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NY Form 4876-A: What You Should Know

See 26 U.S.C. § 1, §§ 1-521, 607(a)-(b); and 26 U.S.C. § 1, §§ 1-522(b)); (iii) The corporation is not engaged in a trade or business in the United States; that is primarily engaged in a trade or business in the United States; (iv) The corporation is not engaged in the direct and continuous conduct of a trade or business in the United States; or (v) The corporation has not filed any return (including a return based on an election for nonrecognition) with the Internal Revenue Service for any taxable year ending before the effective date of the election. (3) Tax year. For purposes of this paragraph (a), a tax year ends on the earliest of January 1 and December 31. (4) Election. (i) In general. A corporation that elects to be treated as an interest charge domestic international sales corporation and uses Form 4876-A to make the election will be treated as having filed a return to the first taxable year ending before the effective date of the election or, if such corporation is not a United States shareholder, as having been organized and done all of its business in a foreign country during the 10 taxable years ending before the effective date of the election. A shareholder of such a corporation will be treated as having been a United States shareholder for the taxable year if the corporation has shareholders' shares with respect to the shareholder. (ii) Form 4876-A. A corporation may use Form 4876-A to make the election described in paragraph (a) of this section. To make this election, the corporation must complete one of the applicable forms described below for each of the following: (A) Tax year.

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