4563 Exclusion of Income for Bona Fide Residents of American

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I.R.S. SPECIFICATIONS
TO BE REMOVED BEFORE PRINTING
INSTRUCTIONS TO PRINTERS
FORM 8845, PAGE 1 of 4
MARGINS: TOP 13 mm (1⁄2 "), CENTER SIDES.
PRINTS: HEAD TO HEAD
PAPER: WHITE WRITING, SUB. 20.
INK: BLACK
FLAT SIZE: 203 mm (8")
279 mm (11")
PERFORATE: ON FOLD
DO NOT PRINT — DO NOT PRINT — DO NOT PRINT — DO NOT PRINT

8845

Action

䊳

Revised proofs
requested

OMB No. 1545-1417

2005

Attachment
Sequence No.

Attach to your tax return.

Name(s) as shown on return

1

Current Year Credit
1
2

3

Incremental increase. Subtract line 2 from line 1

3

4

Multiply line 3 by 20% (.20) (see instructions)

4

5

Indian employment
credits from
pass-through entities:

If you are a—

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a Shareholder
b Partner
c Beneficiary
d Patron

Then enter the total of the current year credit(s) from—



Schedule K-1 (Form 1120S), box 13, code F, G, or U
Schedule K-1 (Form 1065), box 15, code F, G, or U
Schedule K-1 (Form 1041), box 13, code L
Written statement from cooperative

Current year credit. Add lines 4 and 5. (S corporations, partnerships, estates, trusts, and
cooperatives, see instructions.)

Part II
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●
●
●

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●
●
●

113

Identifying number

Total of qualified wages and qualified employee health insurance costs paid or incurred during
the tax year
Calendar year 1993 qualified wages and qualified employee health insurance costs (see
instructions). If none, enter -0-

2

Signature

O.K. to print

Indian Employment Credit

Department of the Treasury
Internal Revenue Service

Part I

Date

5

6

Allowable Credit (See Who must file Form 3800 to find out if you complete Part II or file Form 3800.)

Regular tax before credits:
Individuals. Enter the amount from Form 1040, line 44
Corporations. Enter the amount from Form 1120, Schedule J, line 3; Form 1120-A,
Part I, line 1; or the applicable line of your return
Estates and trusts. Enter the sum of the amounts from Form 1041, Schedule G, lines 1a
and 1b, or the amount from the applicable line of your return
Alternative minimum tax:
Individuals. Enter the amount from Form 6251, line 35
Corporations. Enter the amount from Form 4626, line 14
Estates and trusts. Enter the amount from Form 1041, Schedule I, line 56
Add lines 7 and 8
10a
Foreign tax credit
10b
Credits from Form 1040, lines 48 through 54
10c
Possessions tax credit (Form 5735, line 17 or 27)
10d
Nonconventional source fuel credit (Form 8907, line 23)
10e
Other specified credits (see instructions)





9
10a
b
c
d
e
f Add lines 10a through 10e
11 Net income tax. Subtract line 10f from line 9. If zero, skip lines 12 through 15 and enter -0- on
line 16
12 Net regular tax. Subtract line 10f from line 7. If zero or less, enter -0- 12
13 Enter 25% (.25) of the excess, if any, of line 12 over $25,000 (see instructions) 13
14 Tentative minimum tax (see instructions):
● Individuals. Enter the amount from Form 6251, line 33
● Corporations. Enter the amount from Form 4626, line 12
14
● Estates and trusts. Enter the amount from Form 1041,
Schedule I, line 54
15 Enter the greater of line 13 or line 14
16 Subtract line 15 from line 11. If zero or less, enter -017 Credit allowed for the current year. Enter the smaller of line 6 or line 16 here and on Form
1040, line 55; Form 1120, Schedule J, line 6d; Form 1120-A, Part I, line 2; Form 1041, Schedule
G, line 2c; or the applicable line of your return. If line 16 is smaller than line 6, see instructions



For Paperwork Reduction Act Notice, see instructions.

Cat. No. 16146D

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Form

8845

(2005)

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I.R.S. SPECIFICATIONS
TO BE REMOVED BEFORE PRINTING
INSTRUCTIONS TO PRINTERS
FORM 8845, PAGE 2 of 4
MARGINS: TOP 13 mm (1⁄2 "), CENTER SIDES.
PRINTS: HEAD TO HEAD
PAPER: WHITE WRITING, SUB. 20.
INK: BLACK
FLAT SIZE: 203 mm (8")
279 mm (11")
PERFORATE: ON FOLD
DO NOT PRINT — DO NOT PRINT — DO NOT PRINT — DO NOT PRINT

Form 8845 (2005)

General Instructions
Section references are to the Internal Revenue Code unless
otherwise noted.

Purpose of Form
Employers of American Indians who are qualified employees
use Form 8845 to claim the Indian employment credit.

