§ 1.267A-1. Disallowance of certain interest and royalty deductions.
339 words·~2 min read·
/us/cfr/t26/s§ 1.267A-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Scope. This section and §§ 1.267A-2 through 1.267A-5 provide rules regarding when a deduction for any interest or royalty paid or accrued is disallowed under section 267A. Section 1.267A-2 describes hybrid and branch arrangements. Section 1.267A-3 provides rules for determining income inclusions and provides that certain amounts are not amounts for which a deduction is disallowed. Section 1.267A-4 provides an imported mismatch rule. Section 1.267A-5 sets forth definitions and special rules that apply for purposes of section 267A. Section 1.267A-6 illustrates the application of section 267A through examples. Section 1.267A-7 provides applicability dates.
(b)Disallowance of deduction. This paragraph
(b)sets forth the exclusive circumstances in which a deduction is disallowed under section 267A. Except as provided in paragraph
(c)of this section, a specified party's deduction for any interest or royalty paid or accrued (the amount paid or accrued with respect to the specified party, a specified payment) is disallowed under section 267A to the extent that the specified payment is described in this paragraph (b). See also § 1.267A-5(b)(5) (treating structured payments as interest paid or accrued for purposes of section 267A and the regulations in this part under section 267A). A specified payment is described in this paragraph
(b)to the extent that it is—
(1)A disqualified hybrid amount, as described in § 1.267A-2 (hybrid and branch arrangements);
(2)A disqualified imported mismatch amount, as described in § 1.267A-4 (payments offset by a hybrid deduction); or
(3)A specified payment for which the requirements of the anti-avoidance rule of § 1.267A-5(b)(6) are satisfied.
(c)De minimis exception. Paragraph
(b)of this section does not apply to a specified party for a taxable year in which the sum of the specified party's specified payments that but for this paragraph
(c)would be described in paragraph
(b)of this section is less than $50,000. For purposes of this paragraph (c), specified parties that are related (within the meaning of § 1.267A-5(a)(14)) are treated as a single specified party. [T.D. 9896, 85 FR 19836, Apr. 8, 2020]
Connections1 off-index
1 reference not yet in our index
- T.D. 9896
Citation graph
cites case law
§ 1.267A-1
Disallowance of certain interest and royalty deductions.
Treas. Dec.T.D. 9896
Cites 1Cited by 0 across 0 sources