Selected US Tax Developments: Perhaps Forgiveness Truly Is Divine

Pursuant to the common law in the United States, a sole shareholder that purports to transfer assets to a corporation for no consideration may be deemed to have received stock of the corporation for US tax purposes. The Internal Revenue Service has taken the view that stock of the corporation similarly should be deemed to have been issued to a sole shareholder that purports to forgive, for no consideration, accrued but unpaid interest owed to it by the corporation. While this approach may avoid abuse in certain circumstances, it may also present an opportunity for Canadian parent corporations that are owed interest by their US subsidiaries.

Authors

Publication Details

Journal
Canadian Tax Journal/Revue fiscale canadienne
Published
2024-08-01
DOI
https://doi.org/10.32721/ctj.2024.72.2.ustd
Primary Topic
Corporate Taxation and Avoidance
Type
article
Field-Weighted Citation Impact
0.00
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article

Selected US Tax Developments: Perhaps Forgiveness Truly Is Divine

Michael J. Miller
Canadian Tax Journal/Revue fiscale canadienne
Corporate Taxation and Avoidance
article

Selected US Tax Developments: Perhaps Forgiveness Truly Is Divine

Michael J. Miller
article en

Abstract

Pursuant to the common law in the United States, a sole shareholder that purports to transfer assets to a corporation for no consideration may be deemed to have received stock of the corporation for US tax purposes. The Internal Revenue Service has taken the view that stock of the corporation similarly should be deemed to have been issued to a sole shareholder that purports to forgive, for no consideration, accrued but unpaid interest owed to it by the corporation. While this approach may avoid abuse in certain circumstances, it may also present an opportunity for Canadian parent corporations that are owed interest by their US subsidiaries.

Canadian Tax Journal/Revue fiscale canadienneVol. 72(2)
Peace, Justice and strong institutions
Openalex Percentile: Top 80%
Corporate Taxation and Avoidance
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Selected US Tax Developments: Perhaps Forgiveness Truly Is Divine — Michael J. Miller · Canadian Tax Journal/Revue fiscale canadienne (2024) | TGRS Research Map | TGRS