Treasury Regulations (26 C.F.R.)
26 CFR § 1.367(b)-0
Table of contents.
This section lists the paragraphs contained in §§ 1.367(b)-1 through 1.367(b)-13.
(a) Scope.
(b) General rules.
(1) Rules.
(2) Example.
(c) Notice required.
(1) In general.
(2) Persons subject to section 367(b) notice.
(3) Time and manner for filing notice.
(i) United States persons described in § 1.367(b)-1(c)(2).
(ii) Foreign corporations described in § 1.367(b)-1(c)(2).
(4) Information required.
(5) Abbreviated notice provision for shareholders that make the election described in § 1.367(b)-3(c)(3).
(6) Supplemental published guidance.
(a) Controlled foreign corporation.
(b) Section 1248 shareholder.
(c) Section 1248 amount.
(1) Rule.
(2) Examples.
(d) All earnings and profits amount.
(1) General rule.
(2) Rules for determining earnings and profits.
(i) Domestic rules generally applicable.
(ii) Certain adjustments to earnings and profits.
(iii) Effect of section 332 liquidating distribution.
(3) Amount attributable to a block of stock.
(i) Application of section 1248 principles.
(A) In general.
(1) Rule.
(2) Example.
(B) Foreign shareholders.
(ii) Exclusion of lower-tier earnings.
(e) Treatment of deemed dividends.
(1) In general.
(2) Consequences of dividend characterization.
(3) Ordering rules.
(4) Examples.
(f) Deemed asset transfer and closing of taxable year in certain section 368(a)(1)(F) reorganizations.
(1) Scope.
(2) Deemed asset transfer.
(3) Other applicable rules.
(4) Closing of taxable year.
(g) Stapled stock under section 269B.
(h) Section 953(d) domestication elections.
(1) Effect of election.
(2) Post-election exchanges.
(i) Section 1504(d) elections.
(j) Sections 985 through 989.
(1) Change in functional currency of a qualified business unit.
(i) Rule.
(ii) Example.
(2) Previously taxed earnings and profits.
(i) Exchanging shareholder that is a United States person.
(ii) Exchanging shareholder that is a foreign corporation.
(3) Other rules.
(k) Partnerships, trusts and estates.
(l) Additional definitions.
(1) Foreign income taxes.
(2) Post-1986 undistributed earnings.
(3) Post-1986 foreign income taxes.
(4) Pre-1987 accumulated profits.
(5) Pre-1987 foreign income taxes.
(6) Pre-1987 section 960 earnings and profits.
(7) Pre-1987 section 960 foreign income taxes.
(8) Earnings and profits.
(9) Pooling corporation.
(10) Nonpooling corporation.
(11) Separate category.
(12) Passive category.
(13) General category
(a) Scope.
(b) Exchange of stock owned directly by a United States shareholder or by certain foreign corporate shareholders.
(1) Scope.
(2) United States shareholder.
(3) Income inclusion.
(i) Inclusion of all earnings and profits amount.
(ii) Examples.
(iii) Recognition of exchange gain or loss with respect to capital. [Reserved]
(4) [Reserved]
(c) Exchange of stock owned by a United States person that is not a United States shareholder.
(1) Scope.
(2) Requirement to recognize gain.
(3) Election to include all earnings and profits amount.
(4) De minimis exception.
(5) Examples.
(d) Carryover of certain foreign taxes.
(1) Rule.
(2) Example.
(e) Net operating loss and capital loss carryovers.
(f) Carryover of earnings and profits.
(1) General rule.
(2) Previously taxed earnings and profits. [Reserved
(a) Scope.
(b) Income inclusion.
(1) Exchange that results in loss of status as section 1248 shareholder.
(i) General rule.
(ii) Special rules.
(iii) Examples.
(2) Receipt by exchanging shareholder of preferred or other stock in certain instances.
(i) Rule.
(ii) Examples.
(3) Certain recapitalizations.
(c) Exclusion of deemed dividend from foreign personal holding company income.
(1) Rule.
(2) Example.
(d) Rules for subsequent exchanges.
