We have created charts of the 13 of the examples included in Treas. Reg. §§1.958-1 and -2.
Treas. Reg. §1.958-1 contains 5 examples demonstrating attribution through direct and indirect ownership. These regulations provide a limited form of attribution primarily for use in determining the amount taxable to a U.S. shareholder under Code §951(a) (Subpart F Income).
Treas. Reg. §1.958-2 contains 8 examples demonstrating attribution through constructive ownership. These regulations provide that the attribution rules of Code §318(a), as modified by Code §958(b), apply to the extent that the effect is:
- To treat a U.S. person as a U.S. shareholder within the meaning of Code §951(b),
- To treat a person as a related person within the meaning of Code §954(d)(3),
- To treat the stock of a domestic corporation as owned by a U.S. shareholder of a CFC under Code §956(b)(2), or
- To treat a foreign corporation as a CFC under Code §957.
The regulation examples charted include and can be found here:
- 1.958-1(b), Example (Indirect Ownership Thru Foreign Corporations; Attribution Stops with First U.S. Person Going Up the Chain)
- 1.958-1(d), Example 1 (Indirect Ownership Thru Foreign Corporations)
- 1.958-1(d), Example 2 (Indirect Ownership Thru Foreign Partnerships & Foreign Corporations)
- 1.958-1(d), Example 3 (Indirect Ownership Thru Foreign Trust)
- 1.958-1(d), Example 4 (Indirect Ownership Thru Foreign Estate)
- 1.958-2(f), Example 1 (9% Direct Owner Treated As U.S. Shareholder Thru Constructive Ownership)
- 1.958-2(f), Example 2 (More Than 50% Ownership of a Corp Thru an Entity is Treated as 100% Constructive Ownership)
- 1.958-2(g), Example 1 (Use Higher of 1.958-1 Attribution or 1.958-2 Attribution)
- 1.958-2(g), Example 2 (Use Higher of 1.958-1 Attribution or 1.958-2 Attribution, Thru Domestic C Corp)
- 1.958-2(g), Example 3 (Downward Attribution Thru Partnership & Corp)
- 1.958-2(g), Example 4 (No Downward Attribution From Foreign Corp (Old Law))
- 1.958-2(g), Example 5 (No Family Attribution From Foreign Persons)
- 1.958-2(g), Example 6 (Family Attribution From U.S. Spouse)
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