Electronic Arts, Inc. and Subsidiaries - Page 70




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                    50/50 split of combined taxable income                            
               In general                                                             
                    This election will provide for a split between the                
               island affiliate and its U.S. affiliates of the                        
               combined taxable income of the island affiliate and its                
               U.S. affiliates with respect to products produced, in                  
               whole or in part, in the possession.  50% of such                      
               profit will be allocated to the island affiliate; 50%                  
               will be allocated to its U.S. affiliates.                              
               Significant business presence                                          
                    For an island affiliate to be eligible to apply                   
               the profit split, it must satisfy one of the                           
               significant business presence tests required for the                   
               cost sharing election for the product or type of                       
               service covered by the election.  [The first prong.]                   
               In addition, for products produced in whole or part by                 
               the island affiliate in the possession, the profit                     
               split method is available only if the island affiliate                 
               manufactures or produces the product in the possession                 
               within the meaning of the controlled foreign                           
               corporation provisions of the Code (section 954).  [The                
               second prong.]  If the significant business presence                   
               test (including the controlled foreign corporation                     
               manufacturing or production rule) is not satisfied for                 
               a product or type of service within the product area                   
               covered by the election, no intangibles income                         
               attributable to that product or type of service will be                
               eligible for the credit.                                               
               Respondent’s brief draws our attention to two passages in              
          the Joint Statement of Managers portion of the conference                   
          committee report, as follows:                                               
               Congressional concerns regarding the potential adverse                 
               effects of the possessions credit on revenues is reflected             
               in the conference report for section 936(h):                           
                    The provision as modified is intended to lessen                   
                    the abuse caused by taxpayers claiming tax-free                   
                    income generated by intangibles developed outside                 
                    of Puerto Rico.  The conferees also intend that                   
                    the provision be administered in a fashion so as                  
                    to encourage increased Puerto Rican employment and                




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