Swallows Holding, Ltd. - Page 66

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          104(b)(1), 80 Stat. 1556.  As to the first action, the House                
          committee report stated:                                                    
               Deductions and credits allowed only if return filed.                   
                    Paragraph (2) of section 882(c) continues the                     
               substance of the rule contained in section 882(c)(1) of                
               existing law that a foreign corporation is to receive                  
               the benefit of the allowable deductions only by filing                 
               a true and accurate return of its total income                         
               (including income subject to tax under section 881(a));                
               a technical amendment has been provided, however, to                   
               make clear that the return must also include the income                
               derived from sources without the United States which is                
               effectively connected with the conduct of a trade or                   
               business within the United States.  This rule has also                 
               been extended to apply to credits against tax, such as                 
               the foreign tax credit, other than the credit provided                 
               by section 32 for tax withheld at the source or the                    
               credit provided by section 39 for certain users of                     
               gasoline and lubricating oil.  As so amended, section                  
               882(c)(2) is consistent with section 874(a) of the                     
               code, as amended by section 3(d) of the bill.  [H.                     
               Rept. 1450, 89th Cong. 2d Sess. 90 (1966).]                            
          As to the addition of section 882(d), the Senate committee report           
          stated:                                                                     
               As a general rule, the bill provides that income of a                  
               nonresident alien or foreign corporation will be                       
               subject to the flat 30-percent (or lower treaty) rate                  
               if it is not effectively connected with the conduct of                 
               a trade or business within the United States.  The                     
               regular individual or corporate rates apply to income                  
               which is effectively connected to the conduct of a U.S.                
               trade or business.  However, the foreigner may elect to                
               treat real property income as if it were income                        
               effectively connected with a U.S. business.  This is to                
               permit the deductions attributable to this real                        
               property income to be deducted from it.  * * *  [S.                    
               Rept. 1707, 89th Cong., 2d Sess. 19 (1966), 1966-2 C.B.                
               1059, 1071.]                                                           








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