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

2017

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 IRS.gov/Form8801.

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 2018.

Who Should File

Complete Form 8801 if you are an individual, estate, or trust that
for 2016 had:
An AMT liability and adjustments or preferences other than
exclusion items,
A credit carryforward to 2017 (on 2016 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 a separate tax that is imposed in addition to your
regular tax. It is caused by two types of adjustments and
preferences—deferral items and exclusion items. Deferral items
(for example, depreciation) generally don't 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
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 2016
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, don't 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
Oct 26, 2017

Note. If you complete Parts I and II of a 2016 Form 1041,
Schedule I, as a worksheet to figure the amount to enter on 2017
Form 8801, line 4, don't attach that worksheet Schedule I to
your tax return. Instead, keep it for your records.

Line 2

General Instructions

Line 1—Estates and Trusts

8801, line 4, the amount from Schedule I, line 29, adjusted for
exclusion items that were allocated to the beneficiary.

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. Don't 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 2016 Form 6251. Don't include any
amount from line 15 of the 2016 Form 6251. Instead, include the
exclusion item amount from the Schedule(s) K-1 (Form 1041)
you received for 2016. That amount is shown in box 12 with
code J. If you included on line 27 of the 2016 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 MTCNOLD is the total of the minimum tax credit net
operating loss (MTCNOL) carryovers and carrybacks to 2016.
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 2016, 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 2016 and
line 4 is more than $247,450, you must include an additional
amount on line 4. If line 4 is $415,050 or more, include an

Cat. No. 10600C

Line 11

additional $41,900 on line 4. Otherwise, include 25% of the
excess of the amount on line 4 over $247,450. For example, if
the amount on line 4 is $267,450, enter $272,450 instead—the
additional $5,000 is 25% of $20,000 ($267,450 minus
$247,450).

If for 2016 you claimed the foreign earned income exclusion,
housing exclusion, or housing deduction on Form 2555 or Form
2555-EZ, you must use the Foreign Earned Income Tax
Worksheet in these instructions to figure the amount to enter on
line 11.

Line 9

Form 1040NR. If for 2016 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
enter the amount from line 55 on line 11. All others, don't
complete Part III. Instead, if Form 8801, line 10, is $186,300 or
less ($93,150 or less if you checked filing status box 3, 4, or 5 on
Form 1040NR for 2016), figure the amount to enter on line 11 by
multiplying line 10 by 26% (0.26). Otherwise, figure the amount
to enter on line 11 by multiplying line 10 by 28% (0.28) and
subtracting $3,726 ($1,863 if you checked filing status box 3, 4,
or 5 for 2016) from the result.

Don't enter more than the sum of your 2016 earned income plus
$7,400 if you didn't file a joint return for 2016, at least one of your
parents was alive at the end of 2016, and one of the following
statements is true.
1. You were under age 18 at the end of 2016.
2. You were age 18 at the end of 2016 and didn't have
earned income that was more than half of your support.
3. You were a full-time student at least age 19 but under age
24 at the end of 2016 and didn't have earned income that was
more than half of your support.
Certain January 1 birthdays. If you were born on January 1,
1999, you are considered to be 18 at the end of 2016. The
limitation just described applies to you only if you didn't have
earned income that was more than half of your support.
If you were born on January 1, 1998, you are considered to
be 19 at the end of 2016. The limitation just described applies to
you only if you were a full-time student who didn't have earned
income that was more than half of your support.
If you were born on January 1, 1993, you are considered to
be 24 at the end of 2016. The limitation just described doesn't
apply to you.

Line 12
Figuring the MTFTCE. If you made an election to claim the
foreign tax credit on your 2016 Form 1040 (or Form 1040NR)
without filing Form 1116, your minimum tax foreign tax credit on
exclusion items (MTFTCE) is the same as the foreign tax credit
on your 2016 Form 1040, line 48 (or Form 1040NR, line 46).
Enter that amount on Form 8801, line 12. Otherwise, your
MTFTCE is your 2016 AMT foreign tax credit (AMTFTC)
refigured using only exclusion items. Figure your MTFTCE as
follows.