Definitions
Qualified wages means any wages paid or incurred by an
employer for services performed by an employee while such
employee is a qualified employee (see below). It does not
include wages attributable to services rendered during the
1-year period beginning with the day the employee starts
work for the employer if any portion of such wages is used in
figuring the work opportunity credit on Form 5884. Wages
has the same meaning given in section 51.
Qualified employee health insurance costs means any
amount paid or incurred by an employer for health insurance
coverage for an employee while the employee is a qualified
employee. Do not include amounts paid or incurred for health
insurance under a salary reduction arrangement.
Qualified employee means, for any tax period, any
employee who meets all three of the following tests.
1. The employee is an enrolled member, or the spouse of
an enrolled member, of an Indian tribe. Each tribe determines
who qualifies for enrollment and what documentation, if any,
is issued as proof of enrollment status. Examples of
appropriate documentation will vary from one tribe to another
and may include a tribal membership card, Certified Degree
of Indian Blood (CDIB) card, or letter from the tribe or tribal
enrollment office. Employers should retain a copy of the
proof of enrollment status provided by the employee.
2. Substantially all the services performed by the employee
for the employer are performed within an Indian reservation
(defined below).
3. The employee’s principal residence while performing
such services is on or near the reservation where the
services are performed.
However, the employee shall be treated as a qualified
employee for any tax year only if more than 50% of the
wages paid or incurred by the employer to the employee
during the tax year are for services performed in the
employer’s trade or business. Each member of a controlled
group must meet this requirement independently. Also, see
the instructions for lines 1 and 2.
The following are not qualified employees.
● Any individual who bears any of the relationships
described in sections 152(d)(2)(A) through 152(d)(2)(G) to, or
is a dependent described in section 152(d)(2)(H) of, the
employer.
● If the employer is a corporation, any individual who bears
any of the relationships described in sections 152(d)(2)(A)
through 152(d)(2)(G) to, or is a dependent described in
section 152(d)(2)(H) of, an individual who owns (or is
considered to own under section 267(c)) more than 50% in
value of the outstanding stock of the corporation.
● If the employer is an estate or trust, any individual who is a
grantor, beneficiary, or fiduciary of the estate or trust (or a
dependent, as described in section 152(d)(2)(H), of that
individual), or any individual who is a relative, as described in
sections 152(d)(2)(A) through 152(d)(2)(G), of the grantor,
beneficiary, or fiduciary of the estate or trust.
● If the employer is other than a corporation, estate, or trust,
any individual who owns directly or indirectly more than 50%
of the capital and profits interest, including constructive
ownership, in the entity.

Page

2

● Any person who owns (or is considered to own under
section 318) more than 5% of the outstanding or voting
stock of the employer or, if not a corporate employer, more
than 5% of the capital or profits interest in the employer.
● Any individual who performs services involving the conduct
of Class I, II, or III gaming, as defined in section 4 of the
Indian Gaming Regulatory Act, and any individual performing
any services in a building housing such gaming activity.
Indian tribe means any Indian tribe, band, nation, pueblo,
or other organized group or community, including any Alaska
Native village or regional or village corporation, as defined in,
or established under, the Alaska Native Claims Settlement
Act, that is recognized as eligible for the special programs
and services provided by the United States to Indians
because of their status as Indians. See the Federal Register
dated July 12, 2002 (67 FR 46328), for the most recent listing
of federally recognized Indian tribes.
Indian reservation means a reservation as defined in
section 3(d) of the Indian Financing Act of 1974 or section
4(10) of the Indian Child Welfare Act of 1978.

Early Termination of Employee
Generally, if the employer terminates a qualified employee
less than 1 year after the date of initial employment, the
following rules apply.
● No wages or qualified employee health insurance costs
may be taken into account for the tax year the employment
is terminated.
● Any credits allowed for prior tax years by reason of wages
paid or incurred to that employee must be recaptured.
Include the recapture amount on the line for recapture taxes
on your income tax return. Also, any carryback or carryover
of the credit must be adjusted.
These rules do not apply if:
● The employee voluntarily quits,
● The employee is terminated because of misconduct, or
● The employee becomes disabled. However, if the disability
ends during the first year of employment, the employer must
offer reemployment to that employee.
An employee is not treated as terminated if the corporate
employer is acquired by another corporation covered under
the rules in section 381(a) and the employee continues to be
employed by the acquiring corporation. Nor is a mere change
in the form of conducting the trade or business treated as a
termination if the employee continues to be employed in
such trade or business and the taxpayer retains a substantial
interest in such trade or business.

Specific Instructions
Part I
Current Year Credit
Figure the credit for your trade or business on lines 1 through
4. Skip lines 1 through 4 if you are only claiming a credit that
was allocated to you from a pass-through entity. The
following rules apply for lines 1 and 2.
● The total amount of qualified wages and qualified
employee health insurance costs for each qualified employee
for any tax year is limited to $20,000.
● Members of a controlled group of corporations and
businesses under common control are treated as a single
employer in determining the credit.
● For a short tax year, multiply the wages limit by the
number of days in the short tax year and divide the result by
365.

