NCTI (former GILTI): Net CFC Tested Income definition, calculation, and example 2026
Starting January 1, 2026, what was known as GILTI – Global Intangible Low-Taxed Income – was officially renamed Net CFC Tested Income (NCTI) under the One Big Beautiful Bill Act (OBBBA). The mechanics shifted, too, not just the name. If you own a stake in a controlled foreign corporation (CFC) as a US person, the 2026 rule-set changes how your foreign income is calculated, taxed, and reported.
Quick answer
| Question | Answer |
|---|---|
| Who does this apply to? | US shareholders owning 10%+ of a CFC |
| Can individuals be affected? | Yes – often at higher rates than corporations |
| Do cash distributions matter? | No – inclusion happens regardless of repatriation |
| 2025 vs. 2026 rules | TCJA-era GILTI provisions expired; OBBBA introduced NCTI with revised deduction and FTC rates |
This guide doubles as a GILTI summary – covering both the pre-2026 rules and the 2026 NCTI mechanics side by side.
What is NCTI (former GILTI)?
NCTI, or Net CFC Tested Income, is the current name for what was previously called Global Intangible Low-Taxed Income (GILTI). The GILTI tax definition has shifted with the 2025 Act: while the anti-avoidance, minimum-tax concept remains, the longstanding "deemed 10% return" (the QBAI/NDTIR exclusion) has been repealed from 951A, making the net CFC tested income base broader than it was under the pre-2026 GILTI framework.
Despite the name, this rule is not just about intellectual property. Under the 2026 version of Section §951A, net CFC tested income is based on tested income and tested loss, and the old QBAI routine-return carve-out has been removed, so a CFC can trigger an inclusion even without holding patents, trademarks, or other intangibles.
The GILTI provisions were designed to discourage profit-shifting through intangibles, but the formula has always captured far more than that – and under the new rules, even more so.
A CFC must be more than 50% owned by US persons, with each US shareholder owning at least 10% of voting stock or value.
TCJA & GILTI: what changed for tax year 2026
The original GILTI rules were introduced by the Tax Cuts and Jobs Act (TCJA) in 2017 under Section 951A of the Internal Revenue Code. The OBBBA made the 2026 restructuring official, renaming the regime and updating its core mechanics.
Key changes effective for tax years beginning after December 31, 2025:
- Regime renamed from GILTI to Net CFC Tested Income (NCTI)
- §250 deduction amended – the Act replaces the prior percentages with 33.34% and 40% (previously 37.5% and 50%), effective for taxable years beginning after December 31, 2025 (Public Law 119–21)
- Effective corporate rate rises to approximately 12.6% – reflecting the 40% §250 deduction that applies to NCTI (21% × 60% = 12.6%). The Act also adjusts a separate §250 percentage to 33.34% for another income category; which paragraph applies depends on the specific income type
- Indirect FTC cap raised from 80% to 90% for corporations and §962 individuals – per §960(d)(1), effective for taxable years beginning after December 31, 2025. The Act also disallows 10% of FTC on distributions of previously-taxed NCTI
- Transition caution: Prior-year planning built around the old deduction percentages or 80% FTC limit may need revisiting
Who is subject to the NCTI tax?
The NCTI tax applies to US shareholders of controlled foreign corporations. Eligibility depends on a few layered factors, so here is a quick checklist:
- Foreign corporation? The entity must be incorporated outside the US.
- CFC status? More than 50% of the corporation must be owned by US shareholders.
- US shareholder? You must own at least 10% of the CFC's voting stock or value – directly, indirectly, or constructively.
- Individual or corporate owner? Both are subject, but rates, deductions, and credit availability differ significantly.
Indirect and constructive ownership count. You don't need to be the direct record owner to fall within scope. Form 5471 obligations often catch shareholders who didn't realize they had a reporting requirement. US shareholders must include their pro-rata share of net CFC tested income annually, even if no cash has left the foreign entity.
