Treasury Regulations (26 C.F.R.)
26 CFR § 1.897-4AT
Table of contents (temporary).
(a) Purpose and scope.
(b) Distributions by domestic corporations.
(1) Limitation of basis upon dividend distribution of U.S. real property interest.
(2) Distributions by U.S. real property holding corporation under generally applicable rules.
(3) Section 332 liquidations of U.S. real property holding corporations.
(i) General rules.
(ii) Distribution to a foreign corporation under section 332 after June 18, 1980, and before the repeal of the General Utilities doctrine.
(iii) Distribution to a foreign corporation under section 332 and former section 334(b)(2) after June 18, 1980.
(iv) Distribution to a foreign corporation under section 332(a) after July 31, 1986 and after the repeal of the General Utilities doctrine.
(A) Liquidation of domestic corporation.
(B) Liquidation of certain foreign corporations making a section 897(i) election.
(v) Transfer of foreign corporation stock followed by a section 332 liquidation treated as a reorganization.
(4) Section 897(i) companies.
(5) Examples.
(6) Section 333 elections.
(i) General rule.
(ii) Example.
(c) Distributions of U.S. real property interests by foreign corporations.
(1) Recognition of gain required.
(2) Recognition of gain not required.
(i) Statutory exception.
(ii) Section 332 liquidations.
(A) In general.
(B) Recognition of gain required in certain section 332 liquidations.
(iii) Examples.
(3) Limitation of gain recognized under paragraph (c)(1) of this section for certain section 355 distributions.
(i) In general.
(ii) Example.
(4) Distribution by a foreign corporation in certain reorganizations.
(i) In general.
(ii) Statutory exception.
(iii) Regulatory limitation on gain recognized.
(iv) Examples.
(5) Sales of U.S. real property interests by foreign corporations under section 337.
(6) Section 897(l) credit.
(7) Other applicable rules.
(d) Rules of general application.
(1) Interests subject to taxation upon later dispositions.
(i) In general.
(ii) Effects of income tax treaties.
(A) Effect of treaty exemption from tax.
(B) Effect of treaty reduction of tax.
(C) Waiver of treaty benefits to preserve nonrecognition.
(iii) Procedural requirements.
(2) Treaty exception to imposition of tax.
(3) Withholding.
(4) Effect on earnings and profits.
(e) Effective date.
(a) Nonrecognition exchanges.
(1) In general.
(2) Definition of nonrecognition provision.
(3) Consequence of nonapplication of nonrecognition provisions.
(4) Section 355 distributions treated as exchanges.
(5) Section 1034 rollover of gain.
(i) Purchase of foreign principal residence.
(ii) Purchase of U.S. principal residence.
(6) Determination of basis.
(7) Examples.
(8) Treatment of nonqualifying property.
(i) In general.
(ii) Treatment of mixed exchanges.
(A) Allocation of nonqualifying property.
(B) Recognition of gain.
(C) Treatment of other amounts.
(iii) Example.
(9) Treaty exception to imposition of tax.
(b) Certain foreign to foreign exchanges.
(1) Exceptions to the general rule.
(2) Applicability of exception.
(3) No exceptions.
(4) Examples.
(5) Contribution of property.
(c) Denial of nonrecognition with respect to certain tax avoidance transfers.
(1) In general.
(2) Certain transfers to domestic corporations.
(i) General rule.
(ii) Example.
(3) Basis adjustment for certain related person transactions.
(4) Rearrangement of ownership to gain treaty benefit.
(d) Effective date.
(a) Rule.
(b) Effective date.
(a) Purpose and scope.
(b) General conditions.
(c) Effective date.
(a) Purpose and scope.
(b)
(c) Foreign person.
(d) Regularly traded.
(e) Foreign governments and international organizations.
(f) Effective date.
[T.D. 8198, 53 FR 16217, May 5, 1988]
Source: view the official text
In this part (40 sections)
- 1.884-3T · Coordination of branch profits tax with second-tier…
- 1.884-4 · Branch-level interest tax.
- 1.884-5 · Qualified resident.
- 1.891 · Statutory provisions; doubling of rates of tax on citizens and…
- 1.892-1T · Purpose and scope of regulations (temporary regulations).
- 1.892-2T · Foreign government defined (temporary regulations).
- 1.892-3 · Income of foreign governments.
- 1.892-3T · Income of foreign governments (temporary regulations).
- 1.892-4 · Commercial activities.
- 1.892-4T · Commercial activities (temporary regulations).
- 1.892-5 · Controlled commercial entity.
- 1.892-5T · Controlled commercial entity (temporary regulations).
- 1.892-6T · Income of international organizations (temporary…
- 1.892-7T · Relationship to other Internal Revenue Code sections…
- 1.893-1 · Compensation of employees of foreign governments or…
- 1.894-1 · Income affected by treaty.
- 1.895-1 · Income derived by a foreign central bank of issue, or by Bank…
- 1.897-1 · Taxation of foreign investment in United States real property…
- 1.897-2 · United States real property holding corporations.
- 1.897-3 · Election by foreign corporation to be treated as a domestic…
- 1.897-4AT · Table of contents (temporary).
- 1.897-5 · Corporate distributions.
- 1.897-5T · Corporate distributions (temporary).
- 1.897-6T · Nonrecognition exchanges applicable to corporations, their…
- 1.897-7 · Treatment of certain partnership interests, trusts and…
- 1.897-7T · Treatment of certain partnership interests as entirely U.S.…
- 1.897-8T · Status as a U.S. real property holding corporation as a…
- 1.897-9T · Treatment of certain interest in publicly traded…
- 1.897(l)-1 · (l)-1 Exception for interests held by foreign pension…
- 1.901-1 · Allowance of credit for foreign income taxes.
- 1.901-2 · Income, war profits, or excess profits tax paid or accrued.
- 1.901-2A · Dual capacity taxpayers.
- 1.901-3 · Reduction in amount of foreign taxes on foreign mineral…
- 1.901(j)-1 · (j)-1 Denial of foreign tax credit with respect to certain…
- 1.901(m)-1 · (m)-1 Definitions.
- 1.901(m)-2 · (m)-2 Covered asset acquisitions and relevant foreign…
- 1.901(m)-3 · (m)-3 Disqualified tax amount and aggregate basis…
- 1.901(m)-4 · (m)-4 Determination of basis difference.
- 1.901(m)-5 · (m)-5 Basis difference taken into account.
- 1.901(m)-6 · (m)-6 Successor rules.