Non-US Business Entity Selection - How U.S. and Global Taxation Regimes Impact the Decision

Making Critical Tax-Based Choices Regarding Branch Offices, CFCs, Disregarded Entities, Joint Ventures, and Check-the-Box

Recording of a 110-minute CPE webinar with Q&A

Conducted on Thursday, June 12, 2014

Recorded event now available

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Program Materials

This webinar will provide tax executives and advisors guidance on the full range of short-term and long-term tax issues that arise in selecting the entity type to use for a new foreign operation and pitfalls to avoid if seeking to change the entity type after formation. The panel will outline how to navigate the tax consequences inherent in foreign entity selection decisions.


When U.S. companies start a foreign operation, entity selection poses a critical decision for tax professionals. Is it most advantageous for the company in the long term to operate as a branch office? Should the subsidiary be formed as a foreign corporation or limited liability company or as a partnership of joint venture? Should a check-the-box election be made? Each choice has unique tax aspects.

Making the final entity selection choice requires tax specialists to assess the U.S. and global tax issues that arise with branches, disregarded entities, controlled foreign corporations, and/or foreign partnerships. Tax execs must understand not only how income tax issues impact the entity selection decision, but how treaties and the current U.S. structure affect it, also.  While check-the-box entities require immediate taxation of foreign entity income, a deferral structure brings additional complexity and anti-deferral rules must be understood.

With the broad array of inputs going into an entity selection decision, tax professionals must be familiar with U.S. principals like transfer pricing and foreign tax credit planning.

Listen as our tax advisor panelists analyze the factors to consider in choosing an entity for a foreign operation.



  1. Tax aspects of entity choices for a foreign operation
  2. Legal features of entities that tax professionals must grasp
  3. U.S. tax advantages and pitfalls with income and losses from different structures
  4. Planning the tax analysis for entity selection
  5. Reevaluating a previous entity choice


The panel will tackle issues such as:

  •  Understanding the legal forms of entity alternatives for foreign operations.
  •  Anticipating U.S. tax treatment of income, losses, gains, etc. that will affect the entity decision.
  •  Understanding U.S. elections available for foreign entities and the impact on U.S. (and, sometimes, foreign) taxation
  • Making fully informed, tax-based decisions/recommendations for the proper entity for a foreign business entity.


Jonckheere, Jerry
Jerry Jonckheere

International Tax Partner
Plante & Moran

Mr. Jonckheere has more than 30 years of corporate and accounting firm experience and works with clients that are...  |  Read More

Douglas W. Nakajima, J.D., LL.M
Douglas W. Nakajima, J.D., LL.M
Director – Tax & Business

Mr. Nakajima is National Co-Leader of Marcum’s International Tax Services Group and a member of the Firm’s...  |  Read More

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