26 U.S.C. § 6046 : US Code - Section 6046: Returns as to organization or reorganization of foreign corporations and as to acquisitions of their stock
Search 26 U.S.C. § 6046 : US Code - Section 6046: Returns as to organization or reorganization of foreign corporations and as to acquisitions of their stock
(a) Requirement of return
(1) In general
A return complying with the requirements of subsection (b)
shall be made by -
(A) each United States citizen or resident who becomes an
officer or director of a foreign corporation if a United States
person (as defined in section 7701(a)(30)) meets the stock
ownership requirements of paragraph (2) with respect to such
corporation,
(B) each United States person -
(i) who acquires stock which, when added to any stock owned
on the date of such acquisition, meets the stock ownership
requirements of paragraph (2) with respect to a foreign
corporation, or
(ii) who acquires stock which, without regard to stock
owned on the date of such acquisition, meets the stock
ownership requirements of paragraph (2) with respect to a
foreign corporation,
(C) each person (not described in subparagraph (B)) who is
treated as a United States shareholder under section 953(c)
with respect to a foreign corporation, and
(D) each person who becomes a United States person while
meeting the stock ownership requirements of paragraph (2) with
respect to stock of a foreign corporation.
In the case of a foreign corporation with respect to which any
person is treated as a United States shareholder under section
953(c), subparagraph (A) shall be treated as including a
reference to each United States person who is an officer or
director of such corporation.
(2) Stock ownership requirements
A person meets the stock ownership requirements of this
paragraph with respect to any corporation if such person owns 10
percent or more of -
(A) the total combined voting power of all classes of stock
of such corporation entitled to vote, or
(B) the total value of the stock of such corporation.
(b) Form and contents of returns
The returns required by subsection (a) shall be in such form and
shall set forth, in respect of the foreign corporation, such
information as the Secretary prescribes by forms or regulations as
necessary for carrying out the provisions of the income tax laws,
except that in the case of persons described only in subsection
(a)(1) the information required shall be limited to the names and
addresses of persons described in paragraph (2) or (3) of
subsection (a).
(c) Ownership of stock
For purposes of subsection (a), stock owned directly or
indirectly by a person (including, in the case of an individual,
stock owned by members of his family) shall be taken into account.
For purposes of the preceding sentence, the family of an individual
shall be considered as including only his brothers and sisters
(whether by the whole or half blood), spouse, ancestors, and lineal
descendants.
(d) Time for filing
Any return required by subsection (a) shall be filed on or before
the 90th day after the day on which, under any provision of
subsection (a), the United States citizen, resident, or person
becomes liable to file such return (or on or before such later day
as the Secretary may by forms or regulations prescribe).
(e) Limitation
No information shall be required to be furnished under this
section with respect to any foreign corporation unless such
information was required to be furnished under regulations which
have been in effect for at least 90 days before the date on which
the United States citizen, resident, or person becomes liable to
file a return required under subsection (a).
(f) Cross reference
For provisions relating to penalties for violations of this
section, sections 6679 and 7203.
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