Remove Certain Gains,losses,and Deductions from Each Member's Taxable Income Since

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The Answer is In the context of U.S. federal income taxation, when a group of corporations files a consolidated tax return, certain items of income, gain, loss, and deduction must be computed on a consolidated basis rather than on an individual member basis. This is because the tax attributes of the individual members can affect the consolidated group differently than they would if each member were taxed separately.

Here are the steps and considerations for removing certain gains, losses, and deductions from each member's taxable income for the purpose of computing the consolidated tax liability:

1. **Net Operating Losses (NOLs)**: NOLs of individual members must be suspended at the time they join the consolidated group. Instead, the group will compute a consolidated NOL, which takes into account the income and losses of all members. Any NOL carryforwards and carrybacks are also subject to special consolidated return rules.

2. **Capital Gains and Losses**: Capital gains and losses of the individual members must be combined to determine the consolidated capital gains and losses. This can affect the amount of capital loss carryforwards and the application of capital loss limitations.

3. **Section 1231 Gains and Losses**: Section 1231 gains and losses, which pertain to depreciable property and real property used in a trade or business, are also combined on a consolidated basis. The netting process to determine whether these gains and losses are treated as capital or ordinary must be done at the consolidated level.

4. **Charitable Contribution Deductions**: Charitable contributions made by individual members of the group are subject to a limitation based on the consolidated taxable income rather than the individual member's income. Excess contributions can be carried over to future years but must be tracked at the consolidated level.

5. **Dividends-Received Deduction (DRD)**: The DRD, which allows corporations to receive dividends from other taxable domestic corporations at a reduced tax rate, must be calculated on a consolidated basis. Intercompany dividends within the consolidated group are eliminated, and the DRD for dividends received from outside the group is subject to limitation based on the consolidated taxable income.

6. **Percentage Depletion under Section 613A**: For natural resource producers, the percentage depletion deduction must be computed on a consolidated basis. This ensures that the limitation based on the group's taxable income, rather than the income of individual members, is applied.

To properly remove these items from each member's taxable income and compute them on a consolidated basis, the tax preparer must follow the Internal Revenue Code (IRC) and the Treasury Regulations governing consolidated tax returns. This often involves complex calculations and a deep understanding of the tax law. It is advisable for corporations filing consolidated returns to seek the assistance of a tax professional or accountant who is experienced in dealing with consolidated tax return issues.

Remove Certain Gains,losses,and Deductions from Each Member's Taxable Income Since

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