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Guidance Related to Section 951A (Global Intangible Low-Taxed Income) and Certain Guidance Related to Foreign Tax Credits

---
identifier: "/us/fr/C1-2019-12437"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Guidance Related to Section 951A (Global Intangible Low-Taxed Income) and Certain Guidance Related to Foreign Tax Credits"
title_number: 0
title_name: "Federal Register"
section_number: "C1-2019-12437"
section_name: "Guidance Related to Section 951A (Global Intangible Low-Taxed Income) and Certain Guidance Related to Foreign Tax Credits"
positive_law: false
currency: "2019-08-23"
last_updated: "2019-08-23"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Treasury Department"
document_number: "C1-2019-12437"
document_type: "rule"
publication_date: "2019-08-23"
agencies:
  - "Treasury Department"
  - "Internal Revenue Service"
cfr_references:
  - "26 CFR Part 1"
rin: "1545-BO54"
fr_citation: "84 FR 44223"
fr_volume: 84
docket_ids:
  - "TD 9866"
---

#  Guidance Related to Section 951A (Global Intangible Low-Taxed Income) and Certain Guidance Related to Foreign Tax Credits

**Correction**

In rule document 2019-12437, appearing on pages 29288 through 29370, in the issue of Friday, June 21, 2019 make the following corrections:

1. On page 29337, Table 1 to paragraph (b)(2)(iv)(B) should appear as follows:

|  |  |  |
| --- | --- | --- |
| M's subpart F income for Year 1 | $100x |  |
| Less: Reduction under section 951(a)(2)(A) for period (1-1 through 5-26) during which M is not a controlled foreign corporation ($100x × 146/365) | 40x |  |
| Subpart F income for Year 1 as limited by section 951(a)(2)(A) | 60x |  |
| A's pro rata share of subpart F income as determined under section 951(a)(2)(A) (0.6 × $60x) | 36x |  |
| Less: Reduction under section 951(a)(2)(B) for dividends received by B during Year 1 with respect to the stock of M acquired by A: |  |  |
| (i) Dividend received by B ($15x), multiplied by a fraction ($100x/$100x), the numerator of which is the subpart F income of such corporation for the taxable year ($100x) and the denominator of which is the sum of the subpart F income and the tested income of such corporation for the taxable year ($100x) ($15x × ($100x/$100x)) | 15x |  |
| (ii) B's pro rata share (60%) of the amount which bears the same ratio to the subpart F income of such corporation for the taxable year ($100x) as the part of such year during which A did not own (within the meaning of section 958(a)) such stock bears to the entire taxable year (146/365) (0.6 × $100x × (146/365)) | 24x |  |
| (iii) Amount of reduction under section 951(a)(2)(B) (lesser of (i) or (ii)) |  | 15x |
| A's pro rata share of subpart F income as determined under section 951(a)(2) | 21x |  |

2. On page 29338, Table 1 to paragraph (b)(2)(vi)(B)(1) should appear as follows:

|  |  |  |
| --- | --- | --- |
| R's subpart F income for Year 1 | $100x |  |
| Less: Reduction under section 951(a)(2)(A) for period (1-1 through 3-14) during which R is not a controlled foreign corporation ($100x × 73/365) | 20x |  |
| Subpart F income for Year 1 as limited by section 951(a)(2)(A) | 80x |  |
| A's pro rata share of subpart F income as determined under section 951(a)(2)(A) (0.6 × $80x) | 48x |  |
| Less: Reduction under section 951(a)(2)(B) for dividends received by B during Year 1 with respect to the stock of R indirectly acquired by A: |  |  |
| (i) Dividend received by B ($100x) multiplied by a fraction ($100x/$400x), the numerator of which is the subpart F income of such corporation for the taxable year ($100x) and the denominator of which is the sum of the subpart F income and the tested income of such corporation for the taxable year ($400x) ($100x × ($100x/$400x)) | 25x |  |
| (ii) B's pro rata share (60%) of the amount which bears the same ratio to the subpart F income of such corporation for the taxable year ($100x) as the part of such year during which A did not own (within the meaning of section 958(a)) such stock bears to the entire taxable year (73/365) (0.6 × $100x × (73/365)) | 12x |  |
| (iii) Amount of reduction under section 951(a)(2)(B) (lesser of (i) or (ii)) |  | 12x |
| A's pro rata share of subpart F income as determined under section 951(a)(2) | 36x |  |

3. On the same page, Table 1 to paragraph (b)(2)(vi)(B)( *2* ) should appear as follows:

|  |  |  |
| --- | --- | --- |
| R's tested income for Year 1 | $300x |  |
| Less: Reduction under section 951(a)(2)(A) for period (1-1 through 3-14) during which R is not a controlled foreign corporation ($300x × 73/365) | 60x |  |
| Tested income for Year 1 as limited by under section 951(a)(2)(A) | 240x |  |
| A's pro rata share of tested income as determined under § 1.951A-1(d)(2) (0.6 × $240x) | 144x |  |
| Less: Reduction under section 951(a)(2)(B for dividends received by B during Year 1 with respect to the stock of R indirectly acquired by A: |  |  |
| (i) Dividend received by B ($100x) multiplied by a fraction ($300x/$400x), the numerator of which is the tested income of such corporation for the taxable year ($300x) and the denominator of which is the sum of the subpart F income and the tested income of such corporation for the taxable year ($400x) ($100x × ($300x/$400x)) | 75x |  |
| (ii) B's pro rata share (60%) of the amount which bears the same ratio to the tested income of such corporation for the taxable year ($300x) as the part of such year during which A did not own (within the meaning of section 958(a)) such stock bears to the entire taxable year (73/365) (0.6 × $300x × (73/365)) | 36x |  |
| (iii) Amount of reduction under section 951(a)(2)(B) (lesser of (i) or (ii)) |  | 36x |
| A's pro rata share of tested income under section 951A(e)(1) | 108x |  |