The basic framework and purpose of the tax provisions of a Credit Agreement are the foci of this article. In particular, the article discusses a lender's concerns in negotiating the tax provisions of a Credit Agreement

On January 26, 1993, the United States and Israel signed a protocol to the income tax convention between the two countries which had been signed on November 20, 1975 (the "Proposed Treaty"). Although the Proposed Treaty had been amended by an earlier protocol signed on May 30, 1980 (the "First...

Recent developments in the reorganization area have altered the landscape as to the scope of the nonrecognition provisions with regard to differing equity instruments. The Treasury Department has recently taken a step forward by promulgating regulations which reverse the long standing position...

Due to the Lack of A Tax-Sparing Provision, the Treaty Does Not Reduce Taxes For U.S. Investors, and For Many, Operating Through A Branch Will Continue to be the Best Option. Israel and the U.S. began negotiations on a tax treaty almost 30 years ago. Two treaties signed in the 1960s never...

Inversion or expatriation transactions are often prompted by financial institutions, such as private equity owners and hedge funds that own or control companies in which they have invested and that desire to reduce U.S. corporate taxes they must pay. This article explains the basic steps and...

This paper describes some of the possible structuring alternatives a foreign investor may use to limit his or her U.S. tax exposure with respect to the ownership and subsequent disposition of U.S. real estate. In explaining the structures, this paper also describes some of the relevant U.S....

The Service's assault on back-to-back royalties was dealt a serious blow by a recent Tax Court decision which suggests that royalties paid by one foreign person to another cannot ever be U.S.-source income even if the rights are licensed for use in the U.S. The court expressed concern with...

This article describes the basic principles of U.S. federal income tax liability under the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) and the withholding mechanism that ensures collection of the tax. In addition, it sets forth some structuring alternatives to limit a foreign...

The authors analyze the regulations proposed in September 2003 and offer suggestions for making the Service's approach more workable.Proposed regulations issued in September 2003 provide rules for the implementation of Section 1446's requirement that a partnership pay to the IRS taxes on behalf...

Until recently, foreign persons could enter into transactions that were economically similar to investment in U.S. stocks or securities but avoid the U.S. withholding tax that would have been owed on any payment of dividends or interest had such persons actually acquired U.S. stock or...