Final regulations: Section 367(d) rules for certain repatriations of intangible property

The final regulations adopt proposed regulations issued in May 2023 with certain revisions.

Download PDF
Share
October 9, 2024

The U.S. Treasury Department and IRS today released final regulations (T.D. 9994) that terminate the continued application of section 367(d) arising from a previous transfer of intangible property (IP) to a foreign corporation when the IP is repatriated to certain United States persons.

The final regulations also make certain modifications to the regulations under section 904(d)(1)(B) relating to the application of section 367(d) in determining the separate foreign tax credit limitation with respect to foreign branch income. 

The regulations finalize proposed regulations issued in May 2023 with only minor modifications. Consistent with the applicability date in the proposed regulations, the final regulations apply only to repatriations of IP occurring on or after October 10, 2024.

Thank you!

Thank you for contacting KPMG. We will respond to you as soon as possible.

Contact KPMG

Use this form to submit general inquiries to KPMG. We will respond to you as soon as possible.

By submitting, you agree that KPMG LLP may process any personal information you provide pursuant to KPMG LLP's . Privacy Statement

An error occurred. Please contact customer support.

Job seekers

Visit our careers section or search our jobs database.

Submit RFP

Use the RFP submission form to detail the services KPMG can help assist you with.

Office locations

International hotline

You can confidentially report concerns to the KPMG International hotline

Press contacts

Do you need to speak with our Press Office? Here's how to get in touch.

Headline