US Inbound: IRS international practice units

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

US Inbound: IRS international practice units

fuller.jpg

forst.jpg

Jim Fuller


David Forst

As a part of the IRS Large Business & International Division's knowledge management efforts, international practice units have been developed through internal collaboration and serve as both aids and training materials on international tax issues. They are not official pronouncements of law, and cannot be used, cited or relied upon as such. The IRS issued two new inbound international practice units in July 2015: non-services FDAP [fixed or determinable, annual or periodical] income; and branch-level interest tax concepts. The practice unit dealing with branch-level interest tax concepts provides a pretty good analysis of the rules under § 884(f). A branch-level interest tax is composed of two parts: a withholding tax imposed on interest paid by a US branch to a foreign person (referred to as branch interest) and a tax imposed on the excess of the foreign corporation's interest allocable to income connected to effectively connected income over its branch interest (referred to as excess interest). This practice unit would provide a good review for someone interested in understanding § 884(f).

The non-services FDAP income practice unit focuses on royalty income as an example. The IRS examiner is directed to determine whether the foreign corporation licensor (FC) has an office in the US through which it licenses software to other customers. The IRS examiner is directed to determine whether FC has employees in the US who provide aftermarket technical services related to the software. These are important facts in analysing whether the royalty income would be treated as effectively connected with a US trade or business. The IRS examiner is also told to confirm that the software is licensed and not sold (sale of copyrighted articles). The practice unit provides a reasonably thorough approach to auditing these transactions.

The practice units make references to IPNs (international practice networks). These are IRS employee groups that network in designated areas to broaden, enhance, and share their experiences. They are, more or less, groups of experts on designated issues.

The non-services FDAP income practice unit states that the examiner should consult with the Repatriation/Withholding IPN to determine when the taxpayer's activities create effectively connected income. It also states that the examiner, on a different point, should consult with IRS counsel and the Jurisdiction-to-tax IPN for guidance. The branch-level practice unit refers the examiner to the Treaties IPN for assistance in determining general treaty eligibility including the qualifications under a limitation on benefits article.

Jim Fuller (jpfuller@fenwick.com) and David Forst (dforst@fenwick.com)

Fenwick & West

Tel: +1 650 335 7205; +1 650 335 7274

Website: www.fenwick.com

more across site & shared bottom lb ros

More from across our site

Firms are spending serious money to expand their tax advisory practices internationally – this proves that the tax practice is no mere sideshow
The controversial deal would ‘preserve the gains achieved under pillar two’, the OECD said; in other news, HMRC outlined its approach to dealing with ‘harmful’ tax advisers
Former EY and Deloitte tax specialists will staff the new operation, which provides the firm with new offices in Tokyo and Osaka
TP is a growing priority for West and Central African tax authorities, writes Winnie Maliko, but enforcement remains inconsistent, and data limitations persist
The UK tax agency has appointed six independent industry specialists to the panel
The two tax partners have significant experience and expertise in transactional and tax structuring matters
Katie Leah’s arrival marks a significant step in Skadden’s ambition to build a specialised, 10-partner London tax team by 2030, the firm’s European tax head tells ITR
Increasingly, clients are looking for different advisers to the established players, Ryan’s president for European and Asia Pacific operations tells ITR
Using tax to enhance its standing as a funds location is behind Luxembourg’s measures aimed at clarifying ATAD 2 and making its carried interest regime more attractive
Encompassing everything from international scandals to seismic political events, it’s a privilege to cover the intriguing world of tax
Gift this article