In the past, there has been uncertainty regarding certain IRS interpretations of the dual consolidated loss (DCL) regulations, creating an unintended trap for companies using disregarded entities (DRE's) to conduct foreign operations. It is argued that 'trap' is more of a fictional concern rather than real issue. The IRS’s proposed clarification, which excludes certain disregarded items from DCL calculations, is questioned for its legal shortcomings and challenges.
In this article, A&M Tax Senior Advisor examines the potential tax implications of the DCL regulations and dives further into the perceived issues involving disregarded entities.
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Supreme Court clarifies the Scope of Deduction of Head Office Expenditure for Non-Residents as enshrined under section 44C of the Income Tax Act, 1961
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The Supreme Court of India (SC) has pronounced a landmark judgment (the Ruling) in the case of American Express Limited and Oman International Bank (the Taxpayers), which will have a significant impact on non-residents operating in India through a branch structure.
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New Decree sets a 2% Capital Transfer Tax on gross proceeds for foreign sellers, outlines exclusions, and leaves open issues on taxing point.
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Malaysia redefines Capital Gains Tax 'disposal' to include share ownership cessation, affecting M&A, restructuring, and exit planning. Effective Jan 1, 2026.
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Indian and French governments are in the closing stages of finalizing the revised Double Taxation Avoidance Agreement (DTAA or Tax Treaty).
