- 178 - Income Tax Regs.24 The regulations, however, do not define "carrying on the banking business". The Commissioner has applied the section 581 definition of "bank" to interpret the phrase "carrying on the banking business" for purposes of section 861(c). Rev. Rul. 83-176, 1983-2 C.B. 111, 112. Section 581 provides three requirements for an entity to be considered a "bank" within the meaning of the statute. The first requirement is that the entity must be "a bank or trust company incorporated and doing business under the laws of the U.S. (including laws relating to the District of Columbia) or of any State". Sec. 581. The second requirement is that a substantial part of the entity's business must consist of "receiving deposits and making loans and discounts, or of exercising fiduciary powers similar to those permitted to national banks under the authority of the Comptroller of the Currency." Id. The third requirement is that the entity must be "subject by law to supervision and examination by State * * * or Federal authority having supervision over banking institutions." Id. 24 Sec. 1.861-2(b)(1), Income Tax Regs., provides that the interest on the deposits with persons carrying on the banking business must be "paid or credited before January 1, 1977, to a nonresident alien individual or foreign corporation". However, sec. 1041 of the Tax Reform Act of 1976, Pub. L. 94-455, 90 Stat. 1634, repealed the last sentence of sec. 861(c), which had read: "Effective with respect to the amounts paid or credited after December 31, 1976, subsection (a)(1)(A) and this subsection shall cease to apply." Therefore, sec. 1.861-2(b)(1), Income Tax Regs., applies to interest paid or credited to a nonresident alien individual or foreign corporation after Dec. 31, 1976. Rev. Rul. 83-176, 1983-2 C.B. 111, 112.Page: Previous 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 Next
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