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2023

Instructions for Form 8801

Department of the Treasury
Internal Revenue Service

Credit for Prior Year Minimum Tax—Individuals, Estates, and Trusts

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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.

General Instructions

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 2024.

Who Should File

Complete Form 8801 if you are an individual, estate, or trust that
for 2022 had:
• An AMT liability and adjustments or preferences other than
exclusion items,
• A credit carryforward to 2023 (on 2022 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. If you are
filing on behalf of an estate or trust, 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 2022 Form 1041, Schedule I,
as a worksheet. After completing lines 1 and 6 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, 3, 4, 5, 7,
and 8, and any other adjustments related to exclusion items
included on line 21 of Schedule I). On line 22 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 21 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 33 and 34 without taking into account
any basis adjustments arising from deferral items. If the amount
on Schedule I, line 27, is zero or less, enter -0- on Form 8801,
Jun 13, 2023

Note. If you complete Parts I and II of a 2022 Form 1041,
Schedule I, as a worksheet to figure the amount to enter on 2023
Form 8801, line 4, don't attach that worksheet Schedule I to
your tax return. Instead, keep it for your records.

Line 2

Purpose of Form

Line 1—Estates and Trusts

line 4. Otherwise, enter on Form 8801, line 4, the amount from
Schedule I, line 27, adjusted for exclusion items that were
allocated to the beneficiary.

Enter on this line the adjustments and preferences treated as
exclusion items. Exclusion items are only the following AMT
adjustments and preferences: certain itemized deductions
(including any investment interest expense reported on
Schedule E), certain tax-exempt interest, depletion, the section
1202 exclusion, the standard deduction, and any other
adjustments related to exclusion items. If you didn’t file a
Schedule A in 2022, include your 2022 standard deduction.
Combine lines 2a, 2b, 2c, 2d, 2g, and 2h of your 2022 Form
6251. Don't include any amount from line 2j of the 2022 Form
6251. Instead, include the exclusion item amount from the
Schedule(s) K-1 (Form 1041) you received for 2022. That
amount is shown in box 12 with code J. If you included on line 3
of the 2022 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 2m (passive activities)
instead of on line 2d (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 2022. Your
MTCNOL is figured as follows.
Your MTCNOL is the excess of the deductions allowed when
computing alternative minimum taxable income (AMTI) for 2022
(excluding the MTCNOLD) over the income used to figure AMTI
taking into account only exclusion items for both. 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 2022, apply sections 172(b)(2) and 172(d)
with appropriate modifications to take into account only
exclusion items.

Cat. No. 10600C

Line 4

of each 2022 Form 1116. 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.”

If your filing status was married filing separately for 2022 and
line 4 is more than $776,100, you must include an additional
amount on line 4. If line 4 is $1,012,300 or more, include an
additional $59,050 on line 4. Otherwise, include 25% of the
excess of the amount on line 4 over $776,100. For example, if
the amount on line 4 is $796,100, enter $801,100 instead—the
additional $5,000 is 25% of $20,000 ($796,100 minus
$776,100).

Line 10

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 2022
AMTFTC using the simplified limitation election, skip Part I and
go to Step 3, Simplified limitation election.

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If you filed Form 1040-NR for 2022 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.

Line 11

Foreign source qualified dividends and capital gains (losses). If you had any 2022 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 2022; and
• Line 32 of Form 8801 isn't more than $206,100 ($103,050 if
married filing separately for 2022).

If for 2022 you claimed the foreign earned income exclusion,
housing exclusion, or housing deduction on Form 2555, you
must use the Foreign Earned Income Tax Worksheet in these
instructions to figure the amount to enter on line 11.

Line 12

Figuring the minimum tax foreign tax credit on exclusion
items (MTFTCE). If you made an election to claim the foreign
tax credit on your 2022 Form 1040, 1040-SR, or 1040-NR
without filing Form 1116, your MTFTCE is the same as the
foreign tax credit on your 2022 Schedule 3 (Form 1040), line 1.
Enter that amount on Form 8801, line 12. Otherwise, your
MTFTCE is your 2022 AMT foreign tax credit (AMTFTC)
refigured using only exclusion items. Figure your MTFTCE as
follows.

