Inverworld, Inc., et al. - Page 97

                                                - 179 -                                                   
                  The Commissioner has ruled that the section 1.861-                                      
            2(b)(1)(i)(a), Income Tax Regs., definition of "persons" prevails                             
            over the section 581 definition (the first requirement, supra),                               
            which applies the term "bank" only to corporations.  Rev. Rul.                                
            83-176, 1983-2 C.B. at 112.  The Commissioner, however, has ruled                             
            that the "other language in section 581 relating to banking                                   
            activities can be used as an indication of the requirements                                   
            necessary to be considered engaged in the banking business."                                  
            Id.  In other words, the ruling requires the interest payor to                                
            meet only the second and third requirements of the section 581                                
            definition of "bank" in order to be considered "carrying on the                               
            banking business" for purposes of section 861(c).                                             
                               (2) Taxation of Interest                                                   
                  Section 871(a)(1)(A) imposes on a nonresident alien                                     
            individual and section 881(a)(1) imposes on a foreign corporation                             
            a tax of 30 percent of the amount of interest that is treated as                              
            income from sources within the United States, if the interest is                              
            not effectively connected income to the recipient.  Interest that                             
            is treated as income from sources without the United States is                                
            not subject to tax pursuant to either section 871(a) or section                               
            881(a).                                                                                       
                  Section 1441(a) provides that any person "having the                                    
            control, receipt, custody, disposal, or payment of any of the                                 
            items of income specified in * * * [section 1441](b) (to the                                  







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