Sec. 1.955-1 Shareholder's pro rata share of amount of previously excluded Subpart F income withdrawn from investment in less developed countries.
(a) In general.
Pursuant to section 951(a)(1)(A)(ii) and the regulations thereunder, a United States shareholder of a controlled foreign corporation must include in its gross income its pro rata share (as determined in accordance with paragraph (c) of this section) of the amount of such controlled foreign corporation's previously excluded Subpart F income which is withdrawn for any taxable year from investment in less developed countries. Section 955 provides rules for determining the amount of a controlled foreign corporation's previously excluded Subpart F income for any taxable year of the corporation beginning after December 31, 1962, that is withdrawn from investment in less developed countries for any taxable year of the corporation beginning before January 1, 1976. Except for investment in less developed country shipping companies, section 955 also provides rules for determining the amount of a controlled foreign corporation's previously excluded Subpart F income for any taxable year of the corporation beginning after December 31, 1962, which is withdrawn from investment in less developed countries in taxable years of the corporation beginning after December 31, 1975. To determine the amount of a controlled foreign corporation's previously excluded Subpart F income withdrawn from investment in less developed country shipping companies described in section 955(c)(2) in taxable years of a controlled foreign corporation beginning after December 31, 1975, see section 955(b)(5) (as in effect after amendment by the Tax Reduction Act of 1975) and sections 1.955A-1 through 1.955A-4 . For effective dates, see section 1.955-0.
(b) Amount withdrawn by controlled foreign corporation
(1) In general.
For purposes of sections 951 through 964, the amount of a controlled foreign corporation's previously excluded Subpart F income which is withdrawn for any taxable year from investment in less developed countries is an amount equal to the decrease for such year in such corporation's qualified investments in less developed countries. Such decrease is, except as provided in section 1.955-3--
(i) An amount equal to the excess of the amount of its qualified investments in less developed countries at the close of the preceding taxable year over the amount of its qualified investments in less developed countries at the close of the taxable year, minus
(ii) The amount (if any) by which recognized losses on sales or exchanges by such corporation during the taxable year of qualified investments in less developed countries exceed its recognized gains on sales or exchanges during such year of qualified investments in less developed countries,
but only to the extent that the net amount so determined does not exceed the limitation determined under subparagraph (2) of this paragraph. See section 1.955-2 for determining the amount of qualified investments in less developed countries.
(2) Limitations applicable in determining decreases
(i) General.
The limitation referred to in subparagraph (1) of this paragraph for any taxable year of a controlled foreign corporation shall be the lesser of the following two limitations:
(a) The sum of the controlled foreign corporation's earnings and profits (or deficit in earnings and profits) for the taxable year, computed as of the close of the taxable year without diminution by reason of any distributions made during the taxable year, plus the sum of its earnings and profits (or deficits in earnings and profits) accumulated for prior taxable years beginning after December 31, 1962, (including prior taxable years beginning after December 31, 1975) or,
(b) The sum of the amounts excluded under section 954(b)(1) and paragraph (b)(1) of section 1.954-1 from the foreign base company income of such corporation for all prior taxable years, minus the sum of the amounts (determined under this paragraph) of its previously excluded Subpart F income withdrawn from investment in less developed countries for all prior taxable years.
(ii) Treatment of earnings and profits.
For purposes of determining earnings and profits of a controlled foreign corporation under subdivision (i)(a) of this subparagraph, such earnings and profits shall be considered not to include any amounts which are attributable to--
(1) Amounts which, for the current taxable year, are included in the gross income of a United States shareholder of such controlled foreign corporation under section 951(a)(1)(A)(i) or (iii), or
(2) Amounts which, for any prior taxable year, have been included in the gross income of a United States shareholder of such controlled foreign corporation under section 951(a) and have not been distributed; or
(1) Amounts which, for the current taxable year, are included in the gross income of a United States shareholder of such controlled foreign corporation under section 551 (b) or would be so included under such section but for the fact that such amounts were distributed to such shareholder during the taxable year, or
(2) Amounts which, for any prior taxable year, have been included in the gross income of a United States shareholder of such controlled foreign corporation under section 551 (b) and have not been distributed.
The rules of this subdivision apply only in determining the limitation on a controlled foreign corporation's decrease in qualified investments in less developed countries. See section 959 and the regulations thereunder for limitations on the exclusion from gross income of previously taxed earnings and profits.
(3) Taxable years beginning after December 31, 1975.
(i) In the case of a taxable year of a controlled foreign corporation beginning after December 31, 1975, section 1.955-2(b)(5) must be applied in determining the amount of its qualified investments in less developed countries on both of the determination dates applicable to such taxable year.
(ii) The application of this subparagraph may be illustrated by the following examples:
Example 1.
(a) Controlled foreign corporation M uses the calendar year as the taxable year. Throughout 1974 through 1976, M owns 100 percent of the only class of stock of foreign corporation N, a less developed country shipping company described in section 1.955-5(b) , and M owns no other stock or obligations. The amount taken into account under section 1.955-2(d) with respect to the stock of N is $10,000 at the close of 1974, 1975, and 1976. The amount of M's previously excluded Subpart F income which is withdrawn for 1975 (a year to which section 1.955-2(b)(5) does not apply) from investment in less developed countries is zero, determined as follows:
(1) Qualified investments in less developed countries at the close of 1974 | $10,000 |
(2) Less: qualified investments in less developed countries at the close of 1975 | 10,000 |
(3) Balance | 0 |
(Further computations similar to those set out in lines (iv) through (ix) of example (1) of paragraph (d) of this section are unnecessary because the balance in line (3) of this example is zero.)
