- 17 - approaches under which it is seeking both to avoid the excess interest tax under section 884(f)(1)(B) and, in the process, to avoid bearing the tax burden of another provision of the branch profit tax regime. In that connection, petitioner did not make an election under section 1.884-4T(b)(7), Temporary Income Tax Regs. (finalized in 1992 as sec. 1.884-4(c)(1), Income Tax Regs.), 53 Fed. Reg. 34054 (Sept. 2, 1988), to treat the accrued interest as paid in the year of accrual, thereby relieving itself of the potential for excess interest tax liability.8 The election by a foreign corporation must be made with its income tax return, its amended income tax return, or a separate written notice to the Commissioner of Internal Revenue, none of which was done in this case. See sec. 1.884-4T(b)(7)(iii), Temporary Income Tax Regs., supra (finalized as sec. 1.884-4(c)(1)(iii), Income Tax Regs.). After respondent's audit began, petitioner filed amended Forms 1120F for the years under consideration seeking to eliminate any excess interest by attempting an election to reduce the affected liabilities under section 1.884-1(e)(3), Income Tax Regs. Finally, after filing the petition in this case, 8 If petitioner had made that election, it would have been binding for all years, and petitioner would then have been subject to a 10-percent withholding obligation under art. 13 of the U.S.-Japan Income Tax Treaty (the treaty). Convention for the Avoidance of Double Taxation, Mar. 8, 1971, U.S.-Japan, art. 13, 23 U.S.T. (Part I) 967, 990. Under the treaty, the withholding under sec. 1442 is reduced from 30 to 10 percent.Page: 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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