26 USC 6046 - Returns as to organization or reorganization of foreign corporations and as to acquisitions of their stock

U.S Code last checked for updates: Nov 22, 2024

§ 6046.

Returns as to organization or reorganization of foreign corporations and as to acquisitions of their stock

(a)

Requirement of return

(1)

In general

A return complying with the requirements of subsection (b) shall be made by—

(A)

each United States citizen or resident who becomes an officer or director of a foreign corporation if a United States person (as defined in section 7701(a)(30)) meets the stock ownership requirements of paragraph (2) with respect to such corporation,

(B)

each United States person—

(i)

who acquires stock which, when added to any stock owned on the date of such acquisition, meets the stock ownership requirements of paragraph (2) with respect to a foreign corporation, or

(ii)

who acquires stock which, without regard to stock owned on the date of such acquisition, meets the stock ownership requirements of paragraph (2) with respect to a foreign corporation,

(C)

each person (not described in subparagraph (B)) who is treated as a United States shareholder under section 953(c) with respect to a foreign corporation, and

(D)

each person who becomes a United States person while meeting the stock ownership requirements of paragraph (2) with respect to stock of a foreign corporation.

In the case of a foreign corporation with respect to which any person is treated as a United States shareholder under section 953(c), subparagraph (A) shall be treated as including a reference to each United States person who is an officer or director of such corporation.

(2)

Stock ownership requirements

A person meets the stock ownership requirements of this paragraph with respect to any corporation if such person owns 10 percent or more of—

(A)

the total combined voting power of all classes of stock of such corporation entitled to vote, or

(B)

the total value of the stock of such corporation.

(b)

Form and contents of returns

(c)

Ownership of stock

(d)

Time for filing

(e)

Limitation

(f)

Cross reference

(Aug. 16, 1954, ch. 736, 68A Stat. 747; Pub. L. 86–780, § 7(a), Sept. 14, 1960, 74 Stat. 1016; Pub. L. 87–834, § 20(b), Oct. 16, 1962, 76 Stat. 1061; Pub. L. 94–455, title XIX, § 1906(a)(4), (b)(13)(A), Oct. 4, 1976, 90 Stat. 1824, 1834; Pub. L. 97–248, title III, § 341(a), Sept. 3, 1982, 96 Stat. 635; Pub. L. 100–647, title I, § 1012(i)(19), Nov. 10, 1988, 102 Stat. 3510; Pub. L. 105–34, title XI, § 1146(a), Aug. 5, 1997, 111 Stat. 986; Pub. L. 110–172, § 11(a)(33), Dec. 29, 2007, 121 Stat. 2487.)

cite as: 26 USC 6046