Step 1. Separate your foreign source income into categories.
See the 2022 Instructions for Form 1116 for information about
categories of income. Complete a separate 2022 Form 1116 for
the MTFTCE for each separate category of income. Write
“MTFTCE” and specify the category of income in the top margin

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) 2022 Form 2555, lines 45
and 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2a.
b. Enter the total amount of any itemized deductions or exclusion items 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 2022 you reported capital gain distributions directly on Form 1040 or 1040-SR,
line 7; or you reported qualified dividends on Form 1040 or 1040-SR, line 3a; 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 Form 2555, 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 $206,100 or less ($103,050 or less if married filing separately for
2022), multiply line 3 by 26% (0.26). Otherwise, multiply line 3 by 28% (0.28) and subtract
$4,122 ($2,061 if married filing separately for 2022) from the result.
5. Tax on the amount on line 2c. If line 2c is $206,100 or less ($103,050 or less if married filing
separately for 2022), multiply line 2c by 26% (0.26). Otherwise, multiply line 2c by 28% (0.28) and
subtract $4,122 ($2,061 if married filing separately for 2022) from the result . . . . . . . . . . . . . . . .
6. Subtract line 5 from line 4. Enter the result here and on Form 8801, line 11 . . . . . . . . . . . . . . . . .

-2-

4.

5.
6.

Instructions for Form 8801 (2023)

worksheet is zero, or (c) line 23 of that worksheet is equal to or
greater than line 24.
• You figured your 2022 tax using the Schedule D Tax
Worksheet in the Instructions for Schedule D (Form 1040) and
(a) line 18 of that worksheet is zero, (b) line 9 of that worksheet is
zero or less, or (c) line 45 of that worksheet is equal to or greater
than line 46.
• You figured your 2022 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 2022 tax using the Schedule D Tax
Worksheet in the Instructions for Schedule D (Form 1041) and
(a) line 17a of that worksheet is zero, (b) line 9 of that worksheet
is zero or less, or (c) line 42 of that worksheet is equal to or
greater than line 43.
Use Worksheet B in the 2022 Instructions for Form 1116 if
you:
• Can't use Worksheet A,
• Had 2022 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 0.4054 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 2022 Instructions for Form 6251 for
information on rate substitutions that would apply when
determining those adjustments.

To adjust your foreign source qualified dividends, multiply
your foreign source qualified dividends in each separate
category by 0.5357 (instead of 0.4054) if the foreign source
qualified dividends are taxed at a rate of 15%, and by 0.7143
(instead of 0.5405) 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 9
of the Qualified Dividends and Capital Gain Tax Worksheet in the
2022 Instructions for Form 1040 or line 22 of the Schedule D Tax
Worksheet in the 2022 Instructions for Schedule D (Form 1040).
For estates and trusts, the amounts taxed at the 0% tax rate
are found on line 19 of the Schedule D Tax Worksheet in the
2022 Instructions for Schedule D (Form 1041), or line 8 of the
Qualified Dividends Tax Worksheet in the 2022 Instructions for
Form 1041, whichever applies.

!

CAUTION

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Don’t 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 2022 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 0.4054) if the foreign
source capital gain distributions are taxed at a rate of 15%, and
by 0.7143 (instead of 0.5405) 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 9
of the Qualified Dividends and Capital Gain Tax Worksheet in the
2022 Instructions for Form 1040 or line 22 of the Schedule D Tax
Worksheet in the 2022 Instructions for Schedule D (Form 1040).
For estates and trusts, the amounts taxed at the 0% tax rate
are found on line 19 of the Schedule D Tax Worksheet in the
2022 Instructions for Schedule D (Form 1041), or line 8 of the
Qualified Dividends Tax Worksheet in the 2022 Instructions for
Form 1041, whichever applies.

!

CAUTION

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 2022 for the regular tax. Use your MTFTCE carryover, if any,
on line 10.
Simplified limitation election. If you figured your 2022
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 2022 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 2022 AMT Form
1116.
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 2022; and
• Line 32 of Form 8801 isn't more than $206,100 ($103,050 if
married filing separately for 2022).

Don’t 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 2022
Instructions for 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 2022 Schedule D (Form 1040) (column
(2) of line 18a or 19 of Schedule D (Form 1041)) is zero or a loss.
• You figured your 2022 tax using the Qualified Dividends and
Capital Gain Tax Worksheet in the Instructions for Form 1040
and (a) line 3 of that worksheet is zero or less, (b) line 5 of that
Instructions for Form 8801 (2023)

-3-

Credit to Holders of Tax Credit Bonds, on line 6k). Enter the
result. If the result is zero or less, enter -0-.

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
0.3243). 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
0.4595). 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
0.5946). 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.

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, plus any Form 8978 amount included on
line 1d. Enter the result. If the result is zero or less, enter -0-.

