Treatment of financial services income and companies
(i) In general
(i)In general#
Financial services income shall be treated as general category income in the case of—
(I) a member of a financial services group, and
(II) any other person if such person is predominantly engaged in the active conduct of a banking, insurance, financing, or similar business.
(i)(I)#
a member of a financial services group, and
(i)(II)#
any other person if such person is predominantly engaged in the active conduct of a banking, insurance, financing, or similar business.
(ii)Financial services group#
The term “financial services group” means any affiliated group (as defined in section 1504(a) without regard to paragraphs (2) and (3) of section 1504(b)) which is predominantly engaged in the active conduct of a banking, insurance, financing, or similar business. In determining whether such a group is so engaged, there shall be taken into account only the income of members of the group that are—
(I) United States corporations, or
(II) controlled foreign corporations in which such United States corporations own, directly or indirectly, at least 80 percent of the total voting power and value of the stock.
(ii)(I)#
United States corporations, or
(ii)(II)#
controlled foreign corporations in which such United States corporations own, directly or indirectly, at least 80 percent of the total voting power and value of the stock.
(iii)Pass-thru entities#
The Secretary shall by regulation specify for purposes of this subparagraph the treatment of financial services income received or accrued by partnerships and by other pass-thru entities which are not members of a financial services group.