Form 8801 - Credit for Prior Year Minimum Tax - Individuals, Estates and Trusts

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2014

Instructions for Form 8801

Department of the Treasury
Internal Revenue Service

Credit for Prior Year Minimum Tax—Individuals, Estates, and Trusts
Section references are to the Internal Revenue Code unless
otherwise noted.

Future Developments

For the latest information about developments related to Form
8801 and its instructions, such as legislation enacted after they
were published, go to www.irs.gov/form8801.

General Instructions
Purpose of Form

Use Form 8801 if you are an individual, estate, or trust to figure
the minimum tax credit, if any, for alternative minimum tax (AMT)
you incurred in prior tax years and to figure any credit
carryforward to 2015.

Who Should File

Complete Form 8801 if you are an individual, estate, or trust that
for 2013 had:
An AMT liability and adjustments or preferences other than
exclusion items,
A credit carryforward to 2014 (on 2013 Form 8801, line 26), or
An unallowed qualified electric vehicle credit (see the
instructions for line 20).
File Form 8801 only if line 21 is more than zero.

Specific Instructions
The AMT is caused by two types of adjustments and
preferences—deferral items and exclusion items. Deferral items
(for example, depreciation) generally do not cause a permanent
difference in taxable income over time. Exclusion items (for
example, the standard deduction), on the other hand, do cause
a permanent difference. The minimum tax credit is allowed only
for the AMT caused by deferral items.

Part I—Net Minimum Tax on
Exclusion Items
Line 1—Estates and Trusts

These line 1 instructions are for estates and trusts only. Skip
lines 1 through 3 of Form 8801. To figure the amount to enter on
line 4 of Form 8801, complete Parts I and II of another 2013
Form 1041, Schedule I, as a worksheet. After completing lines 1
and 7 of Schedule I, complete the rest of Part I of Schedule I by
taking into account only exclusion items (the amounts included
on lines 2 through 6, 8, and 9, and any other adjustments related
to exclusion items included on line 23 of Schedule I). On line 24
of Schedule I, use the minimum tax credit net operating loss
deduction (MTCNOLD). However, do not limit the MTCNOLD to
90% of the total of lines 1 through 23 of Schedule I. (See the
instructions for line 3 of Form 8801 for how to figure the
MTCNOLD.) In Part II of Schedule I, complete lines 35 and 36
without taking into account any basis adjustments arising from
deferral items. If the amount on Schedule I, line 29, is zero or
less, enter -0- on Form 8801, line 4. Otherwise, enter on Form
8801, line 4, the amount from Schedule I, line 29, adjusted for
exclusion items that were allocated to the beneficiary.
Jun 06, 2014

Note. If you complete Parts I and II of a 2013 Form 1041,
Schedule I, as a worksheet to figure the amount to enter on 2014
Form 8801, line 4, do not attach that worksheet Schedule I
to your tax return. Instead, keep it for your records.

Line 2

Enter on this line the adjustments and preferences treated as
exclusion items (except the standard deduction). Exclusion
items are only the following AMT adjustments and preferences:
itemized deductions (including any investment interest expense
reported on Schedule E), certain tax-exempt interest, depletion,
the section 1202 exclusion, and any other adjustments related to
exclusion items. Do not include the standard deduction. It has
already been included on line 1. Combine lines 2 through 5, 7
through 9, 12, and 13 of your 2013 Form 6251. Do not include
any amount from line 15 of the 2013 Form 6251. Instead, include
the exclusion item amount from the Schedule(s) K-1 (Form
1041) you received for 2013. That amount is shown in box 12
with code J. If you included on line 27 of the 2013 Form 6251
any adjustments related to exclusion items, also include those
adjustments in the amount you enter on line 2. Enter the total on
line 2.
Exclusion items on other lines. If you included any exclusion
item on a line not listed above, include that item in the amount
you enter on line 2. For example, if depletion was included on
Form 6251 as an adjustment on line 19 (passive activities)
instead of on line 9 (depletion), include it as an exclusion item in
the amount you enter on line 2.

