Constructive ownership rules
(4) Constructive ownership rules. For purposes of determining an interest in a partnership, the constructive ownership rules of section 267(c) (other than section 267(c)(3)) apply, taking into account that such rules refer to corporations and not to partnerships. However, an interest will be attributed from a nonresident alien under the family attribution rules of section 267(c)(2) and (4) only if the person to whom the interest is attributed owns a direct or indirect (under the rules of 267(c)(1) or (5)) interest in the foreign partnership. (5) Determination of amount of interest. Whether a person owns a fifty-percent interest, or a ten-percent interest, as described in paragraphs (b)(2) and (3) of this section, is determined for each tax year of the foreign partnership by reference to the agreement of the partners relating to such interests during that tax year. (6) Definition of United States person. The term United States person is defined in section 7701(a)(30). (7) Definition of a foreign partnership. A foreign partnership is a partnership described in section 7701(a)(5). (8) Tax year of a foreign partnership. The tax year of a foreign partnership is determined under section 706. (9) Examples. The rules of paragraph (a) of this section and this paragraph (b) are illustrated by the following examples: