Sean Foley The Internal Revenue Service (IRS) has published final regulations concerning the determination of the earnings and profits attributable to the stock of controlled foreign corporations (CFCs)-or former CFCs-that are or were involved in certain non-recognition transactions (TD 9345). Under section 1248(a), a gain that is recognised upon the sale or exchange of stock in a CFC by a US shareholder (US person that owns, directly, indirectly or constructively, 10% or more of the total combined voting power of all classes of stock of the foreign corporation entitled to vote) is included in the US shareholder's gross income as a deemed dividend. This equates to the extent of the US shareholder's ratable share of the CFC's post-1962 accumulated E&P. The regulations are effective to income inclusions that occur on or after July 30 2007.
September 30 2007