The Limited, Inc., and Consolidated Subsidiaries - Page 25




                                       - 25 -                                         

               D.  Tax Reform Acts of 1962 and 1976                                   
               Subpart F was added to the Internal Revenue Code of 1954 by            
          section 12 of the Revenue Act of 1962, Pub. L. 87-834, 76 Stat.             
          960.  H.R. 10650, 87th Cong., 2d Sess. (1962) (H.R. 10650), is              
          the bill that, when enacted, became the Revenue Act of 1962.  The           
          committee reports accompanying H.R. 10650, both in the House of             
          Representatives (the House) and in the Senate, discuss the                  
          impetus for subpart F:  to wit, to end the “tax deferral”                   
          resulting from the failure of our income tax system to tax the              
          foreign source income of American controlled foreign corporations           
          until such income is distributed to the corporation’s American              
          shareholders as dividends.  H. Rept. 1447, 87th Cong., 2d Sess.             
          (1962), 1962-3 C.B. 405, 461; S. Rept. 1881, 87th Cong., 2d Sess.           
          (1962), 1962-3 C.B. 707, 784.  The committees did not attempt to            
          eliminate such tax deferral completely, but they did address                
          certain “tax haven” devices.  See S. Rept. 1881, supra, 1962-3              
          C.B. at 784.  With respect to that portion of subpart F dealing             
          with investments in U.S. property (the repatriation provision),             
          the Committee on Finance said:  “Generally, earnings brought back           
          to the United States are taxed to the shareholders on the grounds           
          that this is substantially the equivalent of a dividend being               
          paid to them.”  S. Rept. 1881, supra, 1962-3 C.B. at 794; accord            
          H. Rept. 1447, supra, 1962-3 C.B. at 469.  With respect to the              
          exceptions to U.S. property for section 956 deposits (which both            





Page:  Previous  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  Next

Last modified: May 25, 2011