Ernst & Young Its Washington Dispatch

IRS releases final Section 956 regulations, generally follow proposed rules with two major modifications – IRS finalizes certain temporary FX regulations – IRS proposed regulations under Section 1446(f) clarify scope of W/H on transfers of partnership interests – EC comments on US FDII proposed regulations – US reiterates opposition to unilateral digital proposals – Puerto Rico, USVI developments highlighted  

US Congressional tax writers concerned over unilateral digital taxation proposals – IRS publishes revised 2019 Tax Treaty Table 1 – No delay in Section 965 final regulations effective date – IRS LB&I announces new compliance campaigns on transfer pricing and information reporting – IRS may use APMA FCD Model in some exams – GAO issues report on FATCA implementation – OECD FTA publishes 7 reports on tax administration – OECD FTA announces ICAP 2.0 – UN Subcommittee issues paper on digital taxation  

OECD holds consultation on tax challenges of digitalization, with aggressive 2020 deadline – IRS issues proposed Section 250 regulations on computing FDII and GILTI deduction – Final GILTI regulations coming by summer, PTI regs by late summer / early fall – IRS releases final FATCA regulations on compliance and verification procedures – EU comments on US Section 59A BEAT regulations – IRS APMA releases Functional Cost Diagnostic Model for certain APAs – IRS requiring TP teams to consult with APMA in certain cases – IRS releases 2018 APA results – US, India sign CbC exchange agreement – OECD releases beneficial ownership toolkit

US Treasury official comments on OECD international tax deliberations – US supports global efforts to adopt corporate minimum tax – US government may miss June 2019 deadline to finalize TCJA international regulations – Final Section 965 regulations clarify filing Form 965-A or 965-B with transfer agreements – IRS LB&I requiring transfer pricing teams to consult with APMA – OECD opens public consultation on tax challenges from digitalization of the global economy – OECD releases fifth batch of peer reviews on BEPS Action 14 – OECD releases first annual peer review on BEPS Action 6

Tax agenda uncertain in new Congress -- Final IRS Section 965 transition tax regulations largely follow proposed rules, but include significant changes -- IRS releases final Form 8990 and instructions -- Argentine inflation may have US tax considerations for taxpayers with Argentine operations -- OECD releases policy note addressing tax challenges of digitalization -- OECD issues 2018 progress report on preferential regimes -- OECD BIAC issues tax principles for digital economy

US Congress fails to enact year-end tax legislation – JCT issues ‘Blue Book’ on 2017 Tax Cuts and Jobs Act – IRS issues proposed regulations on Section 59A BEAT – IRS issues proposed regulations on foreign persons’ taxable gain on sale of partnership interestes engaged in US business -- IRS issues proposed hybrid dividends / entities regulations – IRS announces future foreign corporate PTEP regulations – IRS issues proposed FATCA regulations – Treasury grants another FBAR extension – Puerto Rico enacts tax reform -- OECD publishes tax report to G20 leaders – OECD releases second annual peer report on BEPS Action 5

Congress returns for lame-duck session; year-end tax bill taking shape – IRS releases proposed regulations and related guidance on interest expense limitation under Section 163(j) – IRS issues proposed foreign tax credit regulations – IRS releases draft Form 8990, Limitation on Business Interest Expense under Section 163(j) – Taxpayers told to expect more ‘informal’ guidance, including on cryptocurrencies – IRS adds four new LB&I international compliance campaigns – US, Japan sign CbCR information exchange arrangement – Netherlands to repeal decree re: US-Netherlands tax treaty regarding hybrid entities – OECD issues guidance on MLI synthesized texts, MLI entry into effect – OECD updates results on preferential tax regimes, substantial activity requirements for no/nominal tax jurisdictions – OECD begins new BEPS Action 14 minimum standard review of additional jurisdictions

Most TCJA international proposed regulations out by year-end -- IRS proposed rules would reduce Section 956 inclusions for certain domestic corps owning stock in foreign corps -- IRS announces changes to Section 965 transition tax rules affecting basis election deadline, aggregate foreign cash position -- 2018 QI, W/H foreign partnership and W/H Foreign Trust application deadline 16 November 2018 -- IRS issues guidance for REITs on certain income inclusions from foreign corps -- IRS to move on W/H tax campaigns in 2019 -- US reaffirms opposition to unilateral digital tax measures -- US, Israel to review updating tax treaty -- OECD on track for digital tax framework -- OECD releases 2017 MAP statistics

US House approves ‘tax reform 2.0’ legislation – US government issues proposed GILTI regulations – Treasury and IRS propose removing Section 385 debt/equity documentation requirements -- IRS releases draft Form 8991 for TCJA’s BEAT – IRS grants relief to RICs from Section 4982 excise tax for Section 965 inclusions – IRS to delay Section 871(m) regulations effective / applicability date two years – IRS issues guidance on REITS on income inclusions from foreign corporations -- IRS announces new compliance campaigns – OECR issues more CbCR guidance, updated exchange relationships

US Treasury releases proposed Section 965 regulations on repatriation transition -- IRS proposed GILTI regs under review by OMB; draft GILTI and FDII forms released -- IRS announces upgrades to FATCA Registration System – US Tax Court holds upstream loan between CFCs was bona fide debt, later transfer of proceeds to US shareholders nontaxable return of capital - DC Circuit rejects per se bar on bearer shares under Section 883 income exclusion for international shipping and aircraft corporations - Ninth Circuit withdraws opinion reversing Tax Court in Altera — US Tax Court rules Section 1446 W/H tax liability is a partnership item -- Eighth Circuit vacates Tax Court opinion in Medtronic, remands to Tax Court for further consideration -- OECD releases fourth batch of peer review reports on Action 14