GILTI vs. Subpart F income
Both regimes tax foreign earnings before any distribution, but they work differently.
| NCTI (former GILTI) | Subpart F | |
|---|---|---|
| Trigger | Positive net CFC tested income – QBAI/NDTIR carve-out removed for tax years beginning after December 31, 2025 (P.L. 119-21) | Specific passive or related-party income types |
| Income covered | Tested income included under §951A after current exclusions; for tax years beginning after December 31, 2025, the old QBAI carve-out no longer applies | Dividends, interest, royalties, rents, FBCI |
| Timing | Annual inclusion, no distribution required | Annual inclusion, no distribution required |
| Common forms/planning | Form 8992, §250 deduction, §962 election, FTC | Form 5471, high-tax exception, Subpart F planning |
Section 951A remains in place, but for tax years beginning after December 31, 2025, P.L. 119-21 renames the inclusion net CFC tested income, removes the old QBAI carve-out from §951A, changes the Section 250 deduction percentages to 33.34% and 40%, and raises the deemed-paid FTC percentage on §951A inclusions from 80% to 90%.
Subpart F has been in the code since the 1960s. NCTI income is excluded from Subpart F calculations to prevent double taxation – the two regimes are sequential, not overlapping.
How does NCTI/GILTI work?
The regime is easiest to understand in three steps before getting into the technical details.
- Find tested income/loss – calculate each CFC's gross tested income, net of allowable deductions.
- Apply the revised §951A mechanics – unlike pre-2026 GILTI, there is no longer a 10% QBAI "routine return" subtraction. The Act eliminates that carve-out, so NCTI is computed directly from the CFC's tested income under the revised §951A rules.
- Apply rate, deduction, and FTC mechanics – under the 2026 rules: 40% 250 deduction for NCTI (yielding an approximate 12.6% effective US corporate rate before credits), and a 90% indirect FTC cap for qualifying corporate/§962 treatment.
NCTI (ex-GILTI) tax calculation
The GILTI formula has changed under the new law. Under pre-2026 GILTI, the GILTI computation subtracted a routine return on tangible assets from tested income. That mechanism no longer applies.
Under the revised §951A, NCTI is computed directly from each CFC's tested income – without the pre-2026 deemed 10% return (QBAI) subtraction or the prior interest offset. The precise technical computation follows the amended code language and IRS guidance; Form 8992 will reflect the updated line-up.
The core building block remains the same – net CFC tested income, which is gross CFC income excluding Subpart F income, income effectively connected with US trade or business, related-party dividends, and foreign oil and gas extraction income. What changed is how much of that income gets pulled into the taxable base.
Without the QBAI carve-out, the GILTI tax calculation now captures more CFC income than it did before – a business that previously stayed below the inclusion threshold may no longer do so under the 2026 rules. Each CFC's figures are still calculated separately before being aggregated at the shareholder level.
NCTI tax rate
How the rate applies depends on who owns the CFC.The GILTI tax rate structure has changed significantly under the 2026 rules – here is how the old and new frameworks compare.
Corporate shareholders – pre-2026 vs. 2026+:
| Pre-2026 (TCJA) | 2026+ (OBBBA) | |
|---|---|---|
| §250 deduction | 50% | 40% |
| Effective corporate rate | 10.5% | 12.6% |
| Indirect FTC cap | 80% | 90% |
For individual shareholders, the picture is less favorable without planning. Without a Section 962 election, individuals pay at ordinary income rates – up to 37% – with no §250 deduction and no indirect FTC.
Under the new law, an individual making a §962 election will generally access the corporate treatment for NCTI – including the 40% §250 deduction applicable to NCTI – and may therefore realize the lower corporate effective rate, subject to FTC and §962 mechanics.
High-tax exception
Income already subject to a sufficiently high foreign rate can be excluded from the NCTI calculation entirely. The threshold is 18.9% – 90% of the 21% US corporate rate. If a CFC's income is taxed above that level, an annual election can exclude it from the GILTI income inclusion. The election applies on a country-by-country basis, requiring careful analysis across a multinational's full structure.
