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Author Archives: Jonathan Tiegerman

About Jonathan Tiegerman

Jonathan D. Tiegerman is a former Senior tax Manager for US Tax & Financial Services

U.S. Debt-Equity Regulations Problematic for BEPS Action 2

Earlier this year, the US Treasury Department issued proposed regulations under IRC 385 that would authorise the IRS to recharacterize a lending arrangement between certain related parties as equity. In developing a framework for neutralising mismatches from hybrid arrangements, the OECD in BEPS action 2 did not foresee that hybrid arrangements might be inadvertently forced […]

The Base Erosion and Profit Shifting Project Recommends Restrictive Limitations

The Base Erosion and Profit Shifting (“BEPS”) project evidences an aggressive push by the OECD to prevent multinational taxpayers from using interest expense deductions (and other deductible payments) to reduce or “erode” income in high-tax jurisdictions (i.e., “base erosion”) and in so doing, move profits from high-tax jurisdictions to low-tax jurisdictions (i.e., “profit shifting”). The OECD`s […]

Non-US persons holding US real property affected by PATH Act in 2016

On December 18, 2015, President Obama signed into law the Protecting Americans from Tax Hikes Act of 2015 or PATH Act, which will go into effect mid February (60 days after signing). Notable are the amendments to US tax laws affecting non-US persons holding interests in US real property. Commonly referred to as the FIRPTA […]

The Base Erosion and Profit Shifting Project Should Take Note of US Tax Laws

The following article, written by US Tax & Financial Services’ Darlene Hart and Jonathan Tiegerman was published in the Swiss Association of Independent Advisors’s WEALTHGRAM magazine this month. Background Presently, multinational corporations and their tax advisors endure great anxieties stemming from the uncertainty surrounding the Base Erosion and Profit Shifting (“BEPS”) project. The BEPS project, […]

Jersey to consider extension requests from FIs on FATCA reporting

The Treasury and Resources division of the Channel Island of Jersey has recently issued a notice to registered financial institutions offering a consideration of leniency on the approaching FATCA account reporting deadline: “… as this is the first reporting period for the Jersey-US FATCA Agreement, it is appreciated that a Reporting Financial Institution may have been […]

FATCA: Foreign Funds Lending into the US and Investing in US Indebtedness Should Take Heed

The recent enactment of the Foreign Account Tax Compliance Act (“FATCA”) has greatly expanded the tax reporting obligations of foreign persons investing in the US. Ostensibly targeted by the drafters of this legislation, private equity funds and hedge funds investing in the US (through either debt or equity investments) should be particularly concerned with the […]

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