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IRS Tax Map 2008
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taxmap/pubs/p598-013.htm#en_us_publink100067590

Income From Controlled Organizations(p14)


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Income From Controlled Organizations

The exclusions for interest, annuities, royalties, and rents, explained earlier in this chapter under Income, may not apply to a payment of these items received by a controlling organization from its controlled organization. The payment is included in the controlling organization's unrelated business taxable income to the extent it reduced the net unrelated income (or increased the net unrelated loss) of the controlled organization. All deductions of the controlling organization directly connected with the amount included in its unrelated business taxable income are allowed.
taxmap/pubs/p598-013.htm#en_us_publink100096348

Excess qualifying specified payments.(p14)


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Excess qualifying specified payments received or accrued from a controlled entity are included in a controlling exempt organization's unrelated business taxable income only on the amount that exceeds that which would have been paid or accrued if the payments had been determined under section 482. Qualifying specified payments means any payments of interest, annuities, royalties, or rents received or accrued from the controlled organization pursuant to a binding written contract in effect on August 17, 2007, or to a contract which is a renewal, under substantially similar terms of a binding written contract in effect on August 17, 2006, and the payments are received or accrued before January 1, 2010.
taxmap/pubs/p598-013.htm#en_us_publink100096349

Addition to tax for valuation misstatements.(p14)
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Under section 512(b)(13)(E)(ii), the tax imposed on a controlling organization will be increased by 20 percent of the excess qualifying specified payments that are determined with or without any amendments or supplements, whichever is larger. See section 512(b)(13)(E)(ii) for more information.
taxmap/pubs/p598-013.htm#en_us_publink100095635

Net unrelated income.(p14)
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This is:
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Net unrelated loss.(p14)
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This is:
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Control.(p14)
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An organization is controlled if: For this purpose, constructive ownership of stock (determined under section 318) or other interests is taken into account.
As a result, an exempt parent organization is treated as controlling any subsidiary in which it holds more than 50% of the voting power or value, whether directly (as in the case of a first-tier subsidiary) or indirectly (as in the case of a second-tier subsidiary).