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Treasury Makes Room for Pooling

Final version of IRS Section 385 rules on earnings stripping exempts cash pooling; companies still have to come up with documentation.

By Susan Kelly | Updated on November 15, 2016
The U.S. Treasury Department’s final version of rules aimed at curbing corporate inversions eliminates the threat to cash management tools used by corporate treasuries, such as cash pooling, that was posed by the former version of the rules.

“In response to thoughtful feedback, Treasury is providing a broad exemption for cash pools and other loans that are short-term in both form and substance, and therefore do not pose a significant earnings stripping risk,” the Treasury said in its Oct. 13 announcement of the final version of the rules.

The Treasury’s rules were designed to discourage U.S. companies that have undergone inversions from using earnings stripping, in which the foreign parent of a U.S.-based company makes a loan to the U.S. unit, which then deducts the interest payments it makes on that loan on its taxes. The rules allow the Internal Revenue Service to treat related-party debt as part equity and part debt, limiting companies’ ability to deduct their interest payments.

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