Swallows Holding, Ltd. - Page 135

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          filing deadline that applies to foreign corporations under other            
          provisions of the Code.  For example, the timely filing deadline            
          of the above regulation does not apply for purposes of section              
          6072(c).                                                                    
               Section 1.882-4(a)(3)(i), Income Tax Regs., then proceeds,             
          for purposes of allowing deductions and credits under section               
          882(c)(2) for a current taxable year, to divide foreign                     
          corporations required to file Federal tax returns into two                  
          categories:  First, those that for the prior taxable year filed             
          an income tax return (and those for which the current taxable               
          year is the taxpayers’ first taxable year for which a Federal               
          tax return is required) (category 1 corporation) and, second,               
          those that for the prior taxable year were required to but did              
          not file a Federal tax return (category 2 corporation).                     
               For purposes of allowing deductions and credits under                  
          section 882(c)(2) for the current year, section 1.882-                      
          4(a)(3)(i), Income Tax Regs., provides that for a category 1                
          corporation (prior year tax return filed or first year tax                  
          return required) the filing deadline for the current taxable                
          year is a fixed 18 months after the due date for the current                
          year tax return.  Where, prior to the filing by a category 1                
          corporation of its current year tax return within this 18-month             
          period, respondent notifies the corporation (that no tax return             
          has been filed for the current year and that no deductions or               






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