Tax Notes logo

Sec. 1.367(a)-6 Transfer of foreign branch with previously deducted losses.

(a) through (b)(1) [Reserved].

For further guidance, see §1.367(a)-6T(a) through (b)(1).

(b)(2) No active conduct exception.

The rules of this paragraph (b) apply regardless of whether any of the assets of the foreign branch satisfy the active trade or business exception of §1.367(a)-2(a)(2).


(1) [Reserved].

For further guidance, see §1.367(a)-6T(c)(1).

(2) Gain limitation.

The gain required to be recognized under paragraph (b)(1) of this section will not exceed the aggregate amount of gain realized on the transfer of all branch assets (without regard to the transfer of any assets on which loss is realized but not recognized).

(3) [Reserved].

(4) Transfers of certain intangible property.

Gain realized on the transfer of intangible property (computed with reference to the fair market value of the intangible property as of the date of the transfer) that is an asset of a foreign branch is taken into account in computing the limitation on loss recapture under paragraph (c)(2) of this section. For rules relating to the crediting of gain recognized under this section against income deemed to arise by operation of section 367(d), see §1.367(d)-1(g)(3).

(d) through (i) [Reserved].

For further guidance, see §1.367(a)-6T(d) through (i).

(j) Effective/applicability dates.

The rules of this section apply to transfers occurring on or after September 14, 2015, and to transfers occurring before September 14, 2015, resulting from entity classification elections made under §301.7701-3 that are filed on or after September 14, 2015. For transfers occurring before this section is applicable, see §1.367(a)-6T as contained in 26 CFR part 1 revised as of April 1, 2016.

[Added by T.D. 9760, 81 FR 15159-15170, Mar. 22, 2016. Revised by T.D. 9803, 81 FR 91012-91032, Dec. 16, 2016.]

Copy RID