• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

Evergreen Small Business

Actionable Insights from Small Business CPAs

  • Home
  • Small Business FAQ
  • Monographs
    • Business Planning Workbook
    • Download Your Free Copy of the Thirteen Word Retirement Plan
    • Five Minute Payroll Monograph (2019 Edition)
    • LLC Operating Agreement
    • Maximizing PPP Loan Forgiveness
    • Maximizing Sec. 199A Deductions Monograph
    • Preparing Form 3115 for the Tangible Property Regulations
    • Preparing U.S. Tax Returns for International Taxpayers
    • Real Estate Tax Loopholes & Secrets
    • Red Portfolio Black Portfolio FAQ and Download
    • Sample Corporate Bylaws
    • Setting Low Salaries for S Corporations
    • Small Business Tax Deduction Secrets
    • Small Businesses and the Affordable Care Act (Obamacare)
    • Joining Our Affiliate Program
  • Our Bloggers
  • Free LLC Formation Kits
    • Alabama LLC
    • Alaska LLC
    • Arizona LLC
    • Arkansas LLC
    • California LLC
    • Colorado LLC
    • Connecticut LLC
    • Delaware LLC
    • Florida LLC
    • Georgia LLC
    • Hawaii LLC
    • Idaho LLC
    • Illinois LLC
    • Indiana LLC
    • Iowa LLC
    • Kansas LLC
    • Kentucky LLC
    • Louisiana LLC
    • Maine LLC
    • Maryland LLC
    • Massachusetts LLC
    • Michigan LLC
    • Minnesota LLC
    • Mississippi LLC
    • Missouri LLC
    • Montana LLC
    • Nebraska LLC
    • Nevada LLC
    • New Hampshire LLC
    • New Jersey LLC
    • New Mexico LLC
    • New York LLC
    • North Carolina LLC
    • North Dakota LLC
    • Ohio LLC
    • Oklahoma LLC
    • Oregon LLC
    • Pennsylvania LLC
    • Rhode Island LLC
    • South Carolina LLC
    • South Dakota LLC
    • Tennessee LLC
    • Texas LLC
    • Utah LLC
    • Vermont LLC
    • Virginia LLC
    • Washington LLC
    • West Virginia LLC
    • Wisconsin LLC
    • Wyoming LLC
  • S Corporation Kits
    • Alabama S Corporation
    • Alaska S Corporation
    • Arizona S Corporation
    • Arkansas S Corporation
    • California S Corporation
    • Colorado S Corporation
    • Connecticut S Corporation
    • Delaware S Corporation
    • Florida S Corporation
    • Georgia S Corporation
    • Hawaii S Corporation
    • Idaho S Corporation
    • Illinois S Corporation
    • Indiana S Corporation
    • Iowa S Corporation
    • Kansas S Corporation
    • Kentucky S Corporation
    • Louisiana S Corporation
    • Maine S Corporation
    • Maryland S Corporation
    • Massachusetts S Corporation
    • Michigan S Corporation
    • Minnesota S Corporation
    • Mississippi S Corporation
    • Missouri S Corporation
    • Montana S Corporation
    • Nebraska S Corporation
    • Nevada S Corporation
    • New Hampshire S Corporation
    • New Jersey S Corporation
    • New Mexico S Corporation
    • New York S Corporation
    • North Carolina S Corporation
    • North Dakota S Corporation
    • Ohio S Corporation
    • Oklahoma S Corporation
    • Oregon S Corporation
    • Pennsylvania S Corporation
    • Rhode Island S Corporation
    • South Carolina S Corporation
    • South Dakota S Corporation
    • Tennessee S Corporation
    • Texas S Corporation
    • Utah S Corporation
    • Vermont S Corporation
    • Virginia S Corporation
    • Washington S Corporation
    • West Virgina S Corporation
    • Wisconsin S Corporation
    • Wyoming S Corporation
  • Contact Nelson CPA
You are here: Home / foreign tax / Section 965 Transition Tax, IRS Pub 5292 and the Great Goat Rodeo

Section 965 Transition Tax, IRS Pub 5292 and the Great Goat Rodeo

August 1, 2018 By Beth Nelson CPA

Goats graze in an argan tree - Morocco, North Africa
Sec 965 transition tax is a metaphorical goat rodeo

Most of the time, this blog addresses subjects of general interest to most small business owners. But this week, I want to talk about the Section 965 Transition Tax and about how tax accountants can use the IRS Pub 5292 worksheets to develop the information taxpayers need to report on their 2017 tax return.

We are, in other words, way out into the weeds.

Before I supply the link to the Excel workbook that makes the IRS Pub 5292 calculations along with some brief instructions, let me provide some background information.

Section 965 Transition Tax Background

A CPA friend of ours, Moses Mann, did a great guest blog post about key features of the new international tax stuff, including the Section 965 transition tax. If you’re still getting up to speed on how any of this works, refer to that post: International Tax Reform: Key Changes from Tax Cuts and Jobs Act.

To give you a birds-eye view, however, U.S. taxpayers who own what’s called a “deferred foreign income corporation” (aka a “DFIC”) need to recognize as 2017 income the cumulative undistributed earnings of the foreign corporation on which U.S. income tax has been, up until now, deferred.

If you’re surprised by this—say because you own an interest in a controlled foreign corporation—know you’re not alone. In the past, a small business or an individual who owned an interest in a controlled foreign corporation usually wouldn’t need to pay U.S. income taxes on the foreign corporation’s income until that income was distributed.

