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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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934-940.asc
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1993-08-27
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934. Limitation on reduction in income tax liability incurred to
the Virgin Islands
(a) General rule. -- Tax liability incurred to the Virgin
Islands pursuant to this subtitle, as made applicable in the
Virgin Islands by the Act entitled "An Act making appropriations
for the naval service for the fiscal year ending June 30, 1922,
and for other purposes", approved July 12, 1921 (48 U.S.C. 1397),
or pursuant to section 28(a) of the Revised Organic Act of the
Virgin Islands, approved July 22, 1954 (48 U.S.C. 1642), shall
not be reduced or remitted in any way, directly or indirectly,
whether by grant, subsidy, or other similar payment, by any law
enacted in the Virgin Islands, except to the extent provided in
subsection (b).
(b) Reductions permitted with respect to certain income. --
(1) In general. -- Except as provided in paragraph (2),
subsection (a) shall not apply with respect to so much of the tax
liability referred to in subsection (a) as is attributable to
income derived from sources within the Virgin Islands or income
effectively connected with the conduct of a trade or business
within the Virgin Islands.
(2) Exception for liability paid by citizens or residents
of the United States. -- Paragraph (1) shall not apply to any
liability payable to the Virgin Islands under section 932(b).
(3) Special rule for non-United States income of certain
foreign corporations. --
(A) In general. -- In the case of a qualified foreign
corporation, subsection (a) shall not apply with respect to so
much of the tax liability referred to in subsection (a) as is
attributable to income which is derived from sources outside the
United States and which is not effectively connected with the
conduct of a trade or business wihtin the United States.
(B) Qualified foreign corporation. -- For purposes of
subparagraph (A), the term "qualified foreign corporation" means
any foreign corporation if less than 10 percent of --
(i) the total voting power of the stock of such
corporation, and
(ii) the total value of the stock of such corproation, is
onwed or treated as owned (wihtin the meaning of section 958) by
1 or more United States persons.
(4) Determination of income source, etc. -- The
determination as to whether income is derived from sources within
the Virgin Islands or the United States or is effectively
connected with the conduct of a trade or business within the
Virgin Islands or the United States shall be made under
regulations prescribed by the Secretary.
934A. Repealed.
935. Repealed.
936. Puerto Rico and possession tax credit
(a) Allowance of credit. --
(1) In general. -- Except as provided in paragraph (3), if
a domestic corproation elects the application of this section and
if the conditions of both subparagraph (A) and subparagraph (B)
of paragraph (2) are satisfied, there shall be allowed as a
credit against the tax imposed by this chapter an amount equal to
the portion of the tax which is attributable to the sum of --
(A) the taxable income, from sources without the United
States, from --
(i) the active conduct of a trade or business within a
possession of the United States, or
(ii) the sale or exchange of substantially all of the assets
used by the taxpayer in the active conduct of such trade or
business, and
(B) the qualified possession source investment income.
(2) Conditions which must be satisfied. -- The conditions
referred to in paragraph (1) are:
(A) 3-year period. -- If 80 percent or more of the gross
income of such domestic corporation for the 3-year period
immeidatley preceding the close fo the taxable eyar (or for such
part of such period immediately preceding the close of such
taxable year as may be applicable) was derived from sources
within a possession of the United States (determined without
regard to section 904(f); and
(B) Trade or business. -- If 75 percent or more of the
gross income of such domestic corporation for such period or such
part thereof was derived from the active conduct of a trade or
business within a possession of the United States.
(3) Credit not allowed against certain taxes. -- The credit
provided by paragraph (1) shall not be allowed against the tax
imposed by --
(A) section 59A (relating to environmental tax),
(B) section 531 (relating to the tax on accumulated
earnings),
(C) section 541 (relating to personal holding company tax),
or
(D) section 1351 (relating to recoveries of foreign
expropriation losses).
(b) Amounts received in United States. -- In determining
taxable income for purposes of subsection (a), there shall not be
taken into account as income from sources without the United
States any gross income which was received by suchdomestic
corporation within the United states, whether derived from
sources within or wihtout the United states. The subsection
shall not apply to any amount described in subsectin (a)(1)(A)(i)
received from a person who is not a realted person (within the
meaning of subsection (h)(3) but without regard to subparagraphs
(D)(ii)(I) and (E)(i) thereof) with respect to the domestic
corporation.
(c) Treatment of certain foreign taxes. -- For purposes of
this title, any tax of a foreign country or a possession of the
United States which is paid or accrued with respect to taxable
income which is taken into account in computing the credit under
subsection (a) shall not be treated as income, war profits, or
excess profits taxes paid or accrued to a foreign country or
possession of the United States, and no deduction shall be
allowed under this title with respect to any amounts so paid or
accrued.
(d) Definitions and special rules. -- For purposes of this
section --
(1) Possession. -- The term "possession of the United
States" includes the Commonwealth of Puerto Rico and the Virgin
Islands.
(2) Qualified possession source investment income. -- The
term "qualified posession source investment income" means gross
income which --
(A) is from sources within a possession of the United
States in which a trade or business is actively conducted, and
(B) the taxpayer established to the satisfaction of the
Secretary is attributable to the investment in such possession
(for use therein) of funds derived from the active conduct of a
trade or business in such possession, or from such investment,
less the deductins properly apportioned or allocated thereto.
(3) Carryover basis property. --
(A) In general. -- Income from the sale or exchange of any
asset the basis of which is determined in whole or in part by
reference to its basis in the hands of another person shall not
be treated as income described in subparagraph (A) or (B) of
subsection (a)(1).
(B) Exception for possessions corporations, etc. -- For
purposes of subparagraph (A), the holding of any asset by another
person shall not be taken incot account if throughout the period
for which such asset was held by such person section 931, this
section, or secction 957(c) (as in effect on the day before the
date of the enactment of the Tax Reform Act of 1986) applied to
such person.
(4) Investment in qualified Caribbean Basin countries. --
(A) In general. -- For purposes of paragraph (2)(B), an
investment in a financial institution shall, subject to such
conditions as the Secretary may prescribe by regulations, be
treated as for use in Puerto Rico to the extent used by such
financial institution (or by the Government Development Bank for
Puerto Rico or the Puerto Rico Ecnomic Development Bank) --
(i) for investment, consistent with the golas and purposes
of the Caribbean Basin Economic Recovery Act, in --
(I) active business assets in a qualified Caribbena Basin
country, or
(II) development projects in a qualified Caribbean Basin
country, and
(ii) in accordance with a specific authorization granted by
the Commissioner of Financial Institutions of Puerto Rico
pursuant to regulations issued by such Commissioner.
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