Albert J. Miller - Page 9

                                        - 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