Arkansas Democrat-Gazette

Companies await foreign tax guidance

- LAURA DAVISON, LYNNLEY BROWNING AND ALLYSON VERSPRILLE BLOOMBERG NEWS

U.S. companies anxiously awaiting guidance on how hard they will be hit by a new foreign levy in the tax overhaul will have to stay tuned for at least another two months.

The Internal Revenue Service proposed 157 pages of regulation­s on Thursday that provide some details on which assets are subject to the tax on global intangible low-tax income and how to calculate it. But one of the most pressing questions — to what extent multinatio­nal companies can use foreign tax credits and business expenses to offset the levy — remained unanswered.

“It’s a very big deal that the [Federal Trade Commission] and expense-allocation issues have been left out,” said Andrew Silverman, a Bloomberg Intelligen­ce analyst who focuses on tax policy. The regulation­s are “not a great answer for companies that are essentiall­y left in limbo.”

The rules provide a starting point for companies to calculate what they owe. Without the additional informatio­n, however, they still won’t be able to reach a level of comfort to complete tax returns and file documents with the Securities and Exchange Commission, Silverman said.

The foreign levy effectivel­y sets a 10.5 percent rate to apply to a company’s “excess” profits earned overseas through some of its foreign subsidiari­es.

The tax on global intangible low-tax income was intended to prod American technology and pharmaceut­ical companies into holding their valuable intellectu­al properties in the U.S. Currently, many hold their patents in subsidiari­es in Ireland or other low-tax countries. The tax is intended to apply only in cases where a company’s cumulative overseas tax bill is below 13.125 percent, or 16.4 percent after 2025.

However, tax lawyers and accountant­s say quirks in the way the tax is calculated mean it will likely hit other companies, such as big banks with offshore operations, even when they already pay effective foreign tax rates above the threshold.

Corporatio­ns don’t want to underestim­ate their foreign liability because they could be hit with a penalty if they pay too little in their quarterly tax installmen­ts to the IRS. Treasury officials said during a call with reporters Thursday that the additional guidance will come in about 60 days.

The Republican tax overhaul slashed the corporate rate to 21 percent from 35 percent, shifting the U.S. to a system of taxing its companies on their domestic profits only. Those changes required guardrails — such as the tax on global intangible low-tax income — to ensure multinatio­nals pay at least something on their future overseas profits.

The piecemeal guidance process — and the lack of understand­ing about the ultimate amount of tax that will be paid until all the parts are finalized — underscore­s the complexity of the tax law’s internatio­nal provisions.

Tax advisers have been modeling the effects of the new law for their multinatio­nal clients. Because many of the new provisions are interconne­cted, however — and because implementa­tion may be governed by old tax regulation­s still on the books — they are able only to estimate the amount of tax due.

That’s been a frustratio­n for many publicly traded companies and their investors, who are anxious to understand how the new tax law affects them.

Companies are hesitant to record a tax hit that they don’t think they should pay, so they’re waiting for the clarificat­ion in the regulation­s, said Brent Felten, managing director of internatio­nal tax at accounting firm Crowe.

Still, Thursday’s regulation­s signal that some good news may lie ahead for multinatio­nals. The rules indicate that companies can “gross up” their foreign income by the amount of foreign tax paid — a move that would result in a lower tax bill, said Mitch Thompson, a tax partner at Squire Patton Boggs.

“It’s taxpayer friendly,” Thompson said.

Bank lobbyists have urged Treasury to come up with a fix that would lessen the pain from the foreign levy, saying an adjustment is needed to make the tax consistent with the intent of Republican lawmakers who wrote the legislatio­n.

Even after the foreign tax credit question is answered, companies will still be trying to figure out how they fare under the new internatio­nal tax rules.

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