- 45 - and contemplated coverage for transactions involving what were essentially conduit devices. The legislative history indicates that Congress was concerned about the impact on the economy of the Netherlands Antilles if the use of finance subsidiaries incorporated there were terminated too abruptly. Congress therefore intended to effect “a gradual and orderly reduction of international financing activity in the Netherlands Antilles”. General Explanation at 393; see also S. Prt. 98-169 (Vol. 1), at 420-421 (1984). Repeal of the withholding tax on pre-existing obligations was rejected because it could have prompted U.S. corporations that had previously issued obligations through Antilles finance subsidiaries in an effort to avoid the tax to assume those pre-existing obligations directly and, thus, discontinue finance operations in the Antilles well before the obligations mature. * * * [General Explanation at 392.] Congress contemplated that a “gradual and orderly” reduction in the use of finance subsidiaries would be achieved by generally allowing existing obligations to mature under a regime where withholding taxes could be avoided by use of a Netherlands Antilles finance subsidiary. Further, the drafters acknowledged that this approach might permit exploitation of treaty exemptions through conduitlike arrangements for a limited period. As stated in the General Explanation: Congress believed that, while offshore financings generally should be scrutinized closely by the IRS and tax treaties should not be used as a basis for establishing conduits whose existence results in aPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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