IRS REG 147636-08: Transfers of Stock by US Person to Foreign Corporation

REG-147636-08 provide rules under section 367(a) and (b) that apply to certain transfers of stock by a United States person to a foreign corporation described in section 304(a)(1).  The temporary regulations under section 1248(a) provide that, for purposes of section 1248(a), gain recognized by a shareholder under section 301(c)(3) in connection with the receipt of a distribution of property from a foreign corporation with respect to its stock shall be treated as gain from the sale or exchange of the stock of such foreign corporation.  The temporary regulations affect certain shareholders that transfer stock in a corporation to a foreign corporation in a transaction to which section 304(a)(1) applies, or that receive a distribution from a foreign corporation described in section 301(c)(3).  The text of the temporary regulations also serves as the text of these proposed regulations.  The preamble to the temporary regulations explains the temporary regulations and these proposed regulations.

Posted by Min Young Choi, Associate Editor, Wealth Strategies Journal.