Table of Contents

59A - Base Erosion Anti-Abuse Tax ("BEAT")

• BEAT Overview (2021)

163(j) - Limit on Business Interest

• Interest Expense Limitation Under IRC 163(j) for CFCs Post-TCJA (2023)
• Interest Expense Limitation Computation under §163(j) (2016) (old law)

245A - Dividend Received Deduction

• Dividend Received Deduction Overview (2022)

1.267(a)(3) - Amounts Owed to Related Foreign Persons

• Int. Exp. Limitation on Rel'd Foreign Party Loans Under IRC 267(a)(3) (2023)

367 - Outbound, Inbound, & Foreign-to-Foreign Corporate Transfers

• Foreign-To-Foreign Transactions (2015)
• Inbound Liquidation of a Foreign Corp into a U.S. Corporate Shareholder (2015)
• Outbound Liquidation of US Corp to Foreign Parent (2014)
• Outbound Transfers of Property to Foreign Corporation (2014)
• Outbound Transfer of Foreign Stock (2016)
• Outbound Transfer of Domestic Stock (2016)
• Outbound Transfer of Foreign Stock Followed by Check-The-Box Election (2016)
• Deemed Annual Royalty Income Under 367(d) (2015)
• 367(d) Transactions in Conjunction with Cost Sharing Arrangements (2017)
• Identifying Foreign Goodwill or Going Concern (2016)

385 - Debt vs. Equity

• Dividend Distribution with a Debt Issuance (2023)

453 - Installment Method

• Installment Method (2020)
• 453A Interest on Deferred Tax Liability (2021)

482 - Transfer Pricing

     General

• • Overview of 482 (2015)
  • Three Requirements of 482 (2016)
  • Arms Length Standard (2014)
  • Taxpayer's Affirmative Use of 482 (2016)
  • Comparison of the Arm’s Length Standard with Other Valuation Approaches - Inbound (2016)
  • Comparison of the Arm’s Length Standard with Other Valuation Approaches - Outbound (2016)
  • Calculating the Net Adjustment Penalty for a Substantial Valuation Misstatement (2016)

     Distributors

• • Best Method Determination for an Inbound Distributor (2014)
  • Inbound Resale Price Method Routine Distributor (2016)

     Tangible Goods

• • Comparability Analysis for Tangible Goods Transactions Inbound (2014)
  • Comparability Analysis for Tangible Goods Transactions Outbound (2014)
  • Purchase of Tangible Goods from a Foreign Parent CUP Method (2014)
  • Sale of Tangible Goods from a CFC to a USP CUP Method (2014)
  • Accounting for Intangibles and Services Associated with the Sale of Tangible Property - Outbound (2015)

     Services

• • Management Fees (2014)
  • Outbound Services by US Companies to CFCs (2016)
  • Services Cost Method Inbound Services (2014)
  • High Value Services: Technical and Marketing Fees - Inbound (2017)
  • Foreign Shareholder Activities and Duplicative Services (2014)

     Cost Sharing Arrangements

• • Cost Sharing Arrangements With Stock BAsed Compensation (2020)
  • Cost Sharing Arrangements vs Licensing Alternative (2014)
  • Pricing of Platform Contribution Transaction in Cost Sharing Arrangements Initial Transaction (2014)
  • Pricing of Platform Contribution Transaction (PCT) in Cost Sharing Arrangements (CSA) Acquisition of Subsequent IP (2016)
  • Distinguishing Between Sale License and other Transfers of Intangibles to CFCs by US Transferors (2014)
  • Change in Participation in a Cost Sharing Arrangement (CSA) - Controlled Transfer of Interest and Capability Variation (2016)

     482 Inbound & Outbound Pairs

• • Advance Pricing Agreement for Tangible Goods Transactions - Inbound (2017)
  • Advance Pricing Agreement for Tangible Goods Transactions - Outbound (2017)
  • Comparison of the Arm’s Length Standard with Other Valuation Approaches - Inbound (2016)
  • Comparison of the Arm’s Length Standard with Other Valuation Approaches - Outbound (2016)
  • Common Ownership or Control Under 482 - Inbound (2017)
  • Common Ownership or Control Under 482 - Outbound (2017)
  • CPM Simple Distributor Inbound (2014)
  • CPM Simple Distributor Outbound (2014)
  • License of Foreign Owned Intangible Property by US Entity (2014)
  • License of Intangible Property from U.S. Parent to a Foreign Subsidiary (2015)
  • Review of Transfer Pricing Documentation by Inbound Taxpayers (2014)
  • Review of Transfer Pricing Documentation by Outbound Taxpayers (2016)
  • Residual Profit Split Method - Inbound (2016)
  • Residual Profit Split Method - Outbound (2016)
  • Revenue Procedure 99-32 Inbound Guidance (2016)
  • Revenue Procedure 99-32 Outbound Guidance (2014)

