Fern
Elite Member
- Sep 30, 2003
- 26,907
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Why couldn't a foreign company make a 0% loan to a US-based business that happened to be owned by the same parent corporation?
Section 7872 of the the US tax code says no below FMV interest rate loans allowed.
http://www.law.cornell.edu/uscode/text/26/7872
I can't guarantee it would apply, but I glanced at the law and don't see any exception(s) that would appear to apply.
While I won't research it, I'd guess such a transaction would be reclassed as repartiation of foreign profits and be subject to (US) income taxation. The point of the law is for non US subsidiaries to be able to keep needed capital abroad to compete. If they can loan it back to the US company they clearly didn't need it for operations abroad.
Fern
