Académique Documents
Professionnel Documents
Culture Documents
by John Comisky
F
or 1998, the 7,500 largest foreign corporations combined voting stock [5]. However, for SOI
controlled by large U.S. multinational corpora- purposes, a foreign corporation is controlled only if
tions held $3.2 trillion in assets and reported one U.S. corporation satisfies either of the above 50-
receipts of $1.7 trillion. These amounts increased percent ownership requirements for an uninterrupted
from 1996 by 15.5 percent and 4.3 percent, respec- period of at least 30 days. For Tax Year 1998, there
tively [1]. The 7,500 largest foreign corporations were 996 U.S. corporations that controlled the 7,500
reported $143.8 billion in earnings and profits (less largest CFC’s.
deficit) before income taxes, a 2.0-percent increase In general, the foreign source income of a foreign
from Tax Year 1996. corporation is not taxable to its U.S. shareholders
More than 78 percent of the 7,500 largest con- until repatriated in the form of a dividend. Recogniz-
trolled foreign corporations (CFC’s) were concen- ing that income could be accumulated in a CFC, thus
trated in three major industrial divisions: goods pro- deferring U.S. tax on this income indefinitely, Con-
duction, services, and finance, insurance, real estate gress enacted the Subpart F provisions of the Internal
and rental and leasing [2]. These three industrial Revenue Code in 1962. These provisions require
divisions accounted for 85.8 percent of assets certain items of income to be treated as deemed paid
($2,763.7 billion), 73.7 percent of total receipts to the U.S. shareholders (as if repatriated) and there-
($1,289.4 billion), and 80.1 percent of current earn- fore subject to U.S. taxation. Currently, a U.S.
ings and profits (less deficit) before income taxes shareholder of a CFC may be required to include in
($116.2 billion). gross income the shareholder’s ratable share of the
For 1998, the 7,500 largest CFC’s were incorpo- CFC’s: (1) Subpart F income (see Subpart F In-
rated in 117 different countries [3]. Almost 55 per- come in the Explanation of Selected Terms); (2)
cent, or 4,116 CFC’s, were located in Europe. More earnings invested in U.S. property; (3) previously
than 92 percent of these European CFC’s were excluded Subpart F income withdrawn from “quali-
based in European Union countries [4]. Latin fied investments” in less developed countries and in
America and Asia accounted for 15.0 percent and “foreign base company” shipping operations; (4)
10.8 percent of the 7,500 largest CFC’s, respectively. previously excluded export trade income withdrawn
from investment in export trade assets; (5) increase
ControlledForeignCorporations in earnings in excess passive assets [6]; and (6)
Direct foreign investment by U.S. persons may take factoring income (income derived from the acquisi-
several forms, including establishing foreign branches tion of a trade or service receivable).
of a U.S. corporation, partnerships with foreign
entities, and separate corporations. For U.S. income CFC’sbyIndustrialSectorUnderNAICS
tax purposes, a foreign corporation is “controlled” if For 1998, the North American Industry Classification
U.S. shareholders own more than 50 percent of its System (NAICS) was implemented as a means of
outstanding voting stock, or more than 50 percent of measuring all economic activities more accurately,
the value of all its outstanding stock (directly, indi- producing and nonproducing. NAICS was designed
rectly, or constructively) on any day during the to group common businesses together according to
foreign corporation’s tax year. A “noncontrolled” their primary economic activity [7]. The development
foreign corporation is any foreign corporation which of NAICS came about in response to the North
fails to meet either of the above requirements for American Free Trade Agreement (NAFTA) between
control. For purposes of determining control, a U.S. Canada, Mexico, and the United States and the
shareholder is defined as a U.S. person who owns 10 desire for compatible industry statistics among the
percent or more of the foreign corporation’s total three countries [8]. With its implementation, NAICS
replaced the existing Standard Industrial Classification
(SIC) system, which was developed in the 1930’s by
the United States. As the course of the twentieth
John Comisky is an economist with the Special Studies century progressed, the American economy shifted
Returns Analysis Section. This article was prepared from a goods-producing economy to a more services-
under the direction of Chris Carson, Chief. oriented one. NAICS was developed as a result of
47
Controlled Foreign Corporations, 1998
r Raw materials and energy production, which r Nature of business not allocable.
includes agriculture, forestry, fishing, and
hunting, mining, and utilities; The most significant industry classification change
for purposes of aggregating CFC data is the grouping
r Goods production, which includes construc- of offices of management (holding companies). The
tion and manufacturing; SIC system included these companies in finance, insur-
ance, and real estate. The NAICS system classifies
r Distribution and transportation of goods, these companies under professional and business ser-
which include wholesale trade, retail trade, vices. Figure A highlights other significant industry
and transportation and warehousing; classification changes affecting the CFC data for 1998.
