- 177 - Interest that is not treated as income from sources within the United States pursuant to section 861(a)(1) is treated as income from sources without the United States. Sec. 862(a)(1). Notwithstanding section 861(a)(1) and the regulations thereunder, however, certain interest is treated as income from sources without the United States. Sec. 1.861-2(b), Income Tax Regs. One type of interest that is not treated as income from sources within the United States is interest that is received by a nonresident alien individual or a foreign corporation on amounts described in section 861(c), if such interest is not effectively connected with the conduct of trade or business within the United States. Sec. 861(a)(1)(A). The amounts described in section 861(c) include, inter alia, "deposits with persons carrying on the banking business." Sec. 861(c)(1). The Code and the regulations do not define “deposits” for purposes of section 861(c). The Commissioner, however, has interpreted the term "deposits" to include, for purposes of section 861(c), "time certificates of deposit, open account time deposits, and multiple maturity time deposits, all of which are interest bearing." Rev. Rul. 72-104, 1972-1 C.B. 209, 209. The regulations provide that the phrase "persons carrying on the banking business" includes, for purposes of section 861(c), citizens of the United States or alien individuals and foreign or domestic partnerships or corporations. Sec. 1.861-2(b)(1)(a),Page: Previous 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 Next
Last modified: May 25, 2011