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VA online Form 5472: What You Should Know

Examiner for your taxpayer identification number (TIN). Posted by us-tax.org in Tax Insights and Commentary online P.P.S. The IRS is not allowing foreign corporations to file returns under the 25% foreign status until January 1, 2016. You may also have noticed the recent “Reform Proposal” (R. 3020) to change the rules regarding foreign corporations. The proposal has been in development and has been  under consideration by the Executive branch for years.  The proposal changes foreign corporation tax rules to facilitate a better understanding of the foreign corporation by taxing foreign corporations based upon taxable income, which will encourage greater international economic growth. The proposal would require that foreign domestic corporations must have a U.S. source of income of not more than 25%  when a transaction with a tax resident of a country other than the U.S. occurs. The proposed R. 3020 rule change would affect foreign corporations with a “total combined U.S. source income” of less than 100 million for 2008, and 250 million for 2025 and thereafter. For 2008, the proposed R. 3020 rules would increase the 100 million thresholds to 125 million. The proposal reduces or eliminates the foreign corporation exclusion under subsection (f) of section 954 in favor of a U.S. source exclusion for foreign corporations with taxable incomes for 2008, 2009, and 2025 of less than 200 million. The proposed foreign source exclusion amount for the 2008, 2009, 2010, and 2025 taxable years would be a reduction of 33%. The proposal also amends subpart F to provide two new rules: 1) Exemption under subsection (f)(II) would apply only if the tax resident of the foreign corporation owns 50% or more of the average daily stock price of the corporation. 2) Exemption under subsection (f)(III) would apply if the tax resident of the foreign corporation owns 20% or more of the average daily stock price of the corporation.

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