Lapas attēli
PDF
ePub

$100 foreign currency loss for the post-October period of 1988, but without regard to $75 of the $100 foreign currency loss for the postOctober period of 1988 because it made an election to defer $75 of the $100 post-October currency loss for 1988 under paragraph (f)(1) of this section. Accordingly, X's taxable income for 1988 will include a net foreign currency gain of $175. X's taxable income will include a net foreign currency gain of $75 for 1989 because X must compute its taxable income for 1989 by including $75 of the $100 foreign currency loss for the post-October period of 1988 in addition to the foreign currency gains and losses for 1989.

(ii) Earnings and profits. X must determine its earnings and profits for 1988 without regard to the $100 foreign currency loss for the post-October period of 1988. X must, however, inlcude $25 of the $100 foreign currency loss for the post-October period of 1988 in determining its accumulated earnings and profits for 1988. In determining both its earnings and profits and its accumulated earnings and profits for 1989, X must include (in addition to the foreign currency gains and losses for 1989) the $75 of the $100 foreign currency loss for the post-October period of 1988 as if that loss arose on January 1, 1989. Thus, x includes $200 of foreign currency gain in its earnings and profits for 1988, includes $175 in its accumulated earnings and profits for 1988, and includes $75 of foreign currency gain in its earnings and profits for 1989.

(i) Procedure for making election—(1) In general. Except as provided in paragraph (i)(2) of this section, a regulated investment company may make an election under paragraph (f)(1) of this section for a taxable year to which this section applies by completing its income tax return (including any necessary schedules) for that taxable year in accordance with the instructions for the form that are applicable to the election.

(2) When applicable instructions not available. If the instructions for the income tax returns of regulated investment companies for a taxable year to which this section applies do not reflect the provisions of this section, a regulated investment company may make an election under paragraph (f)(1) of this section for that year by entering the appropriate amounts on its income tax return (including any necessary schedules) for that year, and by attaching a written statement to the return that states

(i) The taxable year for which the election under this section is made;

(ii) The fact that the regulated investment company elects to defer all or a part of its post-October capital loss or post-October currency loss for that taxable year for purposes of computing its taxable income under the terms of this section;

(iii) The amount of the post-October capital loss or post-October currency loss that the regulated investment company elects to defer for that taxable year; and

(iv) The name, address, and employer identification number of the regulated investment company.

(j) Transition rules—(1) In general. For a taxable year ending before March 2, 1990 in which a regulated investment company incurred a post-October capital loss or post-October currency loss, the company may use any method that is consistently applied and in accordance with reasonable business practice to determine the amounts taken into account in that taxable year for purposes of paragraphs (e)(2), (f)(3), and (g) of this section and to determine the amount taken into account in the succeeding year for purposes of paragraphs (e)(3), (f)(4), and (g) of this section. For example, for purposes of paragraph (e), a taxpayer may use a method that treats as incurred in a taxable year all capital gains taken into account in computing the post-October capital loss for that year and an amount of capital loss for such period equal to the amount of such gains and that treats the remaining amount of capital loss for such period as arising on the first day of the succeeding year. Similarly, for purposes of paragraph (e)(3), a taxpayer may use a method that treats as arising on the first day of the succeeding year only the excess of the capital losses from sales or exchanges after October 31 over the capital gains for such period (that is, the net capital loss or net long-term capital loss for such period).

(2) Retroactive election–(i) In general. A regulated investment company may make an election (a “retroactive election”) under paragraph (f)(1) for a taxable year with respect to which it has filed an income tax return on or before May 1, 1990 (a “retroactive election year'') by filing an amended return (including any necessary schedules) for

as

the retroactive election year reflecting the appropriate amounts and by attaching a written statement to the return that complies with the requirements of paragraph (i)(2) of this section.

(ii) Deadline for making election. A retroactive election may be made no later than December 31, 1990.

(3) Amended return required for succeeding year in certain circumstances—(i) In general. If, at the time a regulated investment company makes a retroactive election under this section, it has already filed an income tax return for the succeeding year, the company must file an amended return for such succeeding year reflecting the appropriate amounts.

(ii) Time for filing amended return. An amended return required under paragraph (j)(3)(i) of this section must be filed together with the amended return described in paragraph (j)(2)(i).

