Check-the-Box Elections for Foreign Subsidiaries: Achieving Optimal Tax Treatment Through Entity Selection
Using Hybrid Entities for Tax Arbitrage, Structuring Entities to Enable Deferral of Foreign Profits, Planning Tips Post Tax Reform
Recording of a 110-minute CPE webinar with Q&A
This course will provide tax advisers with thorough and practical guidance on the advantages and pitfalls of utilizing the “check-the-box” election for foreign subsidiaries. The panel will discuss the various tax effects of specific elections, outline the tax timing and tax treatment, and explain repatriation and other implications of income from foreign subsidiaries under the new law.
- Overview of the Tax Stakes
- Basic Entity Classification Rules of U.S.
- § 962 election by an individual
- Overview of Subpart F rules
- GILTI Regime
- Distributions and Sales of CFC Stock
- Review of provisions related to US "Territorial Regime"
The panel will discuss these and other important issues:
- The implications of using check-the-box elections to pull foreign-source income out of Subpart F treatment
- Retroactive entity selection and completing Form 8832
- How to determine whether a foreign entity is “relevant” for U.S. taxation purposes
- The impact of tax law changes on check-the-box elections and tactics to maximize tax savings
Pamela A. Fuller, JD, LLM
Royse Law Firm
Ms. Fuller advises a wide range of clients--including private and public companies, joint ventures, private equity... | Read More
Ms. Fuller advises a wide range of clients--including private and public companies, joint ventures, private equity funds, individuals, C-Suite executives, “start-ups,” and government entities--on transactional, investment, and supply-chain strategies to achieve optimal tax and business results. As a seasoned practitioner and tax technician, Ms. Fuller is accustomed to handling nuanced matters involving highly technical questions of law, policy, and procedure at the federal, state, local, and international levels. She provides sophisticated tax planning services across most industry sectors, including software & emerging digital technologies, financial services, real estate development, healthcare, pharmaceutical, construction & engineering, infrastructure, oil & energy, and retail.
Ms. Fuller also has nearly two decades of experience resolving U.S. federal, state, and foreign tax controversies, as well as asserted tax penalties.Close
Mr. Henson has more than 23 years of experience working in both public accounting and industry. He specializes in... | Read More
Mr. Henson has more than 23 years of experience working in both public accounting and industry. He specializes in cross-border tax planning and has extensive experience in structuring and due diligence for multinational acquisitions, seller-side strategies for multinational dispositions, cross-border partnership planning, planning for foreign-owned U.S. businesses, and post-acquisition restructuring. He has significant experience in FAS 109, U.S. international tax compliance, and transaction-related tax return disclosures. He taught the cross-border mergers and acquisition course for a “Big 4” firm, was an adjunct professor at Cooley Law School, and frequently speaks on international tax topics.Close
Jon T. Hutchens
Mr. Hutchens is a member of Dentons' Tax practice, and provides advice on both tax and derivatives matters in a... | Read More
Mr. Hutchens is a member of Dentons' Tax practice, and provides advice on both tax and derivatives matters in a wide variety of transactions. His experience covers a range of federal tax topics, including domestic and international mergers, acquisitions and dispositions, both taxable and tax-free. He also counsels on matters relating to corporate financing structures and financial instruments, as well as general tax planning.Close