Regulations - Cross-border M&A transactions 

March 18:   The Treasury Department and IRS today released for publication in the Federal Register a package of regulations concerning cross-border merger and acquisition (M&A) transactions including, specifically, the application of section 367 to transfers of certain property by a domestic corporation to a foreign corporation and distributions of foreign corporation stock by a domestic corporation.

Today’s releases contain:


  • Final regulations—T.D. 9614 [PDF 313 KB]—that finalize rules that were proposed in August 2008 with certain changes made in response to comments
  • Temporary regulations—T.D. 9615 [PDF 172 KB]—that eliminate one of two exceptions to the coordination rule between asset transfers and indirect stock transfers for certain outbound asset reorganizations

  • A notice of proposed rulemaking—REG-132702-10 [PDF 75 KB]—that cross-references the temporary regulations

The final regulations apply to transfers occurring on or after the date that is 30 days after the final regulations are published in the Federal Register—which is scheduled for Tuesday, March 19, 2013.


Read the March 2013 report [PDF 81 KB] prepared by KPMG LLP: Regulations - Cross-border
M&A transactions




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