Riggs National Corporation & Subsidiaries, f.k.a. Riggs National Bank and Subsidiaries - Page 25

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                    (iii) Example.  The provisions of this paragraph                  
               (e)(3) may be illustrated by the following example:                    
                    Example.  Country X imposes a 30-percent tax on                   
               interest received by non-resident lenders from                         
               borrowers who are residents of country X, and it is                    
               established that this tax is a tax in lieu of an income                
               tax within the meaning of � 1.903-1(a).  Country X                     
               remits to resident borrowers an incentive payment for                  
               engaging in foreign loans, which payment is an amount                  
               equal to 20 percent of the interest paid to non-                       
               resident lenders.  Because the incentive payment is                    
               based on such interest, it is determined by reference                  
               to the base used to compute the tax in lieu of an                      
               income tax that is imposed on the nonresident lender.                  
               Under paragraph (e)(3)(ii)(B) of this section, the                     
               incentive payment is considered a subsidy provided                     
               indirectly to the nonresident lender since it is                       
               provided to a person (the borrower) that engaged in a                  
               business transaction with the lender and is based on                   
               the amount of tax in lieu of an income tax that is                     
               imposed on the lender with respect to the transaction.                 
               Therefore, two-thirds (20 percent/30 percent) of the                   
               amount withheld by a resident borrower from interest                   
               payments to a non-resident lender is not tax in lieu of                
               an income tax that is paid by the lender under                         
               paragraph (e)(3)(i) of this section and � 1.903-1(a).                  
               The regulation deems the taxpayer to have been subsidized if           
          the country provides a subsidy to a person with whom the taxpayer           
          engages in a business transaction, provided the subsidy is                  
          determined directly or indirectly by reference to the amount of             
          income tax, or to the base used to compute the income tax,                  
          imposed by the country on the taxpayer with respect to the                  
          transaction.  The existence of an indirect subsidy does not                 
          depend upon a finding that the U.S. taxpayer derived an actual              
          economic benefit; it is sufficient that another person who                  
          engages in a transaction with the U.S. taxpayer has received a              






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Last modified: May 25, 2011