§853 — Foreign tax credit allowed to shareholders
45 cases·8 followed·3 distinguished·2 questioned·1 criticized·8 overruled·23 cited—18% support
Statute Text — 26 U.S.C. §853
A regulated investment company—
more than 50 percent of the value (as defined in section 851(c)(4)) of whose total assets at the close of the taxable year consists of stock or securities in foreign corporations, and
which meets the requirements of section 852(a) for the taxable year,
may, for such taxable year, elect the application of this section with respect to income, war profits, and excess profits taxes described in section 901(b)(1), which are paid by the investment company during such taxable year to foreign countries and possessions of the United States.
If the election provided in subsection (a) is effective for a taxable year—
the regulated investment company—
shall not, with respect to such taxable year, be allowed a deduction under section 164(a) or a credit under section 901 for taxes to which subsection (a) is applicable, and
shall be allowed as an addition to the dividends paid deduction for such taxable year the amount of such taxes;
each shareholder of such investment company shall—
include in gross income and treat as paid by him his proportionate share of such taxes, and
treat as gross income from sources within the respective foreign countries and possessions of the United States, for purposes of applying subpart A of part III of subchapter N, the sum of his proportionate share of such taxes and the portion of any dividend paid by such investment company which represents income derived from sources within foreign countries or possessions of the United States.
The amounts to be treated by the shareholder, for purposes of subsection (b)(2), as his proportionate share of—
taxes paid to any foreign country or possession of the United States, and
gross income derived from sources within any foreign country or possession of the United States,
shall not exceed the amounts so reported by the company in a written statement furnished to such shareholder.
The election provided in subsection (a) shall be made in such manner as the Secretary may prescribe by regulations.
This section shall not apply to any tax with respect to which the regulated investment company is not allowed a credit under section 901 by reason of subsection (k) or (l) of such section.
For treatment by shareholders of taxes paid to foreign countries and possessions of the United States, see section 164(a) and section 901.
For definition of foreign corporation, see section 7701(a)(5).
Treasury Regulations
- Treas. Reg. §Treas. Reg. §1.853-1 Foreign tax credit allowed to shareholders
- Treas. Reg. §Treas. Reg. §1.853-1(a) In general.
- Treas. Reg. §Treas. Reg. §1.853-1(b) Requirements.
- Treas. Reg. §Treas. Reg. §1.853-1(c) Effective/applicability date.
- Treas. Reg. §Treas. Reg. §1.853-2 Effect of election
- Treas. Reg. §Treas. Reg. §1.853-2(a) Regulated investment company.
- Treas. Reg. §Treas. Reg. §1.853-2(b) Shareholder.
- Treas. Reg. §Treas. Reg. §1.853-2(c) Dividends paid after the close of the taxable year.
- Treas. Reg. §Treas. Reg. §1.853-2(d) Example.
- Treas. Reg. §Treas. Reg. §1.853-2(e) Effective/applicability date.
- Treas. Reg. §Treas. Reg. §1.853-3 Notice to shareholders
- Treas. Reg. §Treas. Reg. §1.853-3(a) General rule.
- Treas. Reg. §Treas. Reg. §1.853-3(b) Shareholder of record custodian of certain unit investment trusts.
- Treas. Reg. §Treas. Reg. §1.853-3(c) Effective/applicability date.
- Treas. Reg. §Treas. Reg. §1.853-4 Manner of making election
- Treas. Reg. §Treas. Reg. §1.853-4(a) General rule.
- Treas. Reg. §Treas. Reg. §1.853-4(b) Irrevocability of the election.
- Treas. Reg. §Treas. Reg. §1.853-4(c) Required information.
- Treas. Reg. §Treas. Reg. §1.853-4(d) Time and manner of providing information.
- Treas. Reg. §Treas. Reg. §1.853-4(e) Effective/applicability date.
45 Citing Cases
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Next, we disagree with Mr.
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