(1) Rule.
(2) Example.
(a) In general.
(1) Scope.
(2) Treatment of distributees as exchanging shareholders.
(b) Distribution by a domestic corporation.
(1) General rule.
(2) Section 367(e) transactions.
(3) Determining whether distributees are individuals.
(4) Applicable cross-references.
(c) Pro rata distribution by a controlled foreign corporation.
(1) Scope.
(2) Adjustment to basis in stock and income inclusion.
(3) Interaction with § 1.367(b)-2(e)(3)(ii).
(4) Basis redistribution.
(d) Non-pro rata distribution by a controlled foreign corporation.
(1) Scope.
(2) Treatment of certain shareholders as distributees.
(3) Inclusion of excess section 1248 amount by exchanging shareholder.
(4) Interaction with § 1.367(b)-2(e)(3)(ii).
(i) Limited application.
(ii) Interaction with predistribution amount.
(e) Definitions.
(1) Predistribution amount.
(2) Postdistribution amount.
(f) Exclusion of deemed dividend from foreign personal holding company income.
(g) Examples.
(a) Effective/applicability dates.
(1) In general.
(2) Exception.
(b) Certain recapitalizations described in § 1.367(b)-4(b)(3).
(c) Use of reasonable method to comply with prior published guidance.
(1) Prior exchanges.
(2) Future exchanges.
(d) Effect of removal of attribution rules.
(a) Scope.
(b) General rules.
(1) Non-previously taxed earnings and profits and related taxes.
(2) Previously taxed earnings and profits. [Reserved]
(c) Ordering rule for post-transaction distributions.
(1) If foreign surviving corporation is a pooling corporation.
(2) If foreign surviving corporation is a nonpooling corporation.
(d) Post-1986 pool.
(1) In general.
(i) Qualifying earnings and taxes.
(ii) Carryover rule.
(2) Hovering deficit.
(i) In general.
(ii) Offset rule.
(iii) Related taxes.
(3) Examples.
(e) Pre-pooling annual layers.
(1) If foreign surviving corporation is a pooling corporation.
(i) Qualifying earnings and taxes.
(ii) Carryover rule.
(iii) Deficits.
(A) In general.
(B) Aggregate positive pre-1987 accumulated profits.
(C) Aggregate deficit in pre-1987 accumulated profits.
(D) Deficit and positive separate categories within annual layers
(iv) Pre-1987 section 960 earnings and profits and foreign income taxes.
(v) Examples.
(2) If foreign surviving corporation is a nonpooling corporation.
(i) Qualifying earnings and taxes.
(ii) Carryover rule.
(iii) Deficits.
(A) In general.
(B) Aggregate positive pre-1987 accumulated profits.
(C) Aggregate deficit in pre-1987 accumulated profits.
(D) Deficit and positive separate categories within annual layers.
(iv) Pre-1987 section 960 earnings and profits and foreign income taxes.
(v) Examples.
(f) Special rules.
(1) Treatment of deficit.
(i) General rule.
(ii) Exceptions.
(iii) Examples.
(2) Reconciling taxable years.
(3) Post-transaction change of status.
(4) Ordering rule for multiple hovering deficits.
(i) Rule.
(ii) Example.
(5) Pro rata rule for earnings and deficits during transaction year.
(g) Effective date.
(a) Scope.
(b) Hovering deficit rules inapplicable.
(c) Foreign divisive transactions. [Reserved]
(d) Examples.
(e) Effective date.
(a) In general.
(1) Scope.
(2) Exceptions.
(3) Definitions.
(b) General rules.
(1) Deemed distribution.
(2) Deemed contribution.
(3) Timing of deemed distribution and deemed contribution.
(4) Application of other provisions.
(5) Example.
(c) Collateral adjustments.
(1) Deemed distribution.
(2) Deemed contribution.
(d) Anti-abuse rule.
(e) Effective/applicability date.
(a) In general.
(b) Applicable rules.
(c) Effective date.
(a) Scope and definitions.
(1) Scope.
(2) Definitions.
