- 21 - exemption from the withholding tax and a number of legal arguments would support the taxation of these arrangements in accordance with their form. * * * 3 Compare, e.g., Aiken Industries, Inc., 56 T.C. 925 (1971), and Plantation Patterns, Inc. v. Commissioner, 462 F.2d 712 (5th Cir. 1972), 72-2 U.S.T.C. Paragraph 9494, cert. denied, 406 U.S. 1076, with Moline Properties, 319 U.S. 436 (1943), 43-1 U.S.T.C. Paragraph 9464 and Perry R. Bass, 50 T.C. 595 (1968). [Id. at 419]. See also Staff of Joint Comm. on Taxation, General Explanation of the Revenue Provisions of the Deficit Reduction Act of 1984, at 390 (J. Comm. Print 1984) (hereinafter General Explanation). Concluding that tax-free access to the Eurobond market for U.S. companies should be direct, rather than through finance subsidiaries, the Finance Committee decided to repeal the withholding tax on portfolio interest paid to foreign corporations and nonresident alien individuals. The Committee was “concerned, however, that repeal of the withholding tax, without a transitional period, may have a substantial negative impact on the economy of the Netherlands Antilles” because “the use of the Antilles as a financial center is likely to be substantially reduced”. S. Prt. 98-169 (Vol. 1), supra at 420. Therefore, the Committee “[provided] for a gradual phase-out, rather than immediate repeal, of the withholding tax” on interest paid with respect to portfolio debt, in the form of a reduction in the rate from 30 percent to 5 percent on interest receivedPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011