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International Tax & Cross-Border Wealth · Free Tool

How much US tax on your foreign company profits?

Own ≥10% of a foreign corporation? You may be a US Shareholder of a Controlled Foreign Corporation — and the GILTI inclusion taxes your share of the foreign company's tested income at US rates, every year, whether or not the company distributes. The §962 election rescues the position by accessing C-corp-level treatment (21% rate + 50% deduction + 80% FTC). Run your numbers.

CFC Inputs
$
$
Depreciable tangible assets used in producing tested income.
$
%
Your tax rates
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%
§962 savings vs no election
$0
Annual US tax saved by electing §962
Net deemed tangible income return (10% of QBAI)$0
GILTI tested income (excess over NDTIR)$0
Your GILTI inclusion$0
Foreign effective tax rate0%
No-election US tax (37%+NIIT)$0
§962 election US tax (21% − FTC)$0
Recommendation
Elect §962
The §962 election trades the 37% individual rate for the 21% corporate rate, 50% §250 deduction, and 80% FTC.
The GILTI machinery

If you own a foreign company, GILTI taxes you every year — whether or not it pays.

The Global Intangible Low-Taxed Income (GILTI) regime, enacted by the 2017 TCJA, taxes US shareholders on their pro-rata share of a CFC's tested income above a 10% deemed return on qualified business asset investment. For US individual shareholders without the §962 election, GILTI is taxed at top ordinary rates (37%+) with no foreign tax credit — the worst outcome in the Code for a 10%-shareholder of a profitable foreign business.

The §962 election is the rescue. By electing to be taxed at C-corporate rates on the GILTI inclusion, the individual shareholder accesses the 21% corporate rate, the 50% §250 deduction (producing a 10.5% effective rate), AND an 80% foreign tax credit. The trade-off: later distribution of the post-tax PTEP is taxed as a dividend, but at qualified-dividend rates. For high-tax foreign jurisdictions (>13.125% effective rate), §962 is almost always advantageous.

What's a CFC

Any foreign corporation where US shareholders (10%+ owners by vote or value) own >50% in the aggregate. Once a CFC, every 10%+ US shareholder includes pro-rata Subpart F + GILTI each year.

The §962 election

Annual, irrevocable per year. Made on Form 8993. Individual elects to be taxed as if a C-corp on Subpart F/GILTI inclusions. Later PTEP distributions taxed as dividends (qualified-dividend rate where treaty-qualified).

This is Chapter 7 of International Tax & Cross-Border Wealth.

The CFC / Subpart F / GILTI chapter — including the §962 election framework, the GILTI high-tax exception, the §245A DRD for C-corp shareholders, and a worked-example workbook. Get the chapter and the launch notice.

The CFC / GILTI chapter + launch notice. No spam; unsubscribe anytime.
Educational orientation only — not tax or legal advice. The §962 election is irrevocable for the year and interacts with PTEP tracking, basis-recovery, and later distribution treatment. The GILTI high-tax exception (Treas. Reg. §1.951A-2(c)(7)) may be a better alternative for CFCs in high-tax jurisdictions. Confirm with qualified US international tax counsel.
Educational references and tools — not legal, tax, accounting, or investment advice, and not a recommendation to buy or sell any security. Consult a qualified professional about your specific situation. © 2026 The Baratelli Institute.