Instr for Form 8801--2020-00-00

2020

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.

General Instructions
Purpose of Form

Who Should File

Complete Form 8801 if you are an individual, estate, or trust that
for 2019 had:
• An AMT liability and adjustments or preferences other than
exclusion items,
• A credit carryforward to 2020 (on 2019 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 2019 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,

Oct 23, 2020

Note. If you complete Parts I and II of a 2019 Form 1041,
Schedule I, as a worksheet to figure the amount to enter on 2020
Form 8801, line 4, don't attach that worksheet Schedule I to
your tax return. Instead, keep it for your records.

Line 2

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 2021.

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 2019, include your 2019 standard deduction.
Combine lines 2a, 2b, 2c, 2d, 2g, and 2h of your 2019 Form
6251. Don't include any amount from line 2j of the 2019 Form
6251. Instead, include the exclusion item amount from the
Schedule(s) K-1 (Form 1041) you received for 2019. That
amount is shown in box 12 with code J. If you included on line 3
of the 2019 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 MTCNOLD (minimum tax credit net operating loss
deduction) is the total of the minimum tax credit net operating
loss (MTCNOL) carryovers and carrybacks to 2019. Your
MTCNOL is figured as follows.
Your MTCNOL is the excess of the deductions allowed when
computing alternative minimum taxable income (AMTI) for 2019
(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 2019, apply sections 172(b)(2) and 172(d)
with appropriate modifications to take into account only
exclusion items.

Cat. No. 10600C

Line 4

Line 12

If your filing status was married filing separately for 2019 and
line 4 is more than $733,700, you must include an additional
amount on line 4. If line 4 is $957,100 or more, include an
additional $55,850 on line 4. Otherwise, include 25% of the
excess of the amount on line 4 over $733,700. For example, if
the amount on line 4 is $753,700, enter $758,700 instead—the
additional $5,000 is 25% of $20,000 ($753,700 minus
$733,700).

Figuring the MTFTCE. If you made an election to claim the
foreign tax credit on your 2019 Form 1040 or 1040-SR or (Form
1040-NR) without filing Form 1116, your minimum tax foreign tax
credit on exclusion items (MTFTCE) is the same as the foreign
tax credit on your 2019 Schedule 3 (Form 1040 or 1040-SR),
line 1 (or Form 1040-NR, line 46). Enter that amount on Form
8801, line 12. Otherwise, your MTFTCE is your 2019 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 the 2019 Instructions for Form 1116 for information about
categories of income. Complete a separate 2019 Form 1116 for
the MTFTCE for each separate category of income specified
above Part I of each Form 1116 you filed for 2019. Write
“MTFTCE” at the top margin of each 2019 Form 1116 that you
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.”

If you filed Form 1040-NR for 2019 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

If for 2019 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.
Form 1040-NR. If for 2019 you filed Form 1040-NR and you
reported capital gain distributions directly on Form 1040-NR,
line 14; you reported qualified dividends on Form 1040-NR,
line 10b; or you had a gain on both lines 15 and 16 of
Schedule D (Form 1040 or 1040-SR), 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
$194,800 or less ($97,400 or less if you checked filing status
box 5 on Form 1040-NR for 2019), 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 $3,896 ($1,948 if you checked filing
status box 5 for 2019) from the result.

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 2019
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 2019 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

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) 2019 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 2019 you reported capital gain distributions directly on Form 1040 or 1040-SR,
line 6; 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 or 1040-SR), 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 $194,800 or less ($97,400 or less if married filing separately for
2019), multiply line 3 by 26% (0.26). Otherwise, multiply line 3 by 28% (0.28) and subtract
$3,896 ($1,948 if married filing separately for 2019) from the result.
5. Tax on the amount on line 2c. If line 2c is $194,800 or less ($97,400 or less if married filing
separately for 2019), multiply line 2c by 26% (0.26). Otherwise, multiply line 2c by 28% (0.28) and
subtract $3,896 ($1,948 if married filing separately for 2019) 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 (2020)

the Schedule D Tax Worksheet in the 2019 Schedule D (Form
1040 or 1040-SR) instructions.
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
2019 Schedule D (Form 1041) instructions, or line 8 of the
Qualified Dividends Tax Worksheet in the 2019 Form 1041
instructions, whichever applies.

