5735 Schedule P Allocation of Income and Expenses Under Sec. 936(h)(5)

SCHEDULE P
(Form 5735)
(Rev. October 2000)

Allocation of Income and Expenses
Under Section 936(h)(5)

Department of the Treasury
Internal Revenue Service

䊳

OMB No. 1545-0217

Attach to Form 5735

Attach a separate Schedule P for each product to which the cost sharing or profit split method under section 936(h)(5) applies.
Name as shown on Form 5735

Employer identification number

Identify the product reported on this schedule. (See Regulations section 1.936-5(a).)

Part I
1
2
3
4
5
6
7

䊳

All Taxpayers Must Complete Part I (See instructions.)

Product area research
Sales of the possession product
Sales of all products in the product area
Cost sharing fraction (divide line 2 by line 3)
Gross cost sharing amount (multiply line 1 by line 4)
Reductions
Net cost sharing amount (subtract line 6 from line 5). If the cost sharing method applies, also include
on line 8a, Part II, Form 5735 and on line 26, page 1, Form 1120 of the possessions corporation

Part II

7

Complete for Profit Split Method Only (See instructions.)

Combined taxable income from the possession product:
1 Combined gross receipts
2 Combined cost of goods sold:
a Inventory at beginning of year
b Merchandise bought for manufacture
c Salaries and wages allocable or apportionable to the product
d Other costs (attach schedule)
e Total (add lines 2a through 2d)
f Inventory at end of year
g Cost of goods sold (subtract line 2f from line 2e)
3 Combined gross income (subtract line 2g from line 1)
4 Other combined expenses allocable or apportionable to the product:
a Marketing
4b
b Floor on research and experimental deduction (see instructions)
4c
c Research and experimental expenses
d Enter the greater of line 4b or 4c
e Other deductions (attach schedule)
f Total (add lines 4a, 4d, and 4e)
5 Combined taxable income (subtract line 4f from line 3)
6 Possessions corporation’s gross income from the product (50% of line 3). Enter here and include
in column (f), Part I, Form 5735, and on line 6a, Part II, Form 5735
7 Possessions corporation’s applicable deductions (50% of line 4f). Enter here and include on line 8b,
Part II, Form 5735
8 Possessions corporation’s taxable income from the product (50% of line 5). Enter here and include
on line 10, page 1, Form 1120, of the possessions corporation

Part III

1
2
3
4
5
6

1
2a
2b
2c
2d
2e
2f
2g
3
4a

4d
4e
4f
5
6
7
8

Complete for Profit Split Method Only (See instructions.)

1
2
3
4

Adjustment to research deduction. Enter line 4b minus line 4c of Part II. Do not enter less than zero
Enter the amount from line 5, Part II
Enter the amount from line 8, Part II
Combined taxable income (line 1 plus line 2 minus line 3). Allocate to U.S. affiliates on schedule
below
Schedule of affiliates’ shares of combined taxable income reported on line 4 of Part III
(a)
Name of affiliate

For Paperwork Reduction Act Notice, see page 2.

(b)
Identifying number

Cat. No. 61167O

Schedule P

1
2
3
4
(c)
Amount of share.

Enter here and include on line 10,
page 1, Form 1120 of the appropriate
affiliate.

(Form 5735)

(Rev. 10-2000)

Schedule P (Form 5735) (Rev. 10-2000)

Part IV

Page

2

Complete for Cost Sharing Method Only (See instructions.)

Schedule of affiliates’ shares of cost sharing amount and marketing intangible income
(a)
Name of affiliate

(b)
Identifying number

General Instructions
Section references are to the Internal Revenue Code, unless
otherwise noted.
Purpose of Schedule. Schedule P must be attached to Form 5735
by a possessions corporation that has elected to use either the cost
sharing method or the profit split method of computing taxable
income under section 936(h)(5).
A separate Schedule P must be filed for each product to which
the cost sharing method or profit split method under section
936(h)(5) applies. If the corporation has elected a different method
for export sales than for domestic sales of the possession product,
two Schedules P must be filed for that product. Complete Parts I, II,
and III if the profit split method applies to the product. Complete
Parts I and IV if the cost sharing method applies to the product.
Form 5712-A. A possessions corporation must establish that it has a
significant business presence in a possession with respect to a
product before it can use the cost sharing or profit split method of
computing taxable income for that product. The possessions
corporation must complete Form 5712-A, Election and Verification of
the Cost Sharing or Profit Split Method Under Section 936(h)(5), and
attach it to Schedule P (Form 5735) for each product for which the
cost sharing or profit split method is elected.

