Foreign Goodwill and Going Concern Value: Choosing Code Sec. 367(a) or (d)

Overview


Lowell Yoder wrote this bylined article on new rules affecting the transfer of foreign goodwill and going concern value by a domestic corporation to a foreign corporation. The new rules “now subject gain on such transfers to taxation immediately under Code Sec. 367(a), or a taxpayer may choose to defer taxation of the gain under Code Sec. 367(d),” Mr. Yoder wrote, adding that in some situations “immediate recognition of gain is a better alternative.”