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 2019; and
• Line 32 of Form 8801 isn't more than $194,800 ($97,400 if
married filing separately for 2019 or if you checked filing status
box 5 on Form 1040-NR for 2019).
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 11 of the Qualified Dividends and Capital Gain Tax
Worksheet in the 2019 Form 1040 and 1040-SR instructions,
line 9 of the Qualified Dividends and Capital Gain Tax
Worksheet in the 2019 Form 1040-NR instructions, or line 22 of
the Schedule D Tax Worksheet in the 2019 Schedule D (Form
1040 or 1040-SR) instructions.
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
2019 Schedule D (Form 1041) instructions, or line 8 of the
Qualified Dividends Tax Worksheet in the 2019 Form 1041
instructions, whichever applies.

!

!

CAUTION

Other capital gains or losses. Use Worksheet A in the
instructions for the 2019 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 2019 Schedule D (Form 1040 or
1040-SR) (column (2) of line 18a or 19 of Schedule D (Form
1041)) is zero or a loss.
• You figured your 2019 tax using the Qualified Dividends and
Capital Gain Tax Worksheet in the Form 1040 and 1040-SR
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 2019 tax using the Qualified Dividends and
Capital Gain Tax Worksheet in the Form 1040-NR 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 2019 tax using the Schedule D Tax
Worksheet in the Schedule D (Form 1040 or 1040-SR)
instructions 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 2019 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 2019 tax using the Schedule D Tax
Worksheet in the Schedule D (Form 1041) instructions 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 2019 Form 1116 instructions if you:
• Can't use Worksheet A,
• Had 2019 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 2019 Instructions for Form 6251 for
information on rate substitutions that would apply when
determining those adjustments.

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 2019 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 11 of the Qualified Dividends and Capital Gain Tax
Worksheet in the 2019 Form 1040 and 1040-SR instructions,
line 9 of the Qualified Dividends and Capital Gain Tax
Worksheet in the 2019 Form 1040-NR instructions, or line 22 of
Instructions for Form 8801 (2020)

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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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 2019 for the regular tax. Use your MTFTCE carryover, if any,
on line 10.
Simplified limitation election. If you figured your 2019
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 2019 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 2019 AMT Form
1116.

Part II—Minimum Tax Credit and
Carryforward to 2021
Line 20

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 2019; and
• Line 32 of Form 8801 isn't more than $194,800 ($97,400 if
married filing separately for 2019 or if you checked filing status
box 5 on Form 1040-NR for 2019).
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.

Enter any qualified electric vehicle credit not allowed for 2019
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 2020 income tax
return to figure the amount to enter on line 22.
Form 1040 or 1040-SR. Add the amounts from Form 1040 or
1040-SR, line 16 and Schedule 2 (Form 1040), line 2. Subtract
from the result the total of any credits from Form 1040 or
1040-SR, line 19 and Schedule 3 (Form 1040), lines 1 through 6
(not including any credit for prior year minimum tax or any credit
claimed on Form 8912, Credit to Holders of Tax Credit Bonds).
Enter the result. If the result is zero or less, enter -0-.
Form 1040-NR. Add the amounts from Form 1040-NR, line 16
and Schedule 2 (Form 1040), line 2. Subtract from the result the
total of any credits on lines 19 and 20 (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 2019 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 6 of the Qualified Dividends and
Capital Gain Tax Worksheet in the 2019 Instructions for Forms
1040 and 1040-SR.
• Complete lines 2 through 4 of the Qualified Dividends and
Capital Gain Tax Worksheet in the 2019 Instructions for Form
1040-NR.
• Complete lines 2 through 13 of the Schedule D Tax
Worksheet in the 2019 Instructions for Schedule D (Form 1040
or 1040-SR) or the 2019 Instructions for Schedule D (Form
1041), whichever applies.
• Complete lines 2 through 4 of the Qualified Dividends Tax
Worksheet in the 2019 Instructions for Form 1041.
• Complete lines 22 through 26 of the 2019 Schedule D (Form
1041).
To determine which worksheet or form above applies to you, see
the 2019 Instructions for Forms 1040 and 1040-SR, line 12a;
Form 1040-NR, line 42; or Form 1041, Schedule G, line 1a.

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 33, on
Form 8801, line 12.

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Instructions for Form 8801 (2020)

Lines 28, 29, and 30

Line 35

Follow the instructions below to figure the amounts to enter on
lines 28, 29, and 30 if, for 2019:
1. You filed Form 1040-NR 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 and have an AMT capital gain
excess (defined later).

