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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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893-902.asc
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1993-08-27
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893. Compensation of employees of foreign governments or
international organizations
(a) Rule for exclusions. -- Wages, fees, or salary of any
employee of a foreign government or of an international
organization (including a consular or other officer, or a
nondiplomatic representative), received as compensation for
official services to such government or international
organization shall not be included in gross income and shall be
exempt from taxation under this subtitle if --
(1) such employee is not a citizen of the United States, or
is a citizen of the Republic of the Philippines (whether or not a
citizen of the United States); and
(2) in the case of an employee of a foreign government, the
services are of a character similar to those performed by
employees of the Government of the United States in foreign
countries; and
(3) in the case of an employee of a foreign government, the
foreign government grants an equivalent exemption to employees of
the Government of the United States performing similar services
in such foreign country.
(b) Certificate by Secretary of State. -- The Secretary of
State shall certify to the Secretary of the Treasury the names of
the foreign countries which grant an equivalent exemption to the
employees of the Government of the United States performing
services in such foreign countries, and the character of the
services performed by employees of the Government of the United
States in foreign countries.
(c) Limitation on exclusion. -- Subsection (a) shall not
apply to --
(1) any employee of a controlled commercial entity (as
defined section 892(a)(2)(B)), or
(2) any employee of a foreign government whose services are
primarily in connection with a commercial activity (whether
within or outside the United States) of the foreign government.
894. Income affected by treaty
(a) Treaty provisions. --
(1) In general. -- The provisions of this title shall be
applied to any taxpayer with due regard to any treaty obligation
of the United States which applies to such taxpayer.
(2) Cross reference. --
For relationship between treaties and this title, see
section 7852(d).
(b) Permanent establishment in United States. -- For
purposes of applying any exemption from, or reduction of, any tax
provided by any treaty to which the United States is a party with
respect to income which is not effectively connected with the
conduct of a trade or business within the United States, a
nonresident alien individual or a foreign corporation shall be
deemed not to have a permanent establishment in the United States
at any time during the taxable year. This subsection shall not
apply in respect of the tax computed under section 877(b).
895. Income derived by a foreign central bank of issue from
obligations of the United States or from bank deposits
Income derived by a foreign central bank of issue from
obligations of the United States or of any agency or
instrumentality thereof (including beneficial interests,
participations, and other instruments issued under section 302(c)
of the Federal National Mortgage Association Charter Act (12
U.S.C. 1717)) which are owned by such foreign central bank of
issue, or derived from interest on deposits with persons carrying
on the banking business, shall not be included in gross income
and shall be exempt from taxation under this subtitle unless such
obligations or deposits are held for, or used in connection with,
the conduct of commercial banking functions or other commercial
activities. For purposes of the preceding sentence the Bank for
International Settlements shall be treated as a foreign central
bank of issue.
896. Adjustment of tax on nationals, residents, and corporations
of certain foreign countries
(a) Imposition of more burdensome taxes by foreign country.
--
Whenever the President finds that --
(1) under the laws of any foreign country, considering the
tax system of such foreign country, citizens of the United States
not residents of such foreign country or domestic corporations ar
ebeing subjected to more burdensome taxes, on any item of income
received by such citizens or corporations from sources within
such foreign country, than taxes imposed by the provisions of
this subtitle on similar income derived from sources wihtin the
Untied States by residents or corporations of such foreign
country.
(2) such foreign country, when requested by the United
States to do so, has not acted to revise or reduce such taxes so
that they are no more burdensome than taxes imposed by the
provisons of this subtitle on similar income derived from sources
wihtin the United States by residents or corproations if such
foreign country, and
(3) it is in the public intereste to apply pre-1967 tax
provisons in accordance with the provisions of this subsection to
residents or corporations of such foreign country,
the President shall proclaim that the tax on such similar income
derived from sources within the United States by residents or
corporatins of such foreign country shall, for taxable years
beginning after such proclamation, be determined under this
subtitle without regard to amendments made to this subchapter and
chapter 3 on or after the date of enactment of this section.
(b) Impositon of discriminatory taxes by foreign country.
-- Whenever the President finds that --
(1) under the laws of any foreign country, citizens of the
United States or domestic corporations (or any class of such
citizens or corporations) are, with respect to any item of
income, being subjected to a higher effective rate of tax than
are nationals, residents, or corproations of such foreign country
(or a similar class of such nationals, residents, or
corporations) under similar circumstances;
(2) such foreign country, when requested by the United
States to do so, has not acted to eliminate such higher effective
rate of tax; and
(3) it is in the public interest to adjust, in accordance
with the provisions of this subsection, the effective rate of tax
imposed by this subtitle on similar income of nationals,
residents, or corporations of such foreign country (or such
similar class of such nationals, residents, or corporations),
the President shall proclaim that the tax on similar income of
nationals, residents, or coprorations of such foreign country (or
such similar class of such nationals, residents, or corporations)
shall, for taxable years begninning after such proclamation, be
adjusted so as to cause the effective rate of tax imposed by this
subtitle on such similar income to be substantially equal to the
effective rate of tax imposed by such foreign country on such
item of income of citizens of the United States or domestic
corporations (or such class of citizens or corporations). In
implementing a proclamation made under this subsection, the
effective rate of tax imposed by this subtitle on an item of
income may be adjusted by teh disallowance, in whole or in part,
of any deduction, credit, or exemption which would otherwise be
allowed with respect to that item of incoem or by increasing the
rate of tax otherwise applicable to that item of income.
(c) Alleviation of more burdensome or discriminatory
taxes.--
Whenever the President finds that --
(1) the laws of any foreign country with respect to which
the President has made a proclamation under subsection (a) have
been modified so that citizens of the United States not residents
of such foreign country or domestic corporations are no longer
subject to more burdensome taxes on the item of income derived by
such foreign country, or
(2) the laws of any foreign country with respect to which
the President has made a proclamation under subsection (b) have
been modified so that citizens of the United States or domestic
corporations (or any class of such citizens or corporations) are
no longer subject to a higher effective rate of tax on the item
of income, he shall procla