(b) Determination of basis for exchanges of foreign stock or securities under section 354 or 356.
(c) Determination of basis and holding period for triangular reorganizations.
(1) Application.
(2) Basis and holding period rules.
(i) Portions attributable to S stock.
(ii) Portions attributable to T stock.
(d) Special rules applicable to divided shares of stock.
(1) In general.
(2) Pre-exchange earnings and profits.
(3) Post-exchange earnings and profits.
(e) Examples.
(f) Effective date.
[T.D. 8862, 65 FR 3596, Jan. 24, 2000; 65 FR 66501, Nov. 6, 2000, as amended by T.D. 8937, 66 FR 2257, Jan. 11, 2001; T.D. 9273, 71 FR 44984, Aug. 8, 2006; T.D. 9526, 76 FR 28893, May 19, 2011; T.D. 9614, 78 FR 17039, Mar. 19, 2013]
Editorial Note:
By T.D. 9526, 76 FR 28893, May 19, 2011, § 1.367(b)-0 was amended by redesignating the entries for § 1.367(b)-2(d)(3)(iii)(A) and (B) as entries for (d)(3)(ii)(A) and (B); however, the amendment could not be incorporated due to inaccurate amendatory instruction.
Source: view the official text
In this part (40 sections)
- 1.358-5 · Special rules for assumption of liabilities.
- 1.358-6 · Stock basis in certain triangular reorganizations.
- 1.358-7 · Transfers by partners and partnerships to corporations.
- 1.361-1 · Nonrecognition of gain or loss to corporations.
- 1.362-1 · Basis to corporations.
- 1.362-2 · Certain contributions to capital.
- 1.362-3 · Basis of importation property acquired in loss importation…
- 1.362-4 · Basis of loss duplication property.
- 1.367(a)-0 · Table of contents.
- 1.367(a)-1 · Transfers to foreign corporations subject to section…
- 1.367(a)-1T · Transfers to foreign corporations subject to section…
- 1.367(a)-2 · Exceptions for transfers of property for use in the active…
- 1.367(a)-3 · Treatment of transfers of stock or securities to foreign…
- 1.367(a)-4 · Special rule applicable to U.S. depreciated property.
- 1.367(a)-5 · [Reserved]
- 1.367(a)-6 · Transfer of foreign branch with previously deducted losses.
- 1.367(a)-6T · Transfer of foreign branch with previously deducted…
- 1.367(a)-7 · Outbound transfers of property described in section 361(a)…
- 1.367(a)-8 · Gain recognition agreement requirements.
- 1.367(a)-9T · Treatment of deemed section 351 exchanges pursuant to…
- 1.367(b)-0 · Table of contents.
- 1.367(b)-1 · Other transfers.
- 1.367(b)-2 · Definitions and special rules.
- 1.367(b)-3 · Repatriation of foreign corporate assets in certain…
- 1.367(b)-3T · Repatriation of foreign corporate assets in certain…
- 1.367(b)-4 · Acquisition of foreign corporate stock or assets by a…
- 1.367(b)-5 · Distributions of stock described in section 355.
- 1.367(b)-6 · Effective/applicability dates and coordination rules.
- 1.367(b)-7 · Carryover of earnings and profits and foreign income taxes…
- 1.367(b)-8 · Allocation of earnings and profits and foreign income…
- 1.367(b)-9 · Special rule for F reorganizations and similar…
- 1.367(b)-10 · Acquisition of parent stock or securities for property in…
- 1.367(b)-12 · Subsequent treatment of amounts attributed or included in…
- 1.367(b)-13 · Special rules for determining basis and holding period.
- 1.367(d)-1 · Transfers of intangible property to foreign corporations.
- 1.367(d)-1T · Transfers of intangible property to foreign corporations…
- 1.367(e)-0 · Outline of §§ 1.367(e)-1 and 1.367(e)-2.
- 1.367(e)-1 · Distributions described in section 367(e)(1).
- 1.367(e)-2 · Distributions described in section 367(e)(2).
- 1.368-1 · Purpose and scope of exception of reorganization exchanges.