- 9 - basis at the same rates as other U.S. taxpayers. Sec. 882(a)9. Second, amounts received by a foreign corporation that are fixed or determinable, annual or periodic (FDAP), from sources within the United States (U.S. source), and not effectively connected with the conduct of a U.S. trade or business (non-ECI) are subject to a flat 30-percent tax. Sec. 881(a). FDAP includes interest, dividends, rents, salaries, wages, premiums, annuities, compensations, remunerations, and emoluments. Sec. 881(a)(1). If a U.S. trade or business is a subsidiary of a foreign corporation (FC), distributions by the subsidiary to the foreign corporation, such as dividends or interest, generally are subject to the 30-percent withholding tax imposed by section 881(a)(1). Also, the Commissioner has broad powers to distribute, apportion, or allocate gross income, deductions, credits, or allowances between organizations controlled or owned by the same interests if it is determined that such action is necessary to prevent the evasion of tax or to clearly reflect income. Sec. 482; Hospital Corp. of America v. Commissioner, 81 T.C. 520, 592 (1983). Thus if a U.S. corporation transfers earnings and profits offshore through improperly valued intercompany transactions, section 482 provides a means whereby the Commissioner may recharacterize the 9 Sec. 882(a) provides: (1) In General.--A foreign corporation engaged in trade or business within the United States during the taxable year shall be taxable as provided in section 11 or 1201(a) on its taxable income which is effectively connected with the conduct of a trade or business within the United States.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011