Page:United States Statutes at Large Volume 76.djvu/1109

 76 STAT.]

PUBLIC LAW 87-834-OCT. 16, 1962

" (d) DEFINITIONS.—For purposes of this section— "(1) CONTROL.—A person is in control of a corporation if such person owns stock possessing more than 50 percent of the total combined voting power of all classes of stock entitled to vote, or more than 50 percent of the total value of shares of all classes of stock, of a corporation. If a person is in control (within the meaning of the preceding sentence) of a corporation which in turn owns more than 50 percent of the total combined voting power of all classes of stock entitled to vote of another corporation, or owns more than 50 percent of the total value of the shares of all classes of stock of another corporation, then such person shall be treated as in control of such other corporation. For purposes of this paragraph, the rules prescribed by section 318(a) for determining ownership of stock shall apply; except that— " (A) the second sentence of subparagraphs (A) and (B), and clause (ii) of subparagraph (C), of section 318(a)(2) shall not be applied so as to consider a United States person as owning stock which is owned by a person who is not a United States person, and " (B) in applying clause (i) of subparagraph (C) of section 318(a)(2), the phrase '10 percent' shall be substituted for the phrase '50 percent' used in subparagraph (C). "(2) ANNUAL ACCOUNTING PERIOD.—The annual accounting period of a foreign corporation is the annual period on the basis of which such corporation regularly computes its income in keeping its books. "(e)

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26 USC 3:i8.

CROSS E E F E R E N C E S. —

"(1) For provisions relating to penalties for violations of this section, see section 7203. "(2) For definition of the term 'United States person', see section 7701(a)(30)." (b) INFORMATION AS TO ORGANIZATION OR REORGANIZATION OF FOREIGN CORPORATIONS AND AS ix) ACQUISITION S OF THE I R S TO C K. —

Section 6046 (relating to returns as to creation or organization, or 74 Stat.ioie. reorganization, of foreign corporations) is amended to read as ^e use 6046. follows: "SEC. 6046. RETURNS AS TO ORGANIZATION OR REORGANIZATION OF FOREIGN CORPORATIONS AND AS TO ACQUISITIONS OF THEIR STOCK. " (a) REQUIREMENT OF RETURN,—A return complying with the requirements of subsection (b) shall be made by— "(1) each United States citizen or resident who is on January 1, 1963, an officer or director of a foreign corporation, 5 percent or more in value of the stock of which is owned by a United States person (as defined in section 7701(a) (30)), or who becomes such Ante, p. 988. an officer or director at any time after such date, "(2) each United States person who on January 1, 1963, owns 5 percent or more in value of the stock of a foreign corporation, or who, at any time after such date— " (A) acquires stock which, when added to any stock owned on January 1, 1963, has a value equal to 5 percent or more of the value of the stock of a foreign corporation, or " (B) acquires an additional 5 percent or more in value of the stock of a foreign corporation, and " (3) each person who at any time after January 1, 1963, becomes a United States person while owning 5 percent or more in value of the stock of a foreign corporation. "(b) FORM AND CONTENTS OF RETURNS.—The returns required by subsection (a) shall be in such form and shall set forth, in respect oi

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