26 USC 269B - Stapled entities

U.S Code last checked for updates: May 02, 2024

§ 269B.

Stapled entities

(a)

General rule

Except as otherwise provided by regulations, for purposes of this title—

(1)

if a domestic corporation and a foreign corporation are stapled entities, the foreign corporation shall be treated as a domestic corporation.

(2)

in applying section 1563, stock in a second corporation which constitutes a stapled interest with respect to stock of a first corporation shall be treated as owned by such first corporation, and

(3)

in applying subchapter M for purposes of determining whether any stapled entity is a regulated investment company or a real estate investment trust, all entities which are stapled entities with respect to each other shall be treated as 1 entity.

(b)

Secretary to prescribe regulations

(c)

Definitions

For purposes of this section—

(1)

Entity

(2)

Stapled entities

(3)

Stapled interests

(d)

Special rule for treaties

(e)

Subsection (a)(1) not to apply in certain cases

(1)

In general

(2)

Foreign owned

For purposes of paragraph (1), a corporation is foreign owned if less than 50 percent of—

(A)

the total combined voting power of all classes of stock of such corporation entitled to vote, and

(B)

the total value of the stock of the corporation,

is held directly (or indirectly through applying paragraphs (2) and (3) of section 958(a) and paragraph (4) of section 318(a)) by United States persons (as defined in section 7701(a)(30)).

(Added Pub. L. 98–369, div. A, title I, § 136(a), July 18, 1984, 98 Stat. 669; amended Pub. L. 99–514, title XVIII, § 1810(j), Oct. 22, 1986, 100 Stat. 2829.)

cite as: 26 USC 269B