Best for/risky when:
| Best for | CFCs in high-tax jurisdictions (Germany, France, UK) with stable effective rates above 20% |
| Best for | Businesses with predictable foreign tax positions across a full year |
| Risky when | The effective foreign rate hovers just above 18.9% – small changes can eliminate the exception |
| Risky when | CFC has income across multiple jurisdictions with blended rates that dip below the threshold |
NCTI foreign tax credit limitation
Foreign tax credits (FTCs) are the primary tool for avoiding double taxation on NCTI income, but the regime imposes specific limits on how they can be used.
Under the 2026 rules:
- Corporations and §962 individuals: The indirect FTC cap on NCTI rises to 90% (up from 80% under the TCJA-era GILTI foreign tax credit framework), effective for tax years beginning after December 31, 2025.
- Individuals without §962: No indirect FTC is available on NCTI income.
- Separate basket: Foreign tax credit GILTI (now NCTI) credits sit in their own limitation basket and cannot offset taxes on other foreign income.
- FTC carryovers: NCTI continues to be treated in its own limitation basket. Foreign taxes attributable to NCTI are restricted in use and – as before – do not flow through the normal FTC carryback/carryforward mechanics available to most other baskets. Consult §904/§960 guidance for the detailed allocation rules.
The 90% cap is a meaningful improvement for corporations in moderately high-tax jurisdictions, though double taxation can still occur when foreign rates push well above the US effective rate. For individuals considering the §962 route, Form 1116 mechanics interact with the NCTI basket in ways that need careful modeling before the election is made.
How to report NCTI
Reporting net CFC tested income uses a specific set of forms, each serving a different purpose. Missing one can mean significant penalties.
Filing overview:
| Form | Who files | What it does |
|---|---|---|
| Form 8992 | US shareholders with CFC-tested income | Reports NCTI / GILTI calculations under revised §951A – QBAI no longer reduces the base for tax years beginning after December 31, 2025; form is being updated by IRS |
| Form 5471 | US persons with CFC ownership or control | Documents CFC ownership and financial data |
| Form 8993 | Corporate shareholders claiming §250 deduction |
Calculates and claims the deduction |
All forms are due with the taxpayer's annual return, extensions included. Late or incomplete Form 5471 filings carry a $10,000 penalty per form per year, and that amount increases with continued non-compliance.
Tested losses from prior years cannot offset current-year tested income, which can create a GILTI income inclusion even when a CFC's cumulative net income is zero. At the state level, treatment varies – some states conform to federal NCTI rules, others exclude the income entirely, or apply their own approach.
Section 962 election
The Section 962 election allows individual shareholders to be taxed as if they held their CFC interests through a US corporation. For tax years beginning after December 31, 2025, the parameters under the new framework are:
- A §962 individual who elects corporate treatment will generally access the 40% §250 deduction applicable to NCTI. The 33.34% §250 deduction applies to FDDEI, the successor to FDII.
- Corporate rate of 21% instead of individual rates up to 37%
- 90% indirect FTC cap (up from 80%)
When it often helps/when it may backfire:
| NOTES | |
|---|---|
| Often helps | CFC pays meaningful foreign taxes – FTC offsets most or all US liability |
| Often helps | An individual faces a high marginal rate, and the deduction significantly reduces the taxable base |
| May backfire | A second layer of tax applies when earnings are eventually distributed as dividends |
| May backfire | If foreign tax rates are very low, the FTC provides minimal relief, and the deduction alone may not justify the election |
Given the post-2025 changes to both the deduction rate and the FTC cap, prior-year §962 analyses may no longer hold. It is worth revisiting any existing planning before filing.
Salary compensation
Paying a reasonable salary to a US shareholder who actively works in the CFC can shift income out of the tested income pool and into direct ordinary income, reducing the NCTI base.
NOTE! QBAI/the 10% deemed return no longer applies under the post-2025 rules.
