Tuesday, 19 April 2016

US temporary regulations address inversion notices, provide further restrictions

On April 4, 2016, the Treasury and IRS issued proposed and temporary regulations that limit cross-border merger transactions that the government characterizes as 'inversions' and certain post-inversion transactions.  The regulations incorporate rules previously announced in Notice 2014-52 and Notice 2015-79, with some modifications.  However, the temporary regulations also include several new rules.  The text of the proposed regulations is the same as that of the temporary regulations.

The most significant of the new rules in the temporary inversion regulations is a rule that applies to make it more likely that a transaction will be treated as an inversion if the foreign corporation that acquires a US target has made other acquisitions of one or more US companies in the 36-month period preceding the acquisition.

Source & more info: PwC