Figure A
48 Selected Industrial Classification Differences between Standard Industrial Classification (SIC) System
and the North American Industry Classification System (NAICS), Tax Year 1998
Mining Separate major division known as Mining Raw materials and energy production
Offices of management (holding Finance, insurance, and real estate Professional and business services
companies)
Transportation and warehousing Separate major division known as Distribution and transportation of goods
Transportation and public utilities
Utilities Formerly Energy, gas, and sanitary services Raw materials and energy production
industry under Transportation and public
utilities
48
Controlled Foreign Corporations, 1998
For 1998, CFC’s engaged in finance, insurance, end-of-year assets (26.6-precent decrease), total
real estate, and rental and leasing accounted for 40.2 receipts (29.4-percent decrease), and earnings and
percent of end-of-year assets, 10.6 percent of total profits (less deficit) before income taxes (52.2-
receipts, and 14.5 percent of current earnings and precent decrease). Another significant NAICS
profits (less deficit) before income taxes reported by industry change occurred in the newly created infor-
the largest CFC’s (Figure B and Table 1). Nearly 62 mation sector. This sector consists of the printing
percent of the total receipts and 50.9 percent of industries (under manufacturing for SIC), broadcast-
earnings and profits (less deficit) before income taxes ing and telecommunications (formerly communica-
for this industrial grouping were accounted for by two tions under transportation and public utilities for SIC),
subsectors: security, commodity contracts, and other motion picture and sound recording industries, and
financial investments and related products; and insur- information services and data processing services
ance carriers and related activities. Goods producers (both primarily under services for SIC).
accounted for 26.0 percent of end-of-year assets, The overall industrial composition of the 7,500
52.8 percent of total receipts, and 45.0 percent of largest CFC’s shifted during the period of 1992 to
earnings and profits (less deficit) before income 1998, moving away from manufacturing, wholesale
taxes. Chemical, computer, and electronic products, and retail trade, and construction. Figure C (based
and motor vehicles and parts manufactures collec- on SIC for time series purposes) displays the 7,500
tively reported 54.9 percent of end-of-year assets, largest CFC’s by industrial division [9]. The number
55.9 percent of total receipts, and 61.0 percent of of foreign corporations increased steadily in the
current earnings and profits (less deficit) before following industries during this period: transportation
income taxes for all goods producers. In contrast, and public utilities (60.1-percent increase); mining
CFC’s engaged in services reported 19.6 percent of (52.9-percent increase); finance, insurance, and real
end-of-year assets, 10.3 percent of total receipts, and estate (23.1-percent increase); and agriculture, for-
21.3 percent of current earning and profits (less estry, and fishing (7.7-percent increase). Decreases
deficit) before income taxes. Over 89 percent of in the number of foreign corporations occurred in the
end-of-year assets, total receipts, and current earn- following industries: construction (28.8-decrease),
ings and profits (less deficit) before income taxes in services (21.6-decrease) wholesale and retail trade
services were reported by CFC’s engaged in profes- (20.1-decrease), and manufacturing (14.5-decrease).
sional and business services. This group included
offices of management (holding companies). GeographicDistribution
Table 4 presents the number of CFC’s, end-of- For 1998, Europe accounted for 62.7 percent and
year assets, total receipts, and earnings and profits 58.5 percent of assets and total receipts for the 7,500
(less deficit) before income taxes for both NAICS largest CFC’s, consistent with 1996 levels (Figures D
and SIC industry classifications using NAICS indus- and E, Tables 2 and 3). Current earnings and profits
try groupings. The implementation of the NAICS (less deficit) before income taxes rose more signifi-
system had little effect on the industry classification cantly from 54.2 percent to 63.5 percent. Foreign
of most of the 7,500 largest CFC’s. The biggest entities incorporated in other Western Hemisphere
change under NAICS for the 7,500 largest CFC’s countries, including Canada, accounted for 12.5
was the grouping of offices of management (holding percent ($402.2 billion) of end-of-year assets, 14.0
companies) under services. These CFC’s were percent ($244.9 billion) of total receipts, and 11.9
grouped with the major division of finance, insurance, percent ($17.1 billion) of earnings and profits (less
and real estate under SIC. A majority of the in- deficit) before income taxes. The smallest distribu-
creases in end-of-year assets (319.8-percent in- tion of the 7,500 largest CFC’s occurred in Africa
crease), total receipts (114.2-percent increase), and and U.S. Possessions (including Puerto Rico). These
earnings and profits (less deficit) before income taxes two geographic regions collectively accounted for
(292.5-percent increase) for services are attributable slightly more than 1.0 percent of end-of-year assets,
to the addition of these holding companies. As a total receipts, and earnings and profits (less deficit)
result of this change, finance, insurance, real estate, before income taxes.
and rental and leasing experienced large decreases in CFC’s based in the following countries reported
49
Controlled Foreign Corporations, 1998
Figure B
U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, End-of-Year Assets, Receipts, Earnings and Profits, by North
American Industry Classification System (NAICS) Industry Groupings, Tax Year 1998
Goods
Finance,
insurance, production
$3,211 Billion Goods
7,500 33.0%
real estate,
production
and rental
26.0%
and leasing
21.5% Finance,
insurance,
real estate,
Information and rental Distribution
2.9% and leasing and
Distribution and 40.2% Information transporta-
transportation of goods 2.2% tion of
13.3% goods
50
6.4%
Figure C
U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number of Foreign Corporations, by Standard Industrial Classification (SIC)
Division of Controlled Foreign Corporation, Selected Tax Years 1992-1998
Number of foreign corporations
Percentage change
Industrial division of Controlled Foreign Corporation
1992 to 1998
1992 1994 1996 1998
the largest amounts of total receipts: United King- 42.2 percent from 1996 to $20.5 billion for 1998.