Line 3

Your minimum tax credit net operating loss deduction
(MTCNOLD) is the total of the minimum tax credit net operating
loss (MTCNOL) carryovers and carrybacks to 2013. Your
MTCNOL is figured as follows.
Your MTCNOL is the excess of the deductions (excluding the
MTCNOLD) over the income used to figure alternative minimum
taxable income (AMTI) taking into account only exclusion items.
Figure this excess with the modifications in section 172(d) taking
into account only exclusion items. (That is, the section 172(d)
modifications must be figured separately for the MTCNOL.)
For example, the limitation of nonbusiness deductions to the
amount of nonbusiness income must be figured separately for
the MTCNOL using only nonbusiness income and deductions
but taking into account only exclusion items. However, ignore
the disallowance of the deduction for personal exemptions under
section 172(d)(3) because it has already been taken into
account to figure AMTI attributable only to exclusion items.
To determine the amount of MTCNOL that may be carried to
tax years other than 2013, apply sections 172(b)(2) and 172(d)
with appropriate modifications to take into account only
exclusion items.

Line 4

If your filing status was married filing separately for 2013 and
line 4 is more than $238,550, you must include an additional
amount on line 4. If line 4 is $400,150 or more, include an
additional $40,400 on line 4. Otherwise, include 25% of the
excess of the amount on line 4 over $238,550. For example, if
the amount on line 4 is $258,550, enter $263,550 instead—the

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enter the amount from line 55 on line 11. All others, do not
complete Part III. Instead, if Form 8801, line 10, is $179,500 or
less ($89,750 or less if you checked filing status box 3, 4, or 5 on
Form 1040NR for 2013), figure the amount to enter on line 11 by
multiplying line 10 by 26% (.26). Otherwise, figure the amount to
enter on line 11 by multiplying line 10 by 28% (.28) and
subtracting $3,590 ($1,795 if you checked filing status box 3, 4,
or 5 for 2013) from the result.

additional $5,000 is 25% of $20,000 ($258,550 minus
$238,550).

Line 9

Do not enter more than the sum of your 2013 earned income
plus $7,150 if you did not file a joint return for 2013, at least one
of your parents was alive at the end of 2013, and one of the
following statements is true.
1. You were under age 18 at the end of 2013.
2. You were age 18 at the end of 2013 and did not have
earned income that was more than half of your support.
3. You were a full-time student over age 18 and under age
24 at the end of 2013 and did not have earned income that was
more than half of your support.

Line 12

If you made an election to claim the foreign tax credit on your
2013 Form 1040 (or Form 1040NR) without filing Form 1116,
enter on Form 8801, line 12, the amount from your 2013 Form
1040, line 47 (or Form 1040NR, line 45). Otherwise, the
minimum tax foreign tax credit on exclusion items (MTFTCE) is
your 2013 AMT foreign tax credit (AMTFTC) refigured using only
exclusion items. Follow these steps to figure your MTFTCE.

Certain January 1 birthdays. If you were born on January 1,
1996, you are considered to be 18 at the end of 2013. The
limitation just described applies to you only if you did not have
earned income that was more than half of your support.

Step 1. Use a separate 2013 Form 1116 for the MTFTCE for
each separate category of income specified at the top of Form
1116.
When applying the separate categories of income, use the
applicable AMT rate instead of the regular tax rate to determine
if any income is “high-taxed.”

If you were born on January 1, 1995, you are considered to
be 19 at the end of 2013. The limitation just described applies to
you only if you were a full-time student who did not have earned
income that was more than half of your support.
If you were born on January 1, 1990, you are considered to
be 24 at the end of 2013. The limitation just described does not
apply to you.

Step 2. If you figured your 2013 AMTFTC using the simplified
limitation election, skip Part I and enter on the MTFTCE Form
1116, line 17, the same amount you entered on that line for the
2013 AMT Form 1116. Otherwise, complete Part I using only
taxable income and exclusion items that are attributable to
sources outside the United States. If you had any 2013 foreign
source qualified dividends or foreign source capital gains
(including any foreign source capital gain distributions) or losses,
use the instructions under Step 3 to determine whether you must
make adjustments to those amounts before you include the
amounts on line 1a or line 5 of the MTFTCE Form 1116.

