New York Guangdong Finance, Inc. - Page 14




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          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.                                                     






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