Electronic Arts, Inc. and Subsidiaries - Page 57




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               12(...continued)                                                       
                                   (ii) Definition.--For purposes of this             
                              subparagraph, an electing corporation has a             
                              “significant business presence” in a                    
                              possession for a taxable year with respect to           
                              a product or type of service if:                        
                                        (I) the total production costs                
                                   (other than direct material costs and              
                                   other than interest excluded by                    
                                   regulations prescribed by the Secretary)           
                                   incurred by the electing corporation in            
                                   the possession in producing units of               
                                   that product sold or otherwise disposed            
                                   of during the taxable year by the                  
                                   affiliated group to persons who are not            
                                   members of the affiliated group are not            
                                   less than 25 percent of the difference             
                                   between (a) the gross receipts from                
                                   sales or other dispositions during the             
                                   taxable year by the affiliated group to            
                                   persons who are not members of the                 
                                   affiliated group of such units of the              
                                   product produced, in whole or in part,             
                                   by the electing corporation in the                 
                                   possession, and (b) the direct material            
                                   costs of the purchase of materials for             
                                   such units of that product by all                  
                                   members of the affiliated group from               
                                   persons who are not members of the                 
                                   affiliated group; or                               
                                        (II) no less than 65 percent of the           
                                   direct labor costs of the affiliated               
                                   group for units of the product produced            
                                   during the taxable year in whole or in             
                                   part by the electing corporation or for            
                                   the type of service rendered by the                
                                   electing corporation during the taxable            
                                   year, is incurred by the electing                  
                                   corporation and is compensation for                
                                   services performed in the possession; or           
                                        (III) with respect to purchases and           
                                   sales by an electing corporation of all            
                                                             (continued...)           





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