If for 2019 you filed Form 1040-NR, enter on Form 8801, line 35,
the amount from line 5 of your 2019 Qualified Dividends and
Capital Gain Tax Worksheet in the instructions for Form
1040-NR, line 42, or the amount from line 14 of your 2019
Schedule D Tax Worksheet in the 2019 Instructions for
Schedule D (Form 1040 or 1040-SR), whichever applies. If you
didn't complete either worksheet, enter the amount from Form
1040-NR, line 41; if zero or less, enter -0-.
Form 2555. If you filed Form 2555 for 2019, the amount you
enter on line 35 will take into account your regular tax capital
gain excess, if any, for 2019.
If you filed Form 2555 for 2019 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 and 1040-SR 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), see Line 20 in the
2019 Instructions for Form 6251.

Otherwise, complete lines 28, 29, and 30 following the
instructions for those lines on the form.
Form 1040-NR. If (1) above applies, enter the amount from
line 4 of the Qualified Dividends and Capital Gain Tax
Worksheet in the 2019 Form 1040-NR 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 2019
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

Form 2555. If you filed Form 2555 for 2019 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 2019 Qualified Dividends and Capital Gain Tax Worksheet
or line 10 of your 2019 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 2019 Qualified
Dividends and Capital Gain Tax Worksheet or line 9 of your
2019 Schedule D Tax Worksheet (but not below zero) by your
AMT capital gain excess.
2. Reduce the amount on line 2 of your 2019 Qualified
Dividends and Capital Gain Tax Worksheet or line 6 of your
2019 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 2019 Schedule D (Form
1040 or 1040-SR), 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 2019 Unrecaptured Section 1250 Gain Worksheet in the
2019 Instructions for Schedule D (Form 1040 or 1040-SR).

If for 2019 you filed Form 1040-NR, use the following chart to
figure the amount to enter on line 40.
IF you checked filing status box...

THEN enter on line 40...

2 $

434,550

5 $

244,425

6 $

488,850

Line 42

Follow the instructions below to figure the amount to enter on
line 42.
Form 1040 or 1040-SR. If you didn't complete the 2019
Qualified Dividends and Capital Gain Tax Worksheet or the 2019
Schedule D Tax Worksheet, enter the amount from your 2019
Form 1040 or 1040-SR, line 11b; if less than zero, enter -0-. If
you didn't complete either 2019 worksheet and you filed a 2019
Form 2555, enter the amount from line 3 of the Foreign Earned
Income Tax Worksheet in the 2019 Forms 1040 and 1040-SR
instructions.
Form 1040-NR. If you filed a 2019 Form 1040-NR, enter the
amount from line 5 of your 2019 Qualified Dividends and Capital
Gain Tax Worksheet in the instructions for Form 1040-NR,
line 42, or the amount from line 21 of the 2019 Schedule D Tax
Worksheet in the Instructions for Schedule D (Form 1040 or
1040-SR), whichever applies. If you didn't complete either 2019
worksheet, enter the amount from your 2019 Form 1040-NR,
line 41; if zero or less, enter -0-.

Also see the instructions for line 35.

Line 33

If for 2019 you filed Form 1040-NR and Form 8801, line 32, is
$194,800 or less ($97,400 or less if you checked filing status
box 5 on Form 1040-NR for 2019), multiply line 32 by 26%
(0.26). Otherwise, multiply line 32 by 28% (0.28) and subtract
$3,896 ($1,948 if you checked filing status box 5 on Form
1040-NR for 2019) from the result.

Line 54

If for 2019 you filed Form 1040-NR and Form 8801, line 27, is
$194,800 or less ($97,400 or less if you checked filing status
box 5 on Form 1040-NR for 2019), multiply line 27 by 26%
(0.26). Otherwise, multiply line 27 by 28% (0.28) and subtract
$3,896 ($1,948 if you checked filing status box 5 on Form
1040-NR for 2019) from the result.

Line 34

If for 2019 you filed Form 1040-NR, enter $39,375 ($78,750 if
you checked filing status box 6 on Form 1040-NR for 2019).

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
Instructions for Form 8801 (2020)

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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
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 . . . . . . . . . . . . . . . .

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.

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Instructions for Form 8801 (2020)