

YAVW

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Still an AllStar

How do you change prior year foreign tax credit type? Prior years form 1116 filed as type "Certain income re-sourced by treaty". There are two prior year carry-forwards.

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