Frequently Asked Questions
Who is eligible for the Exclusion of Blocked Foreign Income?
Taxpayer must establish to the satisfaction of the Secretary that foreign law restrictions or currency limitations prevent the distribution of CFC earnings.
How does the Exclusion of Blocked Foreign Income work?
Earnings and profits of a controlled foreign corporation (CFC) are excluded from Subpart F and Section 956 inclusions if currency or other legal restrictions in a foreign country prevent the distribution of such income to U.S. shareholders.
What law authorizes the Exclusion of Blocked Foreign Income?
The Exclusion of Blocked Foreign Income is authorized under IRC §964(b) of the Internal Revenue Code (Title 26, United States Code).
Statutory Text — IRC §964
Source: Internal Revenue Code, Title 26, United States Code
§ 964. Miscellaneous provisions(a) Earnings and profitsExcept as provided in section 312(k)(4), for purposes of this subpart, the earnings and profits of any foreign corporation, and the deficit in earnings and profits of any foreign corporation, for any taxable year shall be determined according to rules substantially similar to those applicable to domestic corporations, under regulations prescribed by the Secretary. In determining such earnings and profits, or the deficit in such earnings and profits, the amount of any illegal bribe, kickback, or other payment (within the meaning of section 162(c)) shall not be taken into account to decrease such earnings and profits or to increase such deficit. The payments referred to in the preceding sentence are payments which would be unlawful under the Foreign Corrupt Practices Act of 1977 if the payor were a United States person.
(b) Blocked foreign incomeUnder regulations prescribed by the Secretary, no part of the earnings and profits of a controlled foreign corporation for any taxable year shall be included in earnings and profits for purposes of sections 952 and 956, if it is established to the satisfaction of the Secretary that such part could not have been distributed by the controlled foreign corporation to United States shareholders who own (within the meaning of section 958(a)) stock of such controlled foreign corporation because of currency or other restrictions or limitations imposed under the laws of any foreign country.
(c) Records and accounts of United States shareholders(1) Records and accounts to be maintainedThe Secretary may by regulations require each person who is, or has been, a United States shareholder of a controlled foreign corporation to maintain such records and accounts as may be prescribed by such regulations as necessary to carry out the provisions of this subpart and subpart G.
(2) Two or more persons required to maintain or furnish the same records and accounts with respect to the same foreign corporationWhere, but for this paragraph, two or more United States persons would be required to maintain or furnish the same records and accounts as may by regulations be required under paragraph (1) with respect to the same controlled foreign corporation for the same period, the Secretary may by regulations provide that the maintenance or furnishing of such records and accounts by only one such person shall satisfy the requirements of paragraph (1) for such other persons.
(d) Treatment of certain branches(1) In generalFor purposes of this chapter, section 6038, section 6046, and such other provisions as may be specified in regulations—(A) a qualified insurance branch of a controlled foreign corporation shall be treated as a separate foreign corporation created under the laws of the foreign country with respect to which such branch qualifies under paragraph (2), and
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