- 78 - urges us to rely on section 1.936-5(b)(6), Q&A-1, Income Tax Regs.16 Petitioners urge us to rely on section 1.954-3(a)(4), 16Sec. 1.936-5(b)(6), Q&A-1, Income Tax Regs., provides as follows: Sec. 1.936-5 Intangible property income when an election out is made: Product, business presence, and contract manufacturing. * * * * * * * (b) Requirement of significant business presence-- * * * * * * * (6) Manufacturing within the meaning of section 954(d)(1)(A). Q. 1: What is the test for determining, within the meaning of section 954(d)(1)(A), whether a product is manufactured or produced by a possessions corporation in a possession? A. 1: A product is considered to have been manufactured or produced by a possessions corporation in a possession within the meaning of section 954(d)(1)(A) and sec. 1.954-3(a)(4) if-- (i) The property has been substantially transformed by the possessions corporation in the possession; (ii) The operations conducted by the possessions corporation in the possession in connection with the property are substantial in nature and are generally considered to constitute the manufacture or production of property; or (iii) The conversion costs sustained by the possessions corporation in the possession, including direct labor, factory burden, testing of components before incorporation into an end product and testing of the manufactured product before sales account for 20 percent or more of the total cost of goods sold of the possessions corporation. In no event, however, will packaging, repackaging, labeling, or minor assembly operations constitute manufacture or production of property. See particularly examples 2 and 3 of sec. 1.954-3(a)(4)(iii).Page: Previous 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 Next
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