I.R.C. § 905(a) Year In Which Credit Taken —
The credits provided in this subpart may, at the option of the taxpayer and irrespective
of the method of accounting employed in keeping his books, be taken in the year in
which the taxes of the foreign country or the possession of the United States accrued,
subject, however, to the conditions prescribed in subsection (c). If the taxpayer
elects to take such credits in the year in which the taxes of the foreign country
or the possession of the United States accrued, the credits for all subsequent years
shall be taken on the same basis, and no portion of any such taxes shall be allowed
as a deduction in the same or any succeeding year.
I.R.C. § 905(b) Proof Of Credits —
The credits provided in this subpart shall be allowed only if the taxpayer establishes
to the satisfaction of the Secretary—
I.R.C. § 905(b)(1) —
the total amount of income derived from sources without the United States, determined
as provided in part I,
I.R.C. § 905(b)(2) —
the amount of income derived from each country, the tax paid or accrued to which
is claimed as a credit under this subpart, such amount to be determined under regulations
prescribed by the Secretary, and
I.R.C. § 905(b)(3) —
all other information necessary for the verification and computation of such credits.
I.R.C. § 905(c) Adjustments To Accrued Taxes
I.R.C. § 905(c)(1) In General —
If—
I.R.C. § 905(c)(1)(A) —
accrued taxes when paid differ from the amounts claimed as credits by the taxpayer,
I.R.C. § 905(c)(1)(B) —
accrued taxes are not paid before the date 2 years after the close of the taxable
year to which such taxes relate, or
I.R.C. § 905(c)(1)(C) —
any tax paid is refunded in whole or in part,
the taxpayer shall notify the Secretary, who shall
redetermine the amount of the tax for the year or years affected.
I.R.C. § 905(c)(2) Special Rule For Taxes Not Paid Within 2 Years
I.R.C. § 905(c)(2)(A) In General —
Except as provided in subparagraph (B), in making the redetermination under paragraph
(1), no credit shall be allowed for accrued taxes not paid before the date referred
to in subparagraph
(B) of paragraph (1).
I.R.C. § 905(c)(2)(B) Taxes Subsequently Paid —
Any such taxes if subsequently paid—
I.R.C. § 905(c)(2)(B)(i) —
shall be taken into account for the taxable year to which such taxes relate, and
I.R.C. § 905(c)(2)(B)(ii) —
shall be translated as provided in section 986(a)(2)(A).
I.R.C. § 905(c)(3) Adjustments —
The amount of tax (if any) due on any redetermination under paragraph (1) shall
be paid by the taxpayer on notice and demand by the Secretary, and the amount of
tax overpaid (if any) shall be credited or refunded to the taxpayer in accordance
with subchapter B of chapter 66 (section 6511 et
seq.).
I.R.C. § 905(c)(4) Bond Requirements —
In the case of any tax accrued but not paid, the Secretary, as a condition precedent
to the allowance of the credit provided in this subpart, may require the taxpayer
to give a bond, with sureties satisfactory to and approved by the Secretary, in such
sum as the Secretary may require, conditioned on the payment by the taxpayer of any
amount of tax found due on any such redetermination. Any such bond shall contain
such further conditions as the Secretary may require.
I.R.C. § 905(c)(5) Other Special Rules —
In any redetermination under paragraph (1) by the Secretary of the amount of tax
due from the taxpayer for the year or years affected by a refund, the amount of the
taxes refunded for which credit has been allowed under this section shall be reduced
by the amount of any tax described in section 901
imposed by the foreign country or possession of the United States with respect to
such refund; but no credit under this subpart, or deduction under section 164, shall be allowed for any taxable year with respect to any such tax imposed on the
refund. No interest shall be assessed or collected on any amount of tax due on any
redetermination by the Secretary, resulting from a refund to the taxpayer, for any
period before the receipt of such refund, except to the extent interest was paid
by the foreign country or possession of the United States on such refund for such
period.
(Aug. 16, 1954, ch. 736, 68A Stat. 288; Sept. 2, 1958,
Pub. L. 85-866, title I, 103(b), 72 Stat. 1675; Oct. 4, 1976, Pub. L. 94-455, title XIX, 1901(a)(114), 1906(b)(13)(A), 90 Stat. 1784, 1834; Dec.
28, 1980, Pub. L. 96-603, 2(c)(1), 94 Stat. 3509; Sept. 3, 1982, Pub. L. 97-248, title III, 343(a), 96 Stat. 635; Pub. L. 105-34, title XI, Sec. 1102(a)(2), Aug. 5, 1997, 111 Stat 788; Pub. L. 115-97, title I, Sec. 14301(c)(20), (21), Dec. 22, 2017, 131 Stat. 2054.)
BACKGROUND NOTES
AMENDMENTS
2017 - Subsec. (c)(1). Pub. L. 115-97, Sec. 14301(c)(20), amended par. (1) by striking the last sentence. Before being struck, it read as
follows:
“The Secretary may prescribe adjustments to the pools of post-1986 foreign income
taxes and the pools of post-1986 undistributed earnings under sections 902 and 960
in lieu of the redetermination under the preceding sentence.”
Subsec. (c)(2)(B)(i). Pub. L. 115-97, Sec. 14301(c)(21), amended subpar. (B) by amending clause (i). Before being amended, it read as follows:
“(i) shall be taken into account—
“(I) in the case of taxes deemed paid under section 902 or section 960, for the
taxable year in which paid (and no redetermination shall be made under this section
by reason of such payment), and
“(II) in any other case, for the taxable year to which such taxes relate, and”.
