Form 1116 in 1040

[Barb Evergreen]

Line 33 on the 1116 is not picking up the calculated amount on Line 22, but rather the maximum credit from Line 14.  Therefore credit carried to Line 1 on Schedule 3 is overstated.  Seems incorrect to me - is there a law change I don't know about or is the software wrong?

[itonewbie]

No change to the law.  Is that for passive income, how much is the foreign tax, is the foreign tax reported on a 1099, and does the taxpayer have any other types of foreign source income?

[Barb Evergreen]

Yes, it was simply 1099-DIV foreign tax of $294; calc allowed $219 per 1116; $294 entered on Line 33 and carried to Sch. 3; no other foreign income from other 1099-DIVs; pretty vanilla FTC calculation that ProSeries seems to have come to a wrong answer.

Thanks,BE

[itonewbie · Accepted solution]

From your response, I deduce that your client has no foreign source income other than what's on the 1099-DIV.

Given the amount, your client will qualify for §904(j), which allows him/her to claim foreign tax credit without filing a F.1116 and without regard to the limitation that would otherwise apply.

This is an election that does not require a statement to be attached to the return - you client can simply claim that as a credit on Sch 3, limited to the smaller of the foreign tax from the 1099-DIV or regular tax on the return.  If it is limited by regular tax, however, there will still be no FTC carryback/carryover to other years.