Framatome Connectors USA, Inc. - Page 64




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          distributed and FCI received excess value of $15,807,495 in 1993            
          when Burndy-US transferred the stock of FC-Belgium and FC-                  
          Switzerland to FCI.  Burndy-US transferred excess value of                  
          $3,926,430 to FCI in 1993 because Burndy-US paid that amount to             
          FCI for the currency exchange loss.  Finally, Burndy-US paid                
          $1,147,506 to FCI as a result of the exchange rate it used for              
          French francs.                                                              
               3.   The U.S.-France Tax Treaty and 1988 Protocol                      
               Petitioners contend that, even if Burndy-US transferred                
          excess value to FCI, they are not liable for withholding tax                
          because the U.S.-France Tax Treaty limits application of the                
          withholding tax to dividends “actually distributed.”  According             
          to petitioners, a transfer of excess value is a constructive                
          dividend and is not “actually distributed.”  We disagree.                   
               Article 9(2)(b) of the Treaty states:                                  
                    (2) Dividends derived from sources within a                       
               Contracting State by a resident of the other                           
               Contracting State may also be taxed by the former                      
               Contracting State but the tax imposed on such dividends                
               shall not exceed--                                                     
                     *      *      *      *      *      *      *                      
                         (b) When the recipient is a corporation,                     
                    5 percent of the amount actually distributed                      
          * * *.                                                                      











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