- 14 - interest received is not effectively connected with the conduct of a trade or business within the United States.13 Section 1442(a) generally requires the payor of interest subject to the tax imposed by section 881(a) to deduct and withhold that tax at the source. If the payor does not do so, then it becomes liable for such taxes under section 1461. Under section 894, treaty provisions may modify the Code, including its withholding tax provisions. However, foreign corporations are not exempt from U.S. income taxation under a treaty between the United States and a foreign country unless the treaty is an income tax treaty and the corporation is a qualified resident of such foreign country. Sec. 884(e)(1). A qualified resident means, with respect to any foreign country, any foreign corporation which is a resident of such foreign country unless (1) 50 percent or more of the value of the corporation’s stock is owned by individuals who are not residents of that foreign 12(...continued) corporation organized under the laws of Hong Kong. 13Sec. 881(c)(1) generally exempts portfolio interest received by a foreign corporation from sources within the United States from the sec. 881(a) tax. “Portfolio interest” is defined as interest paid on certain registered and unregistered obligations that would otherwise be subject to tax. Sec. 881(c)(2). Portfolio interest, however, does not include such interest received in certain circumstances by a bank in the ordinary course of business, by a 10-percent shareholder, or by a controlled foreign corporation from a related person. Sec. 881(c)(3). Petitioner does not argue that the interest in issue was portfolio interest.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: March 27, 2008