14 October 2018

U.S. International Tax This Week for October 12

Ernst & Young's U.S. International Tax This Week newsletter for the week ending October 12 is now available. Prepared by Ernst & Young's International Tax Services group, this weekly update summarizes important news, cases, and other developments in international taxation.

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Spotlight

Treasury Department officials this week indicated they are on track to release proposed regulations on the majority of the international tax provisions enacted by the Tax Cuts and Jobs Act (TCJA) by the end of the year. The government specifically plans to release before the Thanksgiving holiday proposed regulations on foreign tax credits, the Section 250 deduction, the Foreign Derived Intangible Income (FDII) rules, the Base Erosion and Anti-abuse Tax (BEAT) and the remainder of the proposed Global Intangible Low-taxed Income (GILTI) regulations. Another senior Treasury official included the Section 163(j) interest limitation and Section 267A anti-hybrid rules to the list of proposed regulations expected to be released in the next six weeks. Pointing to the ambitious deadlines, the official tamped down expectations by saying the proposed regulations would be neither perfect nor comprehensive.

Treasury indicated that they plan to finalize most of the proposed regulations covering the TCJA international provisions by June 2019. A Treasury official was also quoted as saying the government aims to finalize the Section 965 transition regulations by year-end.

The finalized GILTI regulations will see clarification of the scope and time-frame of the pro-rata allocation anti-abuse rule in Proposed Reg. Section 1.951-1(e)(6), the official said, acknowledging taxpayer uncertainty in the area. Commenting on the measure, a senior IRS official said the anti-abuse rule was purposefully drafted to provide the Service with flexibility to target transactions or structures that the IRS has had the inability to thwart. Treasury is also reportedly continuing to study issues associated with the anti-abuse rule in Proposed Reg. Section 1.951A-3(h)2).

An IRS official this week was quoted as saying the Service will step up action in regard to its withholding tax campaigns in the new year, a number of which were announced in the spring. The IRS Large Business and International Division official said that foreign financial institutions in particular should expect more letters asking about data collection in regard to compliance with the Foreign Account Tax Compliance Act (FATCA). The official added that the IRS is also interested in learning what kinds of systems are being used by the withholding industry to check for errors, and that it is possible that users of reliable systems could eventually receive preferential treatment by the government.

The OECD Forum on Harmful Tax Practices will review the TCJA's FDII provision later this month to determine whether it constitutes a harmful tax practice. A Treasury official this week said the US will argue that FDII, combined with GILTI, creates tax neutrality and therefore is not a harmful tax practice. The OECD will not make a determination this year, with further Forum meetings expected.

A US official this week also said the OECD is making good progress in terms of developing a long-term digital tax package. The official was quoted as saying that a comprehensive solution would include a minimum tax regime coupled with inbound anti-base erosion rules that broadly apply across industries, without the need to target specific digital business models. The official also reiterated US opposition to the recent EU digital tax proposals from last spring, saying they unfairly target US multinationals.

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Recent Tax Alerts

Africa

Asia

Canada & Latin America

Europe

Middle East

— Oct 10: Bahrain releases new VAT Law (Tax Alert 2018-2012)

Oceania

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Recent Newsletters

Washington Dispatch
   Highlights of this edition include:

Legislation

— House approves ‘tax reform 2.0’ bills; no Senate action before mid-term elections

IRS news

— US government issues proposed GILTI regulations to implement international tax reform changes
— Treasury and IRS propose removing Section 385 documentation requirements
— IRS releases draft Form 8991, Tax on Base Erosion Payments of Taxpayers with Substantial Gross Receipts
— IRS grants relief to RICs from Section 4982 excise tax for Section 965 inclusions
— IRS to delay Section 871(m) regulations effective / applicability date two years
— IRS issues guidance for REITs on treatment of certain income inclusions from foreign corporations
— IRS announces new international compliance campaigns

OECD news

— OECD releases additional guidance on country-by-country reporting and updated exchange relationships

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IRS Weekly Wrap-Up

Internal Revenue Bulletin

 2018-42Internal Revenue Bulletin of October 15, 2018

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Additional Resources

Ernst & Young Client Portal, the leading source for news, analysis, and reference materials for corporate tax professionals, has a variety of content of interest to international tax practitioners, including:

International Tax Online Reference Service. Key information about, and important tax developments from, 56 foreign jurisdictions, including information on tax rates, interest rates and penalties, withholding, and filing dates.

EY/Passport. EY/Passport is your guide to planning ventures in the global economy, offering a wealth of tax and business knowledge on more than 150 countries.

Because the matters covered herein are complicated, U.S. International Tax This Week should not be regarded as offering a complete explanation and should not be used for making decisions. Any decision concerning matters covered herein should be reviewed with a qualified tax advisor.

Document ID: 2018-2024