In 2010, the US Congress adopted the Hiring Incentives to Restore Employment (Hire) Act which imposed US withholding tax on dividend equivalents embedded in certain cross-border equity swaps that are paid by US persons to foreign counterparties. At the same time, Congress gave the US Treasury authority to expand the scope of the Hire Act US withholding tax rules to other equity derivative instruments. Since then, the Treasury Department has floated a number of proposals to do just that; however, none of the proposals have had much traction. On December 5 2013, the Internal Revenue Service (IRS) proposed a wholly new approach and issued new proposed regulations under the Internal Revenue Code to expand the US withholding tax rules to dividend equivalents on derivatives, including forwards, options, and structured notes. Most surprisingly, the Treasury put a date on the proposed rules: if finally adopted, they will apply from 2016 to payments on certain equity-linked instruments (ELIs) acquired on or after March 5 2014.
February 24 2014