Part III—Tax Computation Using
Maximum Capital Gains Rates

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If your 2022 taxable income was zero or less, enter -0- on Form
8801, line 35. You must also take one of the following actions,
whichever applies to you, before completing lines 28, 29, and 30
of Part III.
• Complete lines 2 through 4 of the Qualified Dividends and
Capital Gain Tax Worksheet in the 2022 Instructions for Form
1040.
• Complete lines 2 through 13 of the Schedule D Tax Worksheet
in the 2022 Instructions for Schedule D (Form 1040) or the 2022
Instructions for Schedule D (Form 1041), whichever applies.
• Complete lines 2 through 4 of the Qualified Dividends Tax
Worksheet in the 2022 Instructions for Form 1041.
• Complete lines 22 through 26 of the 2022 Schedule D (Form
1041).
To determine which worksheet or form above applies to you, see
the 2022 Instructions for Form 1040, line 16; Form 1040-NR,
line 16; or Form 1041, Schedule G, line 1a.

Lines 28, 29, and 30

Step 5. Enter the amount from Form 8801, line 11, on the
MTFTCE Form 1116, line 20. Complete lines 19 through 24 of
the MTFTCE Form 1116.

Follow the instructions below to figure the amounts to enter on
lines 28, 29, and 30 if, for 2022:
1. 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
2. You filed Form 2555 and have an AMT capital gain excess
(defined later).

Step 6. Complete Part IV of the first MTFTCE Form 1116 only.
Enter the amount from that MTFTCE Form 1116, line 35, 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.

Otherwise, complete lines 28, 29, and 30 following the
instructions for those lines on the form.
Estates and trusts. If (1) above applies, enter the amount from
line 4 of the Qualified Dividends Tax Worksheet in the 2022
Instructions for Form 1041 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.

Part II—Minimum Tax Credit and
Carryforward to 2024

Form 2555. If (2) above applies, and you filed Form 2555 for
2022 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 4 of your 2022 Qualified Dividends and Capital
Gain Tax Worksheet or line 10 of your 2022 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 2022 Qualified
Dividends and Capital Gain Tax Worksheet or line 9 of your 2022
Schedule D Tax Worksheet (but not below zero) by your AMT
capital gain excess.
2. Reduce the amount on line 2 of your 2022 Qualified
Dividends and Capital Gain Tax Worksheet or line 6 of your 2022
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 2022 Schedule D (Form
1040), line 18 (but not below zero) by your AMT capital gain
excess.

Line 20

Enter any qualified electric vehicle credit not allowed for 2022
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).

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 2023 income tax
return to figure the amount to enter on line 22.
Form 1040, 1040-SR, or 1040-NR. Add the amounts from
Form 1040, 1040-SR, or 1040-NR, line 16 and Schedule 2 (Form
1040), line 2. Subtract from the result the total of any credits from
Form 1040, 1040-SR, or 1040-NR, line 19 and Schedule 3 (Form
1040), lines 1 through 6z (not including any credit for prior year
minimum tax on line 6b or any credit claimed on Form 8912,
-4-

Instructions for Form 8801 (2023)

4. Include your AMT capital gain excess as a loss on line 16
of your 2022 Unrecaptured Section 1250 Gain Worksheet in the
2022 Instructions for Schedule D (Form 1040).

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.

Also see the instructions for line 35.

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.

Line 35
Form 2555. If you filed Form 2555 for 2022, the amount you
enter on line 35 will take into account your regular tax capital
gain excess, if any, for 2022.
If you filed Form 2555 for 2022 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
Instructions for Form 1040 (as figured for the regular tax).
For information on regular tax capital gain excess and AMT
capital gain excess (if you filed Form 2555), see Line 20 in the
2022 Instructions for Form 6251.

Line 42

TREASURY/IRS
AND OMB USE
ONLY DRAFT
August 4, 2023

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 the form . . . . . . . . . . . . . . .
Copying, assembling, and sending the
form to the IRS . . . . . . . . . . . . . . . .

Follow the instructions below to figure the amount to enter on
line 42.

Form 1040, 1040-SR, or 1040-NR. If you didn't complete the
2022 Qualified Dividends and Capital Gain Tax Worksheet or the
2022 Schedule D Tax Worksheet, enter the amount from your
2022 Form 1040, 1040-SR, or 1040-NR, line 15; if zero or less,
enter -0-. If you didn't complete either 2022 worksheet and you
filed a 2022 Form 2555, enter the amount from line 3 of the
Foreign Earned Income Tax Worksheet in the 2022 Instructions
for Form 1040.

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.

Paperwork Reduction Act Notice. We ask for the information
on this form to carry out the Internal Revenue laws of the United

Instructions for Form 8801 (2023)

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

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