The Coca-Cola Company, and Includible Subsidiaries - Page 11

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          here, formulas, processes, trademarks, trade names, brand names,            
          franchises, licenses and contracts, methods, programs, systems,             
          procedures, campaigns, surveys, studies, forecasts, customer                
          lists, and technical data.  Sec. 936(h)(3)(B)(i),(iii), (iv),               
          (v).  The formula for beverage bases or concentrates for various            
          soft drinks and syrups is considered intangible property under              
          section 936(h)(3)(B).  See also sec. 1.936-5(a), A-6, Example               
          (1)(A), Income Tax Regs.                                                    
               In the absence of an election under section 936(h)(5),                 
          intangible property income is taxed to the U.S. shareholders of             
          the possessions corporation.  If a possessions corporation makes            
          a valid election, its active trade or business income with                  
          respect to the product for which the election is made is computed           
          in accordance with the method elected.  CRI elected the "profit-            
          split" method under section 936(h)(5)(C)(ii).                               
               Under the profit-split method, the taxable income of the               
          "electing corporation", with respect to a product produced in a             
          possession, is deemed to be 50 percent of the "combined taxable             
          income" of the "affiliated group" derived from sales of the                 
          product to nonaffiliates or to foreign affiliates.3  The                    

               3The term "electing corporation" means a domestic                      
          corporation for which an election under sec. 936 is in effect.              
          Sec. 936(h)(5)(E).  The term "affiliated group" means the                   
          electing corporation and all other organizations, trades, or                
          businesses (whether or not incorporated, whether or not organized           
          in the United States, and whether or not affiliated) owned or               
          controlled directly or indirectly by the same interest, within              
                                                             (continued...)           




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Last modified: May 25, 2011