- 10 - transfers to properly reflect income and prevent the avoidance of the withholding tax. See Central De Gas De Chihuahua, S.A. v. Commissioner, 102 T.C. 515 (1994). If the U.S. trade or business is in the form of a branch of a foreign corporation, earnings and profits of the U.S. trade or business that are not reinvested in that trade or business are subject to the 30-percent branch profits tax. Sec. 884; see also Kuntz & Peroni, U.S. International Taxation, par. C1.05[4][a] (1995). Although the mechanism of taxing the withdrawn earnings and profits under section 884 is different from the withholding tax of section 881(a), the result is the same; namely, that transfer of profits to a foreign person is subject to 30-percent withholding. Section 884 was intended to provide parity between foreign taxpayers doing business in the United States through branches and domestic subsidiaries. Tax Reform Act of 1986, Pub. L. 99-514, sec. 1241(a), 100 Stat. 2576; Staff of Joint Comm. on Taxation, General Explanation of the Tax Reform Act of 1986, at 1036, 1037 (J. Comm. Print 1987). Generally, if services are performed in the United States, they give rise to U.S. source income, section 861(a)(3), and services performed outside the United States give rise to foreign source income, section 862(a)(3). Income from services is sourced where the services are performed, without regard to the location of the payor, the residence of the taxpayer, the place of contracting, or the place of payment. Sec. 861(a)(3); DillinPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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