Federal Return by a U.S. Transferor of Property to a Foreign Corporation

Return by a U.S. Transferor of Property to a Foreign Corporation
Form 926 (Rev. November 2018)
926

Form
(Rev. November 2018)
Department of the Treasury
Internal Revenue Service

Part I

Return by a U.S. Transferor of Property
to a Foreign Corporation

OMB No. 1545-0026

Go to www.irs.gov/Form926 for instructions and the latest information.
Attach to your income tax return for the year of the transfer or distribution.

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Attachment
Sequence No. 128

U.S. Transferor Information (see instructions)
Identifying number (see instructions)

Name of transferor

1
2
a

.

Yes

No

by
.
.

Yes
Yes

No
No

If the transferor was a member of an affiliated group filing a consolidated return, was it the parent
corporation? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Yes

No

Yes

No

Is the transferee a specified 10%-owned foreign corporation that is not a controlled foreign corporation?
If the transferor was a corporation, complete questions 2a through 2d.
If the transfer was a section 361(a) or (b) transfer, was the transferor controlled (under section 368(c))
five or fewer domestic corporations? . . . . . . . . . . . . . . . . . . . . . . .
b Did the transferor remain in existence after the transfer? . . . . . . . . . . . . . . . .
If not, list the controlling shareholder(s) and their identifying number(s).
Identifying number

Controlling shareholder

c

If not, list the name and employer identification number (EIN) of the parent corporation.
Name of parent corporation

d Have basis adjustments under section 367(a)(4) been made? .
3
a

EIN of parent corporation

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

If the transferor was a partner in a partnership that was the actual transferor (but is not treated as such under section 367),
complete questions 3a through 3d.
List the name and EIN of the transferor’s partnership.
Name of partnership

EIN of partnership

b Did the partner pick up its pro rata share of gain on the transfer of partnership assets? . . . . . . .
c Is the partner disposing of its entire interest in the partnership? . . . . . . . . . . . . . . .
d Is the partner disposing of an interest in a limited partnership that is regularly traded on an established
securities market? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II

Yes
Yes

No
No

Yes

No

Transferee Foreign Corporation Information (see instructions)

4

Name of transferee (foreign corporation)

5a Identifying number, if any

6

Address (including country)

5b Reference ID number
(see instructions)

7

Country code of country of incorporation or organization (see instructions)

8

Foreign law characterization (see instructions)

9

Is the transferee foreign corporation a controlled foreign corporation? .

For Paperwork Reduction Act Notice, see separate instructions.

.

.

.

.

.

Cat. No. 16982D

.

.

.

.

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.

.

Yes

No

Form 926 (Rev. 11-2018)

Page 2

Form 926 (Rev. 11-2018)

Part III
Information Regarding Transfer of Property (see instructions)
Section A—Cash
Type of
property

(a)
Date of
transfer

(b)
Description of
property

(c)
Fair market value on
date of transfer

(d)
Cost or other
basis

(e)
Gain recognized on
transfer

Cash

10

Was cash the only property transferred? . . . . . .
If “Yes,” skip the remainder of Part III and go to Part IV.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

Yes

.

No

Section B—Other Property (other than intangible property subject to section 367(d))
Type of
property

(a)
Date of
transfer

(b)
Description of
property

(c)
Fair market value on
date of transfer

(d)
Cost or other
basis

(e)
Gain recognized on
transfer

Stock and
securities
Inventory

Other property
(not listed under
another category)

Property with
built-in loss
Totals

11

Did the transferor transfer stock or securities subject to section 367(a) with respect to which a gain
recognition agreement was filed? . . . . . . . . . . . . . . . . . . . . . . . . .
12a Were any assets of a foreign branch (including a branch that is a foreign disregarded entity) transferred to a
foreign corporation? . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If “Yes,” go to line 12b.
b Was the transferor a domestic corporation that transferred substantially all of the assets of a foreign branch
(including a branch that is a foreign disregarded entity) to a specified 10%-owned foreign corporation? . .
If “Yes,” continue to line 12c. If “No,” skip lines 12c and 12d, and go to line 13.
c Immediately after the transfer, was the domestic corporation a U.S. shareholder with respect to the
transferee foreign corporation? . . . . . . . . . . . . . . . . . . . . . . . . . .
If “Yes,” continue to line 12d. If “No,” skip line 12d, and go to line 13.
d Enter the transferred loss amount included in gross income as required under section 91 ▶ $
13
Did the transferor transfer property described in section 367(d)(4)? . . . . . . . . . . . . . .
If “No,” skip Section C and questions 14a through 15.

Yes

No

Yes

No

Yes

No

Yes

No

Yes

No

Section C—Intangible Property Subject to Section 367(d)
Type of
property

(a)
Date of
transfer

(b)
Description of
property

(c)
Useful
life

(d)
(e)
Arm’s length price
on date of transfer Cost or other basis

(f)
Income inclusion
for year of transfer
(see instructions)

Property described
in sec. 367(d)(4)

Totals

Form 926 (Rev. 11-2018)

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Form 926 (Rev. 11-2018)

14a

Did the transferor transfer any intangible property that, at the time of the transfer, had a useful life
reasonably anticipated to exceed 20 years? . . . . . . . . . . . . . . . . . . . . .
b At the time of the transfer, did any of the transferred intangible property have an indefinite useful life? . .
c Did the transferor choose to apply the 20-year inclusion period provided under Regulations section
1.367(d)-1(c)(3)(ii) for any intangible property? . . . . . . . . . . . . . . . . . . . . .

d If the answer to line 14c is “Yes,” enter the total estimated anticipated income or cost reduction attributable
to the intangible property’s, or properties’, as applicable, use(s) beyond the 20-year period described in
Regulations section 1.367(d)-1(c)(3)(ii) ▶ $
Was any intangible property transferred considered or anticipated to be, at the time of the transfer or at any
15
time thereafter, a platform contribution as defined in Regulations section 1.482-7(c)(1)? . . . . . . .

Yes
Yes

No
No

Yes

No

Yes

No

Yes
Yes
Yes
Yes
Yes
Yes

No
No
No
No
No
No

Yes

No

Yes

No

Supplemental Part III Information Required To Be Reported (see instructions)

Part IV

Additional Information Regarding Transfer of Property (see instructions)

16

Enter the transferor’s interest in the transferee foreign corporation before and after the transfer.
(a) Before
% (b) After
%
Type of nonrecognition transaction (see instructions) ▶
17
18
Indicate whether any transfer reported in Part III is subject to any of the following.
a Gain recognition under section 904(f)(3) . . . . . . . . . . . . . . . . . . . . . . .
b Gain recognition under section 904(f)(5)(F) . . . . . . . . . . . . . . . . . . . . . .
c Recapture under section 1503(d) . . . . . . . . . . . . . . . . . . . . . . . . .
d Exchange gain under section 987 . . . . . . . . . . . . . . . . . . . . . . . . .
19
Did this transfer result from a change in entity classification? . . . . . . . . . . . . . . . .
20a Did a domestic corporation make a distribution of property covered by section 367(e)(2)? See instructions .
If “Yes,” complete lines 20b and 20c.
b Enter the total amount of gain or loss recognized pursuant to Regulations section 1.367(e)-2(b) ▶ $
c Did the domestic corporation not recognize gain or loss on the distribution of property because the
property was used in the conduct of U.S. trade or business under Regulations section 1.367(e)-2(b)(2)? . .
Did a domestic corporation make a section 355 distribution of stock in a foreign controlled corporation
21
covered by section 367(e)(1)? See instructions
. . . . . . . . . . . . . . . . . . . .

Form 926 (Rev. 11-2018)