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Tax Alert: IRS Rules on Outbound Transfers of Intangibles Removal of Foreign Goodwill and Going Concern Exceptions

Sep 15, 2015

On Monday, September 14, 2015, the IRS released final, temporary, and proposed regulations on the outbound transfers of intangibles under Section 367.

These guidelines clarify the coordination of the arm’s length standard with other sections of the tax code. In a truly significant change, the proposed regulations would eliminate the foreign goodwill going concern exception under Treasury Regulations Section 1.367(d)-1T and limit the scope of property.

To view more details on the ruling,

If you have any questions, please contact WTP’s National Managing Director of the International Tax Practice, Brian Schwam at

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