Rappaport, Matthew E.
Section 355 and the suffering of closely held corporations will anyonehelp the little guy ? / Matthew E. Rappaport .-- , 2017
Disponible también en línea a través de la Biblioteca del Instituto de Estudios Fiscales. Resumen. Conclusión.
Ever since General Utilities repeal, the only way a corporation can distribute appreciated assets to shareholders on a taxdeferredbasis is a spin-off qualifying under Section 355 of the Code. The development of Section 355.sstatutory language and the corresponding administrative guidance has focused almostexclusively on large publicly traded corporations. Few commentators have addressed the detrimental effects the current Section355 regime has had on closely held corporations. As this article illustrates, the government.s single-mindedness about preventing abuse by giant companies has manifested to prevent smallbusinesses, especially those owned by family units, from taking necessary steps to optimize their organizational structure. But no reform is in sight to help these corporations use spin-offsand other divisive reorganizations to achieve congressionally approved objectives.
IMPUESTOS
EMPRESAS PEQUEÑAS Y MEDIANAS
PRESION FISCAL
ESTADOS UNIDOS
SOCIEDADES
Journal of Taxation of Investmentsv. 34, n. 4, Summer 2017, p. 31-46
Section 355 and the suffering of closely held corporations will anyonehelp the little guy ? / Matthew E. Rappaport .-- , 2017
Disponible también en línea a través de la Biblioteca del Instituto de Estudios Fiscales. Resumen. Conclusión.
Ever since General Utilities repeal, the only way a corporation can distribute appreciated assets to shareholders on a taxdeferredbasis is a spin-off qualifying under Section 355 of the Code. The development of Section 355.sstatutory language and the corresponding administrative guidance has focused almostexclusively on large publicly traded corporations. Few commentators have addressed the detrimental effects the current Section355 regime has had on closely held corporations. As this article illustrates, the government.s single-mindedness about preventing abuse by giant companies has manifested to prevent smallbusinesses, especially those owned by family units, from taking necessary steps to optimize their organizational structure. But no reform is in sight to help these corporations use spin-offsand other divisive reorganizations to achieve congressionally approved objectives.
IMPUESTOS
EMPRESAS PEQUEÑAS Y MEDIANAS
PRESION FISCAL
ESTADOS UNIDOS
SOCIEDADES
Journal of Taxation of Investmentsv. 34, n. 4, Summer 2017, p. 31-46