Qualification of Taxable Entities and Treaty Protection
99b Cahiers de droit fiscal international 859 (2014)
25 Pages Posted: 27 Apr 2014 Last revised: 26 Jul 2014
Date Written: April 25, 2014
This report was prepared for the 2014 International Congress of the International Fiscal Association. The general reporters for the Congress asked IFA branches around the world to prepare a report designed to provide information on how countries address (1) the question of when domestic and foreign entities are treated as transparent or taxable and (2) conflicts between different countries’ treatment of entities as transparent or taxable for treaty purposes. This report constitutes the IFA U.S.A. Branch’s submission to the general reporters.
The report is divided into two sections. The first section of the report provides a general description of how both domestic and foreign entities are classified under U.S. federal tax law. The second section of the report focuses on how the United States deals with conflicts in entity classification when applying tax treaties. This section of the report consists of an analysis of a series of different scenarios posed by the general reporters to all IFA branches where different countries classify the same entity differently (i.e., one or more countries treat the entity as taxable while one or more other countries treat the entity as transparent).
Keywords: tax, treaty, taxable, transparent, entity, classification, hybrid, foreign tax credit
JEL Classification: H25, H87, K34
Suggested Citation: Suggested Citation