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Department of the Treasury, Internal Revenue Service: Guidance Under Sections 951A and 954 Regarding Income Subject to a High Rate of Foreign Tax

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Highlights

GAO reviewed the Department of the Treasury, Internal Revenue Service's (IRS) new rule on Guidance Under Sections 951A and 954 Regarding Income Subject to a High Rate of Foreign Tax. GAO found that the final rule relates to changes made by the Tax Cuts and Jobs Act. The rule (1) provides that the global intangible low-taxed income (GILTI) high-tax exclusion in section 951A(c)(2)(A)(i)(III) of the Internal Revenue Code (IRC) applies to high-taxed income of a controlled foreign corporation (CFC) that is excluded from foreign base company income (FBCI) or insurance income under section 954(b)(4) of the IRC regardless of whether the income would otherwise be FBCI or insurance income; (2) provides instructions to determine the effective rate of tax on foreign items of income for the purposes of applying the GILTI high-tax exclusion and that the effective foreign tax rate is determined on a tested unit basis; (3) provides instructions to determine the net amount of income and the foreign taxes paid or accrued with respect to such net amount of income that are used to compute the effective rate of tax; (4) includes how to make a GILTI high-tax exclusion election, and provides that the election, if made, must be made consistently for certain related CFCs; and (5) provides that taxpayers can make the election annually.

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