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Credit for Taxes in Lieu of Income Taxes

IRC §903

Allows taxpayers to claim a foreign tax credit for taxes paid to a foreign country that are imposed in substitution for a generally imposed income tax.

Eligibility

Taxpayer must pay a foreign tax that is not a standard income tax but is specifically intended to replace an income, war profits, or excess profits tax.

Frequently Asked Questions

Who is eligible for the Credit for Taxes in Lieu of Income Taxes?

Taxpayer must pay a foreign tax that is not a standard income tax but is specifically intended to replace an income, war profits, or excess profits tax.

How does the Credit for Taxes in Lieu of Income Taxes work?

Allows taxpayers to claim a foreign tax credit for taxes paid to a foreign country that are imposed in substitution for a generally imposed income tax.

What law authorizes the Credit for Taxes in Lieu of Income Taxes?

The Credit for Taxes in Lieu of Income Taxes is authorized under IRC §903 of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §903

Source: Internal Revenue Code, Title 26, United States Code

§ 903. Credit for taxes in lieu of income, etc., taxes For purposes of this part and of sections 164(a) and 275(a), the term “income, war profits, and excess profits taxes” shall include a tax paid in lieu of a tax on income, war profits, or excess profits otherwise generally imposed by any foreign country or by any possession of the United States. (Aug. 16, 1954, ch. 736, 68A Stat. 287; Pub. L. 88–272, title II, § 207(b)(8), Feb. 26, 1964, 78 Stat. 42; Pub. L. 100–647, title I, § 1012(v)(9), Nov. 10, 1988, 102 Stat. 3530; Pub. L. 106–519, § 4(4), Nov. 15, 2000, 114 Stat. 2433; Pub. L. 108–357, title I, § 101(b)(7), Oct. 22, 2004, 118 Stat. 1423.) Editorial Notes Amendments2004—Pub. L. 108–357 substituted “164(a)” for “114, 164(a),”. 2000—Pub. L. 106–519 substituted “114, 164(a),” for “164(a)”. 1988—Pub. L. 100–647 substituted “this part” for “this subpart”. 1964—Pub. L. 88–272 substituted “sections 164(a) and 275(a)” for “section 164(b)”. Statutory Notes and Related Subsidiaries Effective Date of 2004 AmendmentAmendment by Pub. L. 108–357 applicable to transactions after Dec. 31, 2004, see section 101(c) of Pub. L. 108–357, set out as a note under section 56 of this title. Effective Date of 2000 AmendmentAmendment by Pub. L. 106–519 applicable to transactions after Sept. 30, 2000, with special rules relating to existing foreign sales corporations, see section 5 of Pub. L. 106–519, set out as a note under section 56 of this title. Effective Date of 1988 AmendmentAmendment by Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title. Effective Date of 1964 AmendmentAmendment by Pub. L. 88–272 applicable to taxable years beginning after Dec. 31, 1963, see section 207(c) of Pub. L. 88–272, set out as a note under section 164 of this title.