[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: 26CFR514.104]
[Page 94-95]
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. 514.104 Definitions.
(a) Any word or term used in this subpart which is defined in the
convention shall be given the definition assigned to such word or term
in such convention. Any word or term used in this subpart which is not
defined in the convention but is defined in the Internal Revenue Code
shall be given the definition contained therein.
(b) As used in this subpart:
(1) The term ``permanent establishment'' includes branches, mines
and oil wells, plantations, factories, workshops, stores, purchasing and
selling and other offices, agencies, warehouses and other fixed places
of business. A French parent corporation having a domestic or foreign
subsidiary corporation in the United States shall not be deemed by
reason of such fact to have a permanent establishment in the United
States. The mere fact that a foreign subsidiary corporation of a French
parent corporation has a permanent establishment in the United States
does not mean that such French parent corporation has a permanent
establishment in the United States. The fact that a French enterprise
carries on business dealings in the United States through a bona fide
commission agent or broker shall not be held to mean that such
enterprise has a permanent establishment in the United States. If,
however, a French enterprise carries on business in the United States
through an employee or agent established there who has general authority
to negotiate and conclude contracts or has a stock of merchandise from
which he regularly fills orders, such enterprise shall be deemed to have
a permanent establishment in the United States. Thus, if a French
enterprise has a full time employee or full time agent who for such
enterprise maintains in the United States a stock of merchandise from
which orders are filled, such enterprise has a permanent establishment
in the United States even though such employee or agent has no general
authority to negotiate and conclude contracts on behalf of such
enterprise. However, the mere fact that a commission agent or broker
through whom a French enterprise carries on business in the United
States maintains a small stock of goods in the United States from which
occasional orders are filled shall not be construed as meaning that such
enterprise has a permanent establishment in the United States. The mere
[[Page 95]]
fact that salesmen, employees of a French enterprise, promote the sale
of its products in the United States does not mean that such enterprise
has a permanent establishment therein. However, a French insurance
enterprise which insures risks within the United States or receives
premiums from sources within the United States is deemed to have a
permanent establishment within the United States.
(2) The term ``enterprise'' means any commercial or industrial
undertaking, whether conducted by an individual, partnership,
corporation, or other entity. It includes such activities as
manufacturing, merchandising, mining, banking, and insurance. It does
not include the operation of, or the trading in, real property located
in the United States. It does not include the rendition of personal
services. Hence, a nonresident alien individual who is a resident of
France, rendering personal services within the United States is not,
merely by reason of such services, engaged in an enterprise within the
meaning of the convention, and his liability to United States income tax
is unaffected by Article 3 of the Convention.
(3) The term ``French enterprise'' means an enterprise carried on in
France by a nonresident alien individual resident of France or by a
French corporation or other French entity. The term ``corporation or
other entity'' means a partnership, corporation, or other entity created
or organized in France or under the laws of France. For example, an
enterprise carried on wholly outside France by a French corporation is
not a French enterprise within the meaning of the convention. Whether a
French entity is a corporation, a partnership, or a trust is to be
determined in accordance with the principles of existing law relating to
the taxation of nonresident aliens and foreign corporations.
(4) The term ``industrial and commercial profits'' means the profits
arising from the industrial, mercantile, manufacturing, or like
activities of a French enterprise as defined in this section. Such term
does not include income from real property, interest, dividends, rentals
and royalties, gains from the sale or exchange of capital assets, or
compensation for labor or personal service. Such enumerated items of
income are not governed by the provisions of Article 3 but, to the
extent covered by the convention, are subject to the rules elsewhere set
forth therein and in this subpart.
(5) The term ``Secretary'' means the Secretary of the Treasury and
the term ``Minister'' means the Minister of Finance of France.