US House Republicans release tax reform 2.0 framework -- IRS issues final anti-corporate inversion regulations -- Proposed repatriation transition tax regulations release imminent; Treasury official offers insights on other international projects -- IRS denies DRD to affiliated group by treating swap on stock index as SSRP regarding single issue of stock -- IRS announces additional international compliance campaigns -- Treasury FATCA report finds fault with IRS -- New IRS guide on transfer pricing examinations released -- OECD releases draft on transfer pricing aspects of financial transactions -- OECD Secretary-General sends G20 finance ministers annual BEPS progress report

US Congressional leaders talk tax reform 2.0 -- US Supreme Court overturns physical presence nexus standard; major implications for sales to the United States -- IRS updates Section 965 transition tax FAQs to include late-payment penalty, filing relief -- IRS announces additional delay of Section 987 FX regulations -- US officials offer TCJA international regulatory update -- IRS finalizing 2016 proposed FATCA regulations; portal for certifications this summer -- OECD issues guidance on hard-to-value intangibles, transactional profit split method -- OECD not in competition with EU on digital taxation, official says

US officials offer insights, timelines on upcoming TCJA guidance -- House Republicans, Trump Administration discuss ‘phase-two’ tax reform -- IRS announces forthcoming regulations expanding Section 956 exception to definition of US property -- Final anti-inversion rules may be released in June – US government releases offer timing for TCJA international tax guidance -- IRS announces new template for APAs -- OECD releases first annual peer review report (Phase 1) on Action 13 -- OECD may revise Transfer Pricing Guidelines -- UN releases updated Model Tax Treaty

Treasury, OMB announce tax regulatory review agreement – IRS notice offers some clarity on new Section 163(j) business interest expense limitation – IRS Notice 2018-26 announces anti-avoidance rules, other regulations on Section 965 transition tax – US issues CbC reporting guidance for specified national security contractors – IRS issues interim guidance under new Section 1446(f) for sales of interests in non-publicly traded partnerships – IRS considering BEAT aggregation rules as applied to control groups – IRS to release final FATCA regulations shortly – US, Indonesia sign MOU on CbC reporting – US, Costa Rica sign TIEA.

Congressional Republicans, Trump Administration look to ‘phase 2’ tax reform -- US opposes taxes singling out digital economy -- IRS issues FAQ guidance on Section 965 transition tax -- IRS expands ‘no TIN” list in Notice 2018-20 -- FATCA-related publications released -- IRS issues annual APA report for 2017; substantial uptick in Indian APA filings -- OECD releases third batch of peer review reports on Action 14 -- OECD releases interim report on tax challenges from digitalization -- BEPS Multilateral Convention to enter into force on 1 July 2018 -- OECD releases more guidance on attribution of profits to PEs.

US government moving forward with TCJA international guidance, two more transition notices expected -- IRS guidance under new Section 965 prevents certain foreign corporations from making accounting period changes -- New guidelines issued for delinquent Forms 1120-F and waiver requests -- Treasury may delay Section 987 branch currency regulations until 2020 -- IRS updates Priority Guidance Plan with some TCJA international provisions -- IRS assumes major role in OECD’s International Compliance Assurance Program -- IRS announces increase in user fees for unilateral and bilateral APAs -- OECD releases additional CbCR guidance, country approaches to CbC reporting

US Treasury addresses TCJA guidance -- IRS begins filling in details on TCJA’s new Section 965 transition tax on foreign earnings -- Treasury grants yet another extension of time for reporting signature authority (FBAR, Form 114) over certain foreign financial accounts -- IRS LB&I issues instructions for examiners on transfer pricing selection issues -- IRS limits use of mandatory transfer pricing IDR, instructs examiners on penalties in TP cases -- OECD launches International Compliance Assurance Program pilot.

US enacts comprehensive tax reform; revamps international tax rules -- Tax accounting among top issues following enactment of US tax reform -- EU officials reviewing US international tax reform measures -- IRS issues guidance on transition tax on foreign earnings -- IRS proposed regulations may alleviate foreign currency tax asymmetries for CFCs, provide new mark-to-market election for certain FX transactions -- IRS suspends withholding obligations under TCJA’s new Section 1446(f) -- IRS issues proposed regulations on international rules under BBA partnership audit regime -- OECD releases second batch of peer review report on BEPS Action 14 -- OECD releases first annual peer review report on BEPS Action 5 -- OECD invites taxpayer input on fourth batch of peer reviews of BEPS Action 14

US House and Senate pass competing tax reform bills – IRS concludes GRA becomes fixed on date of initial transfer – IRS may not complete planned competent authority agreements for CbCR by year end – US-Argentina tax information exchange agreement in force – IRS outlines additional international tax compliance initiatives – US to appeal ruling IRS violated APA regarding anti-inversion regulations – OECD releases additional CbCR guidance – OECD issues 2016 MAP statistics – OECD Council approves 2017 update to Model Tax Convention – OECD holds second consultation on attribution of profits to PEs, and profit splits – OECD publishes updated TP country profiles

US Congress gains momentum on tax reform; House W&M releases reform bill – Treasury outlines future actions on international regulations under Executive Order review -- Treasury to delay application of final Section 987 regulations by one year -- Treasury / IRS 2017-2018 Priority Guidance Plan shifts focus to reducing burdens and complexity -- OECD publishes two handbooks on CbCR - OECD releases progress report on preferential regimes under BEPS Action 5