The result of such an "inversion" is that the foreign acquiring company becomes a surrogate foreign corporation with respect to the domestic corporation or partnership that is the expatriated entity.
7874, a foreign corporation is deemed to have indirectly acquired a domestic corporation's properties if it acquires the stock of such domestic corporation, either (1) directly or (2) indirectly, through the acquisition of another domestic corporation or of a domestic or foreign partnership owning the respective shares.
Yet back in the days when the corporation was still new and its impact clear, the question was of obsessive concern.
One sign of the renewed debate is the recent book by Jack Beatty, called Colossus: How the Corporation Changed America.
On the other hand, a foreign corporation's tax base contained "many additional balance sheet items that are valued in accordance with generally accepted accounting principles, rather than by arbitrary assignment by the corporation.
The Supreme Court called the discrimination in South Central Bell not merely theoretical; the undisputed record showed the average Alabama domestic corporation paid only 20% of the franchise tax it would pay if treated as a foreign corporation.
The principal exception to nonrecognition of gain under section 351 arises where a taxpayer receives "boot" -- money or property other than stock in the corporation -- in exchange for the property contributed.
The second exception to nonrecognition of gain on the transfer of property to a controlled corporation involves the assumption of liabilities by the transferee corporation.
Table 1-2: Nucor Corporation - Ticker Codes at Various Stock Exchange
Table 1-3: Nucor Corporation - Key Management People
Not be an ineligible
corporation by definition (such as certain insurance companies).
When a
corporation fails to qualify as an S
corporation solely because its election was not timely filed.
Under new section 355(e), the anti-Morris Trust provision, a distributing
corporation will recognize gain if one or more persons acquire, directly or indirectly, 50 percent or more of the stock (measured by vote or value) of the distributing or any controlled
corporation as part of a plan or series of related transactions that was in place at the time of the distribution.
government financial incentives," wrote Byron Mallott, chief executive officer of the native
corporation Sealaska, in a public letter last year.
409A may apply to some fairly common S
corporation deferred-compensation and business practices
