- 6 - to such owners a pro rata share of subpart F income. Section 958(a) gives the following guidance on the question of stock ownership: SEC. 958(a). Direct and Indirect Ownership.-- (1) General rule.--For purposes of this subpart * * *, stock owned means-- (A) stock owned directly, and (B) stock owned with the application of paragraph (2). (2) Stock ownership through foreign entities.--For purposes of subparagraph (B) of paragraph (1), stock owned, directly or indirectly, by or for a foreign corporation, foreign partnership, or foreign trust or foreign estate * * * shall be considered as being owned proportionately by its shareholders, partners, or beneficiaries. Stock considered to be owned by a person by reason of the application of the preceding sentence shall, for purposes of applying such sentence, be treated as actually owned by such person. In addition, regulations promulgated under section 958 provide rules of application supplementing the statutory text: Amount of interest in foreign corporation, foreign partnership, foreign trust, or foreign estate. The determination of a person’s proportionate interest in a foreign corporation, foreign partnership, foreign trust, or foreign estate will be made on the basis of all the facts and circumstances in each case. Generally, in determining a person’s proportionate interest in a foreign corporation, the purpose for which the rules of section 958(a) and this section are being applied will be taken into account. Thus, if the rules of section 958(a) are being applied to determine the amount of stock owned for purposes of section 951(a), a person’s proportionate interest in a foreign corporation will generally be determined with reference to such person’s interest in the income of such corporation. If the rules of section 958(a) are beingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011