dom ($301.4 billion), Canada ($209.5 billion), Ger- Nearly a quarter of Netherlands-based CFC’s were
many ($172.7 billion), Netherlands ($168.2 billion), engaged in the goods production division, reporting
France ($100.9 billion), Japan ($100.3 billion), and $85.8 billion in total receipts. Netherlands-based
Brazil ($63.2 billion). These seven countries ac- CFC’s also engaged in the services and distribution
counted for 63.8 percent of the total receipts of the and transportation of goods industries, with total
7,500 largest CFC’s. These countries reported a 3.9- receipts of $26.5 and $26.4 billion, respectively.
percent increase in total receipts ($1,116.2 billion) for
1998 compared to 1996 ($1,074.6 billion). CFC’s in Profitability
these countries engaged primarily in goods production For the purpose of this article, two measures are used
and distribution and transportation of goods. to assess pre-tax profitability for the 7,500 largest
For 1998, United Kingdom-based CFC’s reported CFC’s: rate of return on assets and profit margin.
$129.1 billion in total receipts for goods production Rate of return on assets was defined as current
activities, a decrease of 7.0 percent from 1996 earnings and profits (less deficit) before income taxes
($138.8 billion). CFC’s engaged in manufacturing divided by end-of-year assets. Profit margin was
and construction still accounted for 42.8 percent of defined as current earnings and profits (less deficit)
total receipts generated by United Kingdom-based before income taxes divided by total receipts.
CFC’s for 1998, while CFC’s engaged in finance, From 1992 to 1996, the 7,500 largest CFC’s saw
insurance, real estate, and rental and leasing ac- overall profitability increase in both measures yet
counted for 19.7 percent ($59.4 billion) of total re- decrease between 1996 and 1998. Between 1992
ceipts. The information sector accounted for 1.9 and 1996, the rate of return on assets increased on
percent ($5.7 billion) of total receipts, the smallest the aggregate level from 4.4 percent to 5.1 percent.
distribution for United Kingdom-based CFC’s. However, the rate of return on assets decreased to
The number of Netherlands-based CFC’s, in the 4.5 percent for 1998. Profit margins followed a similar
pool of 7,500 largest foreign corporations, increased pattern during the period 1992 to 1996, but were more
by 13.2 percent from 1996 to 1998. Total receipts stable from 1996 to 1998. Profit margins increased
for these CFC’s increased 43.7 percent from 1996 to from 5.7 percent to 8.4 percent between 1992 and
$168.2 billion for 1998. In addition, earnings and 1996, but decreased slightly to 8.2 percent for 1998.
profits (less deficit) before income taxes increased On the industry level, the rate of return on assets
51
Controlled Foreign Corporations, 1998
Figure D
U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, End-of-Year Assets, Receipts, and Earnings and Profits, by Major
Geographic Region, Tax Year 1998
Number of Foreign End-of-Year Assets
Corporations Other
Western
Europe Hemisphere
54.9% (including
Other Western
Canada)
Hemisphere
12.5%
(including
Europe
Canada) 62.7%
12.9%
7,500 Latin $3,211 Billion
America
11.0%
Puerto Rico
Latin America and U.S.
15.0% Possessions
0.5%
Africa Oceania Asia
Puerto Rico and 3.8% 9.0% Africa
Asia 1.1%
U.S. Possessions 0.6%
Oceania 10.8%
0.6%
4.8%
52
Total Receipts Earnings and Profits ¹
Other Other
Western Western
Hemisphere Hemisphere
(including Europe (including
58.5% Canada)
Canada)
11.9% Europe
14.0%
63.5%
$1,750 Billion Latin $144 Billion
America
Latin 11.3%
America Puerto Rico
10.8% and U.S.
Puerto Rico Possessions
and U.S. 0.5%
Possessions
Oceania Asia
0.4% Oceania Asia Africa Africa
2.9% 2.3% 9.8%
12.7% 0.6% 0.7%
52
Controlled Foreign Corporations, 1998
Figure E
leasing CFC’s experienced the lowest rate of return
U.S. Corporations with Total Assets of $500 Million
on assets of 1.6 percent, while CFC’s engaged in the
or More and Their 7,500 Largest Controlled Foreign distribution and transportation of goods reported the
Corporations: Number and Receipts by Selected
lowest profit margin of 3.7 percent.
Country of Incorporation, Tax Years 1996 and 1998
[Money amounts are in millions of dollars] DistributionofEarningsandProfits
Number of foreign
For 1998, the 7,500 largest CFC’s distributed $74.2
Total receipts
Selected country corporations billion to U.S. parent corporations and shareholders.
