International Rules Still Not Complete
After over a year and a half since the passage of
the Tax Cuts and Jobs Act (TCJA), the regulations that apply to many
international transactions are still not finalized. There are issues that still
need to be addressed as companies are unsure how to proceed. They are making
some conservative guesses but are really looking for clarity from the Internal
Revenue Service (IRS).
For
example, there is the Foreign Derived Intangible Income (FDII)
provision. This is a potential deduction for businesses, but it can only be
claimed if the business can prove that what it sells is for foreign use. In
this way, a company’s decision on where to locate its headquarters will not be
based on how it can avoid paying taxes where most of its goods are sold. Companies
are unwilling to alter their normal business operations to prove that they
qualify for FDII. The IRS has indicated that there will be more
options given to prove that they qualify. This rule was proposed on March 4 and
there will be a hearing on July 10. The true details of the TCJA are
still being worked out.
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