671-679 - Foreign Grantor and Non-Grantor Trusts

• Taxation of Beneficiary of a Foreign Non-Grantor Trust (2023)
• Defining the Entity - Foreign Trusts (2015)
• Foreign Grantor Trust Determinations - Part I - Section 679 (2015)
• Foreign Grantor Trust Determinations - Part II - Sections 671-678 (2015)

701-777 - Partnerships

• Partner’s Outside Basis (2021)
• Recourse and Nonrecourse Liabilities (2020)
• Determining Liability Allocations (2020)
• Liquidating Distributions of a Partner’s Interest in a Partnership (2021)
• 721(c) Transfers of Property to Partnerships with a Related Foreign Partner (2021)

861-865 - Source of Income & Expenses

• Sourcing of Income (2017)
• FDAP Payments - Source of Income (2016)
• Sourcing of Salary and Compensation (2015)
• Sourcing of Multi-Year Compensation Including Stock Options (2016)
• Allocation and Apportionment of Deductions for NRA Individuals (2016)
• Section 861 Home Office and Stewardship Expenses (2014)
• Sourcing of Exchange Gains or Losses in Currency Transactions (2017)
• Sourcing of Fringe Benefits for FTC Limitation (2015)
• Source of Income for Nonresident Alien Individuals (2019)

864 - Effectively Connected Income ("ECI")

• Identification of a U.S. Trade or Business of a Nonresident Alien (2015)
• Deferred Compensation of NRAs (2022)
• Effectively Connected Income (ECI) (2015)
• Gross Effectively Connected Income (ECI) of a Foreign Corp (Non-Treaty) (2016)
• General Deductions of a Foreign Corp Engaged in U.S. Trade or Business (Non Treaty) (2018)
• Examining Education Expenses Claimed by NRA Employees (2021)
• Hedge Fund Basics (2017)

871/881 & 1441/1442 - Fixed, Determinable, Annual, or Periodical ("FDAP") Income

• Overview of FDAP (2014)
• FDAP Income (2016)
• Non-Services FDAP Income (2016)
• FDAP Withholding Under Chapter 3 (2016)
• Portfolio Debt Exemption - Requirements and Exceptions (2016)
• Verifying Refund Requests of 1441 Withholding on FDAP Income (2017)
• FDAP Statistical Sampling in the Audit of a U.S. Withholding Agent (2020)

882 & 884 - Foreign Corporations, Branch Taxes & Interest Allocation

• 1120-F Delinquent Returns - Filing Deadline Waiver Process (2022)
• Branch Profits Tax Concepts (2014)
• Branch-Level Interest Tax Concepts (2015)
• Interest Expense of a Foreign Corp Engaged in a U.S. Trade/Business (Non-Bank, Non-Treaty) (2016)
• Interest Expense of US Branch of a Foreign Bank Non-Treaty (2016)

894 - Tax Treaties

• Determining an Individual’s Residency for Treaty Purposes (2018)
• Qualification for Treaty Benefits (LOB) under the Publicly Traded Test (2014)
• Payee Documentation (W-8) for Treaty Benefits (2015)
• Creation of a Permanent Establishment (PE) through the Activities of a Dependent Agent in the U.S. (2019)
• Creation of a Permanent Establishment through the Activities of Seconded Employees in the U.S. (2014)
• Reduced Foreign Taxes Under Treaty Provisions (2018)
• Treaty Exemptions - NRA Students, Trainees, Teachers and Researchers (2021)
• Treaty Exemption of Income from Teaching (2015)
• Introduction to Traditional Automatic Exchange of Information (2019)
• Competent Authority Process Under a MAP Article of a U.S. Income Tax Treaty (2019)
• Competent Authority Revenue Procedure 2015-40 Guidance: Foreign-Initiated Adjustment(s) (2019)
• Competent Authority Revenue Procedure 2015-40 Guidance: U.S.-Initiated Adjustment(s) (2017)

897 / 1445 - U.S. Real Property Interests (USRPIs) (Also known as FIRPTA)