Line 10

If you filed Form 1040NR for 2013 and had a net gain on the
disposition of U.S. real property interests, line 10 cannot be less
than the smaller of that net gain or line 4.

Line 11

If for 2013 you claimed the foreign earned income exclusion,
housing exclusion, or housing deduction on Form 2555 or Form
2555-EZ, you must use the worksheet below to figure the
amount to enter on line 11.

Step 3. Follow the instructions below, if applicable, to determine
the amount of foreign source qualified dividends, capital gain
distributions, and other capital gains and losses to include on
line 1a and line 5 of the MTFTCE Form 1116.
Foreign qualified dividends. You must adjust your foreign
source qualified dividends before you include those amounts on
line 1a of the MTFTCE Form 1116 if:
Line 53 of Form 8801 is smaller than line 54, and

Form 1040NR. If for 2013 you filed Form 1040NR and you
reported capital gain distributions directly on Form 1040NR,
line 14; you reported qualified dividends on Form 1040NR,
line 10b; or you had a gain on both lines 15 and 16 of
Schedule D (Form 1040), complete Part III of Form 8801 and

Keep for Your Records

Foreign Earned Income Tax Worksheet—Line 11
Before you begin:

If Form 8801, line 10, is zero, do not complete this worksheet.

1. Enter the amount from Form 8801, line 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.

2. Enter the amount from your (and your spouse's if filing jointly) 2013 Form 2555, lines 45 and 50, or 2013 Form
2555-EZ, line 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. Add lines 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.

4. Tax on the amount on line 3.
If for 2013 you reported capital gain distributions directly on Form 1040, line 13; or you reported qualified
dividends on Form 1040, line 9b; or you had a gain on both lines 15 and 16 of Schedule D (Form 1040),
enter the amount from line 3 of this worksheet on Form 8801, line 27. Complete the rest of Part III of Form
8801. However, before completing Part III, see Forms 2555 and 2555-EZ, later, to see if you must complete
Part III with certain modifications. Then enter the amount from Form 8801, line 55, here.
All others: If line 3 is $179,500 or less ($89,750 or less if married filing separately for 2013), multiply
line 3 by 26% (.26). Otherwise, multiply line 3 by 28% (.28) and subtract $3,590 ($1,795 if married filing
separately for 2013) from the result.
5. Tax on the amount on line 2. If line 2 is $179,500 or less ($89,750 or less if married filing separately for 2013),
multiply line 2 by 26% (.26). Otherwise, multiply line 2 by 28% (.28) and subtract $3,590 ($1,795 if married filing
separately for 2013) from the result . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. Subtract line 5 from line 4. Enter the result here and on Form 8801, line 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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3.

4.

5.
6.

Instructions for Form 8801 (2014)

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You figured your 2013 tax using the Schedule D Tax
Worksheet in the Schedule D (Form 1040) instructions and (a)
line 18 of that worksheet is zero, (b) line 9 of that worksheet is
zero, or (c) line 43 of that worksheet is equal to or greater than
line 44.
You figured your 2013 tax using the Schedule D Tax
Worksheet in the Schedule D (Form 1041) instructions and (a)
line 17 of that worksheet is zero, (b) line 9 of that worksheet is
zero, or (c) line 42 of that worksheet is equal to or greater than
line 43.
You were not required to make adjustments to your foreign
source qualified dividends under the rules described earlier (or
you would not have been required to make those adjustments if
you had foreign source qualified dividends).
Use Worksheet B if you:
Cannot use Worksheet A,
Had 2013 foreign source capital gains and losses in no more
than two separate categories,
Did not have any item of unrecaptured section 1250 gain or
28% rate gain or loss, and
Did not have any capital gains taxed at a rate of 0% or 20%.
Instructions for Worksheets A and B. When you complete
Worksheet A or Worksheet B, do not use any foreign source
capital gains you elected to include on line 4g of Form 4952. Use
0.5357 instead of 0.3788 to complete lines 11, 13, and 15 of
Worksheet B and to complete lines 8, 11, and 17 of the Line 15
Worksheet for Worksheet B.
If you do not qualify to use Worksheet A or Worksheet B, use
the instructions for Capital Gains and Losses in Pub. 514,
Foreign Tax Credit for Individuals, to determine the adjustments
you make.

