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[Music] if a CFC loans money to its US shareholder the loan is generally taxable as an inclusion under Section 956 in example three of regulation 1.9 56 - 2 C 3 a u.s. shareholder borrowed from a bank and pledged as collateral for the loan 70 percent of the shares of the CSC owned by the u.s. shareholder the u.s. shareholder also agreed under the terms of the loan to not allow the CFC to engage in certain types of transactions such as to borrow money guarantee loans merge with another company sell a substantial part of its assets etc these types of restrictions are often referred to as negative covenants even though the u.s. shareholder did not borrow from the CFC directly because it pledged more than two-thirds of the shares of the CFC stock is collateral and because it agreed to the negative covenants with regard to the CFC for purposes of section 956 it is treated as though the u.s. shareholder borrowed the funds from its CFC rather than having borrowed the funds from an unrelated b
