White House Reviewing Foreign Corporation Proposed Rules

The Office of Information and Regulatory Affairs is reviewing a set of proposed rules affecting foreign corporations, which incorporates changes in the 2017 overhaul.

The guidance (RIN 1545-BP62) involves Section 954(b)(4), regarding high-taxed Subpart F income, and Section 964, which lays out how to determine the earnings and profits of a foreign corporation.

• The 2017 tax law created a category of income called global intangible low-taxed income (GILTI). OIRA is also reviewing final rules on an opt-out from the GILTI regime. Income considered high-taxed under Subpart F is excluded under the GILTI opt-out.
• OIRA began reviewing the guidance ...