- 17 - � 1.901-2. Income, war profits, or excess profits tax paid or accrued.--(a) Definition of income, war profits, or excess profits tax--(1) In general. * * * Whether a foreign levy is an income tax is determined independently for each separate foreign levy. A foreign levy is an income tax if and only if-- (i) It is a tax; and (ii) the predominant character of that tax is that of an income tax in the U.S. sense. Except to the extent otherwise provided in paragraphs (a)(3)(ii) and (c) of this section, a tax either is or is not an income tax, in its entirety, for all persons subject to the tax. * * * Sec. 1.901-2(a)(1), Income Tax Regs. Respondent concedes that the OMT is a tax under section 1.901-2(a)(2)(i), Income Tax Regs. However, the parties dispute whether the "predominant character of the tax is that of an income tax in the U.S. sense." The regulations describe that requirement as follows: (3) Predominant character. The predominant character of a foreign tax is that of an income tax in the U.S. sense-- (i) If, within the meaning of paragraph (b)(1) of this section, the foreign tax is likely to reach net gain in the normal circumstances in which it applies * * * Sec. 1.901-2(a)(3), Income Tax Regs. Thus, for a tax to be creditable under the regulations, it must be likely to reach net gain in the normal circumstances inPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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