Posted on:Speaking Engagements
In 2017, the United States strengthened its anti-hybrid regime by introducing rules designed to neutralize the double non-taxation effects of hybrid mismatches. In the inbound context, Section 245A(e) of the Internal Revenue Code either denies a dividend received deduction or requires subpart F inclusion in cases of inbound dividends that involve hybrid arrangements. In the outbound context, Section 267A of the Internal Revenue Code disallows a deduction in cases of outbound deductible interest or royalty payments that produce a deduction/no inclusion outcome due to hybridity. These rules are generally intended to be consistent with the recommendations in the two final reports under Action 2 of the OECD Base Erosion and Profit Shifting project. Devon Bodoh, Lukas Kutilek and Oliver Walker discussed the U.S. anti-hybrid rules and their impact on cross-border M&A from a U.S. and non-U.S. perspective in a Young IFA Network webinar under the International Fiscal Association.