New York Guangdong Finance, Inc. - Page 16




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               Respondent determined that petitioner is liable for                    
          withholding taxes on all of the interest reported on its Forms              
          5472 filed with its 1994, 1995, and 1996 Forms 1120X because the            
          forms listed GXE, a Hong Kong corporation, as the interest                  
          recipient.  Petitioner argues that (1) the interest reported on             
          the Forms 5472 included interest paid to GITIC, a corporation               
          resident in China that was entitled to favorable tax treatment              
          under the China Agreement during the years in issue, and that (2)           
          interest paid to GXE should be treated as interest paid to GITIC.           
          Petitioner contends that the GXE loan was actually a loan from              
          GITIC and that GITIC chose to distribute the net loan proceeds              
          through GXE.  Petitioner contends, therefore, that the loan                 
          originated with the Guangdong government and should be exempt               
          under the China Agreement.  Alternatively, petitioner argues that           
          GXE is GITIC’s agent and, as such, collected interest on the GXE            
          loan on GITIC’s behalf.                                                     
               C.   Interest Paid Directly to GITIC                                   
               Respondent concedes that any interest payments made directly           
          to GITIC with respect to a loan made by GITIC fall squarely                 
          within the exemption from U.S. taxation provided in the China               
          Agreement.  Respondent argues, however, that GXE and not GITIC              
          made the $2 million “GITIC” loan during the years in issue and              
          that the interest in question was paid to GXE on that loan.                 
          Alternatively, respondent appears to argue that there are three             







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