1996 1998 1996 1998
Nearly 67 percent of distributions out of earnings
(1) (2) (3) (4) and profits were from not previously taxed earnings
All countries.............................................................................................................
7,500 7,500 1,676,659 1,749,517 and profits ($49.6 billion), while the remainder was
United Kingdom.........................................................................................................
1,200 1,255 310,606 301,366 distributed from previously taxed earnings and profits
Canada.........................................................................................................
685 682 195,744 209,536 ($24.6 billion).
Netherlands.........................................................................................................
462 523 117,047 168,177
Goods production and services accounted for
Germany.........................................................................................................
535 516 184,869 172,700
France.........................................................................................................
521 479 108,632 100,922
64.0 percent ($47.5 billion) of total distributions out
Australia.........................................................................................................
332 294 47,187 44,912 of earnings and profits. Goods producers distributed
Brazil.........................................................................................................
241 260 54,114 63,246 71.0 percent ($20.1 billion) from not previously tax
Mexico.........................................................................................................
201 244 41,564 51,502 earnings and profits and 29.0 percent ($8.2 billion)
Italy.........................................................................................................
295 242 61,410 58,879
Japan.........................................................................................................
266 236 103,660 100,278
from previously taxed earnings and profits. With the
Cayman Islands.........................................................................................................
128 216 15,505 25,315 inclusion of holding companies under NAICS, the
Spain.........................................................................................................
203 177 38,921 38,256 services industry distributed $19.2 billion of its earn-
Belgium.........................................................................................................
206 171 33,721 29,869 ings and profits, a dramatic increase from the $2.7
Bermuda.........................................................................................................
163 164 16,949 18,554
billion distributed in 1996. More than 97 percent
Ireland.........................................................................................................
135 157 19,338 30,729
Switzerland.........................................................................................................
157 147 39,974 49,535
($18.7 billion) of these distributions were attributed to
Argentina.........................................................................................................
122 133 16,199 19,911 CFC’s engaged in professional and business ser-
Hong Kong.........................................................................................................
155 127 34,920 28,162 vices. CFC’s engaged in the information sector
Singapore.........................................................................................................
114 111 39,656 43,336 accounted for 1.6 percent of the total distributions
out of earnings and profits, the smallest industry
and profit margin varied relative to the aggregate aggregate amount.
totals. Most industries’ rate of return on assets European-based CFC’s accounted for 62.5
decreased from 1996 to 1998, while profit margins percent ($46.3 billion) of all distributions out of earn-
were mixed. The most profitable activities occurred ings and profits. Nearly 70 percent of these distribu-
in the services and information industries. For 1998, tions were from not previously taxed earnings and
the profit margin for CFC’s based in the services sector profits ($32.3 billion), with the remainder distributed
was 17.0 percent, up from 9.6 percent for 1996. The from previously taxed earnings and profits ($14.1
large increase in the services industry’s profit margins billion). CFC’s engaged in other Western Hemi-
was directly attributable to the inclusion of CFC’s sphere countries (including Canada) and Latin
engaged in the management of companies (holding America accounted for 13.1 percent ($9.7 billion) and
companies) sector. For 1998, CFC’s engaged in the 11.4 percent ($8.4 billion) of total distributions, re-
management of companies reported a profit margin spectively. In contrast, Africa and U.S. Posses-
of 28.4 percent [10]. These CFC’s were classified sions (including Puerto Rico) distributed the least
under finance, insurance, and real estate under the amount of earnings and profits, with 0.5 percent and
SIC system. As a result of this classification change, 0.1 percent, respectively.
profit margins in finance, insurance, real estate, and
rental and leasing dropped from 18.7 percent in 1996 DataSourcesandLimitations
to 11.2 percent in 1998. CFC’s engaged in the infor- The statistics presented in this article are based on
mation sector had a rate of return on assets and a information collected from corporation tax returns
profit margin of 6.3 percent and 14.0 percent, respec- with accounting periods ending July 1998 through
tively. Finance, insurance, real estate, and rental and June 1999 and their attached Form(s) 5471, Informa-
53
Controlled Foreign Corporations, 1998
tion Return of U.S. Persons With Respect to Certain reporting $500 million or more in assets. For 1998,
Foreign Corporations. A U.S. corporation is required 54.6 percent of the 7,500 largest CFC’s were prima-
by Internal Revenue Service regulations to submit a rily engaged in goods production and professional and
Form 5471 for any Controlled Foreign Corporation business services, while accounting for 68.2 percent
(CFC) with an accounting period ending with or of the 45,876 total for active CFC’s of U.S. corpora-
within the U.S. parent’s accounting period. Thus, the tions with $500 million or more in total assets [13].
