[Code of Federal Regulations]
[Title 26, Volume 18, Parts 500 to 599]
[Revised as of April 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR514.103]
[Page 93-94]
TITLE 26--INTERNAL REVENUE
CHAPTER 1--INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY
(Continued)
PART 514--FRANCE--Table of Contents
Subpart--General Income Tax
Sec. 514.103 Scope of the convention.
(a) The primary purposes of the convention are to avoid double
taxation upon certain classes of income, and to inaugurate fiscal
cooperation between the two States with respect to reciprocal disclosure
of information and to the collection of the taxes enumerated in Article
1 of the convention.
(b) The specific classes of income from sources within the United
States exempt under the convention from United States income taxes are:
(1) Industrial and commercial profits of a French enterprise having
no permanent establishment in the United States (Article 3);
(2) Income derived by a French enterprise from the operation of
ships documented under the laws of, or aircraft registered in, France
(Article 6);
(3) Royalties derived by a nonresident alien who is a resident of
France or by a French corporation or other French entity (having no
permanent establishment within the United States), for the right to use
copyrights, patents, secret processes and formulae, trademarks and other
analogous rights (Article 7);
(4) Compensation and pensions paid by France or by a political
subdivision of France to individuals (other than citizens of the United
States) for services rendered to France whether within or without the
United States (Article 8);
(5) Private pensions and life annuities derived from within the
United States and paid to nonresident alien individuals (whether or not
such individuals are citizens of France) residing in France during the
year in which such amounts are paid (Article 8);
(6) Earned income of a doctor, lawyer, engineer, or other member of
a liberal profession who is a nonresident alien individual and is a
resident of France and does not maintain within the United States an
office, establishment, installation, or other fixed center related to
the practice of his profession within the United States (Article 10);
(7) Gains from sources within the United States arising from the
sale or exchange of stocks, securities, or commodities by a resident of
France (other than a citizen of the United States) or a French
corporation or other French entity unless such resident, corporation, or
other entity has, at any time during the taxable year in which such sale
takes place, a permanent establishment within the United States (Article
11).
(c) Except as expressly provided by the convention, the tax
liability of nonresident aliens who are residents of France or of French
corporations or
[[Page 94]]
other French entities is determined in accordance with the provisions of
the laws and of the regulations thereunder applicable generally to
nonresident alien individuals and to foreign corporations.
(d) The convention shall not be construed to affect the liability to
United States income taxation of citizens of France who are resident in
the United States except to the extent that such individuals are
entitled to the benefits of Articles 8, 14A, and 19 and to paragraph V
of the protocol of the convention. The tax liability of a United States
citizen or a resident of the United States, a member of a French
partnership carrying on a French enterprise is not affected by Article 3
of the convention. Such citizen or resident is subject to United States
income tax upon his distributive share of the net income of such
partnership even though the other members of such partnership are not
subject to tax upon their share of the partnership's industrial and
commercial profits from sources within the United States where the
enterprise has no permanent establishment within the United States. The
convention shall not be construed to affect the liability to United
States income taxation of citizens of the United States or residents of
the United States who are not citizens of France.
(e) The convention has no reference to rates of taxation imposed by
the respective States but is concerned with the exempting of income
arising in one of the contracting States when such income is derived
from sources within such contracting State by a resident or corporation
or other entity of the other contracting State and meets the conditions
upon which such exemption depends as prescribed in the convention. This
subpart is not concerned with the provisions of Articles 14B, 15, 16,
and 17 of the convention since such articles affect only the allowance
against the taxes imposed by France of income and excess profits taxes
paid to the United States or the application of French revenue laws and
decrees.