Article
Prepare for increased IRS scrutiny of intercompany loan arrangements
Oct. 31, 2024 · Authored by Sid Paruthi, Ravi Ganapathy
The IRS released memorandum AM-2023-008 concerning intercompany loans in December 2023, adding a new layer of complexity for multinational corporations (MNC). This memo highlights the significance of incorporating implicit support when assessing interest rates on loans between affiliated entities.
As a result, taxpayers must now evaluate how group membership affects the interest rates applied to intercompany loans.
This article outlines the memo’s key details and its potential impact on taxpayers.
Background on the IRS memo
Under Internal Revenue Code Section 482 regulations, a bona fide intercompany debt must carry an arm's length interest rate, which means the interest is determined as though the debt were being established between unrelated parties.
When evaluating third-party financing, unrelated commercial lenders assess a borrower's creditworthiness by considering multiple factors, including its independent financial condition and the potential for financial backing from related group members.
This notion of implicit support reflects a group member's expectation of aid from others during financial difficulties, even in the absence of formal guarantees.
Consequently, taxpayers are now obligated to consider the impact of group membership or implicit support when determining interest rates on legitimate intercompany loans.
Key impact of the IRS memo
The IRS is increasing its scrutiny of how group affiliation influences the interest rates on intercompany loans. The agency emphasizes that group membership must be factored into the determination of the arm's length interest rate, even if the terms offered to the controlled borrower are shaped by the financial backing of the parent group.
The memo specifies that interest rates for intragroup loans should align with those an independent lender would extend, taking into account both the borrower's creditworthiness and the overall credit standing of the parent company.
Key takeaways
Multinational enterprises (MNE) should thoroughly review intercompany loan agreements to verify interest rates align with market standards, considering both the borrower's credit profile and the credit standing of the parent company.
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