TAX 9869 Lecture Notes - Lecture 46: Investment, Withholding Tax, Tax Treaty

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17 Jul 2020
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With respect to nonresidents, the source of income from sales of inventory property is generally sourced to the jurisdiction in which title passes(where the sale occurs) When a tp manufactures it"s own inventory in the u. s. and sells it abroad, or manufactures abroad and sells in the u. s. , income must be split accordingly. The method that is used for sourcing purposes must also be used for the allocation and apportionment of expenses. Foreign corporations engaged in a u. s. trade/business are generally subject to the branch. The branch profits taxes impose on corporations doing business in an unincorporated form an additional 30% that simulates the additional withholding tax that would be imposed on earnings repatriated by a u. s. subsidiary via dividends. The first branch profits tax equals 30% (or a lower treaty rate) of a foreign corporation"s. Ex) the amount that would be treated as a dividend if distributed to the foreign parent of the branch were a subsidiary corporation.

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