Page:United States Statutes at Large Volume 111 Part 1.djvu/998

 Ill STAT. 974 PUBLIC LAW 105-34—AUG. 5, 1997 "(ii) any exchange or other market which the Secretary determines has rules adequate to carry out the purposes of this part, "(B) to the extent provided in regulations, stock in any foreign corporation which is comparable to a regulated investment company and which offers for sale or has outstanding any stock of which it is the issuer and which is redeemable at its net asset value, and "(C) to the extent provided in regulations, any option on stock described in subparagraph (A) or (B). " (2) SPECIAL RULE FOR REGULATED INVESTMENT COMPA- NIES.— In the case of any regulated investment company which is offering for sale or has outstanding any stock of which it is the issuer and which is redeemable at its net asset value, all stock in a passive foreign investment company which it owns directly or indirectly shall be treated as marketable stock Applicability. for purposes of this section. Except as provided in regulations, similar treatment as marketable stock shall apply in the case of any other regulated investment company which publishes net asset valuations at least annually. "(£) TREATMENT OF CONTROLLED FOREIGN CORPORATIONS WHICH ARE SHAREHOLDERS IN PASSIVE FOREIGN INVESTMENT COMPANIES.— In the case of a foreign corporation which is a controlled foreign corporation and which owns (or is treated under subsection (g) as owning) stock in a passive foreign investment company— Applicability. "(1) this section (other than subsection (c)(2)) shall apply to such foreign corporation in the same manner as if such corporation were a United States person, and "(2) for purposes of subpart F of part III of subchapter N— "(A) any amount included in gross income under subsection (a)(1) shall be treated as foreign personal holding company income described in section 954(c)(1)(A), and "(B) any amount allowed as a deduction under subsection (a)(2) shall be treated as a deduction allocable to foreign personal holding company income so described. " (g) STOCK OWNED THROUGH CERTAIN FOREIGN ENTITIES. — Except as provided in regulations— "(1) IN GENERAL.— For purposes of this section, stock owned, directly or indirectly, by or for a foreign partnership or foreign trust or foreign estate shall be considered as being owned proportionately by its partners or beneficiaries. Stock considered to be owned by a person by reason of the application of the preceding sentence shall, for purposes of applying such sentence, be treated as actually owned by such person. "(2) TREATMENT OF CERTAIN DISPOSITIONS.—In any case in which a United States person is treated as owning stock in a passive foreign investment company by reason of paragraph (1)- "(A) any disposition by the United States person or by any other person which results in the United States person being treated as no longer owning such stock, and "(B) any disposition by the person owning such stock, shall be treated as a disposition by the United States person of the stock in the passive foreign investment company.

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