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Passive Foreign Investment Company Rules: Treatment of Income from Certain Government Bonds for Purposes of the Passive Foreign Investment Company Rules



by Theodore D. Holt
Sullivan & Cromwell LLP - New York Office

Donald L. Korb
Sullivan & Cromwell LLP - New York Office

Dexter D.J. Samida
Sullivan & Cromwell LLP - New York Office

Andrew P. Solomon
Sullivan & Cromwell LLP - London Office

David C. Spitzer
Sullivan & Cromwell LLP - New York Office

July 5, 2012

Previously published on July 2, 2012

In an important notice responding to current economic conditions, the Internal Revenue Service has acknowledged that banks may be holding larger amounts of government securities than they ordinarily would, and that it does not intend this situation to cause them to be treated as “passive foreign investment companies,” a category that may discourage U.S. persons from investing in their shares.


 

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