Constructive ownership

Constructive ownership -
(1) Options. If a person has an option to acquire any outstanding interest in an organization, such interest shall be considered as owned by such person. For this purpose, an option to acquire an option, and each one of a series of such options shall be considered as an option to acquire such interest.
(2) Attribution from partnerships -
(i) General. An interest owned, directly or indirectly, by or for a partnership shall be considered as owned by any partner having an interest of 5 percent or more in either the profits or capital of the partnership in proportion to such partner's interest in the profits or capital, whichever such proportion is greater.
(ii) Example. The provisions of paragraph (b)(2)(i) of this section may be illustrated by the following example:
(1) Options. If a person has an option to acquire any outstanding interest in an organization, such interest shall be considered as owned by such person. For this purpose, an option to acquire an option, and each one of a series of such options shall be considered as an option to acquire such interest.
(2) Attribution from partnerships -
(i) General. An interest owned, directly or indirectly, by or for a partnership shall be considered as owned by any partner having an interest of 5 percent or more in either the profits or capital of the partnership in proportion to such partner's interest in the profits or capital, whichever such proportion is greater.
(ii) Example. The provisions of paragraph (b)(2)(i) of this section may be illustrated by the following example:

Source

26 CFR § 1.414(c)-4


Scoping language

None
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