US Inbound: IRS international practice units
International Tax Review is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

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 & bottom lb ros

More from across our site

EMEA research now open
Luis Coronado suggests companies should embrace technology to assist with TP data reporting, as the ‘big four’ firm unveils a TP survey of over 1,000 professionals
The proposed matrix will help revenue officers track intra-company transactions from multinationals
The full list of finalists has been revealed and the winners will be presented on June 20 at the Metropolitan Club in New York
The ‘big four’ firm has threatened to legally pursue those behind the letter, which has been circulating on social media
The guidelines have been established in the wake of multiple tax scandals and controversies that have rocked the accounting profession
KPMG Netherlands’ former head of assurance also received a permanent bar and $150,000 fine; in other news, asset management firm BlackRock lost a $13.5bn UK tax appeal
The new, fully integrated office will also offer M&A, dispute resolution, IP and corporate tax services
The new guidance concerns a recent 1% excise tax on the repurchases of corporate stock for both US and certain foreign companies
Interpath has hired a managing partner from rival accounting firm BDO to lead the new operation
Gift this article