The recently enacted tax reform legislation significantly expanded the application of Subpart F, including by adding a new inclusion rule for non-routine CFC income, termed “global intangible low-taxed income” (GILTI). The GILTI rules apply higher tax rates to GILTI attributed to individuals and trusts who own CFC stock (either directly or through LLCs or S corporations) than to C corporation shareholders. This article describes the difference and suggests steps individuals and trusts may take to defer or reduce the effect of the GILTI rules on individuals and trusts.
Kevin J. Feeley focuses his practice on the taxation of complex transactions, with particular emphasis on structuring and implementing partnership and limited liability company transactions, including joint ventures and private equity investments. In addition, Kevin has extensive experience in structuring mergers and acquisitions, tax-free reorganizations, recapitalizations and restructurings of financially troubled companies. He also has advised closely held companies, family offices, S corporations and cooperative organizations on tax planning issues and strategies. Read Kevin Feeley's full bio.