If FOPAR's unilateral attempts are unavailing, USSUB should seek competent authority assistance.
The taxpayer should investigate the foreign tax credit rules applicable to FOPAR to determine whether the foreign jurisdiction will allow a foreign tax credit to offset the U.S.
65-17, an account receivable from FOPAR to USSUB.(25) The required taxable imputed interest may prove to be too high a price just to eliminate withholding tax on the deemed dividend, particularly at common treaty-reduced rates such as 5 percent.
A current repatriation payment by FOPAR to USSUB should be treated as a nontaxable capital contribution.
parent, but issues remain where a foreign parent (FOPAR) is involved.
An additional (and potentially disabling) complexity -- involvement of a third country -- is presented if FOPAR is in a different foreign tax jurisdiction from FOSIB.
tax -- specifically, a withholding tax on a constructive dividend to FOPAR by reason of USSIB's overpayment to FOSIB for products, "whether or not the motive was an attempt improperly to allocate income or deductions between the corporations." See Rev.
The taxpayer should review the foreign (non-U.S.) tax credit rules applicable to FOPAR. Difficulty in obtaining credit abroad will be exacerbated by the constructive and indirect nature of the alleged dividend.