Subpart F Income of Controlled Foreign Corporations | U.S. Taxation

Sdílet
Vložit
  • čas přidán 30. 11. 2020
  • U.S. companies have an incentive to shift profits to subsidiaries in low-tax countries. Congress has passed laws to prevent this; one way is by taxing Subpart F income of controlled foreign corporations as a constructive dividend.
    A controlled foreign corporation (CFC) is a non-U.S. corporation in which at least 50% of (a) the combined voting power of all voting stock or (b) the total value of all stock is owned by U.S. shareholders (a U.S. shareholder is a U.S. person or company that owns at least 10% of the foreign corporation's voting stock).
    When the CFC has Subpart F income, a U.S. shareholder will be taxed on their pro rata share of the Subpart F income, regardless of whether they receive a distribution. Subpart F income includes:
    (1) foreign personal holding company income (royalties, interest, dividends, rent, annuities)
    (2) foreign base company sales income (sales made to customers outside the CFC's country when a related party is involved and the CFC has little connection to the income)
    (3) foreign base company services income (income from services performed for a related party outside the CFC's country)
    For example, assume that a U.S. company owns 60% of the voting stock of an Irish subsidiary (the Irish subsidiary is thus a controlled foreign corporation). If the Irish subsidiary has $200,000 of interest income, this interest income would be considered Subpart F income. The U.S. company would be taxed on its pro rata share, which is $120,000 (60% * $200,000). The $120,000 would be taxable to the U.S. corporation as ordinary income (whether or not it receives a distribution) and the U.S. corporation would not receive a dividends received deduction.-
    Edspira is the creation of Michael McLaughlin, an award-winning professor who went from teenage homelessness to a PhD. Edspira’s mission is to make a high-quality business education freely available to the world.
    -
    SUBSCRIBE FOR A FREE 53-PAGE GUIDE TO THE FINANCIAL STATEMENTS, PLUS:
    • A 23-PAGE GUIDE TO MANAGERIAL ACCOUNTING
    • A 44-PAGE GUIDE TO U.S. TAXATION
    • A 75-PAGE GUIDE TO FINANCIAL STATEMENT ANALYSIS
    • MANY MORE FREE PDF GUIDES AND SPREADSHEETS
    * eepurl.com/dIaa5z
    -
    SUPPORT EDSPIRA ON PATREON
    * / prof_mclaughlin
    -
    GET CERTIFIED IN FINANCIAL STATEMENT ANALYSIS, IFRS 16, AND ASSET-LIABILITY MANAGEMENT
    * edspira.thinkific.com
    -
    LISTEN TO THE SCHEME PODCAST
    * Apple Podcasts: podcasts.apple.com/us/podcast...
    * Spotify: open.spotify.com/show/4WaNTqV...
    * Website: www.edspira.com/podcast-2/
    -
    GET TAX TIPS ON TIKTOK
    * / prof_mclaughlin
    -
    ACCESS INDEX OF VIDEOS
    * www.edspira.com/index
    -
    CONNECT WITH EDSPIRA
    * Facebook: / edspira
    * Instagram: / edspiradotcom
    * LinkedIn: / edspira
    -
    CONNECT WITH MICHAEL
    * Twitter: / prof_mclaughlin
    * LinkedIn: / prof-michael-mclaughlin
    -
    ABOUT EDSPIRA AND ITS CREATOR
    * www.edspira.com/about/
    * michaelmclaughlin.com

Komentáře • 15

  • @mattjohnson7132
    @mattjohnson7132 Před 2 lety +5

    Great video. Only correction is it must be "more than 50%." If only 50% is owned by US shareholders, you are in the clear.

  • @stephichang3615
    @stephichang3615 Před 3 lety +6

    Explained very clear in a simple way! Thank you. Waiting for the Subpart F exceptions video.

  • @nathan23ftw
    @nathan23ftw Před 3 lety +3

    Great stuff. Learned this in school during my Masters of Accounting program

    • @Edspira
      @Edspira  Před 3 lety +2

      Glad it brought back some good memories!

  • @w0rld_d
    @w0rld_d Před 3 lety +1

    Thank you!

  • @jossieco
    @jossieco Před 2 lety

    Love it. Thanks

  • @laketahoe79
    @laketahoe79 Před 4 měsíci

    what's the downward attribution rule when a foreign company owns a US subsidiary?

  • @ideasinfinite9209
    @ideasinfinite9209 Před 2 lety +3

    Good summary but I think you meant “at least 51% (or more than 50%) to be a CFC”

  • @johnmotto2158
    @johnmotto2158 Před 3 lety

    Thanks for creating. As always, this video is great! Hypothetically, in this example, if the Irish CFC were to resell the toys in Ireland would the revenue still be considered subpart f income? thanks

    • @redacted3799
      @redacted3799 Před rokem

      Unlikely, in that case, the income would be active business income which is an exception to the subpart F regime.

  • @elishevazeitlin5951
    @elishevazeitlin5951 Před rokem +1

    Isn't the foreign base company sales and services income now be taxed as GILTI?

    • @redacted3799
      @redacted3799 Před rokem

      No, I don't think so. GILTI taxes active income which by definition is excluded from subpart F income.

    • @alecstivers6604
      @alecstivers6604 Před měsícem

      @@redacted3799 Yes. The way I was taught - ordering rules - subpart f first, then GILTI.

    • @richardparchment275
      @richardparchment275 Před měsícem

      ​@@alecstivers6604 correct