26 U.S.C. § 999 | Reports by taxpayers; determinations

(a)

International boycott reports by taxpayers

(1)

Report required

If any person, or a member of a controlled group (within the meaning of section 993(a)(3)) which includes that person, has operations in, or related to—

(A)

a country (or with the government, a company, or a national of a country) which is on the list maintained by the Secretary under paragraph (3), or

(B)

any other country (or with the government, a company, or a national of that country) in which such person or such member had operations during the taxable year if such person (or, if such person is a foreign corporation, any United States shareholder of that corporation) knows or has reason to know that participation in or co-operation with an international boycott is required as a condition of doing business within such country or with such government, company, or national,

that person or shareholder (within the meaning of section 951(b)) shall report such operations to the Secretary at such time and in such manner as the Secretary prescribes, except that in the case of a foreign corporation such report shall be required only of a United States shareholder (within the meaning of such section) of such corporation.

(2)

Participation and cooperation; request therefor

A taxpayer shall report whether he, a foreign corporation of which he is a United States shareholder, or any member of a controlled group which includes the taxpayer or such foreign corporation has participated in or cooperated with an international boycott at any time during the taxable year, or has been requested to participate in or cooperate with such a boycott, and, if so, the nature of any operation in connection with which there was participation in or cooperation with such boycott (or there was a request to participate or cooperate).

(3)

List to be maintained

The Secretary shall maintain and publish not less frequently than quarterly a current list of countries which require or may require participation in or cooperation with an international boycott (within the meaning of subsection (b)(3)).

(b)

Participation in or cooperation with an international boycott

(1)

General rule

If the person or a member of a controlled group (within the meaning of section 993(a)(3)) which includes the person participates in or cooperates with an international boycott in the taxable year, all operations of the taxpayer or such group in that country and in any other country which requires participation in or cooperation with the boycott as a condition of doing business within that country, or with the government, a company, or a national of that country, shall be treated as operations in connection with which such participation or cooperation occurred, except to the extent that the person can clearly demonstrate that a particular operation is a clearly separate and identifiable operation in connection with which there was no participation in or cooperation with an international boycott.

(2)

Special rule

(A)

Nonboycott operations

A clearly separate and identifiable operation of a person, or of a member of the controlled group (within the meaning of section 993(a)(3)) which includes that person, in or related to any country within the group of countries referred to in paragraph (1) shall not be treated as an operation in or related to a group of countries associated in carrying out an international boycott if the person can clearly demonstrate that he, or that such member, did not participate in or cooperate with the international boycott in connection with that operation.

(B)

Separate and identifiable operations

A taxpayer may show that different operations within the same country, or operations in different countries, are clearly separate and identifiable operations.

(3)

Definition of boycott participation and cooperation

For purposes of this section, a person participates in or cooperates with an international boycott if he agrees—

(A)

as a condition of doing business directly or indirectly within a country or with the government, a company, or a national of a country—

(i)

to refrain from doing business with or in a country which is the object of the boycott or with the government, companies, or nationals of that country;

(ii)

to refrain from doing business with any United States person engaged in trade in a country which is the object of the boycott or with the government, companies, or nationals of that country;

(iii)

to refrain from doing business with any company whose ownership or management is made up, all or in part, of individuals of a particular nationality, race, or religion, or to remove (or refrain from selecting) corporate directors who are individuals of a particular nationality, race, or religion; or

(iv)

to refrain from employing individuals of a particular nationality, race, or religion; or

(B)

as a condition of the sale of a product to the government, a company, or a national of a country, to refrain from shipping or insuring that product on a carrier owned, leased, or operated by a person who does not participate in or cooperate with an international boycott (within the meaning of subparagraph (A)).

(4)

Compliance with certain laws

This section shall not apply to any agreement by a person (or such member)—

(A)

to meet requirements imposed by a foreign country with respect to an international boycott if United States law or regulations, or an Executive Order, sanctions participation in, or cooperation with, that international boycott,

(B)

to comply with a prohibition on the importation of goods produced in whole or in part in any country which is the object of an international boycott, or

(C)

to comply with a prohibition imposed by a country on the exportation of products obtained in such country to any country which is the object of an international boycott.

(c)

International boycott factor

(1)

International boycott factor

For purposes of sections 908(a), 952(a)(3), and 995(b)(1)(F)(ii), the international boycott factor is a fraction, determined under regulations prescribed by the Secretary, the numerator of which reflects the world-wide operations of a person (or, in the case of a controlled group (within the meaning of section 993(a)(3)) which includes that person, of the group) which are operations in or related to a group of countries associated in carrying out an international boycott in or with which that person or a member of that controlled group has participated or cooperated in the taxable year, and the denominator of which reflects the world-wide operations of that person or group.

(2)

Specifically attributable taxes and income

If the taxpayer clearly demonstrates that the foreign taxes paid and income earned for the taxable year are attributable to specific operations, then, in lieu of applying the international boycott factor for such taxable year, the amount of the credit disallowed under section 908(a), the addition to subpart F income under section 952(a)(3), and the amount of deemed distribution under section 995(b)(1)(F)(ii) for the taxable year, if any, shall be the amount specifically attributable to the operations in which there was participation in or cooperation with an international boycott under section 999(b)(1).