Line 10

Step 1. Separate your foreign source income into categories.
See your 2016 Instructions for Form 1116 for information about
categories of income. Complete a separate 2016 Form 1116 for
the MTFTCE for each separate category of income specified
above Part I of each Form 1116 you filed for 2016. Write
“MTFTCE” at the top margin of each 2016 Form 1116 that you

If you filed Form 1040NR for 2016 and had a net gain on the
disposition of U.S. real property interests, line 10 can't be less
than the smaller of that net gain or line 4.

Keep for Your Records

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

If Form 8801, line 10, is zero, don't complete this worksheet.

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

1.

2a. Enter the amount from your (and your spouse's if filing jointly) 2016 Form 2555, lines 45
and 50, or 2016 Form 2555-EZ, line 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2a.
b. Enter the total amount of any itemized deductions or exclusions you couldn't claim
because they are related to excluded income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2b.
c. Subtract line 2b from line 2a. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2c.

3. Add lines 1 and 2c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.

4. Tax on the amount on line 3.
If for 2016 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 $186,300 or less ($93,150 or less if married filing separately for
2016), multiply line 3 by 26% (0.26). Otherwise, multiply line 3 by 28% (0.28) and subtract
$3,726 ($1,863 if married filing separately for 2016) from the result.
5. Tax on the amount on line 2c. If line 2c is $186,300 or less ($93,150 or less if married filing
separately for 2016), multiply line 2c by 26% (0.26). Otherwise, multiply line 2c by 28% (0.28) and
subtract $3,726 ($1,863 if married filing separately for 2016) from the result . . . . . . . . . . . . . . . .
6. Subtract line 5 from line 4. Enter the result here and on Form 8801, line 11 . . . . . . . . . . . . . . . . .

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4.

5.
6.

Instructions for Form 8801 (2017)

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%.
Include the results on line 1a of the applicable MTFTCE Form
1116.
You adjust your foreign source capital gain distributions taxed
at a rate of 0% by not including them on line 1a of MTFTCE
Form 1116.
For individuals, the amounts taxed at the 0% rate are on
line 11 of the Qualified Dividends and Capital Gain Tax
Worksheet in the 2016 Form 1040 instructions, line 9 of the
Qualified Dividends and Capital Gain Tax Worksheet in the 2016
Form 1040NR instructions, or line 20 of the Schedule D Tax
Worksheet in the 2016 Schedule D (Form 1040) instructions.
For estate and trusts, the amounts taxed at the 0% tax rate
are found on line 19 of the Schedule D Tax Worksheet in the
2016 Schedule D (Form 1041) instructions, or line 8 of the
Qualified Dividends Tax Worksheet in the 2016 Form 1041
instructions, whichever applies.

