Posted on
A Reciprocal VAT?
Reuven S. Avi-Yonah examines President Trump’s “Fair and Reciprocal Plan” to impose reciprocal tariffs.
Posted on
Litigating Trump’s Tariffs, Part 1: The Lessons of Yoshida
In Part 1 of a two-part series, Robert Goulder comments on the ability of U.S. taxpayers to challenge tariffs in federal court.
Posted on
EU Groups Propose Pillar 2 Permanent Safe Harbor Features
BusinessEurope and Accountancy Europe have told the Platform for Good Tax Governance that a new OECD global minimum tax permanent safe harbor should be designed without the “once out, always out” rule to ensure its effectiveness.
Posted on
EU Lets U.S. Territories Off the Hook on BEPS
American Samoa, Guam, and the Virgin Islands won't have to implement the base erosion and profit-shifting project minimum standards to be removed from the EU's list of noncooperative jurisdictions.
Posted on
Revitalizing the U.S. Semiconductor Supply Chain Through Tax Policy
Patrick M. Ryle, Caleb S. Watkins, Keith Carruthers, and Robert Haverland examine the final regulations on the advanced manufacturing investment credit, focusing on the direct-pay election, the denial of the double benefit rule, and the excessive payment rule.
Posted on
Reeves Hints at U.S. Tariff Pressure Regarding U.K. DST
U.K. Chancellor of the Exchequer Rachel Reeves indicated the digital services tax is part of tariff discussions with the U.S. government but dodged questions about whether she is under pressure to drop it.
Posted on
No Amount B in Austria’s Detailed Transfer Pricing Rules Update
A comprehensive revision of Austria’s transfer pricing guidelines presents rule changes as mere clarifications despite their partially retroactive tightening effect, while simultaneously omitting any guidance on the OECD’s amount B concept.
Posted on
Cloud Services Sourcing Regulations: Moving in the Right Direction?
Paul W. Oosterhuis, Will Shirey, and Moshe A. Gershenfeld analyze a recently proposed method for determining the source of income for international cloud transactions that are characterized as services for sourcing purposes, arguing that the proposed regulations can help achieve certainty for global businesses.
Posted on
Does Transfer Pricing Have a Loper Bright Problem?
Thomas D. Bettge, Mark R. Martin, and Hans Gerling consider how the Supreme Court’s decision in Loper Bright may affect the application of section 482, the first sentence of which serves as the basis for the entire U.S. transfer pricing system but does not squarely address one of Loper Bright’s guardrails — the question of delegation.
Posted on
Harmonizing Tax Frontiers: OECD’s Soft Law in International Taxation and Its Effect on the EU Legal Order
Franklin Cachia explores the role of OECD soft law in shaping international taxation within the EU legal order, emphasizing its dual effect on harmonization and national sovereignty.
Posted on
Australian Government Will Tax Digital Assets Under Existing Laws
The Australian government will not introduce new tax legislation focused on cryptoassets, but will continue to evaluate the need for decentralized finance rules following the Board of Taxation's recommendations.
Posted on
OECD Fails to Respond to Shifting Political and Economic Winds
Jefferson Vanderwolk challenges the OECD’s still positive approach to the two-pillar project despite recent roadblocks.
Posted on
Ireland Announces Tax Revenue Analysis Amid U.S. Tariffs
The Ireland Department of Finance issued a release announcing the publication of an Irish tax revenue analysis in relation to the widespread U.S. tariff policies, noting that the paper does not take into account windfall corporate tax receipts from the last few fiscal years, which could mean that the need to protect Irish public finances is higher than the paper estimates.
Posted on
Revisiting U.S. Transfer Pricing Disputes Using OECD Guidance
Ryan Finley explains why the OECD transfer pricing guidelines corroborate some of the more controversial interpretations of the U.S. regulations.
Posted on
Trump, Gold Cards, and Taxes: Wooing the Huddled Masses
Robert Goulder comments on replacement of the EB-5 visa program with a residency-for-sale scheme.
