[Code of Federal Regulations]
[Title 26, Volume 10]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.963-8]

[Page 481-482]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.963-8  Determination of minimum distribution during the surcharge 
period.

    (a) Taxable years not wholly within the surcharge period. In the 
case of a taxable year beginning before the surcharge period and ending 
within the surcharge period, or beginning within the surcharge period 
and ending after the surcharge period, or beginning before January 1, 
1970, and ending after December 31, 1969, section 963(b) provides the 
method for determining the required minimum distribution. Under the 
method prescribed in section 963(b) for such years, the required minimum 
distribution is an amount equal to the sums of:
    (1) That portion of the minimum distribution which would be required 
if the provisions of section 963(b)(1) were applicable to the taxable 
year, which the number of days in such taxable year which are within the 
surcharge period and before January 1, 1970, bears to the total number 
of days in such taxable year.

[[Page 482]]

    (2) That portion of the minimum distribution which would be required 
if the provisions of section 963(b)(2) were applicable to such taxable 
year, which the number of days in such taxable year which are within the 
surcharge period and after December 31, 1969, bears to the total number 
of days in such taxable year, and
    (3) That portion of the minimum distribution which would be required 
if the provisions of section 963(b)(3) were applicable to such taxable 
year, which the number of days in such taxable year which are not within 
the surcharge period bears to the total number of days in such taxable 
year.
    (b) Calendar year 1970. For calendar year 1970, the required minimum 
distribution shall be an amount determined in accordance with the 
following table:

------------------------------------------------------------------------
                                                           The required
                                                              minimum
                                                           distribution
   If the effective foreign tax rate is (percentage)--      of earnings
                                                          and profits is
                                                          (percentage)--
------------------------------------------------------------------------
Under 9.................................................       84.983562
9 or over but less than 10..............................       82.967123
10 or over but less than 18.............................       80.983562
18 or over but less than 19.............................       79.471233
19 or over but less than 26.............................       77.487671
26 or over but less than 27.............................       73.958904
27 or over but less than 32.............................       70.487671
32 or over but less than 33.............................       67.463014
33 or over but less than 36.............................       63.991781
36 or over but less than 37.............................       57.942466
37 or over but less than 39.............................       51.991781
39 or over but less than 40.............................       44.934247
40 or over but less than 41.............................       37.495890
41 or over but less than 42.............................       31.446575
42 or over but less than 43.............................       19.446575
43 or over but less than 44.............................       12.893151
44 or over but less than 45.............................        6.446575
45 or over..............................................               0
------------------------------------------------------------------------

    (c) Surcharge period. For purposes of this section the term 
``surcharge period'' means the period beginning January 1, 1968, and 
ending June 30, 1970.
    (d) Illustration of principles. The application of the rules set 
forth in paragraphs (a), (b), and (c) of this section may be illustrated 
by the following example. It is assumed that all computations are 
carried to sufficient accuracy:

    Example. (a) M, a domestic corporation, and A, its controlled 
corporation (the one class of stock of which is wholly owned by M), both 
have a taxable year beginning December 1, 1969, and ending November 30, 
1970. For such taxable year M makes a first-tier election with respect 
to A corporation. The effective foreign tax rate for such year is 30 
percent.
    (b) Under section 963(b) and paragraph (b) of this section the 
surcharge period ends June 30, 1970. Therefore, of the 365 days in the 
taxable year, 153 days are not within the surcharge period. Of the 
remaining 212 days, 31 are within the surcharge period and before 
January 1, 1970 and 181 days are within the surcharge period and after 
December 31, 1969. If section 963(b)(1) were applicable to the entire 
taxable year, the required minimum distribution of earnings and profits 
would be 75 percent. If section 963(b)(2) were applicable to the entire 
taxable year, the required minimum distribution would be 72 percent. If 
section 963(b)(3) were applicable to the entire taxable year, the 
required minimum distribution would be 69 percent.
    (c) Under section 963(b) and this section the required minimum 
distribution of earnings and profits is 71 percent, computed as follows:

(75%x31/365)+(72%x181/365) +(69%x153/365)=71%.

[T.D. 7100, 36 FR 5336, Mar. 20, 1971]