- 133 - For purposes of section 864(c)(4)(B), three rules apply in determining whether the taxpayer has "an office or other fixed place of business within the United States to which such income, gain, or loss is attributable". Sec. 864(c)(5). The first rule is: in determining whether a nonresident alien individual or a foreign corporation has an office or other fixed place of business, an office or other fixed place of business of an agent shall be disregarded unless such agent (i) has the authority to negotiate and conclude contracts in the name of the nonresident alien individual or foreign corporation and regularly exercises that authority or has a stock or merchandise from which he regularly fills orders on behalf of such individual or foreign corporation, and (ii) is not a general commission agent, broker, or other agent of independent status acting in the ordinary course of his business. * * * [Sec. 864(c)(5)(A).] The regulations promulgated thereunder are set forth supra pp. 69-72. The second rule is: income, gain, or loss shall not be considered as attributable to an office or other fixed place of business within the U.S. unless such office or fixed place of business is a material factor in the production of such income, gain or loss and such office or fixed place of business regularly carries on activities of the type from which such income, gain, or loss is derived. * * * [Sec. 864(c)(5)(B)] See also sec. 1.864-6(b)(1), Income Tax Regs. Additionally, the income, gain, or loss must be "realized in the ordinary course of the trade or business carried on through that office or other fixed place of business." Sec. 1.864-6(b)(1), Income Tax Regs. The regulations provide guidance in applying the materialPage: Previous 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 Next
Last modified: May 25, 2011