Treasury Considers Revoking Section 385 Documentation Requirements - McDermott Will & Emery

Treasury Considers Revoking Section 385 Documentation Requirements

Overview


Peter Faber said that, despite possible Treasury Department relaxation of documentation rules for Section 385 transactions, “We cannot say whether the states would adopt rules similar or identical to the documentation rules that are now in the IRS regulations,” because those rules “represent ‘best practices’ in the field, and we generally tried to conform to their principles when structuring debt instruments.”