• Overview of Withholding Under FIRPTA for Sales by Individuals (2017)
• Taxation on the Disposition of USRPI by Foreign Persons (2020)
• U.S. Real Property Holding Corporations - USRPHC Status (2017)
• Verifying Refund Request of 1445 Withholding on Dispositions of USRPIs (2016)

901 - 904 Foreign Tax Credits & Foreign Tax Credit Limitation

• FTC - Categorization of Income and Taxes Into Proper Basket (2023)
• FTC General Principles (Business) (2021)
• FTC General Principles (2017)
• Foreign Tax Redeterminations (2021)
• FTC Limitation (2020)
• Allocation and Apportionment of Deductions (2021)
• FTC Carryback and Carryover (2021)
• Creditable Foreign Taxes (2017)
• Substantiation Requirements for Claiming FTCs (2020)
• Qual. Div.s & Cap. Gains Rate Differential Adjmts (2021)
• Flow-Through Entities Effects on FTC (2021)
• Foreign Currency Translation for FTCs (2020)
• Reduced Foreign Taxes Under Treaty Provisions (2018)
• FTCs for French Taxes: CRDS & CSG (2019)
• Sourcing of Fringe Benefits (2015)
• Summary of Foreign and Domestic Loss Impacts on the FTC (2017)
• IRC Section 250 Deduction: Foreign-Derived Intangible Income (FDII) (2024)
• Revised ASC 730 Directive - Computing Qualified Research Expense (2021)
• Expense Allocation and Apportionment - Overview (2021)
• Expense Allocation and Apportionment - R&E (2014)
• Expense Allocation and Apportionment - Asset Valuation using the FMV Method for Interest Expense (2014)
• Overall Foreign Losses & Overall Domestic Losses (2020)
• How to Compute the AMT FTC (2020)
• Exhaustion of Remedies (2014)
• Exhaustion of Remedies and Transfer Pricing (2014)
• Exhaustion of Remedies in Non Transfer Pricing Situations (2014)

911 - Foreign Earned Income Exclusion (FEIE)

• Foreign Earned Income (2020)
• Physical Presence Test (2017)
• Bona Fide Residence Test (2015)
• Calculating the FEIE - Employee (2015)
• Calculating the FEIE - Partner in a Partnership (2016)
• Calculating the FEIE - Self-Employed Individual (2015)
• Foreign Housing Exclusion (2016)
• Foreign Housing Deduction (2016)
• Election and Revocation (2014)
• FEIE - Disallowance of FTCs for Foreign Taxes on Excluded Income (2020)
• FEIE - Audit Techniques (2020)

951-958 - Subpart F Income, GILTI, & Investments in U.S. Property

     General

• • IRC 958 Rules for Determining Stock Ownership (2022)
  • Concepts of GILTI (2021)
  • Subpart F Overview (2014)
  • Overview of Subpart F Income for U.S. Indiv. Shareholders (2015)
  • Determination of U.S. Shareholder and CFC Status (2015)
  • Computing Foreign Base Company Income (2014)
  • Computing Foreign Base Company Income for U.S. Indiv. Shareholders (2016)
  • Conducting Functional Analysis for Foreign Base Company Inc. (FBCI) (2015)
  • Calculation of the 956 Inclusion (2017)
  • Short Term Loan Exclusion from U.S. Property (956) (2015)

     FPHCI

• • Concepts of Foreign Personal Holding Company Income (2016)
  • Definition of Foreign Personal Holding Company Income and the Common Exceptions (2018)
  • Receipt of Dividends or Interest from a Related CFC (2021)
  • Interest Income Derived by CFC or QBU Engaged in Banking Financing or Similar Business (2014)

     FBC Sales Income

• • Concepts of Foreign Base Company Sales Income (2016)
  • CFC Sale to Related Party With Same Country Unrelated Party Mfg. (2015)
  • CFC Purchased From Related Party with Same Country Sales (2015)
  • Substantial Contribution Test for CFC Manufacturing Exception (2018)
  • Sale by CFC to Unrelated Parties of Products Manufactured by Branch (2015)
  • Branch Rules for Foreign Base Company Sales Income (2015)
  • Branch Sales to Unrelated Parties of Products Manufactured by CFC (2015)

     FBC Services Income

• • Concepts of Foreign Base Company Services Income (2015)

965 Transition Tax

• 965 Transition Tax (2021)