Line 32 of Form 8801 is greater than zero.
But you do not need to make any adjustments if:
You qualified for the adjustment exception under Qualified
Dividends and Capital Gain Tax Worksheet (Individuals),
Qualified Dividends Tax Worksheet (Estates and Trusts), or
Adjustments to foreign qualified dividends under Schedule D
Filers, whichever applies, in the Form 1116 instructions when
you completed your regular tax Form 1116 (or you would have
qualified for that adjustment exception if you had completed a
regular tax Form 1116) for 2013, and
Line 32 of Form 8801 is not more than $179,500 ($89,750 if
married filing separately for 2013).
To adjust your foreign source qualified dividends, multiply
your foreign source qualified dividends in each separate
category by 0.5357 (instead of 0.3788) if the foreign source
qualified dividends are taxed at a rate of 15%, and by 0.7143
(instead of 0.05051) if they are taxed at a rate of 20%. If you
have foreign source qualified dividends that are taxed at a rate of
0%, you adjust them by not including them on line 1a of
MTFTCE Form 1116. Include the results on line 1a of the
applicable MTFTCE Form 1116. But do not adjust the amount of
any foreign source qualified dividend you elected to include on
line 4g of Form 4952.
Individuals with capital gain distributions only. If you had
no 2013 capital gains or losses other than capital gain
distributions from box 2a of Form(s) 1099-DIV or substitute
statement(s), you must adjust your foreign source capital gain
distributions before you include those amounts on line 1a of the
MTFTCE Form 1116 if you are required to adjust your foreign
source qualified dividends under the rules just described or you
would be required to adjust your foreign source qualified
dividends if you had any.
To adjust your foreign source capital gain distributions,
multiply your foreign source capital gain distributions in each
separate category by 0.5357 (instead of 0.3788) if the foreign
source capital gain distributions are taxed at a rate of 15%, and
by 0.7143 (instead of 0.5051) if they are taxed at a rate of 20%. If
you have foreign source capital gain distributions that are taxed
at a rate of 0%, you adjust them by not including them on line 1a
of MTFTCE Form 1116. Include the results on line 1a of the
applicable MTFTCE Form 1116. But do not adjust the amount of
any foreign source capital gain distribution you elected to include
on line 4g of Form 4952.
Other capital gains or losses. Use Worksheet A in the
instructions for the 2013 Form 1116 to determine the
adjustments you must make to your foreign source capital gains
or losses if you have foreign source capital gains or losses in no
more than two separate categories and any of the following
apply.
You figured your 2013 tax using the Qualified Dividends and
Capital Gain Tax Worksheet in the Form 1040 instructions and
(a) line 3 of that worksheet minus the amount on line 4e of Form
4952 that you elected to include on line 4g of Form 4952 is zero
or less, (b) line 7 of that worksheet is zero, or (c) line 25 of that
worksheet is equal to or greater than line 26.
You figured your 2013 tax using the Qualified Dividends and
Capital Gain Tax Worksheet in the Form 1040NR instructions
and (a) line 3 of that worksheet is zero, (b) line 5 of that
worksheet is zero, or (c) line 23 of that worksheet is equal to or
greater than line 24.
Line 15 or 16 of your 2013 Schedule D (Form 1040) (column
(2) of line 18a or 19 of Schedule D (Form 1041)) is zero or a loss.
You figured your 2013 tax using Schedule D (Form 1041) and
(a) line 22 of Schedule D minus the amount on line 4e of Form
4952 that you elected to include on line 4g of Form 4952 is zero
or less, (b) line 27 of Schedule D is zero, or (c) line 43 of
Schedule D is equal to or greater than line 44.
Instructions for Form 8801 (2014)

