Repeal of the Thirty Percent Withholding Tax on Portfolio Interest Paid to Foreign Investors

Franson, Marilyn Doskey | January 1, 1984

The first part of this comment will examine the taxation of foreign investors and the operation of the Eurobond market prior to the 1984 Act, as well as the events which prompted the passage of the repeal legis- lation. The second part will explain the provisions of the new legislation and the treasury regulations implementing those provisions. It will also discuss the implications of two recently-issued revenue rulings on the use of tax havens, the practice of treaty shopping, and the effects of these rulings on existing Eurobond issues. The third part will address the pol- icy arguments advanced in support of, and in opposition to, the repeal legislation. Finally, the fourth part will summarize the likely effects of the repeal legislation, concluding that, overall, the measure will be benefi- cial to the United States’ economy over the long-term.