-14- See id. Section 1.6012-2(g)(1), Income Tax Regs., generally requires that a foreign corporation file a Federal income tax return on Form 1120-F if it “is engaged in trade or business in the United States at any time during the taxable year or * * * has income which is subject to taxation under subtitle A of the Code (relating to income taxes)”. Section 6072 sets the time for the filing of Federal income tax returns required by section 6012. A corporation generally must file its return by the 15th day of the third month following the close of its taxable year. See sec. 6072(b); see also sec. 1.6072-2(a), Income Tax Regs. An exception to this rule is found in the case of a foreign corporation without an office or place of business in the United States. In such a case, the foreign corporation may file its tax return up until the 15th day of the sixth month following the close of its taxable year. See sec. 6072(c); see also sec. 1.6072-2(b), Income Tax Regs. Petitioner did not conduct a trade or business in the United States at any time from its inception through the close of the last subject year. Thus, but for an election under section 882(d)(1), petitioner was required by section 6012(a), as interpreted by section 1.6012-2(a)(1) and (g)(1), Income Tax Regs., to file a Federal income tax return for a taxable year included within that period only if it had income subject toPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011