Posted on
Tax on Ultrarich Is Gaining Support at All Levels in the EU
The Netherlands has asked the EU Code of Conduct Group on business taxation to set its sights on the tax treatment of wealthy individuals while the EU Tax Observatory sees its own tax proposal gaining traction.
Posted on
EU Drops DEBRA in Final Savings and Investments Union Plan
The European Commission removed a plea for member states to drop opposition to the Debt-Equity Bias Reduction Allowance directive in its new savings and investments union plan.
Posted on
U.S. Coalition Supports Withdrawal From OECD’s Global Tax Plan
The Alliance for Competitive Taxation issued a letter to U.S. Treasury Secretary Scott Bessent voicing support for the executive order pulling the United States out of the OECD global tax deal, emphasizing that the undertaxed profits rule under pillar 2 of the OECD’s two-pillar tax reform plan would cause the United States to lose an estimated $122 billion in tax revenue over the next decade.
Posted on
EU Tax Commissioner Against Throwing Pillar 2 ‘in the Dustbin’
As some EU member states and businesses ratchet up the pressure to put pillar 2 on pause amid global tax and trade tensions, EU Tax Commissioner Wopke Hoekstra said the bloc should stand its ground.
Posted on
IRS Memo on CWI: Moving Away From the Arm’s-Length Standard
Michael McDonald analyzes whether a recent IRS generic legal advice memorandum affects the way the commensurate with income standard should be implemented compared with former guidance.
Posted on
Canadian Tariffs and Cross-Border Taxes: Opportunity for a Reset
Mindy Herzfeld explains how recent U.S. tariff policy could be an opportunity for a reset of Canada’s tax policies toward U.S. multinationals.
Posted on
EU Transfer Pricing Platform Talks Collapse
The European Commission is not interested in establishing a coordinating group on transfer pricing that does not produce political commitment from member states or peer reviews, leaving talks on a joint platform at an impasse.
Posted on
Is the UTPR Extraterritorial or Discriminatory?
Reuven S. Avi-Yonah explains the relationship between recent executive orders and the Defending American Jobs and Investment Act with the debate over discriminatory international taxes.
Posted on
The Trump Memoranda and the Future of International Taxation
Raffaele Russo and Gaia Maglione examine the future of international taxation following the withdrawal of support for the OECD global tax deal and the launching of the America First trade policy via Trump administration memoranda.
Posted on
EU to Target Republican States’ Products With Countertariffs
After the Trump administration’s decision to impose a 25 percent import duty on steel and aluminum, the EU plans to hit the U.S. president where it hurts, targeting Republican states with tariffs on their exports.
Posted on
Tax Platform Will Soon Finalize Tax Incentives Principles
The Platform for Collaboration on Tax hopes to finalize in the coming weeks incentives principles to guide policymakers navigating an international landscape shaped by developments such as the OECD’s global minimum tax rules.
Posted on
The Sword Against Discriminatory Foreign Taxes Is a Bit Rusty
Libin Zhang examines section 891 and how it is limited by withholding tax statutes and U.S. income tax treaties.
Posted on
Latin America and the Caribbean’s Rise in Tax Cooperation
Nana Ama Sarfo reviews the first year of the Regional Platform for Tax Cooperation in Latin America and the Caribbean.
Posted on
EU Walking Tightrope Between OECD and U.S. Minimum Tax Rules
Despite EU businesses’ increasing calls for a pause in pillar 2 talks, a senior EU official said the bloc will seek an agreement that considers both the U.S. and OECD rules on minimum corporate taxation.
Posted on
EU Council Announces Agreement on Information Exchange Directive
The EU Council announced that it has reached a final agreement on the ninth directive on administrative cooperation (DAC9) that will implement the global minimum information exchange standard under the OECD’s two-pillar tax reform plan, noting that member states are required to enforce DAC9 by December 31.
Posted on
European Commission Refuses to Give Up on DEBRA
The European Commission is urging member states to drop their opposition to the Debt-Equity Bias Reduction Allowance directive without suggesting any adjustments to the proposal.
