- 174 - Additionally, respondent argues that INC had signatory authority over the accounts in which funds were held, managed the investments for the funds, and was responsible for crediting the accounts of the clients from the funds. Accordingly, respondent contends that INC controlled the payment of interest and is therefore a withholding agent liable for withholding tax. In the instant case, we conclude that, in its pooled investments program, LTD was not the obligor to its clients. We have concluded, supra p. 96, that the "real business" of LTD was to enable Mexican nationals to invest their capital in non- Mexican financial markets. LTD’s clients did not place their funds with LTD as an investment in LTD; rather, LTD’s clients placed their funds with LTD as a manager, to be invested in non- Mexican financial markets per the clients’ direction. Respondent has conceded that the exemption for interest on deposits with persons carrying on the banking business applies to the interest paid on certificates of deposit in the clients’ name. We conclude that LTD’s relationship with its clients with regard to pooled investments differs in no material respect from its relationship with its clients with regard to investments purchased in the client’s name. In both investment programs, LTD had no economic interest in the pooled investments as such but only an interest in the spread between the rates earned from the investments and the rates paid by LTD to its clients. After paying to its clients their respective portions of the interestPage: Previous 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 Next
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