(4) Retroactive dividend-(i) In general. A regulated investment company that makes a retroactive election under this section for a retroactive election year may elect to treat any dividend (or portion thereof) declared and paid (or treated as paid under section 852(b)(7)) by the regulated investment company after the retroactive election year and on or before December 31, 1990 as having been paid during the retroactive election year (a “retroactive dividend"). This election shall be irrevocable with respect to the retroactive dividend to which it applies.

(ii) Method of making election. The election under this paragraph (j)(4) must be made by the regulated investment company by treating the dividend (or portion thereof) to which the election applies as a dividend paid during the retroactive election year in computing its deduction for dividends paid in its tax returns for all applicable years (including the amended return(s) required to be filed under paragraphs (j)(2) and (3) of this section).

(iii) Deduction for dividends paid—(A) In general. Subject to the rules of sections 561 and 562, a regulated investment company

shall include the amount of any retroactive dividend in computing its deduction for dividends paid for the retroactive election year. No deduction for dividends paid shall

be allowed under this paragraph (j)(4)(iii)(A) for any amount not paid (or treated paid under section 852(b)(7)) on or before December 31, 1990.

(B) Limitation on ordinary dividends. The amount of retroactive dividends (other than retroactive dividends qualifying as capital gain dividends) paid for a retroactive election year under this section shall not exceed the increase, if any, in the investment company taxable income of the regulated investment company (determined without regard to the deduction for dividends paid (as defined in section 561)) that is attributable solely to the regulated investment company having made the retroactive election.

(C) Limitation on capital gain dividends. The amount of retroactive dividends qualifying as capital gain dividends paid for a retroactive election year under this section shall not exceed the increase, if any, in the amount of the excess described in section 852(b)(3)(A) (relating to the excess of the net capital gain over the deduction for capital gain dividends paid) that is attributable solely to the regulated investment company having made the retroactive election.

(D) Effect on other years. A retroactive dividend shall not be includible in computing the deduction for dividends paid for

(1) The taxable year in which such distribution is actually paid (or treated as paid under section 852(b)(7)); or

(2) Under section 855(a), the taxable year preceding the retroactive election year.

(iv) Earnings and profits. A retroactive dividend shall be considered as paid out of the earnings and profits of the retroactive election year (computed with the application of sections 852(c) and 855, $1.852-5, $1.855-1, and this section), and not out of the earnings and profits of the taxable year in which the distribution is actually paid (or treated as paid under section 852(b)(7)).

(v) Receipt by shareholders. Except as provided in section 852(b)(7), a retroactive dividend shall be included in the gross income of the shareholders of the regulated investment company for the

taxable year in which the dividend is year less than the maximum amount received by them.

permitted under paragraph (e) of this (vi) Foreign tax election. If a regulated section for that taxable year, the reguinvestment company to which section lated investment company may des853 (relating to foreign taxes) is appli- ignate an additional amount of divicable for a retroactive election year dends paid (or treated as paid under elects to treat a dividend paid (or sections 852(b)(7) or 855, or paragraph treated as paid under section 852(b)(7)) (j)(4) of this section) for the taxable during the taxable year as a retro

year as capital gain dividends, notwithactive dividend, the shareholders of the

standing that a written notice was not regulated investment company shall

mailed to its shareholders within 60 consider the amounts described in sec- days after the close of the taxable year tion 853(b)(2) allocable to such distribu

in which the distribution was paid (or tion as paid or received, as the case

treated as paid under section 852(b)(7)). may be, in the shareholder's taxable

(k) Effective date, the provisions of year in which the distribution is made.

this section shall apply to taxable (vii) Example. The provisions of this

years ending after October 31, 1987. paragraph (j)(4) may be illustrated by the following example:

[T.D. 8287, 55 FR 3213, Jan. 31, 1990; 55 FR

7891, Mar. 6, 1990; 55 FR 11110, Mar. 26, 1990. Example. X is a regulated investment com

Redesignated and amended by T.D. 8320, 55 pany that computes its income on a calendar

FR 50176, Dec. 5, 1990; 56 FR 2808, Jan. 24, year basis. No election is in effect under sec

1991; 56 FR 8130, Feb. 27, 1991) tion 4982(e)(4). X has the following income for 1988:

