Microsoft Corporation - Page 3

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            Washington, at the time the petition was filed.  Microsoft, as the                          
            common parent of an affiliated group of corporations, filed a                               
            consolidated U.S. Corporation Income Tax Return (Form 1120) for                             
            taxable year ended June 30, 1990 (the 1990 year), on March 15,                              
            1991, and for taxable year ended June 30, 1991 (the 1991 year), on                          
            March 14, 1992.  Microsoft Puerto Rico, Inc. (MS-Puerto Rico), a                            
            Delaware corporation, is a wholly owned subsidiary of Microsoft.                            
            Section 936 Possessions Tax Credit                                                          
                  During 1990 and 1991, MS-Puerto Rico manufactured2 (by                                
            duplicating from a master diskette furnished by Microsoft)                                  
            software-encoded diskettes at its 45,000-square-foot facility in                            
            Humacao, Puerto Rico.  These diskettes were sold to Microsoft for                           
            packaging with other components and distribution to customers as                            
            standardized, mass-marketed software products.  On its 1990 Federal                         
            corporate income tax return, MS-Puerto Rico elected to be taxed as                          
            a possessions corporation under section 936 and to report its                               
            taxable income pursuant to the profit-split method under section                            
            936(h)(5)(C)(ii). These elections continued during the 1991 year.                           
                  Section 936 entitles certain qualifying domestic corporations                         
            (the possessions corporation) to elect to claim as a possessions                            
            tax credit (the section 936 credit) against its U.S. tax liability                          


                  2     The use herein of the term "manufactured" or "produced"                         
            is not meant to be dispositive of whether Microsoft Puerto Rico,                            
            Inc. (MS-Puerto Rico), satisfied the significant business                                   
            presence test of sec. 936(h)(5)(B)(i) and (ii).                                             




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