On December 30, 2021, the Internal Revenue Service (IRS) published final regulations for the IBOR transition. This Legal Update provides background on the principle US federal income tax concern with IBOR-related amendments to existing contracts and an overview of previous IRS guidance aimed at addressing the concern. The Update then discusses the types of modifications
Steven D. Garden
Contact:Read more about Steven D. Garden
Limited US Tax Guidance for Adding ARRC and ISDA Fallbacks
By Steven D. Garden, Russell E. Nance, Remmelt Reigersman, Brennan W. Young & Thomas A. Humphreys on
Posted in Derivatives, Tax
On Friday, October 9, 2020, the Internal Revenue Service released Revenue Procedure 2020-44 (the “Revenue Procedure”), providing retroactive but limited relief for amending specific types of legacy contracts to add fallback mechanics for the London Interbank Offer Rate or other Interbank Offer Rates. The fallback granted relief by the Revenue Procedure must rather strictly follow…
Legal Update: Modification of Intra-Group Debt Instruments
By Scott Stewart & Steven D. Garden on
Posted in Liability Management, Tax
Just as with debt instruments between unrelated parties, the current economic downturn may cause related parties to want to modify the terms of debt instruments existing between them. And as with debt instruments between unrelated parties, modification of debt instruments between related parties may have a number of tax consequences. What constitutes a “modification” and…