Inbound Structuring for U.S. Real Estate in a Post-2017 Tax Cut and Jobs World

Inbound Structuring for U.S. Real Estate in a Post-2017 Tax Cut and Jobs World

Tax Law
By Anthony Diosdi As a general matter, the Internal Revenue Code imposes a 30 percent withholding tax on U.S. sourced payments of interest to foreign persons if such interest income is not effectively connected with a U.S. trade or business of the payee. See IRC Sections 871(a)(1), 881(a)(1). U.S. payors of interest subject to this 30 percent withholding tax are required to withhold the 30 percent tax from the interest otherwise payable to the non-U.S. person and pay it to the Internal Revenue Service (“IRS”). Interest paid to foreign persons with respect to certain “portfolio debt instruments” is not subject to withholding tax. Portfolio interest received by a foreign corporation or nonresident alien individual is exempt from U.S. withholding tax. See IRC Sections 1441(c)(9) and 1442(a). Congress enacted the portfolio…
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