985-988 - Foreign Currency Transactions

• Overview of 988 Nonfunctional Currency Transactions (2016)
• Overview of IRC 987 and Branch Operations in a Foreign Currency (2021)
• Disposition of Nonfunctional Currency (2018)
• Appropriate Exchange Rate (2015)
• Foreign Currency Translation for FTCs (2020)
• Character of Exchange Gain or Loss on Currency Transactions (2016)
• Functional Currency Determination (2017)
• PTI (now PTEP) Exchange Gain or Loss (2020)
• Overview of Qualified Business Units (QBUs) (2016)
• Functional Currency of a QBU (2018)
• Sourcing of Exchange Gains or Losses in Currency Transactions (2017)
• Official versus Free Market Exchange Rate (2020)
• Limit'n of Exch. Gain or Loss on Pmt. or Dispos'n of Debt Instrument (2021)
• Penalties for Failure to File Form 8886 Disclosing 988 losses (2017)
• Exchange Gains/Losses on Payables and Receivables Denominated in a Nonfunctional Currency (2017)
• Disposition of a Portion of an Integrated Hedge (2014)

1401/3101 - Self-Employ./Soc. Sec. Taxes for U.S. Persons Abroad

• U.S. Citiz.s and Res. Aliens Working Abroad - Self-Employment Taxes (2016)
• U.S. Citiz.s and Res. Aliens Working Abroad - Employee Share of Employ. Taxes
• U.S. Territories - Self-Employment Tax (2018)

1461 - Forms 1042 and 1042-S, Liability for Withholding on FDAP

• Adjustments for Overwithholding on Form 1042 (2020)

6038A - Information With Respect to Certain Foreign-Owned Corporations

• Using an 6038A Summons when a U.S. Corp is 25% Foreign Owned (2017)
• Using an Authorization of Agent when a U.S. Corp is 25% Foreign Owned (2015)

6038-6048 - Failure to File Information Return Penalties

• Failure to File Form 5471 - Category 2 and 3 Filers (2017)
• Failure to File Form 5471 - Category 4 and 5 Filers (2015)
• Failure to File a Substantially Complete Form 5471 (2015)
• The Meaning of “Substantially Complete” (2017)
• Form 8865 - Category 1 and 2 Filers (2015)
• Failure to File a Complete and Accurate Form 8865 - Categ. 1 and 2 Filers (2017)
• Failure to File Form 3520/3520-A (2015)
• Failure to File Form 926 (2016)

6662-6664 - Accuracy-Related and Fraud Penalties

• Reasonable Cause and Good Faith (2021)
• Accuracy-Related Penalty on Understatements With Respect to Reportable Transactions (2021)

7701(b) - Individual Income Tax Residency

• Substantial Presence Test (2014)
• Lawful Permanent Resident / Green Card Test (2014)
• Election under 6013(g) (NRA spouse treated as U.S. resident) (2014)
• Election under 6013(h) (NRA becomes U.S. resident) (2014)
• First Year Election under 7701(b)(4) (2014)
• Determining an Individual’s Residency for Treaty Purposes (2018)
• U.S. Territories - Determining Bona Fide Residency Status (2015)

Exchange of Information (EOI) & Foreign Based Evidence

• Introduction to Traditional Automatic Exchange of Information (2019)
• Overview of Exchange of Information Programs (2016)
• Types of EOI Exchanges (2016)
• Formal Doc. Request when a US Taxpayer is Unresponsive to an IDR (2014)
• Using Alternative Means to Obtain Foreign Based Evidence (2015)
• Field Procedures for Handling Foreign Initiated "Specific" Requests under EOI Agreements (2016)

Miscellaneous Foreign

• Expatriation - Mark-to-Market Tax Regime (2023)
• FBAR (FinCEN Form 114) (2022)
• Offshore Structures Used to Conceal U.S. Person's Beneficial Ownership of Foreign Financial Accounts and Other Assets (2015)
• Statute of Limitations (International) (2020)
• Taxation of Scholarships and Fellowship Grants Paid to a Nonresident Alien (2016)
• Corporate Inversions - Overview of Major Issues (2016)
• Foreign Partnership - Taxation (2015)
• Dual Consolidated Losses Overview (2014)
• U.S. Persons Residing Abroad Claiming Additional Child Tax Credit (2017)
• Basket Transactions, Notices 2015-73 and 2015-74 (2017)
• 1040NR Exam Adj.s in Return Generated Software (RGS) (2021)
• Tax Shelter Promoter Investigations Under IRC 6700 (2021)

Last updated 12/01/2023