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FATCA

International Tax Advisory: Tax Court Flexes Its Debt-Equity Muscle on “Unrelated” Parties

August 15, 2016 By Edward Tanenbaum and Heather Ripley

A recent Tax Court case shows the government’s willingness and ability to attack financing arrangements that do not reflect arm’s-length debt standards, even without the forthcoming Section 385 regulations. Our International Tax Group analyzes that case and reviews the IRS’s decision to stop treating some FATCA intergovernmental agreements as “in effect.”

Filed Under: International Tax Advisory Tagged With: anti-earnings stripping regulations, Estate of Mixon, FATCA, FFIs, Foreign Account Tax Compliance Act, foreign financial institutions, Foreign Investment in Real Property Act, Form W-8, IGA, IGA List, intergovernmental agreements, IRS, net operating loss, NOL, Section 385, Section 881(c), Tax Court, TC Memo 2016-139, Treasury

International Tax Advisory: IRS Floats Updated Qualified Intermediary Agreement

July 15, 2016 By Edward Tanenbaum and Heather Ripley

Our International Tax Group discusses the IRS’s proposed update to the qualified intermediary agreement set to expire this year.

Click here to read the full advisory.

Filed Under: International Tax Advisory Tagged With: Action 13, FATCA, FFIs, Foreign Account Tax Compliance Act, foreign financial institutions, Form W-8, Form W-8IMY, IGA, intergovernmental agreement, IRS, limited branch, limited FFI, Notice 2010-46, Notice 2015-66, Notice 2016-42, OECD, Organisation for Economic Co-operation and Development, QDD, QI, QSL, qualified derivatives dealers, qualified intermediary agreement, qualified securities lender, Rev. Proc. 2000-12, Rev. Proc. 2014-39, Rev. Proc. 2014-47, Section 3406, Section 871(m), The 2014 QI Agreement, withholding tax

Scapegoats: How Foreign Taxpayers’ Credits & Refunds Could Be Limited by Withholding Agents’ Non-Compliance

May 19, 2015 By Heather Ripley

In Notice 2015-10 (the “Notice”), the IRS announced that it and the Treasury will issue regulations to limit credits or refunds for withholding taxes under Chapter 3 (Sections 1441-1443) and Chapter 4 (Sections 1471-1472, aka FATCA) to the amount actually deposited by withholding agents. The hope is that this “deposit limitation” will lessen the Treasury’s financial risk of crediting or refunding more tax, based on Form 1042-S reporting, than it collects or can collect. The Notice previews regulatory amendments to provide that a credit or refund for withheld tax is available only [...]Read more

Filed Under: International - Inbound Tagged With: chapter 3, chapter 4, FATCA, international tax advisory, Notice 2015-10, tax deposits, withholding agent, withholding tax

International Tax ADVISORY: The Treasury and IRS Ease up (a Little) as FATCA Approaches

April 15, 2014 By Edward Tanenbaum and Heather Ripley

The Foreign Account Tax Compliance Act (FATCA), enacted by the 2010 HIRE Act, generally requires foreign financial institutions (FFIs) and non-financial foreign entities (NFFEs) to report certain information about their U.S. account holders and substantial U.S. owners, respectively, or be subject to a 30 percent withholding tax on “withholdable payments.” With the July 1, 2014, effective date for withholding under FATCA less than three months away, the U.S. Treasury and IRS are working to patch up holes in the compliance framework. This advisory is provided on the Alston & Bird website: [...]Read more

Filed Under: International - Corporate Tax Planning, International Tax Advisory Tagged With: FATCA

International Tax ADVISORY: Treasury Presents… More FATCA Regulations

March 17, 2014 By Edward Tanenbaum and Heather Ripley

This advisory discusses the U.S. Treasury and IRS release of two sets of regulations relating to the Foreign Account Tax Compliance Act (FATCA). The new regulations were published in the Federal Register on March 6. Enacted by the 2010 HIRE Act, FATCA imposes a 30-percent withholding tax on certain payments to foreign financial institutions (FFIs) and passive non-financial foreign entities (NFFEs) that do not report information about their U.S. accounts and substantial U.S. owners, respectively. One set of the new regulations (T.D. 9657) modifies various provisions of the “final” FATCA regulations [...]Read more

Filed Under: International - Corporate Tax Planning, International Tax Advisory Tagged With: FATCA

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