Transfer-triggered inclusion of nonresident income: deeming rules attribute income to transferors unless transactions are bona fide commercial dealings.

Income accruing to a non resident is includible in a transferor's total income where an asset transfer, with or without associated operations, causes such accrual and the transferor acquires rights to enjoy that income or is entitled to a related capital sum, provided the income would otherwise have been taxable to the transferor; a person is deemed to have power to enjoy the income where dealings, benefit accrual, control, appointment powers, or increases in asset value show substantive benefit, unless the transferor proves to the Assessing Officer that the transactions were bona fide commercial dealings not intended to avoid tax.

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