I'm almost nostalgic for the days of 2021-2022, the COVID-induced tsunami of Tax Court filings and cases. This month we've seen only eight T. C. Memos, of which two were routine undocumented deduction cases (Section 6001 or Section 274), no Sum. Ops, and no T. C.s. It's been years since practitioners murmured the old, nearly-forgotten slogan as they booked their summer vacations: "File in May and go away," but it may be time again. Here's what happened.
State Tax Planning with the “80/20 Company” Exclusion
Ted Stotzer
Many multinational groups find that foreign-source dividends and other income earned by domestic affiliates are fully or partially subject to state income taxation, even where the federal system provides an exemption. This state-level “leakage” can be material – particularly in high-tax jurisdictions – and is often overlooked because the income appears sheltered at the federal level. For groups with predominantly foreign operations, a starting structure or a restructuring that causes one or more domestic affiliates to qualify as an “80/20 company” can substantially reduce or eliminate state taxation on that income.
