Title 26 › Subtitle A — Income Taxes › CHAPTER 1 — NORMAL TAXES AND SURTAXES › Subchapter N — Tax Based on Income From Sources Within or Without the United States › PART III — INCOME FROM SOURCES WITHOUT THE UNITED STATES › Subpart G — Export Trade Corporations › § 971
Sets rules for when a controlled foreign corporation can be an export trade corporation. To qualify, the corporation must be a controlled foreign corporation and, over the prior 3-year period, at least 90 percent of its gross income must come from sources outside the United States and at least 75 percent must be export trade income. If 50 percent or more of its gross income is export trade income from U.S.-grown agricultural products, it can qualify even if it does not meet the 75 percent test. A corporation cannot start qualifying for tax years beginning after October 31, 1971, unless it had qualified for some tax year beginning before that date. If it fails to qualify for any 3 consecutive taxable years after that date, it cannot qualify for later years. Explains key terms used for this rule. Export trade income means net income from four kinds of activities: sales of U.S.-made goods to unrelated buyers for use outside the U.S. and services tied to those sales; services tied to use abroad of patents, copyrights, formulas, goodwill, trademarks, franchises, or similar property owned by the maker of those goods; fees, rentals, or other pay for using export property or for technical services using it; and interest from certain export-trade debts. If mixed payments cannot be split by market tests, the export-related share is the part of the costs tied to the export property. Export trade assets are working capital for export sales, export inventory, foreign storage/handling/packaging/servicing facilities, and notes or other debt from unrelated buyers for export purchases or related services. Export promotion expenses are salaries, rent, depreciation, and other ordinary costs tied to getting export trade income, but U.S.-incurred expenses count only if at least 90 percent of each expense category is spent outside the U.S. Export property means things made, produced, grown, or extracted in the U.S. An unrelated person is anyone who is not a related person under section 954(d)(3).
Full Legal Text
Internal Revenue Code, Source: USLM XML via OLRC
Legislative History
Reference
Citation
26 U.S.C. § 971
Title 26, Internal Revenue Code
Last Updated
Sep 22, 2026
Release point: 119-110