Del Commercial Properties, Inc. - Page 8




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          interest payments Del Commercial made on the loan should be                 
          treated as having been made by Del Commercial to Delcom Financial           
          and as subject to withholding tax.                                          

                                       OPINION                                        
             Under section 881(a), foreign corporations which receive                 
          interest income from U.S. payors (that is not effectively                   
          connected with conduct of a trade or business within the United             
          States) are liable for a tax of 30 percent of the interest                  
          received.  U.S. taxpayers who pay the interest to the foreign               
          corporations generally are required to withhold the 30-percent              
          tax from interest payments made to the foreign corporations.  See           
          secs. 1441 and 1442.  U.S. taxpayers who are required to withhold           
          the 30-percent tax and who fail to do so become personally liable           
          for the withholding tax.  See sec. 1461.                                    
             Under section 894, U.S. treaty provisions may modify the                 
          Internal Revenue Code, including the withholding tax provisions.            
          For the years at issue, under a treaty between the United States            
          and Canada (U.S.-Canada Treaty), interest payments made by U.S.             
          taxpayers to Canadian corporations are subject to tax at a rate             
          not exceeding 15 percent if the Canadian corporations are the               
          beneficial recipients and owners of the interest income.  See               
          Convention on Taxes on Income and Capital, Sept. 26, 1980, U.S.-            
          Can., art. XI, T.I.A.S. No. 11087.                                          







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