Grzegorz Mysiński (asker) Oct 29, 2020:

Mike, to wpisz swoją propozycję jako odpowiedź.

mike23 Oct 29, 2020:

Grzegorz, proponuję taką wersję lub coś podobnego:

Kryteria/kryterium niekończącej się reinwestycji zysku niepodzielonego/zatrzymanego [przez zagraniczną spółkę zależną/kontrolowaną] (The indefinite reversal criteria)
---

foreign subsidiary's undistributed earnings are permanently reinvested
https://www.sec.gov/Archives/edgar/data/909832/0001193125165...
https://kancelaria-skarbiec.pl/publikacje/cfc-rules.html
https://interpretacje-podatkowe.org/dywidendy/ibpb-1-3-4510-...

mike23 Oct 29, 2020:

No U.S. Taxes! – Indefinite Reversal Criteria of ASC 740 (APB 23)

It’s been in the press a lot lately. U.S. companies are “cheating” the U.S. taxpayers by not paying their “fair share” of income taxes. How? By utilizing the indefinite reversal criteria within ASC 740, otherwise known as the “APB 23 exception.” See, when foreign subsidiaries of U.S. companies make money, they do pay income taxes – in their country of domicile. Of course, this may be at 0% if they are located in tax havens such as the Bahamas, Bermuda, or the Cayman Islands. This post explores the requirements of the often-maligned APB 23 exception and provides a word of warning for companies currently utilizing it.
...

How do these companies avoid paying taxes?

Companies do pay taxes on foreign earnings, but they pay them when and where they are earned. However, if the company meets the indefinite reversal criteria within ASC 740, they do not owe U.S. taxes on the foreign earnings until they are repatriated or the company no longer meets the criteria.
https://www.gaapdynamics.com/insights/blog/2016/09/20/no-u.s...

Grzegorz Mysiński (asker) Oct 29, 2020:

Dziękuję Mike, coś opisowego pewnie wymyślę.

mike23 Oct 27, 2020:

If circumstances change and it becomes apparent that some or all of the undistributed earnings of a subsidiary will be remitted in the foreseeable future but income taxes have not been recognized by the parent company, it should accrue as an expense of the current period income taxes attributable to that remittance; income tax expense for such undistributed earnings should not be accounted for as an extraordinary item. If it becomes apparent that some or all of the undistributed earnings of a subsidiary on which income taxes have been accrued will not be remitted in the foreseeable future, the parent company should adjust income tax expense of the current period; such adjustment of income tax expense should not be accounted for as an extraordinary item.
https://www.fasb.org/cs/BlobServer?blobkey=id&blobnocache=tr...

http://mba.tuck.dartmouth.edu/pages/faculty/leslie.robinson/...

mike23 Oct 27, 2020:

- The indefinite reversal criteria:

The presumption that all undistributed earnings will be transferred to the parent entity may be overcome, and no income taxes shall be accrued by the parent entity, if sufficient evidence shows that the subsidiary has invested or will invest the undistributed earnings indefinitely or that the earnings will be remitted in a tax-free liquidation

A parent entity shall have evidence of specific plans for reinvestment of undistributed earnings of a subsidiary which demonstrate that remittance of the earnings will be postponed indefinitely

Experience of the entities and definite future programs of operations and remittances are examples of the types of evidence required to substantiate the parent entity's representation of indefinite postponement of remittances from a subsidiary
https://www-old.sjsu.edu/taxinstitute/docs/AcctgIncomeTaxes_...