- 64 - 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 * * *.Page: Previous 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Next
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