An Act to amend the Internal Revenue Code of 1954 to permit taxpayers to elect an overall limitation on the foreign tax credit
PL 86-780 (H.R.10087), enacted 09/14/1960

1010 
PUBUC LAW 86-780-SEPT. U, 1960 
[74 S T A T . 
pwbeVs" local 
^Ec. 11. The Pensioii Fund, Plumbers' Local Union Numbered 775, 
Union Numbered whicli was Created May 1, 1957, as a result of an agreement between 
"*• 
Plumbers' Local Union Numbered 775, of Suffolk County, New York, 
affiliated with the United Association of Journeymen and Apprentices 
of the Plumbing and Pipe Fitting Industry of the United States and 
Canada, and the Suffolk County Plumbing and Heating Contractors 
Association, Inc.j and which has been held by the Internal Revenue 
Service to constitute a qualified trust under section 401(a) of the 
26 use 401. 
Internal Revenue Code of 1954, and to be exempt from taxation under 
26 use sou 
section 501(a) of such Code, shall be held and considered to have 
been a qualified trust under such section 401(a), and to have been 
exempt from taxation under such section 501(a), for the period 
beginning May 1, 1957, and ending May 11, 1959, but only if it is 
shown to the satisfaction of the Secretary of the Treasury or his 
delegate that the trust has not in this period been operated in a manner 
which would jeopardize the interests of its beneficiaries. 
Approved September 14, 1960. 
Public Law 86-780 
September 14, 1960 
A N A C T 
JH R 
100871 
—LJ—I 
i— To amend the Internal Revenue Code of 1954 to permit taxpayers to elect an 
overall limitation on the foreign tax credit. 
I R e 
1 9 5 4, 
mendment 
Be it enacted by the Senate and House of Representatives 
of the 
United /States of ATnerica in Congress assembled^ That (a) section 904 
F o r e i g n tax gf ^he Internal Revenue Code of 1954 (relating to limitation on for-
'^'esA Stat. 287. 
^^^ tax Credit) is amended by striking out subsection (a) and insert-
26 use 904. 
ing in lieu thereof the following new subsections: 
'(a) ALTERNATIVE LIMITATIONS.— 
"(1) PER-COUNTRY LIMITATION.—In the case of any taxpayer 
who does not elect the limitation provided by paragraph (2), the 
amount of the credit in respect of the tax paid or accrued to any 
foreign country or possession of the United States shall not 
exceed the same proportion of the tax against which such credit 
is taken which the taxpayer's taxable income from sources within 
such country or possession (but not in excess of the taxpayer's 
entire taxable income) bears to his entire taxable income for the 
same taxable year. 
"(2) OVERALL LIMITATION.—In the case of any taxpayer who 
elects the limitation provided by this paragraph, the total amount 
of the credit in respect of taxes paid or accrued to all foreign 
countries and possessions of the United States shall not exceed 
the same proportion of the tax against which such credit is taken 
which the taxpayer's taxable income from sources without the 
United States (but not in excess of the taxpayer's entire taxable 
income) bears to his entire taxable income for the same taxable 
year. 
"(b) ELECTION OF OVERALL LIMITATION.— 
"(1) I N GENERAL.—A taxpayer may elect the limitation pro-
vided by subsection (a) (2) for any taxable year beginning 
after December 31. 1960. An election under this paragraph for 
any taxable year shall remain in effect for all subsequent taxable 
years, except that it may be revoked Avith the consent of the 
Secretary or his delegate with respect to any taxable year. 
74 S T A T . ] 
PUBLIC LAW 8 6 - 7 8 0 - S E P T . 14, 1960 
1011 
"(2) ELECTION AFTER REVOCATION.—If a taxpayer has made 
an election under paragraph (1) and such election has been 
revoked, such taxpayer shall not be eligible to make a new election 
under paragraph (1) for any taxable year, unless the Secretary or 
his delegate consents to such new election. 
" (8) FORM AND TIME OF ELECTION AND REVOCATION.—An election 
inider paragraph (1), and any revocation of such an election, 
may be made only in such manner as the Secretary or his delegate 
may by regulations prescribe. 
Such an election or revocation 
with respect to any taxable year may be made or changed at any 
time before the expiration of the period prescrib3d for making 
a claim for credit or refund of the tax imposed by this chapter 
for such taxable year." 
(b) Subsection (b) of such section 904 is amended— 
68A stat. 288. 
(1) by striking out "(b)" at the beginning and inserting ii:i 
lieu thereof "(c)"; and 
(2) by striking out "the limitation under subsection (a)" and 
inserting in lieu thereof "the applicable limitation under sub-
section (a)". 
