I don't see that as a concern. I think all that's really happening here is that where you're a shareholder in a foreign publicly listed U.S. company or, as I mentioned, an SEC registrant, you presently hold all of your investments in basically one piece of paper, and if they divide that up and put it into two pieces of paper, the gain that's in those shares, if there is one, is not escaping taxation. It's still there in the shares.
All the amendment allows you to do is to hold your investment through two pieces of paper, that being the distributing company and the spun-off company, instead of in one. But the gain is not escaping taxation. It's still there to be taxed when the shares are ultimately sold.