Trust Dividend Designations and the Vefghi Case
A common tax structure involves a holding company (“Holdco”) with an operating subsidiary (“Opco”). Where Opco pays a taxable dividend to Holdco, except to the extent Opco receives a dividend refund, Holdco is not subject to Part IV tax of 38 1/3% (referred herein as a ‘tax-free intercorporate dividend”). The exemption arises due to the
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