CFC’s accounting period may have ended as early as However, the distribution and transportation of goods
July 1997 or as late as June 1999. However, most and finance, insurance, real estate, and rental and
CFC activity occurred in Calendar Year 1998. leasing groupings have increased among the largest
These statistics report data for the largest (in CFC’s. The distribution and transportation of goods
terms of total assets) active 7,500 foreign corpora- and finance, insurance, real estate, and rental and
tions controlled by U.S. corporations with total assets leasing groupings accounted for 13.3 percent and
of $500 million or more. (See definitions of “Active 21.5 percent, respectively, for the largest 7,500 larg-
versus inactive Controlled Foreign Corporations” in est CFC’s. These same two groupings only account-
the Explanation of Selected Terms.) The 7,500 ing for 8.9 percent and 8.2 percent, respectively, for
largest CFC’s accounted for 90.8 percent of total all active CFC’s controlled by parents with $500
end-of-year assets, 81.6 percent of total receipts, and million or more in total assets [14].
89.1 percent of current earnings and profits before Finally, statistics previously published by Statis-
taxes reported by all active CFC’s of these U.S. tics of Income for tax years before 1986 were for all
corporations with assets of $500 million or more [11]. CFC’s controlled by U.S. parent corporations, not
The amount of total assets for these 7,500 largest just the largest CFC’s. Therefore, the statistics for
CFC’s ranged from approximately $57 million to $127 these years include smaller and inactive CFC’s. For
billion [12]. this reason, comparisons between statistics on the
Since the 996 parent corporations with assets of largest CFC’s and statistics for years before 1986
$500 million or more were selected at a 100-percent should be made with caution.
54 rate for the Statistics of Income sample of all corpo- In addition, caution should be used when compar-
ration income tax returns, the data are not subject to ing data by industrial groupings. For 1998, CFC’s
sampling variability, although they may be subject to were classified under the NAICS system, which
nonsampling error. Thus, it is difficult to determine differs somewhat from the SIC system used in prior
the exact population of CFC’s controlled by these years. While most industries were not affected by the
U.S. corporations. implementation of NAICS, the grouping of some
Several limitations apply when making compari- economic activity was changed, specifically in the
sons to prior-year statistics for the 7,500 largest finance, insurance, real estate, and rental leasing, and
CFC’s. First, the composition of the 7,500 largest services divisions where offices of management
CFC’s is not completely consistent across years. For (holding companies) shifted from finance, insurance,
example, only 66.1 percent of the largest 7,500 and real estate under SIC to services under NAICS.
CFC’s for 1998 were also included in the 7,500 Furthermore, CFC’s were classified by industry
largest CFC’s for 1996. Many of the 7,500 largest based on their principal business activity as reported
CFC’s for 1996 that were not included among the on Form 5471. However, assets, receipts, and profits
7,500 for 1998 were still controlled by large U.S. may have also been related to secondary business
corporations, but the size of their total assets for 1998 activities. It is not possible to measure the extent of
excluded them from this group. In addition, some of these secondary business activities, because these
the 7,500 largest CFC’s for 1996 were not included activities were not detailed on Form 5471.
for 1998 because they were no longer “controlled,”
or because the size of the U.S. parent’s total assets ExplanationofSelectedTerms
had fallen under $500 million. Active versus inactive Controlled Foreign Corpo-
Second, the industrial mix of the 7,500 largest rations.--In general, a CFC was considered “active”
CFC’s is not always representative of the industrial if earnings and profits, income taxes, receipts,
mix of all CFC’s controlled by U.S. corporations expenses, or certain transactions between the CFC
54
Controlled Foreign Corporations, 1998
and its majority shareholder were reported on Form on capital. The concept is similar to the notion of
5471, Information Return of U.S. Persons With retained earnings. The term “earnings and profits” is
Respect to Certain Foreign Corporations. The not specifically defined in the Internal Revenue Code.
filing of Form 5471 was required even if a CFC was In those instances where current earnings and profits
dormant or inactive for 1998. The 7,500 largest were not reported for the foreign corporation, net
CFC’s used for this study were all active. income per books was used in the place of missing
Controlled Foreign Corporation.--The Internal earnings and profits.
Revenue Code section 957 defines a foreign corpora- Distribution from earnings and profits.--A
tion as “controlled” if more than 50 percent of the distribution comes first from current earnings and
value of its outright voting stock, or the value of all its profits and then from accumulated earnings and profits.
outstanding stock, is owned (directly, indirectly, or Income taxes.--Income, war profits, and excess
constructively) by U.S. shareholders on any day profits taxes paid or accrued to the United States and
during the foreign corporation’s tax year. A U.S. to any foreign country or U.S. possession, following
shareholder for these purposes is defined as a “U.S. U.S. generally-accepted accounting principals
person” owning 10 percent or more of the foreign (GAAP) for the annual accounting period were
corporation’s voting stock. A U.S person could be a reported as income tax by the CFC.