1997--Subsec. (c). Pub. L. 105-34, Sec. 1102(a)(2). Amended subsection (c). Prior to amendment it read as follows:
“(c) Adjustments on payment of accrued taxes
If accrued taxes when paid differ from the amounts claimed as credits by the taxpayer,
or if any tax paid is refunded in whole or in part, the taxpayer shall notify the
Secretary, who shall redetermine the amount of the tax for the year or years affected.
The amount of tax due on such redetermination, if any, shall be paid by the taxpayer
on notice and demand by the Secretary, or the amount of tax overpaid, if any, shall
be credited or refunded to the taxpayer in accordance with subchapter B of chapter
66 (sec. 6511 and following). In the case of such a tax accrued but not paid, the
Secretary, as a condition precedent to the allowance of this credit, may require the
taxpayer to give a bond, with sureties satisfactory to and to be approved by the Secretary,
in such sum as the Secretary may require, conditioned on the payment by the taxpayer
of any amount of tax found due on any such redetermination; and the bond herein prescribed
shall contain such further conditions as the Secretary may require. In such redetermination
by the Secretary of the amount of tax due from the taxpayer for the year or years
affected by a refund, the amount of the taxes refunded for which credit has been allowed
under this section shall be reduced by the amount of any tax described in section
901 imposed by the foreign country or possession of the United States with respect
to such refund; but no credit under this subpart, and no deduction under section 164
(relating to deduction for taxes) shall be allowed for any taxable year with respect
to such tax imposed on the refund. No interest shall be assessed or collected on any
amount of tax due on any redetermination by the Secretary, resulting from a refund
to the taxpayer, for any period before the receipt of such refund, except to the extent
interest was paid by the foreign country or possession of the United States on such
refund for such period.”
1982--Subsec. (c). Pub. L. 97-248, 343(a), struck out provision that, although no interest can be assessed or collected
on any amount of tax due on any redetermination by the Secretary, resulting from a
refund to the taxpayer, for any period before the receipt of such refund, except to
the extent interest has been paid by the foreign country or possession of the United
States on such refund for such period, that prohibition does not apply (with respect
to any period after the refund or adjustment in the foreign taxes) if the taxpayer
fails to notify the Secretary
(on or before the date prescribed by regulations for giving such notice)
unless it is shown that such failure is due to reasonable cause and not due to willful
neglect.
1980--Subsec. (c). Pub. L. 96-603 inserted provision that the preceding sentence not apply, with respect to any period
after the refund or adjustment in the foreign taxes, if the taxpayer fails to notify
the Secretary, on or before the date prescribed by regulations for giving such notice,
unless it is shown that such failure is due to reasonable cause and not due to willful
neglect.
1976--Subsec. (b). Pub. L. 94-455, 1901(a)(114), 1906(b)(13)(A), struck out provision allowing credits to be taken
for tax on royalties paid, accrued and derived from sources within the United Kingdom
of Britain and Northern Ireland and struck out “or his delegate” after
“Secretary”, in two places.
Subsec. (c). Pub. L. 94-455, 1906(b)(13)(A), struck out “or his delegate” after “Secretary” in eight places.
1958--Subsec. (b). Pub. L. 85-866 inserted sentence deeming recipient of a royalty or other amount for use of copyright,
patent, and other like property derived from sources within United Kingdom, to have
paid or accrued taxes paid or accrued to United Kingdom with respect to royalty if
recipient elects to include in its gross income the amount of such United Kingdom
tax.
EFFECTIVE DATE OF 2017 AMENDMENTS
Amendments by Pub. L. 115-97, Sec. 14301(c), effective for taxable years of foreign corporations beginning after December 31,
2017, and for taxable years of United States shareholders in which or with which such
taxable years of foreign corporations end.
EFFECTIVE DATE OF 1997 AMENDMENTS
Section 1102(c)(1) of Pub. L. 105-34 provided that:
“The amendments made by subsections (a) (1) and
(b) shall apply to taxes paid or accrued in taxable years beginning after December
31, 1997.” Section 1105(c)(2) provided that the following exception:
“The amendment made by subsection (a) (2) shall apply to taxes which relate to taxable
years beginning after December
31, 1997 [enacted: Aug. 5, 1997]”.
EFFECTIVE DATE OF 1982 AMENDMENT
Section 343(b) of Pub. L. 97-248 provided that: “The amendment made by subsection
(a) [amending this section] shall have the same effect as if the last sentence of
section 905(c) had never been enacted.”
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-603 applicable with respect to employer contributions or accruals for taxable years beginning
after Dec. 31, 1979, election to apply amendments retroactively with respect to foreign
subsidiaries, allowance or prior deductions in case of certain funded branch plans,
and time and manner for making elections, see section 2(e) of Pub. L. 96-603, set out as an Effective Date note under section 404A of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by section 1901(a)(114) of Pub. L. 94-455 applicable with respect to taxable years beginning after Dec. 31, 1976, see section
1901(d) of Pub. L. 94-455, set out as a note under section 2 of this title.
EFFECTIVE DATE OF 1958 AMENDMENT
Section 103(c) of Pub. L. 85-866 provided that: “The amendment made by subsection
(a) of this section [amending section 131(e) of Internal Revenue Code of 1939] shall apply for all taxable years beginning on or after January 1, 1950,
as to which section 131 of the Internal Revenue Code of 1939 is the applicable provision. The amendment made by subsection
(b) of this section [amending this section] shall apply with respect to taxable years
beginning after December 31, 1953, and ending after August 16, 1954. No interest shall
be allowed or paid on any overpayment resulting from the amendments made by subsections
(a) and (b) of this section.”
