Foreign Tax Credit Changes

To modernize and clarify foreign tax credits, the IRS issued lengthy and imitating final regulations that changes the type of taxes applicable for the foreign tax credit. Some key areas of note are highlighted below:

To qualify as a foreign income tax, there are now four components:

  • Realization
  • Gross receipts
  • Net income
  • Attribution based on activities, source, or situs of property

Taxes in lieu of income tax must meet two requirements:

  • Be deemed a tax
  • Satisfy a substitution requirement
    • Generally imposed
    • Non-duplication
    • Close connection
    • Jurisdiction-to-tax

A refundable foreign tax credit is not eligible for a foreign tax credit.

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P.O. Box 30349
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Cayman Islands

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