Step 4. Complete lines 9 through 14 of the MTFTCE Form
1116. For line 9, use the same amount you entered on that line
for 2013 for the regular tax. Use your MTFTCE carryover, if any,
on line 10.
Step 5. If you did not figure your 2013 AMTFTC using the
simplified limitation election, complete lines 15 through 17 of the
MTFTCE Form 1116.
Step 6. If you did not complete Part III of Form 8801, enter the
amount from Form 8801, line 4, on line 18 of the MTFTCE Form
1116 and go to Step 7. If you completed Part III of Form 8801,
you must complete, for the MTFTCE, the Worksheet for Line 18
in the Form 1116 instructions to determine the amount to enter
on line 18 of the MTFTCE Form 1116 if:
Line 53 of Form 8801 is smaller than line 54, and
Line 32 of Form 8801 is greater than zero.
But you do not need to complete the Worksheet for Line 18 if:
You qualified for the adjustment exception under Qualified
Dividends and Capital Gain Tax Worksheet (Individuals),
Qualified Dividends Tax Worksheet (Estates and Trusts), or
Adjustments to foreign qualified dividends under Schedule D
Filers, whichever applies, in the Form 1116 instructions when
you completed your regular tax Form 1116 (or you would have
qualified for that adjustment exception if you had completed a
regular tax Form 1116) for 2013, and
Line 32 of Form 8801 is not more than $179,500 ($89,750 if
married filing separately for 2013).
If you do not need to complete the Worksheet for Line 18,
enter the amount from line 4 of Form 8801 on line 18 of the
MTFTCE Form 1116.
Instructions for MTFTCE Worksheet for Line 18. Follow
these steps to complete, for the MTFTCE, the Worksheet for
Line 18 in the Form 1116 instructions.
1. Enter the amount from Form 8801, line 4, on line 1 of the
worksheet.
2. Skip lines 2 and 3 of the worksheet.
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Part III—Tax Computation Using
Maximum Capital Gains Rates

3. Enter the amount from Form 8801, line 51, on line 4 of the
worksheet.
4. Multiply line 4 of the worksheet by 0.1071 (instead of
0.3687). Enter the result on line 5 of the worksheet.
5. Enter the amount from Form 8801, line 48, on line 6 of the
worksheet.
6. Multiply line 6 of the worksheet by 0.2857 (instead of
0.4949). Enter the result on line 7 of the worksheet.
7. Enter the amount from Form 8801, line 45, on line 8 of the
worksheet.
8. Multiply line 8 of the worksheet by 0.4643 (instead of
0.6212). Enter the result on line 9 of the worksheet.
9. Enter the amount from Form 8801, line 38, on line 10 of
the worksheet.
10. Complete lines 11 and 12 of the worksheet as instructed
on the worksheet.

If your 2013 taxable income was zero or less, enter -0- on Form
8801, line 35. You also must take one of the following actions,
whichever applies to you, before completing lines 28, 29, and 30
of Part III.
Complete lines 2 through 6 of the Qualified Dividends and
Capital Gain Tax Worksheet in the 2013 Instructions for Form
1040.
Complete lines 2 through 4 of the Qualified Dividends and
Capital Gain Tax Worksheet in the 2013 Instructions for Form
1040NR.
Complete lines 2 through 13 of the Schedule D Tax
Worksheet in the 2013 Instructions for Schedule D (Form 1040)
or the 2013 Instructions for Schedule D (Form 1041), whichever
applies.
Complete lines 2 through 4 of the Qualified Dividends Tax
Worksheet in the 2013 Instructions for Form 1041.
Complete lines 22 through 26 of the 2013 Schedule D (Form
1041).
To determine which worksheet or form above applies to you, see
the 2013 Instructions for Form 1040, line 44; Form 1040NR,
line 42; or Form 1041, Schedule G, line 1a.

