Page:United States Statutes at Large Volume 48 Part 1.djvu/764

 738 INCOME TAX. FOREIGN COR- PORATIONS-Contd. Re turns. Time for filing. Ante, p. 697. Return by agent. Payment of tax . Time specified. Ante, p. 697 . withholding tax at sour ce. Ante, p.723. Foreign insurance co mpa nie s. Special provisions. For special provisions relating to foreign insurance companies, see Supplement G. SEC. 238. AFFILIATIO N. A foreign corporation shall not be deemed to be affili ated with any other corporation within the meaning of section 141. Affiliation . For eign c orporat ions. Ante, p. 720. POSSESSIONS OF TAE UNITE D STATES. Income from sources within. Gro ss inc ome of citi- zens, etc. If S0 per cent de rived from United States sources. It corporation de- rived 50 percent from busi ness th erein. If citizen derived 50 percent from active busi ness th erein. Amounts received in United States. Included in gross in- come. 73d C ONGRESS. SESS. II. CH. 277 . MAY 10, 1934 . SEC. 235. RETURNS. In the case of a foreign corporation not having any office or place of business in the United States the return, in lieu of the time pre- scribed in section 53 (a) (1), shall be made on or before the fifteenth day of the sixth month following the close of the fiscal year, or, if the return is made on the basis of the calendar year then on or before the fifteenth day of June. If any foreign corporation has no office or place of business in the United States but has an agent in the United States, the return shall be made by the agent. SEC. 236. PAYMENT OF TAX. (a) TIME OF PAYMENT.-In the case of a foreign corporation not having any office or place of business in the United States the total amount of tax imposed by this title shall be paid, in lieu of the time prescribed in section 56(a), on the fifteenth day of June following the close of the calendar year, or, if the return should be made on the basis of a fiscal year, then on the fifteenth day of the sixth month following the close of the fiscal year. (b) WI TxnoLDI NG AT SouRcr.-For withholding at source of tax on income of foreign corporations, see section 143. SEC. 237. FOR EIGN INSU RANC E COMPANIES. Supp lement J--Po ssess ions o f the United Stat es SEC. 251. INCOME FROM SOURCES WITHIN POSSESS IONS O F UNITED STATES. (a) GENERAL RULE .-In the case of citizens of the United States or domestic corporations, satisfying the following conditions, gross income means only gross income from sources within the United States- (1) If 80 per centum or more of the gross income of such citi- zen or domestic corporation (computed without the benefit of this section), for the three-year period immediately preceding the close of the taxable year (or for such part of such period imme- diately preceding the close of such taxable year as may be appli- cab le) was deri ved from sou rces wit hin a po sses sion of the Unit ed States ; and (2) If, in the case of such corporation, 50 per centum or more of its gross income (computed without the benefit of this section) for such period or such part thereof was derived from the active conduct of a trade or business within a possession of the United States ; or (3) If, in case of such citizen, 50 per centum or more of his gross inc ome (computed without the b enefit of thi s section) for such period or such part thereof was derived from the active conduct of a trade or business within a possession of the United States either on his own account or as an employee or agent of another. (b) AMOUNTS REC EI VED IN UNITED ST AT E S .-Notw ithsta nding the provisions of subsection (a) there shall be included in gross income all amounts received by such citizens or corporations within the