The base erosion and anti-abuse tax, known as BEAT, was enacted as part of the Tax Cuts and Jobs Act of 2017 to discourage U.S. and foreign corporations from avoiding tax liability by shifting profits out of the U.S. BEAT is a minimum tax rate of 10% that applies to certain multinational corporate taxpayers that make base erosion payments to foreign related parties. Sometimes referred to as a new alternative minimum tax, BEAT increases tax liability for U.S. corporations and U.S. branches of non-U.S. corporations.

For decades, international tax planning for U.S. corporations often included reducing their U.S. tax liability by shifting assets to an affiliate in another jurisdiction. Those companies would then pay an affiliate to use the assets, such as patents or other intellectual property, in the U.S. This corporate tax planning strategy would increase costs and reduce profits, therefore reducing their tax liability in the process. The U.S. previously tried to limit this practice by regulating transfer prices between companies, but the IRS found this hard to enforce. BEAT targeted these and other similar planning structures.

[Download our BEAT Final Regulations OnPoint for a more detailed look at modifications and key takeaways from the final BEAT regulations issued by the IRS.]

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