Consider a concrete example: a shareholder who owns 100% of a foreign consulting CFC generating $800,000 in net income. If they pay themselves a $200,000 market-rate salary, the CFC's tested income drops by that amount, reducing the NCTI base.
The main guardrail is that compensation must be commercially reasonable and compliant with local employment laws – artificially inflated salaries will not hold up to IRS scrutiny.
Examples of NCTI in action
The rules become clearer with numbers. All examples below apply 2026 mechanics: no QBAI carve-out, 40% §250 deduction, and 90% FTC cap.
Example 1: Corporate shareholder in a low-tax jurisdiction
TechCorp USA owns 100% of TechCorp Singapore, which earns $10 million annually from software licensing. Under post-2025 rules, the QBAI carve-out no longer applies – the full tested income enters the calculation.
NCTI calculation:
- Tested income: $10,000,000
- §250 deduction (40%): $4,000,000
- Taxable NCTI: $6,000,000
- US tax before credits (21%): $1,260,000
- Singapore taxes paid (5%): $500,000
- Deemed-paid FTC (90%): $450,000
- Final US tax: $810,000
Compared to the pre-2026 framework, the result is higher – both because the QBAI exclusion is gone and because the deduction is now 40%, not 50%.
Example 2: Individual shareholder with and without Section 962
Dr. Jones owns 15% of a foreign medical research CFC generating $5M in income. Foreign tax rate: 10%. With the QBAI carve-out repealed, his full $750,000 share of tested income is included.
| Component | Without §962 | With §962 (2026) |
|---|---|---|
| NCTI inclusion | $750,000 | $750,000 |
| §250 deduction (40%) | N/A | $300,000 |
| Taxable NCTI | $750,000 | $450,000 |
| US tax rate | 37% | 21% |
| US tax before credits | $277,500 | $94,500 |
| FTC available | $0 | $67,500 (90% × $75,000) |
| Final US tax | $277,500 | $27,000 |
Example 3: CFC with high foreign taxes
ManufactureCo USA owns a German subsidiary with $4M in income and a German corporate tax rate of 30%.
- Threshold for high-tax exception: 21% × 90% = 18.9%
- German rate (30%) exceeds 18.9% – high-tax exception applies
- No NCTI inclusion; no US tax on this income
The election must be made annually and applied on a country-by-country basis.
Need help with compliance?
Navigating the complexities of GILTI tax rules requires specialized expertise. Our team of international tax professionals can help you understand your tax obligations, identify planning opportunities, and ensure full compliance with all reporting requirements.
We provide comprehensive services, including:
- calculations and projections
- Section 962 election analysis
- foreign tax credit optimization
- state-level compliance
- CFC restructuring advice
FAQ
Global Intangible Low-Taxed Income (GILTI) was the name of the regime introduced by the TCJA in 2017. The US GILTI regime was officially renamed NCTI (Net CFC Tested Income) effective for tax years beginning after December 31, 2025, under the OBBBA. The deduction rate, FTC cap, and effective rates all changed – and critically, the QBAI routine return carve-out has been repealed, broadening the taxable base.
For corporate shareholders, the effective rate is approximately 12.6%, reflecting the 40% 250 deduction applicable to NCTI applied against the 21% corporate rate (21% × 60% = 12.6%). Individuals without a 962 election face ordinary income rates up to 37%.
It allows individuals to be taxed at the corporate level, claiming the 250 deduction and indirect FTCs. Under P.L. 119-21, the 250 deduction for NCTI is 40% (not 37.5%), with qualifying deemed-paid FTCs available up to 90% of foreign taxes.
The indirect FTC cap increased from 80% to 90% for corporations and 962 individuals for tax years beginning after December 31, 2025. The separate basket and no-carryforward rules remain unchanged.
The three core forms are Form 8992 (NCTI calculation), Form 5471 (CFC information return), and Form 8993 (250 deduction claim for corporate shareholders).
No. Each year's calculation stands alone. Tested losses from one year cannot offset tested income in a later year. For a broader GILTI overview and how the pre-2026 rules compared, see the sections above.
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