Treasury's Section 385 Proposals

Our membership is profoundly concerned about the impact these regulations will have on their ongoing operations in the United States.  Specifically, if finalized in their current form, the Proposed Regulations will incentivize our membership to reduce existing investment in the United States and curtail future investment in the United States. 

The Proposed Regulations are not targeted to the specific behaviors the Administration purportedly desires to address.  Instead, they would broadly disrupt normal, routine, daily business activities, creating unintended consequences and real economic harm.  Below are a few resources that further explain our concerns.

OFII Resources:
OFII Comment Letter - 7/6/16
OFII Comment Letter Summary – One Pager
PwC Economic Analysis of Sec. 385 Regulations
Business Coalition Letter to Secretary Lew 5/12/16
Business Coalition Letter to Tax Committee Leaders 6/14/16

External Resources:
WMC Democrats Letter (Levin) – 6/22/16
WMC Republican Letter – 6/28/16
Senate Finance 7 Republicans Letter – 7/1/16
Pro 385 Letter House Democrats – 7/7/16
Chairman Hatch Letter – 8/22/16
WMC Republicans Letter Round 2– 8/22/16
Senate Finance 7 Republicans Letter Round 2 – 8/24/16

Press Releases:
McLernon: Congress Leads the Way in ‘Protecting US Workers,’ Comments from congressional leaders a positive step toward stopping harmful Treasury proposals - 8/22/2016
Report: Treasury’s Rules Will Cause Serious Economic Harm - 7/8/2016
Business Coalition Presses Treasury Not to Rush New Rules - 6/14/2016
Association Letter to Treasury on 385 Regulations - 5/12/2016
Treasury's Actions Will Impact Foreign Direct Investment - 4/7/2016
Nancy McLernon on Treasury Action - 4/5/2016