Tax Pitfalls of Offshore M&A: Planning Techniques to Avoid Unintended Tax Liability
Impact of New Tax Law on Deal Structures, Section 163(j), GILTI, Transfers Under Section 367(a), Deductions Under Section 245A
Recording of a 90-minute premium CLE/CPE webinar with Q&A
This CLE/CPE course will discuss the most important changes impacting U.S. taxation of multinational entities and how these changes affect planning for cross-border deals. Specifically, the panel will discuss planning techniques in light of the new Section 163(j) limitations on interest deductions, repatriation strategies for foreign subsidiaries, buy and sell techniques for acquiring and disposing of foreign targets in light of the new GILTI regime, and planning techniques to take full advantage of the new 100% dividends-received deduction provided by new Sections 245A, 1248(j) and 163(e). The panel will also cover outbound transfers by U.S. persons to foreign corporations, and how the 2017 Tax Act and the most recent guidance affects outbound and inbound planning under Section 367(a), (b)(d),and (e). The panel will not only explain the changed tax landscape and stakes, but offer specific planning tools to mitigate unintended tax liability.
- Considerations for structuring cross-border deals
- U.S. seller considerations
- U.S. buyer considerations
- Affect of GILTI on 338(g) elections in cross-border context
- New Section 1248(j)
- How to plan into the Section 245A DRD
- Section 163(j) and financing foreign acquisitions
- Repatriation of foreign subsidiaries and Section 245A
- Application of GILTI to foreign acquisitions
The panel will review these and other key issues:
- How does new U.S. tax law impact tax planning for cross-border M&A transactions?
- What are the key tax considerations in structuring cross-border M&A deals?
- What special rules apply to U.S. vs. non-U.S. sellers and buyers?
- How does Section 163(j) impact the financing of foreign acquisitions?
- Repatriation and Section 245A
- The impact of GILTI to cross-border deal structuring
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
Devan R. Patrick
Mr. Patrick focuses his practice on U.S. federal income taxation of domestic and international business transactions,... | Read More
Mr. Patrick focuses his practice on U.S. federal income taxation of domestic and international business transactions, specifically advising clients on tax aspects of private equity and M&A transactions. He also has experience assisting taxpayers resolving federal tax controversies at all stages from audit through appeals and litigation.Close