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

Rafic Barrage


Baker & McKenzie LLP

Daniel Stern


Baker & McKenzie LLP

Katie M.B. Marcusse


Baker & Mckenzie LLP

At a glance

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)


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).

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