(c) Subsection (c) of such section 904 is amended— 
72Stai. i639. 
(1) by striking out "(c)" at the beginning and inserting in 
lieu thereof " ( d ) " ; and 
(2) by striking out "the limitation under subsection (a)" each 
place it appears m the first sentence and inserting in lieu thereof 
"the applicable limitation under subsection (a)". 
(d) Such section 904 is amended by adding at the end thereof the 
^^ stat. i639. 
following new subsections: 
"(e) CARRYBACKS AND CARRYOVERS WHERE OVERALL LIMITATION I S 
ELECTED.— 
"(1) FOREIGN TAXES TO BE AGGREGATED FOR PURPOSES or SUBSEC-
TION (d).—^With respect to each taxable year of the taxpayer to 
which the limitation provided by subsection (a) (2) applies, the 
taxes referred to in the first sentence of subsection (d) shall, for 
purposes of applying such first sentence, be aggregated on an 
overall basis (rather than taken into account on a per-country 
basis). 
"(2) FOREIGN TAXES MAY NOT BE CARRIED FROM PER-COUNTRY 
YEAR TO OVERALL YEAR OR FROM OVERALL YEAR TO PER-COUNTRY 
YEAR.—No amount -paid or accrued for any taxable year to which 
the limitation provided by subsection (a) (1) applies shall (ex-
cept for purposes of determining the number oi taxable years 
which have elapsed) be deemed paid or accrued under subsection 
(d) in any taxable year to which the limitation provided by sub-
section (a) (2) applies. No amount paid or accrued for any 
taxable year to which the limitation provided by subsection 
(a) (2) applies shall (except for purposes of determining the 
number of taxable years which have elapsed) be deemed paid or 
accrued under subsection (d) in any taxable year to which the 
limitation provided by subsection (a) (1) applies. 
"(f) CROSS KEFERENCE.— 
"For special rule relating to the application of the credit provided 
by section 901 in the case of affiliated groups which include Western 
Hemisphere trade corporations for years in which the limitation 
provided by subsection (a)(2) applies, see section 1503(d)." 
SEC. 2. Section 1503 of the Internal Revenue Code of 1954 (relating 
^^^ stat. 367. 
to computation and payment of tax in case of consolidated returns) is 
amended by adding at the end thereof the following new subsection: 
1012 
PUBLIC LAW 86-780-5EPT. 14, 1960 
[74 STAT. 
"(d) 
SPECIAL, KULE FOR APPLICATION OF FOREIGN TAX CREDIT W H E N 
OVERALL LIMITATION APPLIES.— 
"(1) I N GENERAL.—If the affiliated group includes one or more 
Western Hemisphere trade corporations (as defined in section 
68A^stat.^29o.^ 
921), and if for the taxable year an election under section 904(b) 
(1) (relating to election of overall limitation on foreign tax 
credit) is in effect, then the amount of taxes paid or accrued to 
foreign countries and possessions of the United States by such 
Western Hemisphere trade corporations which may be taken into 
68A Stat. 285. 
accouut for purposes of section 901 shall be reduced by the amount 
(if any) by which— 
"(A) the amount of such taxes (or, if smaller, the amount 
of the tax which would be computed under subsection (a), if 
such corporations were not Western Hemisphere trade corpo-
rations, with respect to the portion of the consolidated taxable 
income attributable to such corporations), exceeds 
"(B) the amount of the tax computed under subsection (a) 
with respect to the portion of the consolidated taxable income 
attributable to such corporations. 
"(2) 
ADJUSTMENT IN CASE OF CERTAIN PUBLIC UTILITIES.—So 
much of any reduction under paragraph (1) as is attributable to 
taxes paid or accrued to foreign countries and possessions of the 
United States by one or more corporations which are both Western 
Hemisphere trade corporations and regulated public utilities shall 
be decreased by the excess of— 
"(A) the amount of tax computed under subsection (a) 
with respect to the portion of the consolidated taxable income 
attributable to income derived, by the corporations in the 
affiliated group which arejiot Western Hemisphere trade cor-
porations, from sources within the foreign coimtries referred 
to in paragraph (3) (B), over 
"(B) the amount of taxes paid or accrued to such foreign 
countries by the corporations referred to in subparagraph 
(A). 
This paragraph shall apply only if the corporations described in 
subparagraph (A) derive 80 percent or more, of the gross income 
(computed without regard to capital gains and losses) which they 
derive from sources within the foreign countries described in para-
graph (3) (B), from regulated public utilities and from opera-
tions as regulated public utilities. 
