- 130 - to whether or not such asset or such income, gain, or loss was accounted for through such trade or business." Sec. 864(c)(2). The regulations provide that the business-activities test is of primary significance in cases in which: (a) dividends or interest are derived by a dealer in stocks or securities, (b) gain or loss is derived from the sale or exchange of capital assets in the active conduct of a trade or business by an investment company, (c) royalties are derived in the active conduct of a business consisting of the licensing of patents or similar intangible property, or (d) service fees are derived in the active conduct of a servicing business. * * * [Sec. 1.864-4(c)(3)(i), Income Tax Regs.] The regulations, however, add that In applying the business-activities test, activities relating to the management of investment portfolios shall not be treated as activities of the trade or business conducted in the United States unless the maintenance of the investments constitutes the principal activity of that trade or business. * * * [Id.] e. Section 864(c)(4)(B) Rules for Income From Sources Without the United States Once a taxpayer is determined to be engaged in the active conduct of a banking, financing, or similar business within the meaning of section 1.864-5(b)(2)(i), Income Tax Regs.,20 then all dividends and interest from sources without the United States are 20 The test articulated in sec. 1.864-4(c)(5)(i), Income Tax Regs., regarding whether a foreign corporation is engaged in the active conduct of "a banking, financing, or similar business in the United States" is to be applied. Sec. 1.864-5(b)(2)(i), Income Tax Regs.Page: Previous 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 Next
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