U.S. citizen or resident, a domestic partnership, a OPEC countries.--The members of the Organi-
domestic corporation, or an estate or trust (other than zation of Petroleum Exporting Countries (OPEC) for
a foreign estate or trust whose income from sources 1998 were: Algeria, Indonesia, Iran, Iraq, Kuwait,
outside the United States is not includable in the Libya, Nigeria, Qatar, Saudi Arabia, United Arab
beneficiaries’ gross income). For purposes of these Emirates, and Venezuela.
statistics, a foreign corporation was “controlled” only Previously taxed earnings and profits.--This
if a single U.S. corporation satisfied the ownership includes any earnings and profits amounts that were
requirements for an uninterrupted period of at least taxed in a prior year but not distributed. Previously
30 days. A CFC could be owned indirectly through a taxed earnings and profits include amounts related to
partnership if the U.S. corporation was a controlling Subpart F income (see definition below), earnings
partner. To the extent possible, these CFC’s were related to investments in certain U.S. property, previ-
also included in the statistics. ously excluded subpart F income withdrawn from
Country of incorporation.--The country of qualified investments, previously excluded export
incorporation of a CFC was not necessarily the trade income withdrawn from investment in export
principal place of business. For 1998, there were 268 trade assets, factoring income, and earnings invested
(4.6 percent) of the 7,500 largest CFC’s whose in excess passive assets.
principal places of business were in countries other Profit margin.--For purposes of this article, a
than their respective countries of incorporation. CFC’s profit margin is the ratio of current earnings
Tables 2 and 3 provide data by country of incorpora- and profits (less deficit) before income taxes to total
tion; data by principal place of business are not in- receipts.
cluded in these statistics. Return on assets.--For purposes of this article, a
Current earnings and profits.--“Current earn- CFC’s return on assets is the ratio of current earn-
ings and profits” represent the difference between ings and profits (less deficit) before income taxes to
total earnings and profits of the foreign corporation at end-of-year assets.
the end of the current year (before reduction by Subpart F income.--Internal Revenue Code
dividends paid during the year) and the accumulated sections 951 and 952 stipulate specific cases in which
earnings and profits of the corporation at the begin- earnings and profits are deemed to have been paid by
ning of the year. Although current earnings and a CFC to the U.S. shareholder. These “deemed”
profits typically are an after-tax measure of profits, distributions are taxable, even though the income may
they are shown in the article both before and after not have been repatriated to the United States in the
taxes. Earnings and profits are a tax concept refer- form of an actual dividend. Internal Revenue Code
ring to the economic capacity of a corporation to section 951 provided that U.S. shareholders include in
make a distribution to shareholders that is not a return their gross income certain undistributed profits of 55
Controlled Foreign Corporations, 1998
foreign corporations controlled by U.S. shareholders. ings. See the section CFC’s by Industrial
Subpart F income from a CFC includes certain insur- Sector Under NAICS for further explanation.
ance income of U.S. risks, “foreign base company”
income, international boycott participation income, [3] Based on unpublished data.
bribes and other illegal payments to foreign govern- [4] For Tax Year 1998, Austria, Finland, and
ment officials, and income from any country which Sweden are included with the European Union
the United States does not recognize or with which it in Table 2. For 1996, these countries were
has severed relations, or which repeatedly provided included in “Other West European countries.”
support for acts of international terrorism.
Total assets.--Two types of total assets are [5] The current definition of a Controlled Foreign
shown in Tables 1 through 3: beginning-of-year and Corporation is given in Internal Revenue Code
end-of-year. However, not all of the 7,500 largest section 957. Ownership attribution rules are
CFC’s reported beginning and end-of-year total discussed in section 958.
assets; 164 CFC’s reported beginning-of-year assets [6] During Tax Year 1999, increase in earnings in
only, and 516 CFC’s reported end-of-year assets only.
excess passive assets was repealed.
Total receipts.--Total receipts equal business
receipts (gross receipts from sales and operations), [7] North American Industry Classification
plus income from investment. In the statistics re- System United States, 1997, Executive Office
ported prior to 1990, business receipts were used to of the President, Office of Management and
describe the larger of gross receipts from sales and Budget, 1998.
operations and “total income.” The latter is a tax
return concept used to describe the sum of business [8] See footnote 7.
receipts less cost of sales and operations (gross [9] Data reported in Figure C show the 7,500
receipts from sales and operations), plus income (less largest CFC’s by SIC and do not reflect the
loss) from investments. industry shifts between SIC and NAICS for
56 Tax Year 1998. Caution should be taken when
NotesandReferences comparing foreign corporations by industry.
[1] Statistics of Income studies of Controlled [10] Based on unpublished data.
Foreign Corporations are conducted for even-
numbered tax years. For 1996 data, see Nutter, [11] Based on unpublished data. For 1998, there
Sarah E., “Controlled Foreign Corporations, were 1,742 U.S. corporation returns with
1996,” Statistics of Income Bulletin, Spring 45,876 active controlled foreign corporations.
2001, Volume 20, Number 4. The controlled foreign corporations reported
$3,549.3 billion in end-of-year assets. For
[2] Starting with Tax Year 1998, industry composi- 1998, the 45,876 active CFC’s reported total
tion is defined by the North American Industry receipts of $2,143.0 billion, current earnings and
Classification System (NAICS). In previous tax profits before taxes of $161.5 billion, current
years, the Standard Industrial Classification earnings and profits after taxes of $119.5
system (SIC) was used to show distribution of billion, and distributions out of earnings and
the 7,500 largest CFC’s. For purposes of this profits of $86.1 billion.
article, Figure C presents the number of foreign
corporations by SIC during Tax Years 1992 to [12] Based on unpublished data.