"(3) 
SPECIAL RULES.— 
"(A) For purposes of paragraph (2), a corporation is a 
regulated public utility only if it is a regulated public utility 
within the meaning of subparagraph (A) (other than clauses' 
(ii) and (iii) thereof) or (D) of subsection (c) (1). For pur-
poses of the preceding sentence, subsection (c) (2) shall be 
applied as if subsection (c)(1) were limited to subpara-
graphs (A) (i) and (D) thereof. 
"(B) For purposes of paragraph (2), the foreign countries 
referred to m this subparagraph include only any country 
from which any public utility referred to in the first sentence 
of paragraph (2) derives the principal part of its income. 
"(C) For purposes of paragraph (1)(A), the amount of 
tax which would be computed with respect to the portion of 
the consolidated taxable income attributable to any corpo-
ration or corporations shall be determined without regard to 
the increase of 2 percent provided in subsection (a)." 
74 S T A T . ] 
PUBLIC LAW 86-780-SEPT. 14, 1960 
1013 
SEC. 3. (a) Subsections (a) and (b) of section 901 of the Internal 
Revenue Code of 1954 (relating to taxes of foreigjn countries and of 
^*^ ^*^*- ^ss. 
possessions of the United States) are each amended by striking out 
•'the limitation of section 904" and inserting in lieu thereof "the 
applicable limitation of section 904". 
(b) The second sentence of subsection (a) of such section 901 is 
amended to read as follows: "Such choice for any taxable year may 
be made or changed at any time before the expiration of the period 
prescribed for making a claim for credit or refund of the tax imposed 
by this chapter for such taxable year." 
(c) Section 6501 of such Code (relating to limitations on assess- 72 stat. leea. 
ments and collections) is amended by redesignating subsection (i) 
as subsection (j) and by inserting after subsection (h) the following 
new subsection: 
"(i) FOREIGN TAX CARRYBACKS.—In the case of a deficiency attrib-
utable to the application to the taxpayer of a carryback under section 
904(d) (relating to carryback and carryover of excess foreign taxes), 
such deficiency may be assessed at any time before the expiration of 
one year after the expiration of the period within which a deficiency 
may be assessed for the taxable year of the excess taxes described in 
section 904(d) which result in such carryback." 
Ante, p. ion. 
SEC. 4. The amendments made by the first section, section 2, and 
subsection (a) of section 3 of this Act shall apply with respect to 
taxable years beginning after December 31, 1960. The amendment 
made by subsection (b) of section 3 of this Act shall apply with respect 
to taxable years beginning after December 31, 1953, and ending after 
August 16,1954. The amendments made by subsection (c) of section 
3 of this Act shall apply with respect to taxable years beginning after 
December 31, 1957. 
SEC. 5. Any amount received after December 31, 1949, and before 
October 1,1955, from a corporation which— 
(1) was formed exclusively for the purpose of, and was en-
gaged exclusively in, operating without profit a scientific labora-
tory for the Atomic Energy Commission, and 
(2) operated solely on funds appropriated to the Atomic 
Energy Commission, 
by an individual as reimbursement for moving himself and his im-
mediate family, household goods, and personal effects to a new place 
of residence in order to accept employment with such corporation shall, 
for Federal income tax purposes, be treated as an amount which was 
not includible in the gross income of the individual, to the extent that 
such amount did not exceed the actual expenses paid or incurred by the 
individual for such purposes, if the individual was advised, at the 
time of his employment, by an authorized officer, employee, or agent 
of such corporation that the amount of such reimbursement would not 
be includible in gross income. If refund or credit of any overpay-
ment resulting from the application of this section is prevented on 
the date of enactment of this Act, or within six months after such 
date, by the operation of any law or rule of law (other than chapter 74 
of the Internal Revenue Code of 1954, relating to closing agreements 
68A stat. 849. 
and compromises, and the corresponding provisions of prior law), 
refund or credit of such overpayment may, nevertheless, be made or 
allowed if claim therefor is filed within six months after such date. 
No interest shall be paid or allowed on any overpayment resulting 
from the application of the preceding sentence. 
lOU 
PUBLIC LAW 86-780-8EPT. U, 1960 
[74 STAT. 
SEC. 6. (a) Subpart A of part I I I of subchapter A of chapter 61 of 
68A Stat. 731. 
