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Glossary

Global Intangible Low-Taxed Income (GILTI)

Definition

GILTI is a category of income earned by a controlled foreign corporation that a U.S. shareholder must include in income each year, whether or not it is distributed. The inclusion depends on statutory calculations, exceptions and the applicable tax year.

Who it affects

GILTI applies to U.S. shareholders of controlled foreign corporations, which includes many U.S. citizens and residents who own their own foreign company. It is not limited to technology or intangible assets, despite the name.

How it is taxed

The CFC’s income is generally computed at the corporate level, then included in the shareholder’s income. Corporate shareholders have had access to special deductions and credits, while individuals often face higher cost unless they make certain elections. The details depend on facts such as foreign tax paid.

Check the applicable year

Section 951A calculations and available relief depend on the tax year. Do not assume that an earlier year’s calculation applies unchanged to a later return. Reporting generally involves Form 5471, Form 8992 and related schedules; individual shareholders should also evaluate whether a Section 962 election is appropriate.

Practical example

For example, suppose Rosa, a U.S. resident, owns a consulting company in Mexico taxed at a low rate. Even if she leaves the profits in the company, part of that income may have to be included on her U.S. return under the GILTI rules.

General information, not tax advice

This page provides general educational information about U.S. federal tax rules. It is not individualized tax, legal or accounting advice, and it does not create a client relationship. Results depend on each taxpayer's specific facts.

Written by Roger I. Chirino, founder of Chirino USA Accountants & Advisors P.A.

Supported by licensed CPAs, IRS Enrolled Agents (EAs), and experienced U.S. tax professionals focused on cross-border compliance and planning.