§114. Extraterritorial income

(a) Exclusion

Gross income does not include extraterritorial income.

(b) Exception

Subsection (a) shall not apply to extraterritorial income which is not qualifying foreign trade income as determined under subpart E of part III of subchapter N.

(c) Disallowance of deductions

(1) In general

Any deduction of a taxpayer allocated under paragraph (2) to extraterritorial income of the taxpayer excluded from gross income under subsection (a) shall not be allowed.

(2) Allocation

Any deduction of the taxpayer properly apportioned and allocated to the extraterritorial income derived by the taxpayer from any transaction shall be allocated on a proportionate basis between-

(A) the extraterritorial income derived from such transaction which is excluded from gross income under subsection (a), and

(B) the extraterritorial income derived from such transaction which is not so excluded.

(d) Denial of credits for certain foreign taxes

Notwithstanding any other provision of this chapter, no credit shall be allowed under this chapter for any income, war profits, and excess profits taxes paid or accrued to any foreign country or possession of the United States with respect to extraterritorial income which is excluded from gross income under subsection (a).

(e) Extraterritorial income

For purposes of this section, the term "extraterritorial income" means the gross income of the taxpayer attributable to foreign trading gross receipts (as defined in section 942) of the taxpayer.

(Added Pub. L. 106–519, §3(a), Nov. 15, 2000, 114 Stat. 2423 .)

Prior Provisions

A prior section 114, act Aug. 16, 1954, ch. 736, 68A Stat. 35 , related to sports programs conducted for American National Red Cross, prior to repeal by Pub. L. 101–508, title XI, §11801(a)(8), Nov. 5, 1990, 104 Stat. 1388–520 .

Effective Date

Section applicable to transactions after Sept. 30, 2000, with special rules relating to existing foreign sales corporations, see section 5 of Pub. L. 106–519, set out as a note under section 941 of this title.

Section Referred to in Other Sections

This section is referred to in sections 56, 903, 941, 943 of this title.