^]^Q Internal Revenue Code of .1964 (relating to information concern-
ing persons subject to special provisions) is amended by renumbering 
72 Stat. 1656, 
sectiou 6038 as 6039, and by inserting after section 6037 the following 
new section: 
"SEC. 6038. INFORMATION WITH RESPECT TO CERTAIN FOREIGN COR-
PORATIONS. 
"(a) 
REQUIREMENT.— 
"(1) I N GENERAL.—A domestic corporation shall furnish, with 
respect to any foreign corporation which it controls (within the 
meaning of subsection (c) (1)) and with respect to any foreign 
subsidiary of any such foreign corporation (within the meaning 
of subsection (c) (2)^, such information as the Secretary or his 
delegate may prescrioe by regulations relating to— 
"(A) the name, the principal place of business, and the 
nature of business of such foreign corporation or foreign sub-
sidiary, and the country under whose laws incorporated; 
"(B) the accumulated profits 
(as defined in section 
68A Stat. 286. 
902(c)) of sucli foreign corporation or foreign subsidiary, 
including the iterps of income (whether or not included in 
gross income under chapter 1), deductions (whether or not 
allowed in computing taxable income under cliapter 1), and 
any other items taken into account in computing such ac-
cumulated profits; 
"(C) a balance sheet for such foreign corporation or for-
eign subsidiary, listing assets, liabilities, and capital; 
"(D) transactions between such foreign corporation or 
foreign subsidiary and— 
"(i) any 
foreign 
corporation 
controlled 
by 
the 
domestic corporation, 
"(ii) any foreign subsidiary of a foreign corporation 
controlled by the domestic corporation, and 
"(iii) the domestic corporation or any shareholder of 
the domestic corporation owning at the time the transac-
tion takes place 10 percent or more of the value of any 
class of stock outstanding of the domestic corporation; 
and 
"(E) a description of the various classes of stock outstand-
ing, and a list showing the name and address of, and number 
of shares held by, each citizen or resident of the United States 
and each domestic corporation who is a shareholder of record 
owning at any time during the annual accounting period 5 
percent or more in value of any class of stock outstanding of 
such foreign corporation or foreign subsidiary. 
" (2) 
PERIOD FOR WHICH INFORMATION IS TO BE FURNISHED, ETC.— 
The information required under paragraph (1) shall be fur-
nished— 
"(A) in the case of a foreign corporation, for its annual 
accounting period ending with or within the domestic cor-
poration's taxable year, and 
"(B) in the case of any foreign subsidiary of such foreign 
corporation, for such suDsidiarv's annual accounting period 
ending with or within such foreign corporation's annual 
accounting period described in subparagraph (A). 
The information required under this subsection shall be furnished 
at such time and in such manner as the Secretary or his delegate 
shall by regulations prescribe. 
68A Stat. 286. 
74 S T A T . ] 
PUBLIC LAW 86-780-SEPT. 14, 1960 
1015 
"(3) LIMITATION.—No information shall be required to be fur-
nished under this subsection with respect to any foreign corpora-
tion or foreign subsidiary for any annual accounting period unless 
such information was required to be furnished under regulations 
in effect on the first day of such annual accounting period. 
"(b) EFFECT OF FAILURE TO FURNISH INFORMATION.—If a domestic 
corporation fails to furnish, within the time prescribed under para-
graph (2) of subsection (a), any information with respect to any 
foreign corporation or foreign subsidiary required under paragraph 
(1) of subsection (a), then, in applying section 902 (relating to foreign 
tax credit for corporate stockholder m foreign corporation) to such 
domestic corporation (or to any person who acquires from any person 
any portion of the interest of such domestic corporation in any such 
foreign corporation or foreign subsidiary, but only to the extent of 
such portion) for any taxable year, the amount of taxes paid or deemed 
paid i
D
y each foreign corporation and foreign subsidiary with respect 
to which the domestic corporation is required to furnish information 
during the annual accounting period or periods with respect to which 
such information is required under such paragraph (2) of subsection 
(a) shall be reduced by 10 percent. If such failure continues 90 days 
or more after notice by the Secretary or his delegate to the domestic 
corporation, then the amount of the reduction under this subsection 
shall be 10 percent plus an additional 5 percent for each 3-month 
period, or fraction thereof, during which such failure to furnish in-
formation continues after the expiration of such 90-day period. No 
taxes shall be reduced under this subsection more than once for the 
same failure. For purposes of this subsection^ the time prescribed 
under paragraph (2) of subsection (a) to furnish information (and 
the beginning of the 90-day period after notice by the Secretary) 
shall be treated as being not earlier than the last day on which (as 
shown to the satisfaction of the Secretary or his delegate) reasonable 
cause existed for failure to furnish such information. 
