Amoco Corporation (Formerly Standard Oil Company (Indiana) and Affiliated Corporations - Page 81

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               901 and 903 is the person on whom foreign law imposes                  
               legal liability for such tax, even if another person                   
               (e.g., a withholding agent) remits such tax.  * * *                    
                    (2)  Party undertaking tax obligation as part of                  
               transaction--(i)  In general.  Tax is considered paid                  
               by the taxpayer even if another party to a direct or                   
               indirect transaction with the taxpayer agrees, as a                    
               part of the transaction, to assume the taxpayer's                      
               foreign tax liability.  The rules of the foregoing                     
               sentence apply notwithstanding anything to the contrary                
               in paragraph (e)(3) of this section.  See � 1.901-2A                   
               for additional rules regarding dual capacity taxpayers.                
                    (ii)  Examples.  The provisions of paragraphs                     
               (f)(1) and (f)(2)(i) of this section may be illustrated                
               by the following examples:                                             
                              *   *   *   *   *   *   *                               
                    Example (3).  Country X imposes a tax called the                  
               "country X income tax."  A, a United States person                     
               engaged in construction activities in country X, is                    
               subject to that tax.  Country X has contracted with A                  
               for A to construct a naval base.  A is a dual capacity                 
               taxpayer (as defined in paragraph (a)(2)(ii)(A) of this                
               section) and, in accordance with paragraphs (a)(1) and                 
               (c)(1) of � 1.901-2A, A has established that the                       
               country X income tax as applied to dual capacity                       
               persons and the country X income tax as applied to                     
               persons other than dual capacity persons together                      
               constitute a single levy.  A has also established that                 
               that levy is an income tax within the meaning of                       
               paragraph (a)(1) of this section.  Pursuant to the                     
               terms of the contract, country X has agreed to assume                  
               any country X tax liability that A may incur with                      
               respect to A's income from the contract.  For federal                  
               income tax purposes, A's income from the contract                      
               includes the amount of tax liability that is imposed by                
               country X on A with respect to its income from the                     
               contract and that is assumed by country X; and for                     
               purposes of section 901 the amount of such tax                         
               liability assumed by country X is considered to be paid                
               by A.  By reason of paragraph (f)(2)(i) of this                        
               section, country X is not considered to provide a                      
               subsidy, within the meaning of paragraph (e)(3) of this                
               section, to A.                                                         
               Section 1.901-2(g)(2), Income Tax Regs., provides:                     




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