- 11 - in earnings and profits of CFC’s could be used to reduce subpart F income of U.S. shareholders regardless of the manner by which the profitable and the unprofitable CFC's were related to each other within the chain (i.e., regardless of whether the profitable and the unprofitable CFC's had a parent/subsidiary or a brother/sister relationship). Also, deficits in earnings and profits of CFC’s could be used to reduce subpart F income of U.S. shareholders regardless of whether the various CFC’s within the chain were engaged in similar or related business activity.1 In 1986, section 952(d) was repealed, effective for any year ending after 1986. Tax Reform Act of 1986, Pub. L. 99-514, sec. 1 Sec. 952(d), as applicable through 1986, provided, in part, as follows: (d) Special Rule in Case of Indirect Ownership.--For purposes of subsection (c) [limitation on Subpart F income], if-- (1) a United States shareholder owns * * * [directly or indirectly] stock of a foreign corporation, and by reason of such ownership owns * * * [directly or indirectly] stock of any other foreign corporation, and (2) any of such foreign corporations has a deficit in earnings and profits for the taxable year, then the earnings and profits for the taxable year of each such foreign corporation which is a controlled foreign corporation shall, with respect to such United States shareholder, be properly reduced to take into account any deficit described in paragraph (2) in such manner as the Secretary shall prescribe by regulations. See also sec. 1.952-1(d)(2), Income Tax Regs., as in effect through 1986.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011