Step 7. Enter the amount from Form 8801, line 11, on the
MTFTCE Form 1116, line 20. Complete lines 19, 21, and 22 of
the MTFTCE Form 1116.
Step 8. Complete Part IV of the first MTFTCE Form 1116 only.
Enter the amount from that MTFTCE Form 1116, line 30, on
Form 8801, line 12.

Lines 28, 29, and 30

Step 9. Keep all Forms 1116 you used to figure your MTFTCE,
but do not attach them to your tax return.
If line 14 of the MTFTCE Form 1116 is greater than line 21 of
the MTFTCE Form 1116, keep a record of the difference. This
amount is carried forward and used to figure your MTFTCE next
year.

Follow the instructions below to figure the amounts to enter on
lines 28, 29, and 30 if, for 2013:
1. You filed Form 1040NR and did not use the Schedule D
Tax Worksheet to figure your tax,
2. You filed Form 1041 and did not use the Schedule D Tax
Worksheet or Part V of Schedule D (Form 1041) to figure your
tax, or
3. You filed Form 2555 or 2555-EZ and have a capital gain
excess (defined later).

Part II—Minimum Tax Credit and
Carryforward to 2015
Line 20

Otherwise, complete lines 28, 29, and 30 following the
instructions for those lines on the form.

Enter any qualified electric vehicle credit not allowed for 2013
solely because of the limitation under section 30(b)(3)(B) (as in
effect prior to the amendment of section 30 by Public Law 111-5,
the American Recovery and Reinvestment Tax Act of 2009).

Form 1040NR. If (1) above applies, enter the amount from
line 4 of the Qualified Dividends and Capital Gain Tax
Worksheet in the 2013 Form 1040NR instructions on Form 8801,
lines 28 and 30; skip Form 8801, line 29; and enter on Form
8801, line 35, the amount from line 5 of that worksheet.

Line 21

If line 21 is zero or less, you do not have a minimum tax credit or
a credit carryforward. Do not complete the rest of this form and
do not file it.

Estates and trusts. If (2) above applies, enter the amount from
line 4 of the Qualified Dividends Tax Worksheet in the 2013
Form 1041 instructions on Form 8801, lines 28 and 30; skip
Form 8801, line 29; and enter on Form 8801, lines 35 and 42,
the amount from line 5 of that worksheet.

Line 22

Follow the instructions below and refer to your 2014 income tax
return to figure the amount to enter on line 22.

Forms 2555 and 2555-EZ. If you filed either of these forms for
2013 and you have a capital gain excess, you must complete
Part III of Form 8801 with certain modifications. To see if you
have a capital gain excess, subtract Form 8801, line 10, from
line 6 of your 2013 Qualified Dividends and Capital Gain Tax
Worksheet (or line 10 of your 2013 Schedule D Tax Worksheet).
If the result is more than zero, that amount is your capital gain
excess.
If you have a capital gain excess, figure the amounts to enter
on lines 28, 29, and 30 of Form 8801 using the following
modifications (only for purposes of Part III of Form 8801).
1. Reduce the amount on line 3 of your 2013 Qualified
Dividends and Capital Gain Tax Worksheet or line 9 of your
2013 Schedule D Tax Worksheet (but not below zero) by your
capital gain excess.
2. Reduce the amount on line 2 of your 2013 Qualified
Dividends and Capital Gain Tax Worksheet or line 6 of your

Form 1040. Add the amounts on lines 44 and 46 of Form 1040.
Subtract from the result the total of any credits on lines 48
through 54 (not including any credit for prior year minimum tax or
any credit claimed on Form 8912). Enter the result. If the result is
zero or less, enter -0-.
Form 1040NR. Add the amounts on lines 42 and 44 of Form
1040NR. Subtract from the result the total of any credits on lines
46 through 51 (not including any credit for prior year minimum
tax or any credit claimed on Form 8912). Enter the result. If the
result is zero or less, enter -0-.
Form 1041, Schedule G. Add the credits on lines 2a and 2b,
plus any write-in credits on line 2e. Subtract the result from the
total of lines 1a and 1b. Enter the result. If the result is zero or
less, enter -0-.

