Removal of IRS Section 385 Documentation
1 hour 40 minutes
Understand the factors to take into account when determining debt versus equity.
The classification of an instrument as debt or equity is very important for federal tax purposes. The IRS is authorized to issue regulations providing certain factors that must be taken into account in determining whether a certain instrument is debt or equity (or both). The regulations issued by the IRS, as well as various factors developed by the courts, must be examined when making such a determination. This course will assist those responsible for advising clients on issues regarding debt versus equity, including the documentation requirements or best practices.
• You will be able to discuss the advantages/disadvantages of debt versus equity.
• You will be able to explain the current status of the 385 regulations.
• You will be able to identify factors to take into account when determining debt versus equity.
• You will be able to review the seminal Plantations Patterns case.