(b) As a result of section 1.955-2(b)(5)(ii), the amount of M's previously excluded Subpart F income which is withdrawn for 1976 from investment in less developed countries is zero, determined as follows:
(1) Qualified investments in less developed countries at the close of 1975 | $0 |
(2) Less: qualified investments in less developed countries at the close of 1976 | 0 |
(3) Balance | 0 |
Example 2. The facts are the same as in example (1), except that foreign corporation N is a less developed country corporation described in section 1.955-5(a) . The amount of M's previously excluded Subpart F income withdrawn for 1976 from investment in less developed countries is zero, determined as follows:
(1) Qualified investments in less developed countries at the close of 1975 | $10,000 |
(2) Less: qualified investments in less developed countries at the close of 1976 | 10,000 |
(3) Balance | 0 |
(c) Shareholder's pro rata share of amount withdrawn by controlled foreign corporation
(1) In general.
A United States shareholder's pro rata share of a controlled foreign corporation's previously excluded Subpart F income withdrawn for any taxable year from investment in less developed countries is his pro rata share of the amount withdrawn for such year by such corporation, as determined under paragraph (b) of this section. See section 955(a)(3).
(2) Special rule.
A United States shareholder's pro rata share of the net amount determined under paragraph (b)(2)(i)(b) of this section with respect to any stock of the controlled foreign corporation owned by such shareholder shall be determined without taking into account any amount attributable to a period prior to the date on which such shareholder acquired such stock. See section 1248 and the regulations thereunder for rules governing treatment of gain from sales or exchanges of stock in certain foreign corporations.
(d) Illustrations.
The application of this section may be illustrated by the following examples:
Example 1. A, a United States shareholder, owns 60 percent of the only class of stock of M Corporation, a controlled foreign corporation throughout the entire period here involved. Both A and M Corporation use the calendar year as a taxable year. Corporation M's qualified investments in less developed countries at the close of 1964 amount to $125,000; and, at the close of 1965, to $75,000. During 1965, M Corporation realizes recognized gains of $5,000 and recognized losses of $15,000, on sales of qualified investments in less developed countries. Corporation M's earnings and profits for 1965 and its accumulated earnings and profits for 1963 and 1964 amount to $45,000, as determined under paragraph (b)(2) of this section. The amount excluded under section 954(b)(1) for 1963 from its foreign base company income is $75,000, and the amount of its previously excluded Subpart F income withdrawn for 1964 from investment in less developed countries is $25,000. The amount of M Corporation's previously excluded Subpart F income withdrawn for 1965 from investment in less developed countries is $40,000, and A's pro rata share of such amount is $24,000, determined as follows:
(i) Qualified investments in less developed countries at the close of 1964 | $125,000 |
(ii) Less: Qualified investments in less developed countries at the close of 1965 | 75,000 |
(iii) Balance | 50,000 |
(iv) Less: Excess of recognized losses over recognized gains on sales during 1965 of qualified investments in less developed countries ($15,000 less $5,000) | 10,000 |
(v) Tentative decrease in qualified investments in less developed countries for 1965 | 40,000 |
(vi) Earnings and profits for 1963, 1964, and 1965 | 45,000 |
(vii) Excess of amount excluded under section 954(b)(1) from foreign base company income for 1963 ($75,000 over amount of previously excluded subpart F income withdrawn for 1964 from investment in less developed countries ($25,000) | 50,000 |
(viii) M Corporation's amount of previously excluded subpart F income withdrawn for 1965 from investment in less developed countries (item (v), but not to exceed the lesser of item (vi) or item (vii)) | 40,000 |
(ix) A's pro rata share of M Corporation's amount of previously excluded subpart F income withdrawn for 1965 from investment in less developed countries (60 percent of $40,000) | $24,000 |
Example 2. The facts are the same as in example (1), except that M Corporation's earnings and profits (determined under paragraph (b)(2) of this section) for 1963, 1964, and 1965 (item (vi)) are $30,000 instead of $45,000. Corporation M's amount of previously excluded Subpart F income withdrawn for 1965 from investment in less developed countries is $30,000. A's pro rata share of such amount is $18,000 (60 percent of $30,000).
Example 3. The facts are the same as in example (1), except that the excess of the amount excluded under section 954(b)(1) for 1963 from M Corporation's foreign base company income over the amount of its previously excluded Subpart F income withdrawn for 1964 from investment in less developed countries (item (vii)) is $20,000 instead of $50,000. Corporation M's amount of previously excluded Subpart F income withdrawn for 1965 from investment in less developed countries is $20,000. A's pro rata share of such amount is $12,000 (60 percent of $20,000).
[T.D. 6683, 28 FR 11178, Oct. 18, 1963, as amended by T.D. 6795, 30 FR 942, Jan. 29, 1965; T.D. 7893, 48 FR 22509, May 19, 1983; T.D. 7894, 48 FR 22529, May 19, 1983]