complete to figure your MTFTCE. You will use these MTFTCE
Forms 1116 to figure the MTFTCE amount to enter on line 12 of
Form 8801.
Figuring high-taxed income. 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.”
Step 2. Complete Part I of each MTFTCE Form 1116 using only
taxable income and exclusion items that are attributable to
sources outside the United States. See Foreign source qualified
dividends and capital gains (losses) below for possible
adjustments.
Simplified limitation election. If you figured your 2016
AMTFTC using the simplified limitation election, skip Part I and
go to Step 3, Simplified limitation election.
Foreign source qualified dividends and capital gains (losses). If you had any 2016 foreign source qualified dividends or
foreign source capital gains (including any foreign source capital
gain distributions) or losses, use the following instructions 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.
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
Line 32 of Form 8801 is greater than zero.
But you don't 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 Instructions for Form 1116 when
you completed your regular tax Form 1116 (or you would've
qualified for that adjustment exception if you had completed a
regular tax Form 1116) for 2016; and
Line 32 of Form 8801 isn't more than $186,300 ($93,150 if
married filing separately for 2016 or if you checked filing status
box 3, 4, or 5 on Form 1040NR for 2016).
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 0.5051) if they are taxed at a rate of 20%. Include the
results on line 1a of the applicable MTFTCE Form 1116.
You adjust your foreign source qualified dividends taxed at a
rate of 0% by not including them on line 1a of MTFTCE Form
1116.
For individuals, the amounts taxed at the 0% rate are on
line 11 of the Qualified Dividends and Capital Gain Tax
Worksheet in the 2016 Form 1040 instructions, line 9 of the
Qualified Dividends and Capital Gain Tax Worksheet in the 2016
Form 1040NR instructions, or line 20 of the Schedule D Tax
Worksheet in the 2016 Schedule D (Form 1040) instructions.
For estate and trusts, the amounts taxed at the 0% tax rate
are found on line 19 of the Schedule D Tax Worksheet in the
2016 Schedule D (Form 1041) instructions, or line 8 of the
Qualified Dividends Tax Worksheet in the 2016 Form 1041
instructions, whichever applies.

!

!

CAUTION

Other capital gains or losses. Use Worksheet A in the
instructions for the 2016 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 weren't required to make adjustments to your foreign
source qualified dividends under the rules described earlier (or
you wouldn't have been required to make those adjustments if
you had foreign source qualified dividends).
Line 15 or 16 of your 2016 Schedule D (Form 1040) (column
(2) of line 18a or 19 of Schedule D (Form 1041)) is zero or a loss.
You figured your 2016 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 2016 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.
You figured your 2016 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 2016 tax using Schedule D (Form 1041) and
(a) line 27 of Schedule D is zero, (b) 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, or (c) line 43 of
Schedule D is equal to or greater than line 44.
You figured your 2016 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.
Use Worksheet B in the 2016 Form 1116 instructions if you:

Don’t adjust the amount of any foreign source qualified
dividend you elected to include on line 4g of Form 4952.

CAUTION

Individuals with capital gain distributions only. If you had
no 2016 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
Instructions for Form 8801 (2017)

Don’t adjust the amount of any foreign source capital
gain distribution you elected to include on line 4g of
Form 4952.

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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.
11. Enter the amount from your MTFTCE Worksheet for
Line 18 on your MTFTCE Form 1116, line 18.

Can't use Worksheet A,
Had 2016 foreign source capital gains and losses in no more
than two separate categories,
Didn't have any item of unrecaptured section 1250 gain or
28% rate gain or loss, and
Didn't 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, don't 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 don't 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. Also see the 2017 Instructions for Form 6251 for
information on rate substitutions that would apply when
determining those adjustments.

Step 5. 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 6. 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.
Note. Keep all Forms 1116 you used to figure your MTFTCE,
but don't 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.

Step 3. Complete lines 9 through 17 of the MTFTCE Form
1116. For line 9, use the same amount you entered on that line
for 2016 for the regular tax. Use your MTFTCE carryover, if any,
on line 10.
Simplified limitation election. If you figured your 2016
AMTFTC using the simplified limitation election, complete lines 9
through 14 of the MTFTCE Form 1116. For line 9, use the same
amount you entered on that line for 2016 for the regular tax. Use
your MTFTCE carryover, if any, on line 10. Enter on line 17 the
same amount you entered on that line for the 2016 AMT Form
1116.

Part II—Minimum Tax Credit and
Carryforward to 2018
Line 20

Enter any qualified electric vehicle credit not allowed for 2016
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).

