The Western Hemisphere Trade Corporation:A Functional Perspective

Among the statutory forms available for the conduct of foreign operations the Western Hemisphere Trade Corporation, traditionally the Cinderella of the Internal Revenue Code, has been reoriented by the new provisions of the Revenue Act of 1962. Unlike its story-book counterpart, however, the Western Hemisphere Trade Corporation does not emerge in a state of new magnificence. The new act,by curtailing, but not eliminating, the deferral of taxation on earnings retained abroad by United States controlled foreign subsidiaries, has initiated a process of review and of reorganization of the tax planning of foreign operations. Since the new statutory provisions affect existing foreign sales and service subsidiaries, operated through "base companies" and "tax havens," many foreign subsidiaries of United States corporations will be realigned, if not entirely eliminated.

Yet an increase in the use of the Western Hemisphere Trade Corporation is unlikely to result. Rather, the immediate consequence of the new provisions will be a re-examination of the benefits of the older forms as against new alternatives. An assessment of the Western Hemisphere Trade Corporation as a vehicle for the conduct of foreign trade is thus appropriate.