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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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941-953.asc
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1993-08-27
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941 to 943. Repealed.
951. Amounts included in gross income of United States
shareholders
(a) Amounts included. --
(i) his pro rata share (determined under paragraph (2)) of
the corporation's subpart F income for such year,
(ii) his pro rata share (determined under section 955(a)(3)
as in effect before the enactment of the Tax Reduction Act of
1975) of the corporation's previously excluded subpart F income
withdraws from investment in less developed countries for such
year, and
(iii) his pro rata share (determined under section
955(a)(3)) of the corporation's previously excluded subpart F
income withdrawn from foreign base company shipping operations
for such year; and
(B) his pro rata share (determined under section 956(a)(2)
of the corporation's increase in earnings invested in United
States property for such year (but only to the extent not
excluded from gross income under section 959(a)(2)).
(2) Pro rata share of subpart F income. -- The pro rate
share referred to in paragraph (1)(A)(i) in the case of any
United States shareholder is the amount --
(A) which would have been distributed with respect to the
stock which such shareholder owns (within the meaning of section
958(a)) in such corporation if on the last day, in its taxable
year, on which the corporation is a controlled foreign
corporation it had distributed pro rata to its shareholders an
amount (i) which bears the same ratio to its subpart F income for
the taxable year, as (ii) the part of such year during which the
corporation is a controlled foreign corporation bears to the
entire year, reduced by
(B) the amount of distributions received by any other
person during such as a dividend with respect to such stock, but
only to the extent of the dividend which would have been received
if the distribution by the corporation had been the amount (i)
which bears the same ratio to the subpart F income of such
corporation for the taxable year, as (ii) the part of such year
during which such shareholder did not own (within the meaning of
section 958(a)) such stock bears to the entire year.
(3) Limitation on pro rata share of previously excluded
subpart F income withdrawn from investment. -- For purposes of
paragraph (1)(A)(iii), the pro rata share of any United States
shareholder of the previously excluded subpart F income of a
controlled foreign corporation withdrawn from investment in
foreign base company shipping operations shall not exceed an
amount --
(A) which bears the same ratio to his pro rata share of
such income withdrawn (as determined under section 955(a)(3)) for
the taxable year, as
(B) the part of such year during which the corporation is a
controlled foreign corporation bears to the entire year.
(4) Limitation on pro rata share of investment in United
States property. -- For purposes of paragraph (1)(B), the pro
rata share of any United States shareholder in the increase of
the earnings of a controlled foreign corporation invested in
United States property shall not exceed an amount (A) which bears
the same ratio to his pro rata share of such increase (as
determined under section 956(a)(2)) for the taxable year, as (B)
the part of such year during which the corporation is a
controlled foreign corporation bears to the entire year.
(b) United States shareholder defined. -- For purposes of
this subpart, the term "United States shareholder" means, with
respect to any foreign corporation, a United States Person (as
defined in section 957(c)) who owns (within the meaning of
section 958(a)), or is considered as owning by applying the rules
of ownership of section 958(b), 10 percent of more of the total
combined voting power of all classes of stock entitled to vote of
such foreign corporation.
(c) Coordination with election of a foreign investment
company to distribute income. -- A United States shareholder
who, for his taxable year, is a qualified shareholder (within the
meaning of section 1247(c)) of a foreign investment company with
respect to which an election under section 1247 is in effect
shall not be required to include in gross income, for such
taxable year, any amount under subsection (a) with respect to
such company.
(d) Coordination with foreign personal holding company
provisions. -- If, but for this subsection, an amount would be
included in the gross income of a United States shareholder for
any taxable year both under subsection (a)(1)(A)(i) and under
section 551(b) (relating to foreign personal holding company
income included in gross income of Untied States shareholder),
such amount shall be included in the gross income of such
shareholder only under subsection (a)(1)(A).
(e) Foreign trade income not taken into account. --
(1) In general. -- The foreign trade income of a FSC and
any deductions which are apportioned or allocated to such income
shall not be taken into account under this subpart.
(2) Foreign trade income. -- For purposes of this
subsection, the term "foreign trade income" has the meaning given
such term by section 923(b), but does not include section
923(a)(2) nonexempt income (within the meaning of section
927(d)(6)).
(f) Coordination with passive foreign investment company
provisions. -- If, but for this subsection, an amount would be
included in the gross income of a United States shareholder for
any taxable year both under subsection (a)(1)(A)(i) and under
section 1293 (relating to current taxation of income from certain
passive foreign investment companies), such amount shall be
included in the gross income of such shareholder only under
subsection (a)(1)(A).
952. Subpart F income defined
(a) In general. -- For purposes of this subpart, the term
"subpart F income" means, in the case of any controlled foreign
corporation, the sum of --
(1) insurance income (as defined under section 953),
(2) the foreign base company income (as determined under
section 954),
(3) an amount equal to the product of --
(A) the income of such corporation other than income which
--
(i) is attributable to earnings and profits of the foreign
corporation included in the gross income of a United States
person under section 951 (other than by reason of this
paragraph), or
(ii) is described in subsection (b),
multiplied by
(B) the international boycott factor (as determined under
section 999),
(4) the sum of the amounts of any illegal bribes,
kickbacks, or other payments (within the meaning of section
162(c)) paid by or on behalf of the corporation during the
taxable year of the corporation directly or indirectly in an
official, employee, or agent in fact of a government, and
(5) the income of such corporation derived from any foreign
country during any period during which section 901(j) applies to
such foreign country.
The payments referred to in paragraph (4) are payments which
would be unlawful under the Foreign Corrupt Practices Act of 1977
of the payor were a United States person. For purposes of
paragraph (5), the income described therein shall be reduced,
under regulations prescribed by the Secretary, so as to take into
account deductions (including taxes) properly allocable to such
income.
(b) Exclusion of United States income. -- In the case of a
controlled foreign corporation, subpart F income does not include
any item of income from sources within the United States which
is effectively connected with the conduct by such corporation of
a trade or business within the United States unless such item is
exempt from taxation (or is subject to a reduced rate of tax)
pursuant to a treaty obligation of the United states. For
purposes of the preceding sentence, income described in paragraph
(2) or (3) of section 921(d) shall be treated as derived form
sources within the United states.
(c) Limitation. --
(1) In general. --
(A) Subpart F income limited to current earnings and
profits. -- For purposes of subsection (a), the subpart F income
of