Step 4. Enter the amount from Form 8801, line 4, on line 18 of
the MTFTCE Form 1116 and go to Step 5 unless you must
complete an MTFTCE Worksheet for Line 18. In most cases, you
must complete an MTFTCE Worksheet for Line 18 if you
completed Part III of Form 8801 and:
Line 53 of Form 8801 is smaller than line 54, and
Line 32 of Form 8801 is greater than zero.
But even if you meet the requirements above, you don't need
to complete an MTFTCE 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 Instructions for Form 1116 when
you completed your regular tax Form 1116 (or you would've
qualified for that adjustment exception if you had completed a
regular tax Form 1116) for 2016; and
Line 32 of Form 8801 isn't more than $186,300 ($93,150 if
married filing separately for 2016 or if you checked filing status
box 3, 4, or 5 on Form 1040NR for 2016).
Instructions for MTFTCE Worksheet for Line 18. If you
must complete an MTFTCE Worksheet for Line 18 for your
MTFTCE Form 1116, you will use the Worksheet for Line 18 in
the Instructions for Form 1116 and do the following.
1. Enter the amount from Form 8801, line 4, on line 1 of the
worksheet.
2. Skip lines 2 and 3 of the worksheet.
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.

Line 21

If line 21 is zero or less, you don't have a minimum tax credit or a
credit carryforward. Don't complete the rest of this form and don't
file it.

Line 22

Follow the instructions below and refer to your 2017 income tax
return to figure the amount to enter on line 22.
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-.

Part III—Tax Computation Using
Maximum Capital Gains Rates

If your 2016 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 2016 Instructions for Form
1040.
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Instructions for Form 8801 (2017)

Line 33

Complete lines 2 through 4 of the Qualified Dividends and
Capital Gain Tax Worksheet in the 2016 Instructions for Form
1040NR.
Complete lines 2 through 13 of the Schedule D Tax
Worksheet in the 2016 Instructions for Schedule D (Form 1040)
or the 2016 Instructions for Schedule D (Form 1041), whichever
applies.
Complete lines 2 through 4 of the Qualified Dividends Tax
Worksheet in the 2016 Instructions for Form 1041.
Complete lines 22 through 26 of the 2016 Schedule D (Form
1041).
To determine which worksheet or form above applies to you, see
the 2016 Instructions for Form 1040, line 44; Form 1040NR,
line 42; or Form 1041, Schedule G, line 1a.

If for 2016 you filed Form 1040NR and Form 8801, line 32, is
$186,300 or less ($93,150 or less if you checked filing status
box 3, 4, or 5 on Form 1040NR for 2016), multiply line 32 by
26% (0.26). Otherwise, multiply line 32 by 28% (0.28) and
subtract $3,726 ($1,863 if you checked filing status box 3, 4, or 5
on Form 1040NR for 2016) from the result.

Line 34

If for 2016 you filed Form 1040NR, enter $37,650 ($75,300 if
you checked filing status box 6 on Form 1040NR for 2016).

Line 35

If for 2016 you filed Form 1040NR, enter on Form 8801, line 35,
the amount from line 5 of your 2016 Qualified Dividends and
Capital Gain Tax Worksheet in the instructions for Form
1040NR, line 42, or the amount from line 14 of your 2016
Schedule D Tax Worksheet in the 2016 Instructions for
Schedule D (Form 1040), whichever applies. If you didn't
complete either worksheet, enter the amount from Form
1040NR, line 41; if zero or less, enter -0-.

Lines 28, 29, and 30

Follow the instructions below to figure the amounts to enter on
lines 28, 29, and 30 if, for 2016:
1. You filed Form 1040NR and didn't use the Schedule D
Tax Worksheet to figure your tax,
2. You filed Form 1041 and didn't 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 an AMT capital
gain excess (defined later).

Forms 2555 and 2555-EZ. If you filed either of these forms for
2016, the amount you enter on line 35 will take into account your
regular tax capital gain excess, if any, for 2016.
If you filed Form 2555 or Form 2555-EZ for 2016 and you
didn't complete either the Qualified Dividends and Capital Gain
Tax Worksheet or the Schedule D Tax Worksheet for the regular
tax, enter the amount from line 3 of the Foreign Earned Income
Tax Worksheet in the Form 1040 instructions (as figured for the
regular tax).
For information on regular tax capital gain excess and AMT
capital gain excess (if you filed Form 2555 or Form 2555-EZ),
see Line 44 in the 2017 Instructions for Form 6251.

