- 127 - to an office or other fixed place of business within the United States. Sec. 864(c)(4)(B). Excepting foreign source income deemed effectively connected pursuant to, inter alia, section 864(c)(4)(B), no foreign source income is treated as effectively connected. Sec. 864(c)(4)(A). b. Section 1.864-4(c)(5), Income Tax Regs., Banking Activity Test Once a taxpayer is determined to be engaged in the active conduct of a banking business within the meaning of section 1.864-4(c)(5)(i), Income Tax Regs., set forth supra p. 64, then the income of the taxpayer from sources within the United States is placed in one of three categories, each of which provides an effectively connected income test. In the first category of income, any dividends or interest from stocks or securities, or any gain or loss from the sale or exchange of stocks or securities which are capital assets, which is from sources within the United States and derived by a nonresident alien individual or a foreign corporation in the active conduct during the taxable year of such banking, financing, or similar business in the United States shall be treated as effectively connected with the conduct of that business * * * [Sec. 1.864- 4(c)(5)(ii), Income Tax Regs.] only if two conditions are met: (1) "the stocks or securities giving rise to such income, gain, or loss are attributable to the U.S. office through which such business is carried on", and (2) the stocks or securities either (a) were acquired in one of three specified ways, or (b) consist of one of three specified types of securities. Id. A security for purposes of section 1.864-Page: Previous 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 Next
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