(3)

World-wide operations

For purposes of this subsection, the term “world-wide operations” means operations in or related to countries other than the United States.

(d)

Determination with respect to particular operations

Upon a request made by the taxpayer, the Secretary shall issue a determination with respect to whether a particular operation of a person, or of a member of a controlled group which includes that person, constitutes participation in or cooperation with an international boycott. The Secretary may issue such a determination in advance of such operation in cases which are of such a nature that an advance determination is possible and appropriate under the circumstances. If the request is made before the operation is commenced, or before the end of a taxable year in which the operation is carried out, the Secretary may decline to issue such a determination before close of the taxable year.

(e)

Participation or cooperation by related persons

If a person controls (within the meaning of section 304(c)) a corporation—

(1)

participation in or cooperation with an international boycott by such corporation shall be presumed to be such participation or cooperation by such person, and

(2)

participation in or cooperation with such a boycott by such person shall be presumed to be such participation or cooperation by such corporation.

(f)

Willful failure to report

Any person (within the meaning of section 6671(b)) required to report under this section who willfully fails to make such report shall, in addition to other penalties provided by law, be fined not more than $25,000, imprisoned for not more than one year, or both.

Pub. L. 94–455, title X, § 1064(a)Oct. 4, 197690 Stat. 1650 Pub. L. 95–600, title VII, § 703(h)(2)Nov. 6, 197892 Stat. 2940 Pub. L. 98–369, div. A, title VIII, § 802(c)(3)July 18, 198498 Stat. 999 Pub. L. 99–514, title XVIII, § 1876(p)(3)Oct. 22, 1986100 Stat. 2902 Pub. L. 106–519, § 4(5)Nov. 15, 2000114 Stat. 2433 Pub. L. 108–357, title I, § 101(b)(8)Oct. 22, 2004118 Stat. 1423(Added , , ; amended , (3), , ; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 108–3572004—Subsec. (c)(1). struck out “941(a)(5),” after “sections 908(a),”.

Pub. L. 106–5192000—Subsec. (c)(1). inserted “941(a)(5),” after “908(a),”.

Pub. L. 99–514 section 802(c)(3) of Pub. L. 98–3691986—Subsec. (c)(1), (2). repealed thereby restoring former text. See 1984 Amendment note below.

Pub. L. 98–3691984—Subsec. (c)(1), (2). which substituted “995(b)(1)(F)(i)” for “995(b)(1)(F)(ii)” wherever appearing was repealed. See 1986 Amendment note above.

Pub. L. 95–600, § 703(h)(2)1978—Subsec. (c)(1). , substituted “995(b)(1)(F)(ii)” for “995(b)(3)”.

Pub. L. 95–600, § 703(h)(3)Subsec. (c)(2). , substituted “995(b)(1)(F)(ii)” for “995(b)(1)(D)(ii)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Pub. L. 108–357Dec. 31, 2004section 101(c) of Pub. L. 108–357 section 56 of this titleAmendment by applicable to transactions after , see , set out as a note under .

Effective Date of 2000 Amendment

Pub. L. 106–519Sept. 30, 2000section 5 of Pub. L. 106–519 section 56 of this titleAmendment by applicable to transactions after , with special rules relating to existing foreign sales corporations, see , set out as a note under .

Effective Date of 1986 Amendment

Pub. L. 99–514 Pub. L. 98–369, div. A section 1881 of Pub. L. 99–514 section 48 of this titleAmendment by effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, , to which such amendment relates, see , set out as a note under .

Effective Date of 1984 Amendment

Pub. L. 98–369Dec. 31, 1984section 805(a)(1) of Pub. L. 98–369 section 245 of this titleAmendment by applicable to transactions after , in taxable years ending after such date, see , as amended, set out as a note under .

Effective Date of 1978 Amendment

Pub. L. 95–600Oct. 4, 1976section 703(r) of Pub. L. 95–600 section 46 of this titleAmendment by effective on , see , set out as a note under .

Effective Date

Oct. 4, 1976section 1066(a) of Pub. L. 94–455 section 908 of this titleSection applicable to participation in or cooperation with an international boycott more than 30 days after , with special provisions for existing contracts, see , set out as an Effective Date of 1976 Amendment note under .

Plan Amendments Not Required Until January 1, 1989

Pub. L. 99–514Jan. 1, 1989section 1140 of Pub. L. 99–514 section 401 of this titleFor provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after , see , as amended, set out as a note under .

Reports by the Secretary

Pub. L. 94–455, title X, § 1067Oct. 4, 197690 Stat. 1654 Pub. L. 98–369, div. A, title IV, § 441(c)July 18, 198498 Stat. 815 section 999(a) of this titleMay 15, 2000section 3003 of Pub. L. 104–66 section 1113 of Title 31, , , as amended by , , , which required the Secretary to transmit a report every four years to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate relating to reports filed under and describing the administration of provisions relating to international boycott activity, terminated, effective , pursuant to , as amended, set out as a note under , Money and Finance. See, also, page 141 of House Document No. 103–7.