Otherwise, complete lines 28, 29, and 30 following the
instructions for those lines on the form.
Form 1040NR. If (1) above applies, enter the amount from
line 4 of the Qualified Dividends and Capital Gain Tax
Worksheet in the 2016 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.
Estates and trusts. If (2) above applies, enter the amount from
line 4 of the Qualified Dividends Tax Worksheet in the 2016
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 40

If for 2016 you filed Form 1040NR, use the following chart to
figure the amount to enter on line 40.
IF you checked filing status box...

Forms 2555 and 2555-EZ. If you filed either of these forms for
2016 and you have an AMT capital gain excess, you must
complete Part III of Form 8801 with certain modifications. To see
if you have an AMT capital gain excess, subtract Form 8801,
line 10, from line 6 of your 2016 Qualified Dividends and Capital
Gain Tax Worksheet or line 10 of your 2016 Schedule D Tax
Worksheet, whichever applies. If the result is more than zero,
that amount is your AMT capital gain excess.
If you have an AMT 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 2016 Qualified
Dividends and Capital Gain Tax Worksheet or line 9 of your
2016 Schedule D Tax Worksheet (but not below zero) by your
AMT capital gain excess.
2. Reduce the amount on line 2 of your 2016 Qualified
Dividends and Capital Gain Tax Worksheet or line 6 of your
2016 Schedule D Tax Worksheet (but not below zero) by any of
your AMT capital gain excess not used in (1).
3. Reduce the amount on your 2016 Schedule D (Form
1040), line 18, (but not below zero) by your AMT capital gain
excess.
4. Include your AMT capital gain excess as a loss on line 16
of your 2016 Unrecaptured Section 1250 Gain Worksheet in the
2016 Instructions for Schedule D (Form 1040).

1 or 2 $

415,050

3, 4, or 5 $

233,475

6 $

466,950

Line 42

Follow the instructions below to figure the amount to enter on
line 42.
Form 1040. If you didn't complete the 2016 Qualified Dividends
and Capital Gain Tax Worksheet or the 2016 Schedule D Tax
Worksheet, enter the amount from your 2016 Form 1040,
line 43; if less than zero, enter -0-. If you didn't complete either
2016 worksheet and you filed a 2016 Form 2555 or Form
2555-EZ, enter the amount from line 3 of the Foreign Earned
Income Tax Worksheet in the 2016 Form 1040 instructions.
Form 1040NR. If you filed a 2016 Form 1040NR, enter the
amount from line 5 of your 2016 Qualified Dividends and Capital
Gain Tax Worksheet in the instructions for Form 1040NR,
line 42, or the amount from line 19 of the 2016 Schedule D Tax
Worksheet in the Instructions for Schedule D (Form 1040),
whichever applies. If you didn't complete either 2016 worksheet,
enter the amount from your 2016 Form 1040NR, line 41; if zero
or less, enter -0-.

Also see the instructions for line 35.

Instructions for Form 8801 (2017)

THEN enter on line 40...

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Line 54

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.

If for 2016 you filed Form 1040NR and Form 8801, line 27, is
$186,300 or less ($93,150 or less if you checked filing status
box 3, 4, or 5 on Form 1040NR for 2016), multiply line 27 by
26% (0.26). Otherwise, multiply line 27 by 28% (0.28) and
subtract $3,726 ($1,863 if you checked filing status box 3, 4, or 5
on Form 1040NR for 2016) from the result.

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

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

2 hrs., 4 min.
2 hrs., 13 min.
1 hr., 57 min.
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.

-6-

Instructions for Form 8801 (2017)