Electronic Arts, Inc. and Subsidiaries - Page 58




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          its relevant taxable income under one of the methods described in           
          section 936(h)(5)(C)--the cost sharing method or the profit split           
          method--but only if the possessions corporation “has a                      
          significant business presence” in a possession.  Sec.                       
          936(h)(5)(B)(i).  Section 936(h)(5)(B)(ii) provides that a                  
          possessions corporation “has a ‘significant business presence’”             
          in a possession if the corporation satisfies any one of three               
          statutory tests.  These three tests are (1) the 25-percent-value            
          -added test, (2) the direct-labor-production test, and (3) the              


               12(...continued)                                                       
                                   goods not produced in whole or in part             
                                   by any member of the affiliated group              
                                   and sold by the electing corporation to            
                                   persons other than members of the                  
                                   affiliated group, no less than 65                  
                                   percent of the total direct labor costs            
                                   of the affiliated group in connection              
                                   with all purchases and sales of such               
                                   goods sold during the taxable year by              
                                   such electing corporation is incurred by           
                                   such electing corporation and is                   
                                   compensation for services performed in             
                                   the possession.                                    
                              Notwithstanding satisfaction of one of the              
                              foregoing tests, an electing corporation                
                              shall not be treated as having a significant            
                              business presence in a possession with                  
                              respect to a product produced in whole or in            
                              part by the electing corporation in the                 
                              possession, for purposes of an election to              
                              use the method specified in subparagraph                
                              (C)(ii), [the profit split method] unless               
                              such product is manufactured or produced in             
                              the possession by the electing corporation              
                              within the meaning of subsection (d)(1)(A) of           
                              section 954.                                            





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