Litigation and enforcement partner Ryan Rohlfsen co-authored an article for the FCPA Professor. The amounts paid to the government pursuant to Foreign Corrupt Practices Act resolutions typically include criminal penalties and civil fines, including disgorgement or forfeiture of ill-gotten gains. Unsurprisingly, a significant question companies face when making payments to the government to resolve alleged FCPA violations is whether any portion of the payments is deductible for tax purposes. In the article, the authors explain recent tax reform that has made substantial changes to the rules governing tax deductibility of such payments. They also highlight considerations companies should keep in mind while negotiating resolutions of governmental investigations of FCPA violations.
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