handbook-tb

Limiting interest deductionsconnection with the initial formation of a company — and the decisionof how much investment to make with equity and how much (ifany) to make with debt — the issue of related-party debt arises in othersituations as well. Related parties are often suppliers and customersof one another, and payments in connection with their transactionsmay incur interest charges. Additionally, a related party may serve as asource of regular funding, either through fixed loans or a line of credit.Related-party payments are a concern only when the relatedparty receiving the interest is outside the country of the party that ispaying the interest. If the two related parties are in the same countryand each company is subject to local country tax, there should be noconcern. When the related party receiving interest is located outsidethe country of the interest payer, however, the debt and associatedinterest payments are viewed as a major risk for improper “base erosion.”This suspicion arises for several reasons:(a) Although the decision on whether (and how) to extend aloan to a related party can be complex, as discussed previously,the related parties can work together to try to fashiona loan that has the most favourable tax result. In most cases,the payment of interest is more tax-advantaged to the borrowerand lender, considered together, than an investmentof equity. In some cases, the payment is very favourable, forinstance, when the interest is deductible to the borrowerand subject to low or no tax in the hands of the lender;(b) Related-party loans are not subject to market discipline, inthe way that a debt from an unrelated party would be. Theamount of the loan may be in excess of the amount that athird party would be willing to lend, or the loan may be foran extended period or subject to fewer conditions than athird party would demand;(c) Importantly, there can be transfer pricing concerns withrespect to the rate of interest paid and other terms of the loan.Recognizing these concerns does not, however, suggest a singleanswer regarding whether interest paid on related-party debt shouldbe subject to different (presumably, less favourable) tax terms thaninterest paid on debt to parties that are not related.177