26 U.S.C. § 908

Current through P.L. 118-82 (published on www.congress.gov on 09/20/2024)
Section 908 - Reduction of credit for participation in or cooperation with an international boycott
(a) In general

If a person, or a member of a controlled group (within the meaning of section 993(a)(3)) which includes such person, participates in or cooperates with an international boycott during the taxable year (within the meaning of section 999(b)), the amount of the credit allowable under section 901 to such person, or under section 960 to United States shareholders of such person, for foreign taxes paid during the taxable year shall be reduced by an amount equal to the product of-

(1) the amount of the credit which, but for this section, would be allowed under section 901 for the taxable year, multiplied by
(2) the international boycott factor (determined under section 999).
(b) Application with sections 275(a)(4) and 78

Section 275(a)(4) and section 78 shall not apply to any amount of taxes denied credit under subsection (a).

26 U.S.C. § 908

Added Pub. L. 94-455, title X, §1061(a), Oct. 4, 1976, 90 Stat. 1649; amended Pub. L. 115-97, title I, §14301(c)(28), Dec. 22, 2017, 131 Stat. 2224.

EDITORIAL NOTES

AMENDMENTS2017-Subsec. (a). Pub. L. 115-97 struck out "902 or" after "or under section" in introductory provisions.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115-97 applicable to taxable years of foreign corporations beginning after Dec. 31, 2017, and to taxable years of United States shareholders in which or with which such taxable years of foreign corporations end, see section 14301(d) of Pub. L. 115-97, set out as a note under section 78 of this title.

EFFECTIVE DATEPub. L. 94-455, title X, §1066(a), Oct. 4, 1976, 90 Stat. 1654, provided that: "(1) GENERAL RULE.-The amendments made by this part (other than by section 1065) [enacting this section and section 999 of this title and amending sections 952 and 995 of this title] apply to participation in or cooperation with an international boycott more than 30 days after the date of enactment of this Act [Oct. 4, 1976]."(2) EXISTING CONTRACTS.-In the case of operations which constitute participation in or cooperation with an international boycott and which are carried out in accordance with the terms of a binding contract entered into before September 2, 1976, the amendments made by this part (other than by section 1065) apply to such participation or cooperation after December 31, 1977."

person
The term "person" shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation.
taxable year
The term "taxable year" means the calendar year, or the fiscal year ending during such calendar year, upon the basis of which the taxable income is computed under subtitle A. "Taxable year" means, in the case of a return made for a fractional part of a year under the provisions of subtitle A or under regulations prescribed by the Secretary, the period for which such return is made.