4
I.R.S. SPECIFICATIONS
TO BE REMOVED BEFORE PRINTING
INSTRUCTIONS TO PRINTERS
FORM 8845, PAGE 3 of 4 (PAGE 4 IS BLANK)
MARGINS: TOP 13 mm (1⁄2 "), CENTER SIDES.
PRINTS: HEAD TO HEAD
PAPER: WHITE WRITING, SUB. 20.
INK: BLACK
FLAT SIZE: 203 mm (8")
279 mm (11")
PERFORATE: ON FOLD
DO NOT PRINT — DO NOT PRINT — DO NOT PRINT — DO NOT PRINT

Form 8845 (2005)

Page

Line 1
Enter the total qualified wages and qualified employee health
insurance costs paid or incurred for qualified employees
during the tax years. An employee is not a qualified
employee if the total amount of wages paid or incurred by
the employer to the employee during the tax year (whether or
not for services within an Indian reservation) exceeds
$35,000.

Line 2
Enter the total qualified wages and qualified employee health
insurance costs paid or incurred by the employer (or
predecessor) for qualified employees during calendar year
1993 (as if section 45A had been in effect during 1993). If
none, enter zero. For this purpose, an employee is not a
qualified employee if the total amount of wages paid or
incurred by the employer to the employee during calendar
year 1993 (whether or not for services within an Indian
reservation) exceeds $30,000.

Line 4
Generally, you must reduce the deductions on your return for
salaries and wages and health insurance costs by the credit
on line 4, even if you cannot take the full credit this year
because of the tax liability limit. If you capitalized any costs
on which you figured the credit, reduce the amount
capitalized by the credit attributable to these costs.

Line 6
If you have a credit from a passive activity, stop here and go
to Form 3800.
S corporations and partnerships. Allocate the line 6 credit
among the shareholders or partners. Show the credit for
each shareholder or partner on Schedule K-1. Electing large
partnerships include this credit in “general credits.”
Estates and trusts. Allocate the line 6 credit between the
estate or trust and the beneficiaries in proportion to the
income allocable to each. On the dotted line to the left of the
amount on line 6, the estate or trust should enter its part of
the total Indian employment credit. Label it “1041 Portion”
and use this amount in Part II (or on Form 3800, if required)
to figure the credit to claim on Form 1041.
Cooperatives. A cooperative described in section 1381(a)
takes the Indian employment credit to the extent it has tax
liability. Any excess is shared among its patrons, but any
credit recapture applies as if the cooperative had claimed the
entire credit.

Part II
Allowable Credit
The credit allowed for the current year may be limited based
on your tax liability. Use Part II to figure the allowable credit
unless you must file Form 3800, General Business Credit.
Who must file Form 3800. You must file Form 3800 if you
have:
● An Indian employment credit from a passive activity,
● More than one credit included in the general business
credit (other than a credit from Form 8844, Form 6478, or
Section B of Form 8835), or
● A carryback or carryforward of any of those credits.

3

See the instructions for Form 3800 to find out which
credits are included in the general business credits.

Line 10e
Include on line 10e any amounts claimed on:
● Form 8834, Qualified Electric Vehicle Credit, line 20;
● Form 8910, Alternative Motor Vehicle Credit, line 18; or
● Form 8911, Alternative Fuel Vehicle Refueling Property
Credit, line 19.

Line 13
See section 38(c)(5) for special rules that apply to married
couples filing separate returns, controlled corporate groups,
regulated investment companies, real estate investment
trusts, and estates and trusts.

Line 14
Although you may not owe alternative minimum tax (AMT),
you generally must still compute the tentative minimum tax
(TMT) to figure your credit. For a small corporation exempt
from the AMT under section 55(e), enter zero. Otherwise,
complete and attach the applicable AMT form or schedule
and enter the TMT on line 14.

Line 17
If you cannot use all of the credit because of the tax liability
limit (line 16 is smaller than line 6), carry the unused credit
back 1 year and then forward up to 20 years. See the
instructions for Form 3800 for details.
Paperwork Reduction Act Notice. We ask for the
information on this form to carry out the Internal Revenue laws
of the United States. You are required to give us the
information. We need it to ensure that you are complying with
these laws and to allow us to figure and collect the right
amount of tax.
You are not required to provide the information requested
on a form that is subject to the Paperwork Reduction Act
unless the form displays a valid OMB control number. Books
or records relating to a form or its instructions must be
retained as long as their contents may become material in the
administration of any Internal Revenue law. Generally, tax
returns and return information are confidential, as required by
section 6103.
The time needed to complete and file this form will vary
depending on individual circumstances. The estimated burden
for individual taxpayers filing this form is approved under OMB
control number 1545-0074 and is included in the estimates
shown in the instructions for their individual income tax return.
The estimated burden for all other taxpayers who file this form
is shown below.
Recordkeeping
Learning about the law
or the form
Preparing and sending
the form to the IRS

5 hr., 44 min.
1 hr., 35 min.
1 hr., 45 min.

If you have comments concerning the accuracy of these
time estimates or suggestions for making this form simpler,
we would be happy to hear from you. See the instructions for
the tax return with which this form is filed.

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