[Code of Federal Regulations]
[Title 26, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.279-6]

[Page 657-658]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.279-6  Application of section 279 to certain affiliated groups.

    (a) In general. Under section 279(g), in any case in which the 
issuing corporation is a member of an affiliated group, the application 
of section 279 shall be determined by treating all of the members of the 
affiliated group in the aggregate as the issuing corporation, except 
that the ratio of debt to equity of, projected earnings of, and the 
annual interest to be paid or incurred by any corporation (other than 
the issuing corporation determined without regard to this paragraph) 
shall be included in the determinations required under section 279(b)(4) 
as of any day only if such corporation is a member of the affiliated 
group on such day, and, in determining projected earnings of such 
corporation under section 279(c)(3), there shall be taken into account 
only the earnings and profits of such corporation for the period during 
which it was a member of the affiliated group. The total amount of an 
affiliated member's assets, indebtedness, projected earnings, and 
interest to be paid or incurred will enter into the computation required 
by this section, irrespective of any minority ownership in such member.
    (b) Aggregate money and other assets. In determining the aggregate 
money and all the other assets of the affiliated group, the money and 
all the other assets of each member of such group shall be separately 
computed and such separately computed amounts shall be added together, 
except that adjustments shall be made, as follows:
    (1) There shall be eliminated from the aggregate money and all the 
other assets of the affiliated group intercompany receivables as of the 
date described in section 279(c)(1);
    (2) There shall be eliminated from the total assets of the 
affiliated group any amount which represents stock ownership in any 
member of such group;
    (3) In any case where gain or loss is not recognized on transactions 
between members of an affiliated group under paragraph (d)(3) of this 
section, the basis of any asset involved in such transaction shall be 
the transferor's basis;
    (4) The basis of property in a transaction to which Sec. 1.1502-13 
applies is the basis of the property determined under that section; and
    (5) There shall be eliminated from the money and all the other 
assets of the affiliated group any other amount which, if included, 
would result in a duplication of amounts in the aggregate money and all 
the other assets of the affiliated group.
    (c) Aggregate indebtedness. For purposes of applying section 279(c), 
in determining the aggregate indebtedness of an affiliated group of 
corporations the total indebtedness of each member of such group shall 
be separately determined, and such separately determined

[[Page 658]]

amounts shall be added together, except that there shall be eliminated 
from such total indebtedness as of the date described in section 
279(c)(1):
    (1) The amount of intercompany accounts payable,
    (2) The amount of intercompany bonds or other evidences of 
indebtedness, and
    (3) The amount of any other indebtedness which, if included, would 
result in a duplication of amounts in the aggregate indebtedness of such 
affiliated group.
    (d) Aggregate projected earnings. In the case of an affiliated group 
of corporations (whether or not such group files a consolidated return 
under section 1501), the aggregate projected earnings of such group 
shall be computed by separately determining the projected earnings of 
each member of such group under paragraph (d) of Sec. 1.279-5, and then 
adding together such separately determined amounts, except that:
    (1) A dividend (a distribution which is described in section 
301(c)(1) other than a distribution described in section 243(c)(1)) 
distributed by one member to another member shall be eliminated, and
    (2) In determining the earnings and profits of any member of an 
affiliated group, there shall be eliminated any amount of interest 
income received or accrued, and of interest expense paid or incurred, 
which is attributable to intercompany indebtedness,
    (3) No gain or loss shall be recognized in any transaction between 
members of the affiliated group, and
    (4) Members of an affiliated group who file a consolidated return 
shall not apply the provisions of Sec. 1.1502-18 dealing with inventory 
adjustments in determining earnings and profits for purposes of this 
section.
    (e) Aggregate interest to be paid or incurred. For purposes of 
section 279(c)(4), in determining the aggregate annual interest to be 
paid or incurred by an affiliated group of corporations, the annual 
interest to be paid or incurred by each member of such affiliated group 
shall be separately calculated under paragraph (e) of Sec. 1.279-5, and 
such separately calculated amounts shall be added together, except that 
any amount of annual interest to be paid or incurred on any intercompany 
indebtedness shall be eliminated from such aggregate interest.

[T.D. 7262, 38 FR 5850, Mar. 5, 1973, as amended by T.D. 8560, 59 FR 
41675, Aug. 15, 1994; T.D. 8597, 60 FR 36679, July 18, 1995]