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Form 5472 Wilmington North Carolina: What You Should Know

Form 6038A. (June 7, 2018) Form 6038A, Report of Transfer, Assignment, or Change in Control of a U.S. Share of Stock in a Foreign Corporation. Tax-Procedure Comment on U.S. Tax Forms 1120, 5472, 5707, and 5889, with respect to the application of IRC Section 7873 for a foreign transfer of a personal holding company. Corporations, reportable transactions, and information returns Corporations have a responsibility under the Internal Revenue Code to file appropriate forms under sections 6038A and 6038C when a transfer of shares of stock is made for the primary purpose of gaining foreign tax credits. However, there are times when an unrelated party can be the beneficial owner of a U.S. corporation. According to the IRS's Treasury Notice No. 2013-39, Corporations. , section 951, subsection (b), creates the following definition for “benefit corporation”: “A 'beneficial owner' of a corporation means: A corporation whose stock is owned by one or more people (i) as beneficiaries by a trust that receives a gift, devise, or inheritance from one or more people (or trusts) who owe it no tax because it has not made a distribution during the two-year period ending with the month in which the gift, devise, or inheritance is received or (ii) who (A) is a disqualified individual if such individual is an individual who is, or whose property is described in (B), a paragraph (1)(X) foreign corporation to the extent of not more than 50% of the fair market value of such corporation's assets (determined without regard to any income inclusion) is effectively connected with a substantial financial interest in the United States; or (B) is a spouse of, or dependent (as defined in section 152) upon, such individual. For purposes of this subsection, a person as a beneficiary or dependent shall not be treated as related to or a member of an individual. For purposes of this subsection, the term related person of any individual includes any non-relatives (within the meaning of section 267A(b) or 707(b)). [See: Treasury Notice No. 2013-39, Corporations — Section 951, Treas. Reg. § 1.461–1(b)-1 (April 26, 2012).

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