$ 1.852–12 Non-RIC earnings and profFOREIGN CURRENCY GAINS AND LOSSES

its. Gains and Losses

(a) Applicability of section

852(a)(2)(A)–(1) In general. An investJan. 1-Oct. 31-100

ment company does not satisfy section Nov. 1-Dec. 31-(75)

852(a)(2)(A) unlessCAPITAL GAINS AND LOSSES

(i) Part I of subchapter M applied to Jan. 1-Oct. 31short term, 100; long term, 100

the company for all its taxable years Nov. 1-Dec. 31-short term, 50; long term,

ending on or after November 8, 1983; (100)

and (A) X had investment company taxable in

(ii) For each corporation to whose come of $175 and no net capital gain for 1988 earnings and profits the investment for taxable income purposes. X distributed company succeeded by the operation of $175 of investment company taxable income section 381, part I of subchapter M apas an ordinary dividend for 1988.

plied for all the corporation's taxable (B) If X makes a retroactive election under this section to defer the entire $75 post-Octo

years ending on or after November 8,

1983. ber currency loss and the entire $50 post-October capital loss for the post-October period

(2) Special rule. See section of its 1988 taxable year for purposes of com- 1071(a)(5)(D) of the Tax Reform Act of puting its taxable income, that deferral in- 1984, Public Law 98-369 (98 Stat. 1051), creases X's investment company taxable in- for a special rule which treats part I of come for 1988 by $25 (due to an increase in

subchapter M as having applied to an foreign currency gain of $75 and a decrease in

investment company's first taxable short-term capital gain of $50) to $200 and increases the excess described in section

year ending after November 8, 1983. 852(b)(3)(A) for 1988 by $100 from $0 to $100.

(b) Applicability

section The amount that X may treat as a retro- 852(a)(2)(B)(1) In general. An investactive ordinary dividend is limited to $25, ment company does not satisfy section and the amount that X may treat as a retro- 852(a)(2)(B) unless, as of the close of the active capital gain dividend is limited to

taxable year, it has no earnings and $100.

profits other than earnings and profits (5) Certain distributions may be des- that ignated retroactively as capital gain divi- (i) Were earned by a corporation in a dends. To the extent that a regulated year for which part I of subchapter M investment company designated as applied to the corporation and, at all capital gain dividends for a taxable times thereafter, were the earnings and

of

profits of a corporation to which part I of subchapter M applied;

(ii) By the operation of section 381 pursuant to a transaction that

OCcurred before December 22, 1992, became the earnings and profits of a corporation to which part I of subchapter M applied and, at all times thereafter, were the earnings and profits of a corporation to which part I of subchapter M applied;

(iii) Were accumulated in a taxable year ending before January 1, 1984, by a corporation to which part I of subchapter M applied for any taxable year ending before November 8, 1983; or

(iv) Were accumulated in the first taxable year of an investment company that began business in 1983 and that was not a successor corporation.

(2) Prior law. For purposes of paragraph (b) of this section, a reference to part I of subchapter M includes a reference to the corresponding provisions of prior law.

(c) Effective date. This regulation is effective for taxable years ending on or after December 22, 1992.

(d) For treatment of net built-in gain assets of a C corporation that become assets of a RIC, see $1.337(d)-5T. [T.D. 8483, 58 FR 43798, Aug. 18, 1993; 58 FR 49352, Sept. 22, 1993; T.D. 8872, 65 FR 5777, Feb. 7, 2000)

and paragraph (b) of $1.853-2. The election is not applicable with respect to taxes deemed to have been paid under section 902 (relating to the credit allowed to corporate stockholders of a foreign corporation for taxes paid by such foreign corporation).

(b) Requirements. To qualify for the election provided in section 853(a), a regulated investment company (1) must have more than 50 percent of the value of its total assets, at the close of the taxable year for which the election is made, invested in stocks and securities of foreign corporations, and (2) must also, for that year, comply with the requirements prescribed in section 852(a) and paragraph (a) of $1.852–1. The term “value”, for purposes of the first requirement, is defined in section 851(c)(4). For the definition of foreign corporation, see section 7701(a). $ 1.853-2 Effect of election.

