26 USC 245A - Deduction for foreign source-portion of dividends received by domestic corporations from specified 10-percent owned foreign corporations

U.S Code last checked for updates: May 20, 2024

§ 245A.

Deduction for foreign source-portion of dividends received by domestic corporations from specified 10-percent owned foreign corporations

(a)

In general

(b)

Specified 10-percent owned foreign corporation

For purposes of this section—

(1)

In general

(2)

Exclusion of passive foreign investment companies

(c)

Foreign-source portion

For purposes of this section—

(1)

In general

The foreign-source portion of any dividend from a specified 10-percent owned foreign corporation is an amount which bears the same ratio to such dividend as—

(A)

the undistributed foreign earnings of the specified 10-percent owned foreign corporation, bears to

(B)

the total undistributed earnings of such foreign corporation.

(2)

Undistributed earnings

The term “undistributed earnings” means the amount of the earnings and profits of the specified 10-percent owned foreign corporation (computed in accordance with sections 964(a) and 986)—

(A)

as of the close of the taxable year of the specified 10-percent owned foreign corporation in which the dividend is distributed, and

(B)

without diminution by reason of dividends distributed during such taxable year.

(3)

Undistributed foreign earnings

The term “undistributed foreign earnings” means the portion of the undistributed earnings which is attributable to neither—

(A)

income described in subparagraph (A) of section 245(a)(5), nor

(B)

dividends described in subparagraph (B) of such section (determined without regard to section 245(a)(12)).

(d)

Disallowance of foreign tax credit, etc.

(1)

In general

(2)

Denial of deduction

(e)

Special rules for hybrid dividends

(1)

In general

(2)

Hybrid dividends of tiered corporations

If a controlled foreign corporation with respect to which a domestic corporation is a United States shareholder receives a hybrid dividend from any other controlled foreign corporation with respect to which such domestic corporation is also a United States shareholder, then, notwithstanding any other provision of this title—

(A)

the hybrid dividend shall be treated for purposes of section 951(a)(1)(A) as subpart F income of the receiving controlled foreign corporation for the taxable year of the controlled foreign corporation in which the dividend was received, and

(B)

the United States shareholder shall include in gross income an amount equal to the shareholder’s pro rata share (determined in the same manner as under section 951(a)(2)) of the subpart F income described in subparagraph (A).

(3)

Denial of foreign tax credit, etc.

(4)

Hybrid dividend

The term “hybrid dividend” means an amount received from a controlled foreign corporation—

(A)

for which a deduction would be allowed under subsection (a) but for this subsection, and

(B)

for which the controlled foreign corporation received a deduction (or other tax benefit) with respect to any income, war profits, or excess profits taxes imposed by any foreign country or possession of the United States.

(f)

Special rule for purging distributions of passive foreign investment companies

(g)

Regulations

(Added Pub. L. 115–97, title I, § 14101(a), Dec. 22, 2017, 131 Stat. 2189.)

cite as: 26 USC 245A