Source
(Added Pub. L. 104–188, title I, § 1601(b)(1), Aug. 20, 1996, 110 Stat. 1830; amended Pub. L. 105–34, title XVI, § 1601(f)(1)(A), Aug. 5, 1997, 111 Stat. 1090; Pub. L. 106–554, § 1(a)(7) [title III, § 311(a)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A–640.)
Amendments
2000—Subsecs. (f) to (h).
Pub. L. 106–554 added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.
1997—
Pub. L. 105–34 substituted “Puerto Rico” for “Puerto Rican” in section catchline.
Effective Date of 2000 Amendment
Pub. L. 106–554, § 1(a)(7) [title III, § 311(d)], Dec. 21, 2000,
114 Stat. 2763, 2763A–640, provided that: “Subsection (c) [not classified to the Code] and the amendments made by this section [amending this section and sections
280C and
857 of this title] shall take effect as if included in the provisions of the Ticket to Work and Work Incentives Improvement Act of 1999 [
Pub. L. 106–170, see Tables for classification] to which they relate.”
Effective Date of 1997 Amendment
Amendment by
Pub. L. 105–34 effective as if included in the provisions of the Small Business Job Protection Act of 1996,
Pub. L. 104–188, to which it relates, see section 1601(j) of
Pub. L. 105–34, set out as a note under section
23 of this title.
Effective Date
Section 1601(c) of
Pub. L. 104–188 provided that:
“(1) In general.—Except as provided in paragraph (2), the amendments made by this section [enacting this section and amending sections
55,
56,
59, and
936 of this title] shall apply to taxable years beginning after December 31, 1995.
“(2) Special rule for qualified possession source investment income.—The amendments made by this section shall not apply to qualified possession source investment income received or accrued before July 1, 1996, without regard to the taxable year in which received or accrued.
“(3) Special transition rule for payment of estimated tax installment.—In determining the amount of any installment due under section 6655 of the Internal Revenue Code of 1986 after the date of the enactment of this Act [Aug. 20, 1996] and before October 1, 1996, only 1/2 of any increase in tax (for the taxable year for which such installment is made) by reason of the amendments made by subsections (a) and (b) [enacting this section and amending sections
55,
56,
59, and
936 of this title] shall be taken into account. Any reduction in such installment by reason of the preceding sentence shall be recaptured by increasing the next required installment for such year by the amount of such reduction.”
American Samoa Economic Development Credit
Pub. L. 109–432, div. A, title I, § 119, Dec. 20, 2006,
120 Stat. 2942, provided that:
“(a) In General.—For purposes of section 30A of the Internal Revenue Code of 1986, a domestic corporation shall be treated as a qualified domestic corporation to which such section applies if such corporation—
“(1) is an existing credit claimant with respect to American Samoa, and
“(2) elected the application of section 936 of the Internal Revenue Code of 1986 for its last taxable year beginning before January 1, 2006.
“(b) Special Rules for Application of Section.—The following rules shall apply in applying section 30A of the Internal Revenue Code of 1986 for purposes of this section:
“(1) Amount of credit.—Notwithstanding section 30A(a)(1) of such Code, the amount of the credit determined under section 30A(a)(1) of such Code for any taxable year shall be the amount determined under section 30A(d) of such Code, except that section
30A
(d) shall be applied without regard to paragraph (3) thereof.
“(2) Separate application.—In applying section 30A(a)(3) of such Code in the case of a corporation treated as a qualified domestic corporation by reason of this section, section 30A of such Code (and so much of section 936 of such Code as relates to such section
30A) shall be applied separately with respect to American Samoa.
“(3) Foreign tax credit allowed.—Notwithstanding section 30A(e) of such Code, the provisions of section 936(c) of such Code shall not apply with respect to the credit allowed by reason of this section.
“(c) Definitions.—For purposes of this section, any term which is used in this section which is also used in section 30A or 936 of such Code shall have the same meaning given such term by such section
30A or
936.
“(d) Application of Section.—Notwithstanding section
30A
(h) or section 936(j) of such Code, this section (and so much of section
30A and section 936 of such Code as relates to this section) shall apply to the first two taxable years of a corporation to which subsection (a) applies which begin after December 31, 2005, and before January 1, 2008.”