Eliminate Check-the-Box, Hybrid Entities, and Hybrid Instruments
A number of proposals have been made to eliminate check-the-box and in general to adopt rules
that would require legal entities to be characterized in a consistent manner by the United States
and the country in which an entity is established. This proposal has been made by McIntyre.119
Rules requiring that legal entities be characterized in a consistent manner by the United States
and by the country in which they are established and that tax benefits arising from inconsistent
treatment of instruments be denied would address this particular class of provisions that
undermine Subpart F and the matching of credits and deductions with income. President Obama’s
first budget proposal included a provision that disallows a subsidiary to treat a subsidiary
chartered in another country as a disregarded entity.