Internal Revenue Bulletin: 2009-5 |
February 2, 2009 |
Table of Contents
- Highlights of This Issue
- Preface
- Part I. Rulings and Decisions Under the Internal Revenue Code
of 1986
- Rev. Rul. 2009-3
- T.D. 9438
- AGENCY:
- ACTION:
- SUMMARY:
- DATES:
- FOR FURTHER INFORMATION CONTACT:
- SUPPLEMENTARY INFORMATION:
- Background
- Summary of Comments and Explanation of Provisions
- A. Substantial Contribution Test
- 1. General operation of substantial contribution test
- 2. Indicia of manufacturing
- a. Oversight and Direction of Manufacturing
- b. Material Selection, Vendor Selection, and Control of the Raw Materials, Work-in-process, and Finished Goods
- c. Management of Manufacturing Profits and Management of Risk of Loss
- d. Control of Logistics
- e. Direction of the Development, Protection, and Use of Trade Secrets, Technology, Product Design, and Design Specifications, and Other Intellectual Property Used in Manufacturing the Product
- 3. Anti-abuse rule and safe harbor
- 4. Definition of employee
- 5. Product grouping
- 6. Treatment of partnerships
- 7. Rebuttable presumption
- 8. Documentation
- 9. Automated manufacturing
- B. The “Its” Argument
- C. Same Country Manufacture Exception
- D. Branch Rule
- 1. Branch definition
- 2. Determination of hypothetical effective tax rate
- 3. Multiple manufacturing branch rules
- a. Determination of the Location of Manufacturing
- b. Location of Activities
- c. Clarifying Application of the Rule for Determining the Remainder of the CFC When Activities are Performed in Multiple Locations
- 4. Coordination of sales and manufacturing branch rules
- 5. Unrelated to unrelated transactions
- 6. Branch rule examples
- E. Conforming Amendments
- F. Effective Date
- Special Analyses
- Adoption of Amendments to the Regulations
- Drafting Information
- Rev. Rul. 2009-4
- T.D. 9440
- T.D. 9439
- Part III. Administrative, Procedural, and Miscellaneous
- Part IV. Items of General Interest
- Definition of Terms and Abbreviations
- Numerical Finding List
- Effect of Current Actions on Previously Published Items
- How to get the Internal Revenue Bulletin
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