International Tax

U.S.-to-Foreign Transfer Under Section 367(a) (Portfolio 6100)

  • Bloomberg Tax Portfolio, U.S.-to-Foreign Transfer Under Section 367(a), No. 6100, describes in detail the statutory and regulatory rules of §367(a), one of the fundamental international tax provisions that addresses outbound transfers of property, as well as the related reporting provisions of §6038B.

The Portfolio begins with a discussion of the general rule of §367(a) and its basic requirements as well as the consequences in the event it is triggered. Then, the Portfolio examines various exceptions to the application of the general rule, including for transfers of stock or securities. Finally, the Portfolio concludes with a summary of the reporting requirements under §6038B, and the coordination rule with §367(b). This Portfolio highlights changes to §367(a) as a result of the 2017 tax act, more commonly referred to as the Tax Cuts and Jobs Act (TCJA) (Pub. L. No. 115-97).

Table of Contents

I. Roadmap
II. The General Rule of §367(a)(1)
III. Transfers of Tangible Property
IV. Transfers of Stock or Securities
V. Outbound Reorganizations — §367(a)(4) (Formerly §367(a)(5))
VI. Reporting
VII. Interaction Between §367(a) and §367(b)

Rafic Barrage
Baker & McKenzie LLP
Daniel Stern
Baker & McKenzie LLP
Katie Marcusse
Baker & Mckenzie LLP
Join our Tax Regulatory Alerts for breaking news

By clicking submit, I agree to the privacy policy.