- 11 - income tax treaty between the United States and the Netherlands, as extended to the Netherlands Antilles (Treaty), provided the following: (1) Interest on bonds, notes, debentures, securities, deposits or any other form of indebtedness * * * paid to a resident or corporation of one of the Contracting States shall be exempt from tax by the other Contracting State. [Convention with Respect to Taxes, Apr. 29, 1948, U.S.--The Neth., art. VIII, 62 Stat. 1757, 1761, supplemented by Protocol, Oct. 23, 1963, 15 U.S.T. 1900, modified by Supplementary Convention, Dec. 30, 1965, 17 U.S.T. 896, 901.] In light of this Treaty provision, if petitioner's interest payments are recognized as having been paid to Finance, Finance would not be liable for the tax imposed by section 871(a)(1), and petitioner would be under no obligation to withhold tax pursuant to section 1441. Respondent determined that petitioner was required to withhold taxes pursuant to section 1441 on the interest payments to the Euronote holders. Respondent's position is based on the proposition that Finance should be ignored and that petitioner should be viewed as having paid interest directly to the Euronote holders. Respondent argues that Finance was a mere conduit or agent in the borrowing and interest-paying process. Petitioner formed Finance for the purpose of borrowing money in Europe and lending money to petitioner. Normally, a choice to transact business in corporate form will be recognized for tax purposes so long as there is a business purpose or thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011