Section 863(a) authorizes the
Secretary to promulgate regulations allocating and apportioning to
U.S. or foreign sources all items of income not described in
sections 861 and 862. The regulations provide rules for determining
the amount of U.S. or foreign source income from cross border
sales. The regulations provide amendments to the existing
regulations. Section 1.863 l(b)(6) requires a statement to be
attached to a return explaining the methodology used to determine
fair market value and any additional production activities
performed by the taxpayer, and §1.863 3(e)(2) requires a taxpayer
who uses a method to determine income attributed to production
activities and sales (as described in §1.863 3(b)), must fully
explain in a statement attached to the return the methodology used,
the circumstances justifying use of that methodology, the extent
that sales are aggregated, and the amount of income allocated. This
information is used to enable the IRS to determine if the taxpayer
has properly determined the source of its income.
US Code:
26
USC 863 Name of Law: Special rules for determining source
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.