TABLE C.-Consolidated income and profits tax returns-provisions for filing and tax rates under the Federal tax laws for the income years 1917 through 1948-Continued
(1) Domestic corporations Same as for 1929-31. whose principal business was that of a "common carrier by railroad" or (2) domestic corporations whose assets consisted principally of stock in such corporation and which did not operate business other than that of a "common carrier by railroad" and (3) foreign corporations organized to comply with laws of contiguous coun- tries. Excluded: (a) Cor- porations organized under the China Trade Act, 1922 and (b) corporations sub- ject to sec. 251 (relative to income from sources with- in possessions of the United States). Same as for 1934-35 except that the term "railroad" included street, suburban, or interurban electric rail- ways.
Same as for 1936-37 except that the term "railroad" included a street or subur- ban trackless trolley sys- tem of transportation, or a street or suburban bus system of transportation operated as part of a street or suburban electric rail- way or trackless trolley system.
Same as for 1938-39 except that the privilege was ex- tended to Pan-American trade corporations.
For common carriers same as 1938-39. For Pan-American trade corporations: A domestic corporation engaged in active conduct of trade or business in the United States and owning directly 100 percent of the capital stock of one or more domestic corporations each of which was engaged solely in the active conduct of trade or business in Central or South America (hereafter referred to as a Pan-American trade corporation). Such corporations (including the parent corporation) were deemed to be an affiliated group provided that (1) at least 80 percent of the gross income for the taxable year of the parent corporation was derived from sources other than royalties, rents, dividends, interest, annuities, and gain from the sale or exchange of stock or securities; and (2) at least 90 percent of the gross income for the taxable year of each of the PanAmerican trade corporations was derived from sources other than the sources listed under (1); and (3) no part of the gross income for the taxable year of any of the Pan-American trade corporations was derived from sources within the United States.
TABLE C.-Consolidated income and profits tax returns provisions for filing and tax rates under the Federal tax laws for the income years 1917 through 1948-Continued
Type of corporation per- mitted to file a consoli- dated return
Any corporation except: (1) Corporations exempt from the excess profits tax under Second Revenue Act of 1940. (2) Foreign corporations other than certain Ca- nadian and Mexican corporations.7 (3) Corporations organ- ized under the China Trade Act, 1922. (4) Corporations subject to section 251 (relative to income from sources within possessions of the United States). (5) Personal service cor- porations.
(6) Life and mutual in- surance companies, but they were consid- ered as includible cor- porations if two or more such domestic companies alone filed a consolidated return and each was subject to tax under the same section of chapter 1 of the Code.
Consolidated return required or optional
One or more chains of includible cor- porations connected through stock ownership with a common parent corporation which was an includible corporation, if (1) at least 95 percent of each class of the stock of each of the includible corporations (except the common parent corporation) was owned directly by one or more of the other includible corporations, and (2) the common parent corpo- ration owned directly at least 95 per- cent of each class of the stock (exclu- sive of nonvoting stock which is limited and preferred as to divi- dends) of at least one of the other includible corporations.
Optional for 1940. Option granted anew for 1941.
Same as for non- consolidated re- turns. (See table A, pp. 452- 459.)
1942 (Oct. 21, 1942). 1942-43 Income tax, and excess
profits tax under sec. 710 of Code.
1943 (Feb. 25, 1944).. 1944-45 Same as 1942-43.
For footnotes, see p. 476.
Any corporation 10 except:
(1) Corporations exempt
under Code sec. 101. (2) Life and mutual in- surance companies, but they were consid- ered as includible cor- porations if two or more such companies alone filed a consoli- dated return and each was subject to tax un-
der the same section of chapter 1 of the Code. (3) Foreign corporations other than certain Ca- nadian and Mexican corporations." (4) Corporations subject to section 251 (relative to income from sources within possessions of the United States). (5) Corporations organ- ized under the China Trade Act, 1922. (6) Regulated invest- ment companies (tax- able under supple- ment Q of Code). Any corporation 10 except: (1) through (6) same as 1942-43.
(7) Personal service cor- porations, personal holding companies, foreign trade corpora- tions as defined in Code section 727(g), and certain air mail carriers as defined in Code section 727(h); but such a corporation may be included in a consolidated return if it has filed a consent to be treated as an includible corporation.
One or more chains of includible cor- porations connected through stock ownership with a common parent corporation which is an includible corporation if (1) stock possessing at least 95 percent of the voting power of all classes of stock and at least 95 percent of each class of the non-voting stock of each of the in- cludible corporations (except the common parent corporation) is owned directly by one or more of the other includible corporations; and (2) the common parent corpo- ration owns directly stock pos- sessing at least 95 percent of the voting power of all classes of stock and at least 95 percent of each class of the non-voting stock of at least one of the other includible corpora- tions. The term "stock" does not include non-voting stock which is limited and preferred as to divi- dends.
TABLE C.-Consolidated income and profits tax returns-provisions for filing and tax rates under the Federal tax laws for the income years 1917 through 1948-Continued
1 There was no provision for the filing of consolidated returns for years prior to 1917. For description of "income year," see note 3, p. 460.
Public service corporations (railroads, gas, electric, water, etc.) when not grouped into one operating unit-particularly when situated in different jurisdictions and sub- ject to regulation by public service commissions-were not allowed to file a consolidated return without the Commissioner's special permission. When, however, such utilities were owned by an industrial corporation and operated as a plant facility or as an integral part of a group organization of affiliated corporations required to file a consolidated return, the return of the utilities was to be included in the consolidated return.
An affiliated corporation organized after August 1, 1914, and not a successor to a then existing business. 50 percent or more of whose gross income was derived from a Govern- ment contract or contracts made between April 6, 1917, and November 11, 1918, inclusive, could not be included in a consolidated return, and the corporation so segregated was assessed on the basis of its own invested capital and net income. A domestic corporation which owned a majority of the stock of a foreign corporation was not permitted to include the net income or invested capital of such foreign corporation in a consolidated return.
Corporations were not held to be affiliated when the stock of two or more corpora- tions was owned or controlled by two or more individuals or by two or more partnerships (or under the acts of 1921-26 by two or more corporations) unless the percentage of stock held by each individual or partnership (or corporation) was substantially the same in each of the affiliated corporations,
"In arriving at net income subject to tax, only one specific exemption is allowed for the entire affiliated group. For amount of exemption, see table A, pp. 452-459.
In the case of a domestic corporation owning or controlling, directly or indirectly, 100 percent of the capital stock (exclusive of directors' qualifying shares) of a corporation organized under the laws of Canada or of Mexico and maintained solely for the purpose of complying with the laws of such country as to title and operation of property, such foreign corporation, at the option of the domestic corporation, was treated for 1928 and subsequent years as a domestic corporation.
8 The rate of income tax for consolidated returns, 1932 and 1933, is 14% percent, except for returns with fiscal year ending in 1934, on which the tax attributable to 1934 is at the rate of 1434 percent. (See sec. 218(e), National Industrial Recovery Act.) The rate of income tax for consolidated returns with taxable year beginning on or after Jan. 1, 1934, is 1534 percent. (The National Industrial Recovery Act provided a rate of 151⁄2 percent, but this was superseded by the Revenue Act of 1934, which provided 1534 percent.)
The term "common carrier by railroad" included steam and electric railroads, but did not include street, suburban, and interurban electric railways or express, refrigerator, or sleeping car companies.
10 The privilege of filing consolidated returns is not extended for the purpose of surtax on personal holding companies except in case of affiliated groups of railroad corporations which would have been entitled to file consolidated returns under prior law,
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