26 C.F.R. § 1.941-3   Illustration of principles.


Title 26 - Internal Revenue


Title 26: Internal Revenue
PART 1—INCOME TAXES
china trade act corporations

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§ 1.941-3   Illustration of principles.

The application of section 941 may be illustrated by the following example:

Example.  (1) The A Company, a China Trade Act corporation, has taxable income (computed without regard to the deduction under section 941) for the calendar year 1954 of $200,000 and receives no dividends from domestic corporations. All of its stock on December 31, 1954, is owned on that date by persons resident in Formosa, Hong Kong, the United States, or possessions of the United States, or individual citizens of the United States. It distributes a special dividend amounting to $100,000 on February 15, 1955, which is certified by the Secretary of Commerce as provided in section 941(b). For the purpose of the tax imposed by section 11, it is necessary in this example to make two computations, first, without allowing the special deduction from taxable income on account of income derived from sources within Formosa and Hong Kong, and, second, allowing such deduction. The computations are as follows:

(2) First computation; without allowing the special deduction from taxable income.

   Taxable income...............................................   $200,000Normal tax (section 11 (b))..................................     60,000Surtax (section 11 (c))......................................     38,500Total income tax.............................................     98,500 
  (3) Second computation; allowing the special deduction from taxable income.
   Taxable income.............................................     $200,000 

Since the total taxable income is derived from sources within Formosa and Hong Kong and since the par value of the shares of stock of the corporation owned on the last day of the taxable year by (a) persons resident in Formosa, Hong Kong, the United States, or possessions of the United States, and (b) individual citizens of the United States wherever resident, is 100 percent of the par value of the total number of shares of stock of the corporation outstanding on that day, 100 percent of such taxable income is deductible.

   Special deduction from taxable income......................     $200,000Amount of income subject to tax under section 11...........         None 
  (4) Since the special dividend ($100,000) exceeds the diminution of the tax ($98,500) on account of the allowance of the special deduction from taxable income, the entire amount of the special deduction is allowable and the corporation has no income tax liability for 1954.

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