- 181 - as income from sources without the United States. Sec. 862(a)(1). Generally, interest from a foreign corporation is not treated as income from sources within the United States pursuant to section 861(a)(1)25 and is therefore treated as income from sources without the United States. Sec. 862(a)(1). Section 884(f)(1)(A) provides special source rules for certain interest paid by a foreign corporation engaged in trade or business in the United States. (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 25 The Tax Reform Act of 1986, sec. 1241(b)(1)(A), 100 Stat. 2579, replaced the words "residents, corporate or otherwise" in sec. 861(a)(1) with the words "noncorporate residents or domestic corporations." The current sec. 861(a)(1), therefore, does not refer to foreign corporations, which are instead covered pursuant to sec. 884(f). Consequently, sec. 1.861-2(a)(2), Income Tax Regs., issued pursuant to former sec. 861(a)(1), which treats foreign corporations engaged in a U.S. trade or business at any time during the taxable year as a U.S. resident for purposes of the source rule, is irrelevant to years after sec. 861(a)(1) was amended. The general rule, however, that the source of interest depends on the residence of the obligor retains its validity. The regulations do not explicitly state that a corporation’s "residence" is its place of incorporation, but sec. 861(a)(1) does distinguish between "domestic" and "foreign" corporations without reference, for example, to a "principal place of business". Consequently, we conclude that the source of interest depends on a corporation’s place of incorporation.Page: Previous 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 Next
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