(a) Regulated investment company. A regulated investment company making a valid election with respect to a taxable year under the provisions of section 853(a) is, for such year, denied both the deduction for foreign taxes provided by section 164(a) and the credit for foreign taxes provided by section 901 with respect to all income, warprofits, and excess profits taxes (described in section 901(b)(1)) which it has paid to any foreign country or possession of the United States. See section 853(b)(1)(A). However, under section 853(b)(1)(B), the regulated investment company is permitted to add the amount of such foreign taxes paid to its dividends paid deduction for that taxable year. See paragraph (a) of $1.852-1.

(b) Shareholder. Under section 853(b)(2), a shareholder of an investment company, which has made the election under section 853, is, in effect, placed in the same position as a person directly owning stock in foreign corporations, in that he must include in his gross income (in addition to taxable dividends actually received) his proportionate share of such foreign taxes paid and must treat such amount as foreign taxes paid by him for the purposes of the deduction under section 164(a) and the credit under section 901. For such purposes he must treat as gross income

a

$ 1.853–1 Foreign tax credit allowed to

shareholders. (a) In general. Under section 853, regulated investment company, meeting the requirements set forth in section 853(a) and paragraph (b) of this section, may make an election with respect to the income, war-profits, and excess profits taxes described in section 901(b)(1) which it pays to foreign countries or possessions of the United States during the taxable year, including such taxes as are deemed paid by it under the provisions of any income tax convention to which the United States is a party. If an election is made, the shareholders of the regulated investment company shall apply their proportionate share of such foreign taxes paid, or deemed to have been paid by it pursuant to any income tax convention, as either a credit (under section 901) or as a deduction (under section 164(a)) as provided by section 853(b)(2)

from a foreign country or possession of the United States (1) his proportionate share of the taxes paid by the regulated investment company to such foreign country or possession and (2) the portion of any dividend paid by the investment company which represents income derived from such sources.

(C) Dividends paid after the close of the tarable year. For additional rules applicable to certain distributions made after the close of the taxable year which may be designated as income received from sources within and taxes paid to foreign countries or possessions of the United States, see section 855(d) and paragraph (f) of $1.855–1.

(d) Erample. This section may be illustrated as follows:

(1) The X Corporation, a regulated investment company, has total assets, at the close of the taxable year, of $10 million invested as follows: Domestic corporations

$4,000,000 Foreign corporations in: Country A

$3,500,000 Country B

2,500,000

6,000,000

$0.30 per share of stock ($75,000 of foreign taxes paid, divided by the 250,000 shares of stock outstanding), of which $0.20 represents taxes paid to Country B and $0.10 taxes paid to Country A. The shareholders must report as income $2.88 per share ($2.58 of dividends actually received plus the $0.30 representing foreign taxes paid). Of the $2.88 per share, $1.80 per share ($450,000 (which represents such part of the net dividend income of $720,000 as the foreign dividend income of $500,000 bears to the total dividend income of $800,000) divided by 250,000 shares) is to be considered

received from foreign sources. Ninety cents is to be considered as received from Country A, and ninety cents from Country B.

as

[blocks in formation]

$ 1.853-3 Notice to shareholders.

(a) General rule. If a regulated investment company makes an election under section 853(a), in the manner provided in $1.853-4, the investment company is required, under section 853(c), to furnish its shareholders with a written notice mailed not later than 45 days (30 days for taxable years ending before February 26, 1964) after the close of its taxable year. The notice must designate the shareholder's portion of foreign taxes paid to each such country or possession and the portion of the dividend which represents income derived from sources within each such country or possession. For purposes of section 853(b)(2) and paragraph (b) of $ 1.853-2, the amount that a shareholder may treat as his proportionate share of foreign taxes paid and the amount to be included as gross income derived from any foreign country or possession of the United States shall not exceed the amounts so designated by the company in such written notice. If, however, the amount designated by the company in the notice exceeds the shareholder's

proper proportionate share of foreign taxes or gross income from sources within any foreign country or possession, the shareholder is limited to the amount correctly ascertained.

(b) Shareholder of record custodian of certain unit investment trusts. In any case where a notice is mailed pursuant to paragraph (a) of this section by a

25.000

50,000

[blocks in formation]
« iepriekšējāTurpināt »