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Foreign personal holding company income (FPHCI) is defined for U.S. controlled foreign corporation rules〔(26 USC 954(c) ) and (26 CFR 1.954-2 ). This definition is also used in other sections of 26 USC, including the passive foreign investment company rules. 〕 and, with modifications, for U.S. foreign tax credit rules.〔(26 USC 904(d) ). See the discussion of passive income on pages 10-11 of (IRS Publication 514 ) Also, prior foreign personal holding provisions, 26 USC 551-558, repealed in 2004, provided a separate definition.〕 It consists of interest, dividends, rents, royalties, gains on property producing FPHCI, and certain other items. Exceptions are provided for active rents and royalties, certain related party rents and royalties, same country income, and certain other items. For purposes of the foreign tax credit, an additional exception requires look-through of certain income received from a controlled foreign corporation. ==Exceptions== Under the basic definition, there are exclusions and exceptions, which include: *Rents and royalties derived in the active conduct of a trade or business (e.g., a car rental business). For royalties to qualify, the property must have been substantially developed by the recipient of the royalties. *Interest and dividends received from related parties organized in the same country as the recipient. *Rents and royalties received from related parties for use of property in the same country as the recipient is organized. *For 2006 through 2009, interest or dividends received from any related party.〔(26 USC 954(c)(6) ), added by P.L. 109-222 section 103(a)(2), including the expiration provision, which was subsequently extended.〕 Generally, the related party exclusions do not apply if the item in the hands of the payor must be allocated or apportioned to Subpart F income.〔(26 USC 954(c)(3)(B) ).〕 Thus, rents paid by CFC1 to CFC2 would be Subpart F income to CFC2 regardless of exceptions or exclusions if CFC1 would allocate the rental expense to Subpart F activities. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Foreign personal holding company」の詳細全文を読む スポンサード リンク
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