Subpart F foreign personal holding company income includes investment type in-
come, such as dividends, interest, rents, and royalties, as well as gain from the sale of
securities and the excess of gains over losses from a sale or exchange of property that
gives rise to dividends, interest, royalties, rents, and annuities or which does not give
rise to any income (e.g., land held for capital appreciation). Also included in foreign
personal holding company income is net income from a national principal contract
and payments in lieu of dividends under an equity securities agreement, for tax years
beginning after August 5, 1997. An exception is made for inventory or dealer prop-
erty, as well as certain bona fide hedging transactions and active business gains or
losses by producers, processors, merchants, or handlers of commodities. Also in-
cluded is the excess of foreign currency gains over losses attributable to certain for-
eign exchange transactions, except those that are directly related to the business needs
of the CFC. Rents and royalties derived in the active conduct of a trade or business
and received from unrelated persons are excepted from the definition of Subpart F
foreign personal holding company income. In addition, certain income received from
related persons is excepted. Dividends and interest are excepted if the related payor
is organized in the same foreign country and has a substantial part of its assets used
in its trade or business located in that country. Rents and royalties attributable to
property used in the CFC’s country of organization are excepted. These exceptions do
not apply to any interest, rent, or royalty to the extent it reduces the payor’s Subpart
F foreign personal holding company income. This includes original issue discount
and commitment fees. Subpart F insurance income includes all income from the in-
surance or reinsurance in connection with risks located in a country other than the
CFC’s country of organization. This includes insurance or reinsurance on property lo-
cated outside the CFC’s country of organization, life insurance on the lives of indi-
viduals residing outside the CFC’s country of organization, and risks occurring out-
side the CFC’s country of organization. Captive insurance companies can avoid these
Subpart F provisions by electing to treat related-person insurance income as income
effectively connected with the conduct of a U.S. trade or business and thus subject to
regular U.S. tax. Income derived by banks and finance companies are excluded.
The boycott income provision of Subpart F income is designed to affect those tax-
payers that participate in, or cooperate with, an international boycott. The provision
applies if as a condition of doing business directly or indirectly with a country or with
a government, a company, or a national of that country, the taxpayer agrees to refrain
from:
- Doing business within a country which is the object of an international boycott
or with the government, companies, or nationals of that country - Doing business with any U.S. person engaged in trade within another country
which is the object of an international boycott or with the government, compa-
nies, or nationals of that country - Doing business with any company whose ownership or management is made up,
in whole or in part, of individuals of a particular nationality, race, or religion or
remove (or refrain from selecting) corporate directors who are individuals of a
particular nationality, race, or religion - Employing individuals of a particular nationality, race, or religion
- Shipping or insuring products on a carrier owned, leased, or operated by a per-
son who does not participate in, or cooperate with, an individual boycott
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