- 26 - from the 1986 statutory version. See 1996 Act sec. 1704(f)(3)(A)(iii), 110 Stat. 1879, amending section 884(f) retroactively for tax year beginning after December 31, 1986. The report of the House Ways and Means Committee accompanying the 1996 Act makes it clear that the retroactive amendments were intended to address an argument similar to that made by petitioner in this case. In explaining the provision, the report contains the statement that The bill provides that the branch level interest tax on interest not actually paid by the branch applies to any interest which is allocable to income which is effectively connected with the conduct of a trade or business in the United States. * * * [H. Rept. 104- 586, at 174 (1996).14] By way of comparison the House report also states, regarding the withholding of tax from payments by a U.S. subsidiary to its foreign parent, that 14 The Small Business Job Protection Act of 1996 (1996 Act), Pub. L. 104-188, 110 Stat. 1755, was intended to clarify rather than change the branch profit tax provision. Even in the context of sec. 884 as enacted by the Tax Reform Act of 1986 (TRA '86), Pub. L. 99-514, 100 Stat. 2085, and prior to amendment by the 1996 Act, we think that petitioner's argument would not be persuasive. The House conference report in connection with the TRA '86 clearly undermines petitioner's position by demarcating between interest allocated to a foreign corporation's U.S. branch under sec. 1.882-5, Income Tax Regs., and interest "actually paid" by the branch. See H. Conf. Rept. 99-841 (Vol. II), at II- 646 (1986), 1986-3 C.B. (Vol. 4) 1, 646-649. In addition, the General Explanation of TRA '86 appears to be consistent with respondent's interpretation of the applicability of the excess interest tax. See Staff of Joint Comm. on Taxation, General Explanation of the Tax Reform Act of 1986, at 1037 (J. Comm. Print 1987).Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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