- 22 - the CNMI, under certain conditions, the right to enact their own tax laws, independent of the Code, with respect to income (1) from sources within, or effectively connected with the conduct of a trade or business within, the possession, or (2) received or accrued by a resident of the possession. TRA 1986 sec. 1271(a). TRA 1986 section 1271(b) makes that grant of authority applicable to Guam, American Samoa, or the CNMI provisional on the existence of an implementing agreement “between the United States and such possession”. (Emphasis added.) TRA 1986 section 1272 amends old section 931 (as well as other Code provisions not pertinent here). Specifically, TRA 1986 section 1272(a) provides in pertinent part: “In General.-- Section 931 (relating to income from sources within possessions of the United States) is amended to read as follows: ‘SEC. 931. INCOME FROM SOURCES WITHIN GUAM, AMERICAN SAMOA, OR THE NORTHERN MARIANA ISLANDS.’” See supra p. 14. TRA 1986 sections 1271 and 1272 do not specifically address the other U.S. possessions. Nonetheless, the language of the statute, taken in context, indicates that Congress intended to provide an exclusion from gross income under section 931 as amended by TRA 1986 section 1272(a) only for bona fide residents of Guam, American Samoa, and the CNMI, and only if the specified possession has an implementing agreement in force with the United States. Had Congress intended to retain the benefits of sectionPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011