- 132 - conditions described supra and therefore is not treated as effectively connected with the taxpayer’s active conduct of a banking, financing or similar business in the United States, still "may be effectively connected * * * [pursuant to section 1.864-6(b)(2)(ii)(a), Income Tax Regs.] for the taxable year * * * with the conduct by such taxpayer of a trade or business in the United States which consists of trading in stocks or securities for the taxpayer’s own account." Sec. 1.864-6(b)(2)(ii)(d)(1), Income Tax Regs. The last category of income consists of "dividends or interest from sources without the United States * * * derived in the active conduct of a banking, financing, or similar business in the United States" other than dividends or interest from, or gain or loss from the sale or exchange of, stocks or securities described in the first category supra pp. 123-124. Sec. 1.864- 6(b)(2)(ii)(d)(2), Income Tax Regs. That category of dividends and interest is subject to the same requirements as dividends and interest of a taxpayer not engaged in the active conduct of a banking, financing, or similar business. Id. Accordingly, the dividends or interest is treated as effectively connected if the taxpayer has "an office or other fixed place of business within the United States to which such * * * [dividends or interest is] attributable." Sec. 864(c)(4)(B); see sec. 1.864-6(b)(2)(ii)(a), Income Tax Regs.Page: Previous 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 Next
Last modified: May 25, 2011