Is the Section 965 Tax Even Legal?
In 2017 as part of the Tax Cuts and Jobs Act legislation (“TCJA”), Congress created a provision that imposed a tax on certain foreign holdings of U.S. taxpayers. This tax, housed in Section 965 of the Internal Revenue Code, is known by a number of names, including the “repatriation” tax or “transition” tax. The case is now before the U.S. Supreme Court.