Note: A controlled foreign corporation is a foreign corporation where U.S. shareholders who each own more than 10% ownership interests collectively own at least 50% of the stock in the foreign corporation.

The new Section 965 transition tax says different, however. It says, “Hey, um, you know those retained earnings that have accumulated in that foreign corporation you own a slice of?… Yeah, well, we’re just going to pretend, or ‘deem,’ your share of those earnings was repatriated in 2017. And then we will make you pay a repatriation tax.”

This stuff, if you own an interest in a controlled foreign corporation or any other type of DFIC, should have been dealt with on your 2017 tax return.

But quite possibly it wasn’t.

The Section 965 Transition Tax Conundrum

The problem here? The actual tax law was enacted much too late to make this something the Internal Revenue Service, tax accountants and their clients could deal with during the 2017 tax season.

Accordingly, neither the tax software companies nor the Internal Revenue Service were able to provide rich guidance or robust tools to make the calculations.

cover of 951A GILTI monograph
Dealing with Section 962 elections, 965 transition tax or 951A GILTI tax? Use our e-book. Instant download. Money back guarantee. Free updates.

The Internal Revenue Service, for example, published its guide, IRS Pub 5292, on April 6th, 2018. And it originally published these FAQs in March 2018, but has been updating them since, with some parts added as recently as June.

Even as I write this, the U.S. Treasury’s eftps.gov system can’t at this point accept payments of the Section 965 transition tax—which tells you something (see Question 10 of the IRS FAQs linked above).

The proposed regulations for Sec. 965 only came out today (August 1, 2018).

And, big surprise, tax software preparation companies haven’t had time to add to their products all functionalities that really deal with the Section 965 transition tax.

To be honest, it’s a little bit of a goat rodeo.

Excel Versions of Pub 5292 Worksheets

Accordingly, what many tax practitioners have had to resort to is constructing Excel workbooks that mimic the worksheets from IRS Pub 5292. Only then can they can calculate the stuff that needs to be reported in order to (a) comply with the Section 965 transition tax reporting and (b) to calculate the Section 965 transition tax.

We supply our firm’s version of this Excel workbook via the link below:

IRS Pub 5292 Worksheets for Sec. 965 Tax

Please treat this like you would “beta software.” In other words, we’ve tested it (as we continue to test it). But be careful. And a request? If you have questions or spot issues, for heaven’s sake, post a comment here. We thank you in advance for that. And so will all of your professional brothers and sisters.

And three quick notes to close: First, the worksheet cells that show in orange accept the input values.

Second, you want to have the IRS Pub 5292 in your hand (or on your screen) as you work through the calculations. That publication provides the instructions for “filling in the blanks.”

Third, Pub 5292 does contain rather obvious errors. Watch for those as you read. And remember the attorneys and accountants at the Internal Revenue Service were just trying to do the best job they could… at the last minute… with a confusing, probably incorrectly written bit of tax law.

Filed Under: foreign tax, foreign tax issues

Primary Sidebar

Welcome

Nelson CPA publishes this blog to help and encourage small business owners. Click here to learn more about our firm.

S corporation Tools

Use our S corporation tax savings calculator to make a quick estimate of the annual tax savings per owner.

Use our S corporation reasonable compensation calculator to estimate appropriate shareholder-employee salaries.

Featured Posts

R&D deductions work differently under the One Big Beautiful Bill

One Big Beautiful Bill’s New R&D Deductions

The OBBB, also known as the One Big Beautiful Bill, also known as the American Innovation and Growth Act of 2025, makes a useful change to the R&D … [Read More...] about One Big Beautiful Bill’s New R&D Deductions

Trump Savings Accounts provide a slick way for parents to save money for kids.

Trump Savings Accounts – Free Money from the Government

Child focused tax benefits have taken on many forms over the years.  We've had child tax credits, dependent care credits, education credits, 529 … [Read More...] about Trump Savings Accounts – Free Money from the Government

Combine Section 1031 like-kind exchanges with Section 168(k) bonus depreciation to create large deductions.

Bonus Depreciation and 1031 Exchanges: A Hidden Opportunity

Real estate investors know about bonus depreciation. They also know about 1031 like-kind exchanges. But not everyone realizes that the two rules can … [Read More...] about Bonus Depreciation and 1031 Exchanges: A Hidden Opportunity

International tax issues?

Preparing US tax returns for international taxpayers

Maximize S corporation tax savings

Setting Low S Corporation Salaries

Updated for 2019 tax year changes and now available in print from Amazon!!

Maximizing Sec. 199A Deductions

Free retirement planning help

Picture of Thirteen Word Retirement Plan book

Need to help clients with their PPP loan forgiveness applications?

Recent Comments

  • Planning for the 35% Washington State Estate Tax - Evergreen Small Business on Washington’s Qualified Family-Owned Business Interest Estate Tax Deduction: Updated for 2025
  • Stephen Nelson CPA on Washington State Professional Services Sales Tax
  • Mark Freeman on Washington State Professional Services Sales Tax
  • Washington State Professional Services Sales Tax - Evergreen Small Business on Washington’s Qualified Family-Owned Business Interest Estate Tax Deduction: Updated for 2025
  • The New Big Beautiful Section 199A Deduction - Evergreen Small Business on Big Beautiful Section 199A Calculator

Archives

Copyright © 2025 Stephen L. Nelson, Inc. · News Pro On Genesis Framework · WordPress