26 U.S.C. § 958 | Rules for determining stock ownership

(a)

Direct and indirect ownership

(1)

General rule

For purposes of this subpart (other than section 960), stock owned means—

(A)

stock owned directly, and

(B)

stock owned with the application of paragraph (2).

(2)

Stock ownership through foreign entities

For purposes of subparagraph (B) of paragraph (1), stock owned, directly or indirectly, by or for a foreign corporation, foreign partnership, or foreign trust or foreign estate (within the meaning of section 7701(a)(31)) shall be considered 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.

(3)

Special rule for mutual insurance companies

For purposes of applying paragraph (1) in the case of a foreign mutual insurance company, the term “stock” shall include any certificate entitling the holder to voting power in the corporation.

(b)

Constructive ownership

For purposes of sections 951(b), 954(d)(3), 956(c)(2), and 957, section 318(a) (relating to constructive ownership of stock) shall apply to the extent that the effect is to treat any United States person as a United States shareholder within the meaning of section 951(b), to treat a person as a related person within the meaning of section 954(d)(3), to treat the stock of a domestic corporation as owned by a United States shareholder of the controlled foreign corporation for purposes of section 956(c)(2), or to treat a foreign corporation as a controlled foreign corporation under section 957, except that—

(1)

In applying paragraph (1)(A) of section 318(a), stock owned by a nonresident alien individual (other than a foreign trust or foreign estate) shall not be considered as owned by a citizen or by a resident alien individual.

(2)

In applying subparagraphs (A), (B), and (C) of section 318(a)(2), if a partnership, estate, trust, or corporation owns, directly or indirectly, more than 50 percent of the total combined voting power of all classes of stock entitled to vote of a corporation, it shall be considered as owning all the stock entitled to vote.

(3)

In applying subparagraph (C) of section 318(a)(2), the phrase “10 percent” shall be substituted for the phrase “50 percent” used in subparagraph (C).

(4)

Subparagraphs (A), (B), and (C) of section 318(a)(3) shall not be applied so as to consider a United States person as owning stock which is owned by a person who is not a United States person.

Paragraphs (1) and (4) shall not apply for purposes of section 956(c)(2) to treat stock of a domestic corporation as not owned by a United States shareholder.

Pub. L. 87–834, § 12(a)Oct. 16, 196276 Stat. 1018 Pub. L. 88–554, § 4(b)(5)Aug. 31, 196478 Stat. 763 Pub. L. 94–455, title X, § 1021(b)Oct. 4, 197690 Stat. 1619 Pub. L. 104–188, title IAug. 20, 1996110 Stat. 1876 Pub. L. 115–97, title IDec. 22, 2017131 Stat. 2217 Pub. L. 119–21, title VII, § 70353(a)July 4, 2025139 Stat. 209(Added , , ; amended , , ; , , ; , §§ 1703(i)(4), 1704(t)(7), , , 1887; , §§ 14213(a), 14301(c)(31), , , 2224; , , .)

Editorial Notes

Amendments

Pub. L. 119–21, § 70353(a)(2)2025—Subsec. (b). , substituted “Paragraphs (1) and (4)” for “Paragraph (1)” in concluding provisions.

Pub. L. 119–21, § 70353(a)(1)Subsec. (b)(4). , added par. (4).

Pub. L. 115–97, § 14301(c)(31)2017—Subsec. (a)(1). , substituted “960” for “960(a)(1)” in introductory provisions.

Pub. L. 115–97, § 14213(a)(2)Subsec. (b). , substituted “Paragraph (1)” for “Paragraphs (1) and (4)” in concluding provisions.

Pub. L. 115–97, § 14213(a)(1)Subsec. (b)(4). , struck out par. (4) which read as follows: “Subparagraphs (A), (B), and (C) of section 318(a)(3) shall not be applied so as to consider a United States person as owning stock which is owned by a person who is not a United States person.”

Pub. L. 104–188, § 1704(t)(7)1996—Subsec. (a)(1). , substituted “section 960(a)(1)” for “sections 955(b)(1)(A) and (B), 955(c)(2)(A)(ii), and 960(a)(1)” in introductory provisions.

Pub. L. 104–188, § 1703(i)(4)Subsec. (b). , substituted “956(c)(2)” for “956(b)(2)” wherever appearing in introductory and closing provisions.

Pub. L. 94–4551976—Subsec. (b). inserted “956(b)(2)” after “purposes of sections 951(b), 954(d)(3),”, “to treat the stock of a domestic corporation as owned by a United States shareholder of the controlled foreign corporation for purposes of section 956(b)(2)” after “meaning of section 954(d)(3)” and “Paragraphs (1) and (4) shall not apply for purposes of section 956(b)(2) to treat stock of a domestic corporation as not owned by a United States shareholder” following subpar. (4).

Pub. L. 88–554 section 318(a)(2) of this title section 318 of this title Pub. L. 88–5541964—Subsec. (b). redesignated pars. (4) and (5) as (3) and (4), respectively, struck out former par. (3) which related to ownership of stock by a partnership, estate, trust, or corporation for purposes of applying first sentence of subpars. (A) and (B), and subpar. (C)(i) of , and made amendments throughout subsec. (b) to conform to changes made in by .

Statutory Notes and Related Subsidiaries

Effective Date of 2025 Amendment

Pub. L. 119–21Dec. 31, 2025section 70353(d) of Pub. L. 119–21 section 951B of this titleAmendment by applicable to taxable years of foreign corporations beginning after , see , set out as an Effective Date note under .

Effective Date of 2017 Amendment

Pub. L. 115–97, title I, § 14213(b)Dec. 22, 2017131 Stat. 2217

“The amendments made by this section [amending this section] shall apply to—

“(1)

January 1, 2018 the last taxable year of foreign corporations beginning before , and each subsequent taxable year of such foreign corporations, and

“(2)

taxable years of United States shareholders in which or with which such taxable years of foreign corporations end.”

, , , provided that:

section 14301(c)(31) of Pub. L. 115–97Dec. 31, 2017section 14301(d) of Pub. L. 115–97 section 78 of this titleAmendment by applicable to taxable years of foreign corporations beginning after , and to taxable years of United States shareholders in which or with which such taxable years of foreign corporations end, see , set out as a note under .

Effective Date of 1996 Amendment

section 1703(i)(4) of Pub. L. 104–188 Pub. L. 103–66oPub. L. 104–188 section 39 of this titleAmendment by effective as if included in the provision of the Revenue Reconciliation Act of 1993, , §§ 13001–13444, to which such amendment relates, see section 1703() of , set out as a note under .

Effective Date of 1976 Amendment

Pub. L. 94–455Dec. 31, 1975section 1021(c) of Pub. L. 94–455 section 956 of this titleAmendment by applicable to taxable years of foreign corporations beginning after , and to taxable years of United States shareholders within which or with which such taxable years of such corporations end, see , set out as a note under .

Effective Date of 1964 Amendment

Pub. L. 88–554Aug. 31, 1964Aug. 31, 1964section 4(c) of Pub. L. 88–554 section 318 of this titleAmendment by effective , except that for purposes of sections 302 and 304 of this title, such amendments shall not apply to distributions in payment for stock acquisitions or redemptions, if such acquisitions or redemptions occurred before , see , set out as a note under .

Construction

Pub. L. 119–21 section 70353(f) of Pub. L. 119–21 section 951B of this titleAmendment by not to be construed to create any inference with respect to the proper application of any provision of this title with respect to taxable years beginning before the taxable years to which such amendment applies, see , set out as a note under .