The Proposed Domestic Reverse Hybrid Entity Regulations: Can the Treasury Department Override Treaties?

Tax Management International Journal, Vol. 30, July 13, 2001

8 Pages Posted: 9 Dec 2001

See all articles by Anthony C. Infanti

Anthony C. Infanti

University of Pittsburgh - School of Law

Abstract

This article first describes the proposed regulations issued under section 894 addressing the ability of domestic reverse hybrid entities to claim treaty benefits with respect to payments made to their interest holders (the proposed DRH regulations). After describing the proposed DRH regulations, the article next explores the potential that these regulations have to override existing U.S. treaty obligations. After concluding that the proposed DRH regulations are inconsistent with at least one existing treaty, the article concludes by questioning the power of the Treasury Department to promulgate regulations (such as the proposed DRH regulations) that override treaties.

Note: This is a description of the paper and not the actual abstract.

Keywords: Treaty, override, hybrid entity, administrative override, regulation, tax

JEL Classification: K33, K34

Suggested Citation

Infanti, Anthony C., The Proposed Domestic Reverse Hybrid Entity Regulations: Can the Treasury Department Override Treaties?. Tax Management International Journal, Vol. 30, July 13, 2001, Available at SSRN: https://ssrn.com/abstract=870597

Anthony C. Infanti (Contact Author)

University of Pittsburgh - School of Law ( email )

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412-648-1244 (Phone)
412-648-2648 (Fax)

HOME PAGE: http://www.law.pitt.edu/people/anthony-c-infanti

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