- 8 - for refund for additional foreign tax credits for the ACT payment. Respondent disallowed the refund. Discussion Section 901(a) allows a domestic corporation to claim a foreign tax credit for taxes "deemed to have been paid under sections 902 and 960." Section 902 provides, inter alia: SEC. 902. DEEMED PAID CREDIT WHERE DOMESTIC CORPORATION OWNS 10 PERCENT OR MORE OF VOTING STOCK OF FOREIGN CORPORATION. (a) Taxes Paid by Foreign Corporation Treated as Paid by Domestic Corporation.--For purposes of this subpart, a domestic corporation which owns 10 percent or more of the voting stock of a foreign corporation from which it receives dividends in any taxable year shall be deemed to have paid the same proportion of such foreign corporation's post-1986 foreign income taxes as-- (1) the amount of such dividends (determined without regard to section 78), bears to (2) such foreign corporation's post-1986 undistributed earnings. (b) Deemed Taxes Increased in Case of Certain 2nd and 3rd Tier Foreign Corporations.-- (1) 2nd tier.--If the foreign corporation described in subsection (a) (hereinafter in this section referred to as the "1st tier corporation") owns 10-percent or more of the voting stock of a 2nd foreign corporation from which it receives dividends in any taxable year, the 1st tier corporation shall be deemed to have paid the same proportion of such 2nd foreign corporation's post-1986 foreign income taxes as would be determined under subsection (a) if such 1st tier corporation were a domestic corporation.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