What is GILTI (Global Intangible Low-Taxed Income)?
A category of income from CFCs that US shareholders must include in their taxable income, targeting foreign earnings exceeding a routine return on assets.
Definition
Global Intangible Low-Taxed Income (GILTI) is a provision introduced by the Tax Cuts and Jobs Act of 2017 that requires US shareholders of Controlled Foreign Corporations (CFCs) to include in their taxable income any CFC income exceeding a 10% deemed return on the CFC's depreciable tangible assets (QBAI). GILTI is designed to prevent US companies from shifting profits to low-tax jurisdictions. A 50% deduction is available for C corporations, but individual shareholders receive no such deduction without a Section 962 election.
Who Needs to Know This?
US shareholders owning 10% or more of a CFC. This includes US expats who own businesses abroad, even small ones, that qualify as CFCs.
Key Deadline
Reported on annual tax return with Form 8992
Potential Penalties
Standard accuracy-related penalties; additional penalties for failure to file required CFC forms
Related Forms
Common Mistakes to Avoid
- 1Not realizing individual CFC owners are subject to GILTI
- 2Failing to make a Section 962 election to reduce GILTI tax
- 3Not properly calculating the QBAI exclusion
- 4Confusing GILTI with Subpart F income
Related Terms
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