Income of foreign corporations from ships and aircraft
Ships operated by certain foreign corporations
Gross income derived by a corporation organized in a foreign country from the international operation of a ship or ships if such foreign country grants an equivalent exemption to corporations organized in the United States.
Aircraft operated by certain foreign corporations
Gross income derived by a corporation organized in a foreign country from the international operation of aircraft if such foreign country grants an equivalent exemption to corporations organized in the United States.
Railroad rolling stock of foreign corporations
Earnings derived from payments by a common carrier for the use on a temporary basis (not expected to exceed a total of 90 days in any taxable year) of railroad rolling stock owned by a corporation of a foreign country which grants an equivalent exemption to corporations organized in the United States.
Special rules
The rules of paragraphs (6), (7), and (8) of section 872(b) shall apply for purposes of this subsection.
Special rule for countries which tax on residence basis
For purposes of this subsection, there shall not be taken into account any failure of a foreign country to grant an exemption to a corporation organized in the United States if such corporation is subject to tax by such foreign country on a residence basis pursuant to provisions of foreign law which meets such standards (if any) as the Secretary may prescribe.
Earnings derived from communications satellite system
47 U.S.C. 701The earnings derived from the ownership or operation of a communications satellite system by a foreign entity designated by a foreign government to participate in such ownership or operation shall be exempt from taxation under this subtitle, if the United States, through its designated entity, participates in such system pursuant to the Communications Satellite Act of 1962 ( and following).
Treatment of certain foreign corporations
In general
Paragraph (1) or (2) of subsection (a) (as the case may be) shall not apply to any foreign corporation if 50 percent or more of the value of the stock of such corporation is owned by individuals who are not residents of such foreign country or another foreign country meeting the requirements of such paragraph.
Treatment of controlled foreign corporations
Paragraph (1) shall not apply to any foreign corporation which is a controlled foreign corporation (as defined in section 957(a)).
Special rules for publicly traded corporations
Exception
Paragraph (1) shall not apply to any corporation which is organized in a foreign country meeting the requirements of paragraph (1) or (2) of subsection (a) (as the case may be) and the stock of which is primarily and regularly traded on an established securities market in such foreign country, another foreign country meeting the requirements of such paragraph, or the United States.
Treatment of stock owned by publicly traded corporation
Any stock in another corporation which is owned (directly or indirectly) by a corporation meeting the requirements of subparagraph (A) shall be treated as owned by individuals who are residents of the foreign country in which the corporation meeting the requirements of subparagraph (A) is organized.
Stock ownership through entities
For purposes of paragraph (1), stock owned (directly or indirectly) by or for a corporation, partnership, trust, or estate shall be treated as being owned proportionately by its shareholders, partners, or beneficiaries. Stock considered to be owned by a person by reason of the application of the preceding sentence shall, for purposes of applying such sentence, be treated as actually owned by such person.
Aug. 16, 1954, ch. 73668A Stat. 283Pub. L. 90–622, § 1(a)82 Stat. 1311Pub. L. 94–164, § 6(a)89 Stat. 975Pub. L. 99–514, title XII, § 1212(c)(3)100 Stat. 2538Pub. L. 100–647, title I, § 1012(e)(1)102 Stat. 3499Pub. L. 101–239, title VII, § 7811(i)(8)(D)103 Stat. 2411Pub. L. 108–357, title IV, § 419(b)118 Stat. 1513(, ; , , ; , , ; –(5), , ; , (2)(A), (5), , , 3500; , (10), , ; , , .)
Editorial Notes
References in Text
Pub. L. 87–62476 Stat. 419section 701 of Title 47The Communications Satellite Act of 1962, referred to in subsec. (b), is , , , which is classified generally to chapter 6 (§ 701 et seq.) of Title 47, Telecommunications. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Amendments
Pub. L. 108–3572004—Subsec. (a)(4). substituted “(6), (7), and (8)” for “(5), (6), and (7)”.
Pub. L. 101–239, § 7811(i)(8)(D)1989—Subsec. (a)(4). , substituted “(5), (6), and (7)” for “(5) and (6)”.
Pub. L. 101–239, § 7811(i)(10)Subsec. (a)(5). , added par. (5).
Pub. L. 100–647, § 1012(e)(2)(A)1988—Subsec. (a)(1), (2). , (5), struck out “to citizens of the United States and” after “exemption” and substituted “international operation” for “operation”.
Pub. L. 100–647, § 1012(e)(1)(B)Subsec. (c)(1). , substituted “Paragraph (1) or (2) of subsection (a) (as the case may be)” for “Paragraphs (1) and (2) of subsection (a)” and “such paragraph” for “such paragraphs (1) and (2)”.
Pub. L. 100–647, § 1012(e)(1)(A)Subsec. (c)(3). , substituted “Special rules” for “Exception” in heading and amended text generally. Prior to amendment, text read as follows: “Paragraph (1) shall not apply to any foreign corporation—
“(A) the stock of which is primarily and regularly traded on an established securities market in the foreign country in which such corporation is organized, or
“(B) which is wholly owned (either directly or indirectly) by another corporation meeting the requirements of subparagraph (A) and is organized in the same foreign country as such other corporation.”
Pub. L. 99–514, § 1212(c)(3)1986—Subsec. (a)(1). , added par. (1) and struck out former par. (1), ships under foreign flag, which read as follows: “Earnings derived from the operation of a ship or ships documented under the laws of a foreign country which grants an equivalent exemption to citizens of the United States and to corporations organized in the United States.”
Pub. L. 99–514, § 1212(c)(3)Subsec. (a)(2). , added par. (2) and struck out former par. (2), aircraft of foreign registry, which read as follows: “Earnings derived from the operation of aircraft registered under the laws of a foreign country which grants an equivalent exemption to citizens of the United States and to corporations organized in the United States.”
Pub. L. 99–514, § 1212(c)(4)Subsec. (a)(4). , added par. (4).
Pub. L. 99–514, § 1212(c)(5)Subsec. (c). , added subsec. (c).
Pub. L. 94–1641975—Subsec. (a)(3). added par. (3).
Pub. L. 90–6221968— designated existing provisions as subsec. (a), added subsec. (a) heading, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
Pub. L. 108–357section 419(c) of Pub. L. 108–357section 872 of this titleAmendment by applicable to wagers made after , see , set out as a note under .
Effective Date of 1989 Amendment
Pub. L. 101–239Pub. L. 100–647section 7817 of Pub. L. 101–239section 1 of this titleAmendment by effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988, , to which such amendment relates, see , set out as a note under .
Effective Date of 1988 Amendment
Pub. L. 100–647Pub. L. 99–514section 1019(a) of Pub. L. 100–647section 1 of this titleAmendment by effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, , to which such amendment relates, see , set out as a note under .
Effective Date of 1986 Amendment
Pub. L. 99–514section 1212(f) of Pub. L. 99–514section 863 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .
Effective Date of 1975 Amendment
Pub. L. 94–164, § 6(b)89 Stat. 976
Effective Date of 1968 Amendment
Pub. L. 90–622, § 1(b)82 Stat. 1311
Pub. L. 99–514Applicability of Certain Amendments by in Relation to Treaty Obligations of United States
Pub. L. 99–514Pub. L. 100–647Pub. L. 99–514Pub. L. 100–647section 861 of this titleFor nonapplication of amendment by section 1212(c)(3)–(5) of to the extent application of such amendment would be contrary to any treaty obligation of the United States in effect on , with provision that for such purposes any amendment by title I of be treated as if it had been included in the provision of to which such amendment relates, see section 1012(aa)(3), (4) of , set out as a note under .