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International Corporate Tax Update: Repatriation & the Characterization of Debt Instruments



As we enter a new year and – with it – a new administration in the White House, there are some compelling tax policy changes being proposed that could significantly change the international tax landscape, and there are significant changes to cross border financing of groups that need to be addressed.This seminar will discuss two of the most pressing issues that may affect Transatlantic business activities in 2017.


What are the proposed changes and how would they impact transatlantic business?

Concrete topics of discussion will include:

The move to a territorial tax system v. maintenance of current system, with denial of deferral w/reduced rate.
Past European experience with respect to moving to a territorial tax system.
Possible impact on the repatriation of offshore earnings
Will it be elective or mandatory?
Does it matter how the earnings are invested?
Can you change the investment mix now?
Impact on M&A transactions
Being prepared – discussion of E&P parameters
Impact of proposal to repatriate offshore earnings on recent EU legislation
Border Adjusted Tax – what is it and how might it impact international supply chain structures
Is it WTO compliant?
What is the European view?


Debt-Equity Regulations: Managing The Impact Of Section 385

On October 13, 2016, the Treasury Department and IRS released final and temporary section 385 regulations – addressing the characterization of debt instruments as debt or equity for U.S. tax purposes. The impact is felt most significantly in inbound related party financing – foreign entities lending to related US borrowers. Our panel will address when the regulations apply, and their impact.Topics to be addressed will include:
When do the regulations apply to convert debt into equity?
What’s the interaction of the inter-company borrowing and profit repatriation?
What are the financial costs if the conversion occurs?
Documentation requirements.



James Robbins, JD, LLM, Tax Partner, Marks Paneth LLP (moderator)
Joan C. Arnold, Partner, Pepper Hamilton LLP
Michiel van Kempen, Tax Partner, Loyens & Loeff (USA) B.V.


8:00 – 8:30 AM Check in
8:30 – 10:00 AM Program
10:00 – 10:30 AM Networking


EACC NY Members: Free of Charge
Non-EACCNY Members: Free of Charge


This program will be hosted at the offices of: 


Marks Paneth LLP
685 Third Avenue
New York, NY

2017-04-27 08:00:00 2017-04-27 10:30:00 America/New_York International Corporate Tax Update: Repatriation & the Characterization of Debt Instruments European Union Delegation in the US: International Corporate Tax Update: Repatriation & the Characterization of Debt Instruments Marks Paneth LLP, 685 Third Avenue, New York European Union Delegation in the US delegation-usa-info@eeas.europa.eu
April 27, 2017

8:00 AM - 10:30 AM

Marks Paneth LLP,
685 Third Avenue,
New York 
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