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Instructions for Form 8801 (2014)

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Form 1040, line 43; if less than zero, enter -0-. If you did not
complete either 2013 worksheet and you filed a 2013 Form 2555
or Form 2555-EZ, enter the amount from line 3 of the Foreign
Earned Income Tax Worksheet in the 2013 Form 1040
instructions.

2013 Schedule D Tax Worksheet (but not below zero) by any of
your capital gain excess not used in (1).
3. Reduce the amount on your 2013 Schedule D (Form
1040), line 18, (but not below zero) by your capital gain excess.
4. Include your capital gain excess as a loss on line 16 of
your 2013 Unrecaptured Section 1250 Gain Worksheet in the
2013 Instructions for Schedule D (Form 1040).

Form 1040NR. If you filed a 2013 Form 1040NR, enter the
amount from line 5 of your 2013 Qualified Dividends and Capital
Gain Tax Worksheet in the Instructions for Form 1040NR,
line 42, or the amount from line 19 of the 2013 Schedule D Tax
Worksheet in the instructions for Schedule D (Form 1040),
whichever applies. If you did not complete either 2013
worksheet, enter the amount from your 2013 Form 1040NR,
line 41; if zero or less, enter -0-.

Also see the instructions for line 35.

Line 33

If for 2013 you filed Form 1040NR and Form 8801, line 32, is
$179,500 or less ($89,750 or less if you checked filing status
box 3, 4, or 5 on Form 1040NR for 2013), multiply line 32 by
26% (.26). Otherwise, multiply line 32 by 28% (.28) and subtract
$3,590 ($1,795 if you checked filing status box 3, 4, or 5 on
Form 1040NR for 2013) from the result.

Line 54

If for 2013 you filed Form 1040NR and Form 8801, line 27, is
$179,500 or less ($89,750 or less if you checked filing status
box 3, 4, or 5 on Form 1040NR for 2013), multiply line 27 by
26% (.26). Otherwise, multiply line 27 by 28% (.28) and subtract
$3,590 ($1,795 if you checked filing status box 3, 4, or 5 on
Form 1040NR for 2013) from the result.

Line 34

If for 2013 you filed Form 1040NR, enter $36,250 ($72,500 if
you checked filing status box 6 on Form 1040NR for 2013).

Line 35

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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.

If for 2013 you filed Form 1040NR, enter on Form 8801, line 35,
the amount from line 5 of your 2013 Qualified Dividends and
Capital Gain Tax Worksheet in the Instructions for Form
1040NR, line 42, or the amount from line 14 of your 2013
Schedule D Tax Worksheet in the 2013 Instructions for
Schedule D (Form 1040), whichever applies. If you did not
complete either worksheet, enter the amount from Form
1040NR, line 41; if zero or less, enter -0-.

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.

Forms 2555 and 2555–EZ If you filed either of these forms for
2013 and you did not complete either the Qualified Dividends
and Capital Gain Tax Worksheet or the Schedule D Tax
Worksheet, enter the amount from line 3 of the Foreign Earned
Income Tax Worksheet in the Form 1040 instructions.

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.

Line 40
If for 2013 you filed Form 1040NR, use the following chart to
figure the amount to enter on line 40.
IF you checked filing status box...

THEN enter on line 40...

1 or 2

$400,000

3, 4, or 5

$225,000

6

$450,000

Recordkeeping . . . . . . . . . . . . . . . . . .
Learning about the law or the form . . .
Preparing the form . . . . . . . . . . . . . . .
Copying, assembling, and sending the
form to the IRS . . . . . . . . . . . . . . . .

Line 42

48 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.

Follow the instructions below to figure the amount to enter on
line 42.
Form 1040. If you did not complete the 2013 Qualified
Dividends and Capital Gain Tax Worksheet or the 2013
Schedule D Tax Worksheet, enter the amount from your 2013

Instructions for Form 8801 (2014)

2 hrs., 4 min.
2 hrs., 19 min.
2 hrs., 3 min.

-5-