Strategizing Multinational Tax Risks

As 2019 year-end is quickly approaching, there are important items of legislation still pending, including the following:

• US Tax Act (TCJA) technical corrections, including the ability to apply transition tax overpayments (several Republicans and Democrats have already agreed to sponsor a relevant bill), and CFC downward attribution rules
• Tax extenders, including the important look-through rules for CFC’s, which expires at the end of this year
• Additional tax treaties will be reviewed, following the recent ratification of Spain and Japan treaties with the US
• Final BEAT regulations, with new proposed regulations in some areas
• Section 163(j) rules for application to CFC’s
• GILTI high-tax exclusions
• Final foreign tax credit regulations
• Section 245A dividends received deduction regulations
• FDII and anti-hybrid regulations

The above items are important as stand-alone items, and represent a significant amount of regulations to absorb prior to year-end if they can be issued this year.

These changes may significantly impact the annual ETR of multinationals in the fourth quarter, as well as introduce new TCJA concepts into treaties and complex Limitation of Benefit (LOB) clauses therein.

The TCJA complexities, and interpretations thereto, continue this year and next, posing compliance and planning uncertainties going forward.

EY’s Global Tax Alert provided additional details, as referenced.

Click to access 2019G_001146-19Gbl_Report%20on%20recent%20US%20international%20tax%20developments%20-%2013%20Sept%202019.pdf