Specific Instructions
Part I
Line 1. Enter the total product area research expenditures incurred
by the possessions corporation and all other members, including
foreign persons, of the affiliated group within the meaning of section
482. Product area research includes expenditures deductible under
section 174; qualified research expenses within the meaning of
section 41(b); and certain other expenditures. See Regulations
section 1.936-6(a)(1).
Line 2. Enter the affiliated group’s total sales or other dispositions of
the possession product to persons who are not members of the
affiliated group. See Regulations section 1.936-6(a)(2).
Line 3. Enter the affiliated group’s total sales or other dispositions of
all products in the same product area as the possession product to
persons who are not members of the affiliated group.
Line 6. Enter the total product area research expenditures paid or
accrued solely by the possessions corporation. However, do not
include amounts paid or accrued to or on behalf of related persons
and amounts paid or accrued under any cost sharing arrangement
with a related person.

Part II
Use Part II to compute the combined taxable income of the
possessions corporation and its U.S. affiliates derived from
the possession product. To figure combined taxable income
when the possession product is a component or end-product form,
see Regulations section 1.936-6(b)(1), Q & A 10 through Q & A 13.
Line 1. Enter the combined gross receipts from the sale or other
disposition of the possession product by the possessions
corporation and its U.S. affiliates to unrelated persons or foreign
affiliates.
Line 2. Enter the sum of the costs of goods sold of the possessions
corporation and of its U.S. affiliates that are attributable to the
possession product.

(c)
Share of cost sharing amount.
Enter here and reduce line 26,
page 1, Form 1120, of the
appropriate affiliate by this amount.

(d)
Share of marketing intangible
income.
Enter here and include on line 10,
page 1, Form 1120, of the
appropriate affiliate.

Line 4b. Subtract any royalties paid under section 367(d) or section
482 from line 5, Part I. Multiply the result by 120% and enter on
line 4b.
Line 8. Since the amount on line 8 is a net amount, do not adjust
any gross receipts (line 1, page 1, Form 1120), any cost of goods
sold (line 2, page 1, Form 1120), or any other deduction (lines 12
through 26, page 1, Form 1120). If, however, the specific
identification of any of these items is needed for other computations
(such as the foreign tax credit), the corporation should make the
necessary identification.

Part III
Line 4. Allocate the amount on this line to the members of the
affiliated group in accordance with Regulations section 1.9366(b)(1).
Column (c). The total of column (c) should equal the amount entered
on line 4, Part III. Since these are net amounts, do not adjust any
gross receipts (line 1, page 1, Form 1120), any cost of goods sold
(line 2, page 1, Form 1120), or any other deduction (lines 12 through
26, page 1, Form 1120). If, however, the specific identification of any
of these items is needed for other computations (such as the foreign
tax credit), the necessary identification should be made.

Part IV
Column (c). To compute the cost sharing amount that the affiliates
of the possessions corporation must include in income, multiply the
amount on line 7, Part I, by 110%. Allocate the result among the
affiliates in accordance with Regulations section 1.936-6(a)(5) and
enter the amounts in column (c), Part IV. The cost sharing amount
for certain intangibles cannot be less than the amount of a royalty
paid to an unrelated person under the rules of section 367(d) or
section 482.
Column (d). Enter the share of marketing intangible income
allocated to each of the members of the affiliated group in
accordance with Regulations section 1.936-6(a)(5).

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 average time is:
Recordkeeping
9 hr., 48 min.
Learning about the law or the form
1 hr., 27 min.
Preparing the form
2 hr., 36 min.
Copying, assembling, and sending
16 min.
the form to the IRS
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.