Inverworld, Inc., et al. - Page 100

                                                - 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

Last modified: May 25, 2011