§ 909. Suspension of taxes and credits until related income taken into account
(a)
In general
If there is a foreign tax credit splitting event with respect to a foreign income tax paid or accrued by the taxpayer, such tax shall not be taken into account for purposes of this title before the taxable year in which the related income is taken into account under this chapter by the taxpayer.
(b)
Special rules with respect to section
902 corporations
If there is a foreign tax credit splitting event with respect to a foreign income tax paid or accrued by a section
902 corporation, such tax shall not be taken into account—
(c)
Special rules
For purposes of this section—
(1)
Application to partnerships, etc.
In the case of a partnership, subsections (a) and (b) shall be applied at the partner level. Except as otherwise provided by the Secretary, a rule similar to the rule of the preceding sentence shall apply in the case of any S corporation or trust.
(2)
Treatment of foreign taxes after suspension
In the case of any foreign income tax not taken into account by reason of subsection (a) or (b), except as otherwise provided by the Secretary, such tax shall be so taken into account in the taxable year referred to in such subsection (other than for purposes of section
986
(a)) as a foreign income tax paid or accrued in such taxable year.
(d)
Definitions
For purposes of this section—
(1)
Foreign tax credit splitting event
There is a foreign tax credit splitting event with respect to a foreign income tax if the related income is (or will be) taken into account under this chapter by a covered person.
(2)
Foreign income tax
The term “foreign income tax” means any income, war profits, or excess profits tax paid or accrued to any foreign country or to any possession of the United States.
(3)
Related income
The term “related income” means, with respect to any portion of any foreign income tax, the income (or, as appropriate, earnings and profits) to which such portion of foreign income tax relates.
(4)
Covered person
The term “covered person” means, with respect to any person who pays or accrues a foreign income tax (hereafter in this paragraph referred to as the “payor”)—
(A)
any entity in which the payor holds, directly or indirectly, at least a 10 percent ownership interest (determined by vote or value),
(e)
Regulations
The Secretary may issue such regulations or other guidance as is necessary or appropriate to carry out the purposes of this section, including regulations or other guidance which provides—