Copying and distributing are prohibited without permission of the publisher

US eases foreign distribution

01 October 1999

The IRS’ active summer included final regulations on the treatment of distributions to foreign shareholders. This is good news for shareholders but taxpayers should beware the anti-abuse provisions. Mike Swanick and Aldrich Boss of PricewaterhouseCoopers in London report

The US Internal Revenue Service (IRS) has published final regulations on the treatment of distributions to foreign shareholders under Internal Revenue Code (IRC) sections 367(e)(1) and (2). The final regulations address the tax consequences of three types of distributions to foreign shareholders:

l a distribution by a domestic company of its subsidiary's stock under IRC section 355 (outbound distribution);

l a liquidation of a domestic corporation into a foreign parent corporation in a transaction described in IRC section 332 (outbound liquidation); and

l a liquidation of a foreign corporation into a foreign parent corporation in a transaction described in IRC section 332 (foreign-to-foreign liquidation).

The final regulations as a whole are a positive development for taxpayers, as an outbound section 355 distribution of the stock of a domestic corporation no longer requires gain recognition and the exceptions to taxation of an outbound liquidation have been expanded. However, new anti-abuse provisions have been created which echo...



This article is locked content, available to current subscribers or trialists.

  • Current subscribers or trialists - Please log in to view this article in full.
  • New users - Please take a free 7 day trial.
  • Expired subscribers or trialists - Please subscribe to gain immediate full access.

If you think you've received this message in error, please contact your account manager, Nick Burroughs:
Email: nburroughs@euromoneyplc.com, Tel: +44 (0)207 779 8379

Subscribe now

Subscribe today to gain full access to International Tax Review.

Subscribe

Free trial

Take a free trial now and gain 7 days of full access to International Tax Review.

Free trial





International Tax Review Profile

Singapore and Ethiopia have signed a DTA today. Find the DTA here: https://t.co/GQzVR2tlLH

Aug 24 2016 06:16 ·  reply ·  retweet ·  favourite
International Tax Review Profile

India's cabinet approves the revised DTA with Cyprus, allowing India to tax capital gains arising in India when the DTA is effective.

Aug 24 2016 01:01 ·  reply ·  retweet ·  favourite
International Tax Review Profile

South Africa has published draft FAQ guidance on the Common Reporting Standard #CRS. Comments due by Sept. 2 2016 https://t.co/PIqqEBMp7v

Aug 22 2016 02:21 ·  reply ·  retweet ·  favourite
International Tax Review Profile

Liechtenstein has ratified the OECD Convention on Mutual Administrative Assistance in Tax Matters, the @OECDtax announced today.

Aug 22 2016 12:31 ·  reply ·  retweet ·  favourite
International Tax Review Profile

Don't miss our #Brexit survey! We need corporate tax professionals to tell us what they're doing https://t.co/WcGVC5X8PD

Aug 19 2016 06:43 ·  reply ·  retweet ·  favourite
International Correspondents