Applying the New Zealand-U.S. income tax treaty to hybrid entities

Resource Information

The work Applying the New Zealand-U.S. income tax treaty to hybrid entities represents a distinct intellectual or artistic creation found in International Bureau of Fiscal Documentation. This resource is a combination of several types including: Work, Language Material, Continuing Resources.

Label

Applying the New Zealand-U.S. income tax treaty to hybrid entities

Creator

• Lischer, H.J. (Jr.)

Subject

• MAP
• check-the-box regulations
• hybrid entity
• tax treaty

Language

eng

Summary

Proper planning of New Zealand-U.S. transactions can assure benefits under the 2005 Competent Authority mutual agreement, but not all hybrids qualify. This article is organized as follows: (1) an overview of business entities permitted under U.S. law and the U.S. federal taxation of these business entities and their owners; (2) a description of the U.S. check-the-box Regulations that permit many, but not all, business organizations to elect their tax treatment for U.S. federal income tax purposes as either (a) a not fiscally transparent taxable corporation or (b) a fiscally transparent non-taxable pass-through (these Regulations spawned many of the U.S. hybrids that now exist); (3) background of the NZ-U.S. DTA; (4) an examination of what is a "hybrid entity"; (5) a review of the 2005 Agreement; and (6) concluding comments. The analysis includes discussion of (1) the 2005 Organization for Economic Cooperation and Development Model Tax Convention; (2) the 1996 and 2006 U.S. Model Tax Conventions; and (3) the 2005 Competent Authority mutual agreement

Citation source

In: Journal of international taxation. - New York. - Vol. 19 (2008),

Language note

English