1998. Table 4 has been added for 1998 as a [13] Based on unpublished data.
crossover table to show comparisons between
NAICS and SIC using NAICS industry group- [14] Based on unpublished data.
SOURCE: IRS, Statistics of Income Bulletin, Winter
2002-2003, Publication 1136 (Rev. 4-2003).
56
Controlled Foreign Corporations, 1998
Table 1.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected North American Industry Classification System (NAICS) Industrial Sector of Controlled
Foreign Corporation
[Money amounts are in thousands of dollars]
Total assets
Number of
Selected industrial sector of 7,500 largest
U.S. corporation Number of foreign
Controlled Foreign Corporations Total receipts
returns ¹ corporations
Beginning of year End of year
57
Controlled Foreign Corporations, 1998
Table 1.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected North American Industry Classification System (NAICS) Industrial Sector of Controlled
Foreign Corporation--Continued
[Money amounts are in thousands of dollars]
Total assets
Number of
Selected industrial sector of 7,500 largest
U.S. corporation Number of foreign
Controlled Foreign Corporations Total receipts
returns ¹ corporations
Beginning of year End of year
58
Controlled Foreign Corporations, 1998
Table 1.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected North American Industry Classification System (NAICS) Industrial Sector of Controlled
Foreign Corporation--Continued
[Money amounts are in thousands of dollars]
59
Controlled Foreign Corporations, 1998
Table 1.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected North American Industry Classification System (NAICS) Industrial Sector of Controlled
Foreign Corporation--Continued
[Money amounts are in thousands of dollars]
60
Controlled Foreign Corporations, 1998
Table 1.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected North American Industry Classification System (NAICS) Industrial Sector of Controlled
Foreign Corporation--Continued
[Money amounts are in thousands of dollars]
61
Controlled Foreign Corporations, 1998
Table 1.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected North American Industry Classification System (NAICS) Industrial Sector of Controlled
Foreign Corporation--Continued
[Money amounts are in thousands of dollars]
62
Controlled Foreign Corporations, 1998
Table 1.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected North American Industry Classification System (NAICS) Industrial Sector of Controlled
Foreign Corporation--Continued
[Money amounts are in thousands of dollars]
63
Controlled Foreign Corporations, 1998
Table 1.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected North American Industry Classification System (NAICS) Industrial Sector of Controlled
Foreign Corporation--Continued
[Money amounts are in thousands of dollars]
64
Controlled Foreign Corporations, 1998
Table 1.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected North American Industry Classification System (NAICS) Industrial Sector of Controlled
Foreign Corporation--Continued
[Money amounts are in thousands of dollars]
65
Controlled Foreign Corporations, 1998
Table 1.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected North American Industry Classification System (NAICS) Industrial Sector of Controlled
Foreign Corporation--Continued
[Money amounts are in thousands of dollars]
66
Controlled Foreign Corporations, 1998
Table 2.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected Country of Incorporation of Controlled Foreign Corporation
[Money amounts are in thousands of dollars]
Total assets
Number of
Selected country of incorporation of the 7,500
U.S. corporation Number of foreign
largest Controlled Foreign Corporations Total receipts
returns ¹ corporations
Beginning of year End of year
Table 2.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected Country of Incorporation of Controlled Foreign Corporation--Continued
[Money amounts are in thousands of dollars]
Total assets
Number of
Selected country of incorporation of the 7,500
U.S. corporation Number of foreign
largest Controlled Foreign Corporations Total receipts
returns ¹ corporations
Beginning of year End of year
68
Controlled Foreign Corporations, 1998
Table 2.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected Country of Incorporation of Controlled Foreign Corporation--Continued
[Money amounts are in thousands of dollars]
7,500 largest Controlled Foreign Corporations--Continued
Foreign corporations with current earnings and profits
(+) before income taxes
Table 2.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected Country of Incorporation of Controlled Foreign Corporation--Continued
[Money amounts are in thousands of dollars]
7,500 largest Controlled Foreign Corporations--Continued
Foreign corporations with current earnings and profits
(+) before income taxes
70
Controlled Foreign Corporations, 1998
Table 2.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected Country of Incorporation of Controlled Foreign Corporation--Continued
[Money amounts are in thousands of dollars]
7,500 largest Controlled Foreign Corporations--Continued
Table 2.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected Country of Incorporation of Controlled Foreign Corporation--Continued
[Money amounts are in thousands of dollars]
7,500 largest Controlled Foreign Corporations--Continued
72
Controlled Foreign Corporations, 1998
Table 2.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected Country of Incorporation of Controlled Foreign Corporation--Continued
[Money amounts are in thousands of dollars]
7,500 largest Controlled Foreign Corporations--Continued
Table 2.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected Country of Incorporation of Controlled Foreign Corporation--Continued
[Money amounts are in thousands of dollars]
7,500 largest Controlled Foreign Corporations--Continued
74
Controlled Foreign Corporations, 1998
Table 2.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected Country of Incorporation of Controlled Foreign Corporation--Continued
