handbook-tb

Peter A. Barnesin Country Y, reducing the corporate income tax expense for BetaCorporation.This deduction for an interest payment may be a positive benefitfor Acme and Beta, taken as a group, depending on the following taxconsiderations:‣ ¾ Does Beta have sufficient taxable income against which todeduct the interest payments to Acme such that the deductionfor interest expense is economically valuable? If no deduction isavailable in the current year, will the deduction be available ina future year? The answer to the latter question requires considerationof both future earnings of Beta and the rules of CountryY on the carry-forward of losses;‣ ¾ Does Country Y impose a withholding tax on the interestpayment to Acme, and, if so, what is the rate? How does theeconomic impact of that withholding tax compare with thepotential economic benefit of the income tax deduction to Betafor the interest payment?‣ ¾ What is the tax treatment of Acme in Country X? Is the interesttaxable to Acme? At what rate? How does the tax treatment ofthe interest received by Acme in Country X compare with thetax treatment of a dividend received by Acme in Country X?‣ ¾ If there is a withholding tax imposed by Country Y on dividendsor interest, or both, can that withholding tax be claimed as acredit against the tax in Country X, or are there other considerations(for example, excess foreign tax credits for Acme) that makethe withholding tax imposed by Country Y a deadweight cost?If the debt investment to Beta is not made by Acme, but by anaffiliate of Acme and Beta in a third country, Charlie Corporation inCountry Z, then the analysis of the tax consequences of the interestpayments will be made with respect to Charlie Corporation.Of course, Acme and Beta (and Charlie) will have some (butnot complete) information to determine whether the interest deductionwill benefit the two related companies as a group, and that informationwill guide the decision whether to invest in Beta wholly withequity or with some combination of debt and equity. But it is useful torecognize that the decision whether to invest with debt (and therefore160