"(c) CONTROL, ETC.—For purposes of this section— 
"(1) If at any time during its taxable year a domestic corpora-
tion owns more than 50 percent of the voting stock of a foreign 
corporation, it shall be deemed to be in control of such foreign 
corporation. 
"(2) If at any time during its annual accounting period a 
foreign corporation owns more than 50 percent of the voting stock 
of another foreign corporation, such other corporation shall be 
considered a foreign subsidiary of the corporation owning such 
stock. 
"(d) ANNUAL ACCOUNTING PERIOD.—For purposes of this section, 
the annual accounting period of a foreign corporation or of a foreign 
subsidiary is the annual period on the basis of which such foreign cor-
l)oration or such foreign subsidiary regularly computes its income in 
keeping its books. 
"(e) CROSS REFERENCE.— 
"For provisions relating to penalties for violations of this section, 
see section 7203." 
(b) (1) Tlie table of sections for such subpart is amended by strik-
ing out the last item and inserting in lieu thereof the following: 
"Sec. 6038. Information with respect to certain foreign corpora-
tions. 
"Sec. 6039. Cross references." 
1016 
PUBLIC LAW 86-780-SEPT. 14, 1960 
[74 S T A T . 
68A Stat. 286. 
(2) SectioH 902 of the Internal Kevenue Code of 1954 (relating to 
credit for corporate stockholder in foreign corporation) is amended 
by adding at the end thereof the following new subsection: 
"(e) CROSS REFERENCE.— 
"For reduction of credit with respect to dividends paid out of accu-
mulated profits for years for which certain information is not fur-
nished, see section 6038." 
(c) The amendments made by subsections (a) and (b) shall apply 
to taxable years of domestic corporations beginning after December 
31, 1960, with respect to information relating to a foreign corporation 
or a foreign subsidiary described in section 6038(a) of the Internal 
Ante, p. 1014. 
Reveuue Code of 1954 (as added by subsection (a)) for its annual 
accounting periods beginning after December 31,1960. 
68A Stat. 747. 
ggc. 7. (a) Sectiou 6046 of the Internal Revenue Code of 1954 (relat-
ing to information returns as to formation or reorganization of foreign 
corporations) is amended to read as follows: 
"SEC. 6046. RETURNS AS TO CREATION OR ORGANIZATION, OR REOR-
GANIZATION, OF FOREIGN CORPORATIONS. 
"(a) GENERAL RULE.—On or before the 90th day after the creation 
or organization, or reorganization, of any foreign corporation— 
"(1) Each United States citizen or resident who was an officer 
or director of the corporation at any time within 60 days after 
the creation or organization, or reorganization thereof, and 
" (2) Each United States shareholder of the corp)oration by or 
for whom, at any time within 60 days after the creation or organi-
zation or reorganization of the corporation, 5 percent or more in 
value of the stock of the corporation then outstanding was owned 
directly or indirectly (including, in the case of an individual, 
stock owned by members of his family), 
shall make a return in compliance with the provisions of subsection (b). 
"(b) FORM AND CONTENTS OF RETURNS.—The returns re^juired by 
subsection (a) shall be in such form and shall set forth, in respect of 
the foreign corporation, such information as the Secretary or his dele-
gate prescribes by forms or regulations as necessary for carrying out 
the provisions of the income tax laws. 
"(c) MEANING OF TERMS.—For the purpose of this section— 
"(1) UNITED STATES SHAREHOLDER.—The term 'United States 
shareholder' includes a citizen or resident of the United States, a 
domestic corporation, a domestic partnership or an estate or trust 
(other than an estate or trust the gross income of which under 
subtitle A includes only income from sources within the United 
States). 
"(2) MEMBERS OF FAMILY.—The family of an individual shall 
be considered as including only his brothers and sisters (whether 
by the whole or half blood), spouse, ancestors, and lineal descend-
ants. 
"(d) CROSS REFERENCE.— 
"For provisions relating to penalties for violations of this section, 
see section 7203." 
(b) The table of sections for subpart B of part I I I of chapter 61 
of the Internal Revenue Code of 1954 is amended by striking out the 
last item and inserting in lieu thereof the following: 
"Sec. 6046. Returns as to creation or organization, or reorganiza-
tion, of foreign corporations." 
Applicability. 
gj,^, 3 rpj^g amendments made by section 7 shall apply only with 
respect to foreign corporations created or organized, or reorganized, 
after the date of the enactment of this Act. 
Approved September 14, 1960.