Decoding Debt: Expert Perspectives on Market Trends and Global Tax Dynamics
In this podcast, the tenth in Weil, Gotshal & Manges Tax Insight series, Weil tax co-chair Joe Pari and Weil international tax head Devon Bodoh observe some market trends in the debt modification space and discuss current guidance on foreign tax credits and the global minimum tax.
Tax Implications of Debt Modification
The conversation begins with an overview of the market, highlighting the increasing trend of issuers seeking modifications to their debt due to unprecedented interest rate hikes and emerging financial distress in certain markets. They emphasise the importance of understanding what constitutes a modification of debt under tax regulations.
The speakers distinguish between changes that do not constitute modifications, such as those pursuant to the terms of an instrument, and modifications that can have significant consequences. They delve into the factors that determine whether a modification is significant, considering both a facts-and-circumstances test and per se significant modifications.
The discussion covers changes in yield, equity kickers, deferrals of scheduled payments, changes in collateral, guarantors, priority level, and payment expectations. One key point is the significance of consulting a tax advisor when contemplating modifications to debt instruments, as the tax implications can be substantial, including taxable income and reductions in tax attributes.
IRS Guidance on Foreign Tax Credit, Corporate Alternative Minimum Tax and Bad Debts
The key pieces of IRS guidance are reviewed. First, the guidance on foreign tax credits and the global minimum tax, focusing on the IRS notice (2023-80) that addresses adjustments to the US international tax system to comply with the implementation of the OECD’s Pillar 2. This guidance may impact US taxpayers’ ability to use certain exceptions for anti-deferral regimes.
“The 15% minimum tax was pretty earth-shaking stuff in the global tax community.”
Secondly, the conversation touches on corporate alternative minimum tax (CAMT) calculation and its application to shareholders of controlled foreign corporations (CFCs). The speakers explain how the guidance (2024-10) impacts the treatment of dividends distributed by CFCs to US shareholders in the context of applicable financial statement income.
Lastly, they mention new guidance on bad debts under Section 166 for regulated financial companies, addressing changes in financial accounting related to expected loss features. A forthcoming podcast promises to delve deeper into this important area.
Weil, Gotshal & Manges