[Money amounts are in thousands of dollars]
7,500 largest Controlled Foreign Corporations--Continued
Table 2.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected Country of Incorporation of Controlled Foreign Corporation--Continued
[Money amounts are in thousands of dollars]
7,500 largest Controlled Foreign Corporations--Continued
76
Controlled Foreign Corporations, 1998
Table 3.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected Country of Incorporation and North American Industry Classification System (NAICS)
Industrial Sector of Controlled Foreign Corporation
[Money amounts are in thousands of dollars]
7,500 largest Controlled Foreign Corporations
Table 3.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected Country of Incorporation and North American Industry Classification System (NAICS)
Industrial Sector of Controlled Foreign Corporation--Continued
[Money amounts are in thousands of dollars]
7,500 largest Controlled Foreign Corporations
Number of
Selected country of incorporation and NAICS industrial sector Total assets
U.S. corporation Number of foreign
of 7,500 largest Controlled Foreign Corporations Total receipts
returns ¹ corporations Beginning of year End of year
Table 3.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected Country of Incorporation and North American Industry Classification System (NAICS)
Industrial Sector of Controlled Foreign Corporation--Continued
[Money amounts are in thousands of dollars]
7,500 largest Controlled Foreign Corporations
Number of
Selected country of incorporation and NAICS industrial sector Total assets
U.S. corporation Number of foreign
of 7,500 largest Controlled Foreign Corporations Total receipts
returns ¹ corporations
Beginning of year End of year
Table 3.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected Country of Incorporation and North American Industry Classification System (NAICS)
Industrial Sector of Controlled Foreign Corporation--Continued
[Money amounts are in thousands of dollars]
7,500 largest Controlled Foreign Corporations
Number of
Selected country of incorporation and NAICS industrial sector Total assets
U.S. corporation Number of foreign
of 7,500 largest Controlled Foreign Corporations Total receipts
returns ¹ corporations Beginning of year End of year
80
Controlled Foreign Corporations, 1998
Table 3.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected Country of Incorporation and North American Industry Classification System (NAICS)
Industrial Sector of Controlled Foreign Corporation--Continued
[Money amounts are in thousands of dollars]
7,500 largest Controlled Foreign Corporations--Continued
Selected country of incorporation and NAICS industrial sector Current earnings Current earnings
Distributions out Dividends paid to
of 7,500 largest Controlled Foreign Corporations and profits (less and profits (less Total Subpart F
Income taxes of earnings and controlling U.S.
deficit) before deficit) after income
profits corporation
income taxes income taxes
Table 3.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected Country of Incorporation and North American Industry Classification System (NAICS)
Industrial Sector of Controlled Foreign Corporation--Continued
[Money amounts are in thousands of dollars]
7,500 largest Controlled Foreign Corporations--Continued
Selected country of incorporation and NAICS industrial sector Current earnings Current earnings
Distributions out Dividends paid to
of 7,500 largest Controlled Foreign Corporations and profits (less and profits (less Total Subpart F
Income taxes of earnings and controlling U.S.
deficit) before deficit) after income
profits corporation
income taxes income taxes
Table 3.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected Country of Incorporation and North American Industry Classification System (NAICS)
Industrial Sector of Controlled Foreign Corporation--Continued
[Money amounts are in thousands of dollars]
7,500 largest Controlled Foreign Corporations--Continued
Selected country of incorporation and NAICS industrial sector Current earnings Current earnings
Distributions out Dividends paid to
of 7,500 largest Controlled Foreign Corporations and profits (less and profits (less Total Subpart F
Income taxes of earnings and controlling U.S.
deficit) before deficit) after income
profits corporation
income taxes income taxes
Table 3.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, Earnings, Taxes, Distributions, and Subpart F Income,
by Selected Country of Incorporation and North American Industry Classification System (NAICS)
Industrial Sector of Controlled Foreign Corporation--Continued
[Money amounts are in thousands of dollars]
7,500 largest Controlled Foreign Corporations--Continued
Selected country of incorporation and NAICS industrial sector Current earnings Current earnings
Distributions out Dividends paid to
of 7,500 largest Controlled Foreign Corporations and profits (less and profits (less Total Subpart F
Income taxes of earnings and controlling U.S.
deficit) before deficit) after income
profits corporation
income taxes income taxes
84
Controlled Foreign Corporations, 1998
Table 4.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, and Earnings, Standard Industrial Classification (SIC)
and North American Industry Classification System (NAICS), by Selected NAICS Industrial Sector
(Money amounts are in thousands of dollars)
Percentage Percentage
Number of returns End of year assets
difference difference
Selected NAICS industrial sector
between between
NAICS/SIC NAICS/SIC
SIC NAICS SIC NAICS
85
Controlled Foreign Corporations, 1998
Table 4.--U.S. Corporations with Total Assets of $500 Million or More and Their 7,500 Largest Controlled
Foreign Corporations: Number, Assets, Receipts, and Earnings, Standard Industrial Classification (SIC)
and North American Industry Classification System (NAICS), by Selected NAICS Industrial Sector
--Continued
(Money amounts are in thousands of dollars)
86