Controlled foreign corporations
are not subject to U.S.
The most significant effect of the Revenue Act of 1962 for controlled foreign corporations
was the introduction of Subpart F to the Internal Revenue Code.
and the transaction either is described in any of the paragraphs (b)(2) through (b)(5) or in paragraph (b)(7), or reduces or eliminates an income inclusion that otherwise would be required under section 551, 951, or 1293." (Emphasis in the original.) Thus, reporting shareholders of controlled foreign corporations
(CFCs) must seemingly disclose the CFC's participation in "listed transactions," transactions offered under conditions of confidentiality, transactions with contractual protection, transactions generating section 165 losses, and transactions involving brief asset holding periods.
shareholders of a controlled foreign corporation
(CFC) are required to include in current income certain income of the CFC (referred to as "Subpart F" income).
(ii) Tangible property (other than real property) used or held for use in the controlled foreign corporation
's trade or business that is of a character that would be subject to the allowance for depreciation under section 167 or 168 and the regulations under those sections (including tangible property described in [section] 1.167(a)-2);
Unlike other anti-deferral regimes (e.g., controlled foreign corporation
(CFC) or FPHC provisions), Sec.
And in 1997, Congress rectified an inequity that has existed for the past decade when it eliminated the overlap between the controlled foreign corporation
and passive foreign investment company rules.
Certain foreign-to-foreign transactions, such as the transfer of stock of a controlled foreign corporation
(CFC) to another CFC are now covered.
federal taxable income of certain earnings of controlled foreign corporations
The 100% pledge of the voting equity in controlled foreign corporations
, rather than 65%, may result in some upgrades of secured debt instruments and downgrades of unsecured obligations.
Extraterritorial Income and Controlled Foreign Corporations
. Some of the most significant business tax changes introduced by TIPRA are in the international arena.
More than 50 island companies (subsidiaries of major corporations) have switched to another tax code provision (Section 901), known as Controlled Foreign Corporations
(CFCs), but not all companies are able to find tax shelter under this provision.