Regarding Disregarded Payments

International Tax Journal

September/October 2020

In this article, Layla Asali discusses various tax policy issues raised by disregarded payments since the Tax Cuts and Jobs Act of 2017 (TCJA) was passed and examines the response of the Treasury Department (Treasury) and Internal Revenue Service (IRS) to those policy issues. "The TCJA has changed and raised the stakes on tax policy issues surrounding disregarded payments," Asali writes. She assesses the treatment of disregarded payments in several different contexts and observes that since the TCJA was enacted, "policymakers have faced new challenges in dealing with the treatment of disregarded payments," and "[a]bsent more fundamental changes, we can expect the treatment of disregarded payments in U.S. tax law to continue to evolve."