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    US Treasury issues proposed regulations on BEAT, a provision enacted as part of tax reform legislation

UNITED STATES - US Treasury issues proposed regulations on BEAT, a provision enacted as part of tax reform legislation

February 2019

The IRS and Treasury (collectively, Treasury) recently released proposed regulations (Proposed Regulations) on Section 59A, commonly referred to as the base erosion and anti-abuse tax (BEAT). This provision was enacted as part of the 2017 tax reform known as the Tax Cuts and Jobs Act (TCJA). In general, Section 59A imposes an additional tax on an “applicable taxpayer” equal to the base erosion minimum tax amount (BEMTA) for the taxable year. For Section 59A to apply, there must be an applicable taxpayer. In determining whether there is an applicable taxpayer, a gross receipts test (discussed below) and a specified “base erosion percentage” test (discussed below) must be satisfied.


The Proposed Regulations provide much needed guidance relating to the application of the BEAT. More specifically, the Proposed Regulations include guidance relating to:

  1. Whether a taxpayer is an applicable taxpayer on which the BEAT may be imposed
  2. Base erosion payments
  3. Base erosion tax benefits arising from base erosion payments
  4. The calculation of modified taxable income
  5. The BEMTA
  6. The treatment of partnerships
  7. Banks and registered securities dealers in the context of the BEAT
  8. Insurance companies in the context of the BEAT
  9. Anti-abuse rules under the BEAT
  10. The general application of the BEAT to consolidated groups
  11. Amendments to Treas. Reg. §1.383-1 to address limitations on a loss corporation’s items under Section 382 and 383 in the context of the BEAT, and
  12. Reporting and record keeping requirements relating to the BEAT.

Important guidance contained in the Proposed Regulations can be found in more detail on For additional information on the Proposed Regulations, see REG-104259-18.

BDO comment

The Proposed Regulations contain much needed guidance on the BEAT, including guidance on the services cost method (SCM) exception. There is a significant amount of complexity relating to the calculation of the BEAT. A BDO international tax specialist can help you with applying the rules contained in the Proposed Regulations.

Joe Calianno
[email protected]

Monika Loving
[email protected]