Posted on
Manufacturing a New Domestic Incentive
Michael DiFronzo, Nick Zemil, and Yulia Markova explore the path to a domestic production benefit and the potential mechanics of a manufacturing incentive.
Posted on
EU Commission Reports on 2023 Tax Trends
The EU Commission has announced the availability of tax trend data from 2023, noting that EU member states collected €6.7 billion in taxes — a 4.7 percent rise from 2022 — with increases in labor taxes and capital taxes of 5.9 percent and 4.5 percent, respectively.
Posted on
Big Pharma Profits Stay Outside the United States
Martin A. Sullivan examines recent Form 10-K data from big pharmaceutical companies indicating that there is more worldwide, before-tax profit shifting outside the United States since passage of the Tax Cuts and Jobs Act.
Posted on
NFTC Comments on Transfer Pricing Approach Consultation
The National Foreign Trade Council in a March 7 letter responded to the IRS’s public consultation regarding Notice 2025-4, which outlines the IRS and Treasury’s plan to propose regulations that are compliant with the OECD’s simplified amount B standard, urging Treasury and the IRS to expand the transfer pricing approach to include more industries and services and provide necessary guidance.
Posted on
USCIB Calls for U.S. Leadership on Widespread Amount B Adoption
The United States must keep pushing for broader implementation of the amount B simplified and streamlined transfer pricing approach to avoid complexity and current controversy levels, the U.S. Council for International Business said.
Posted on
Tax Considerations for the Potential U.S. Annexation of Greenland
Libin Zhang considers the tax aspects of a possible annexation of Greenland by the United States.
Posted on
EU Envoys Fail to Reach Agreement on DAC9
Once again, EU member states couldn’t agree on how to make future updates to the ninth directive on administrative cooperation, which transposes the OECD's standard global minimum tax information return into EU law.
Posted on
Business Groups Call for U.S. Action at WTO on Digital Taxes
The United States should act at the WTO level to push back against other countries’ digital services taxes and similar measures that extract revenue from U.S. exports of digital products and services, business groups said.
Posted on
China Targets U.S. Farm Products With Retaliatory Tariffs
China has responded to President Trump's decision to implement new tariffs against Chinese imports by targeting American imports with a second round of retaliatory tariffs that threaten to disrupt agricultural trade.
Posted on
Long-Dormant Provision Complicates Tax and Trade Landscape
President Trump’s desire to use section 891 as a tool for international trade negotiations will require countries and their tax administrations to evaluate the tax and trade landscape.
Posted on
Opinion: Tariffs and the Slowing Economy
Tariff uncertainty and business caution are hitting first-quarter growth.
Posted on
Big Tech SEC Filings Tell Two Different Stories, Redux
Martin A. Sullivan examines the most recent Big Tech SEC filings, showing that many of those companies persist in keeping large portions of their profits outside the United States.
Posted on
Amount A: Revise, Restart, or Ditch?
Mindy Herzfeld examines options for amount A going forward.
Posted on
Trump’s Ambiguous Statements Throw EU Observers Off Balance
The Trump administration’s executive order disengaging from the OECD’s global tax plan and threatening retaliatory measures describes some actions that have never been taken and are legally questionable, further fueling global uncertainty, observers said.
Posted on
Customs Valuation Examples Under Trump’s Tariff Threat
J. Harold McClure analyzes the customs valuation for three different examples of popular imports under President Trump’s tariff regime.
Posted on
No Need for Panic on Pillar 2, EU Official Says
The problems raised by the United States regarding pillar 2 of the global tax plan are largely technical in nature and can be fixed, a senior European Commission official said.
Posted on
G20 Ministers Note Sovereignty Amid Global Tax Deal Talks
G20 members have observed recent progress on the OECD’s two-pillar global tax plan, recognizing countries’ autonomy while backing quick adoption of the reforms, according to a summary of a key G20 meeting.
Posted on
Beyond Tariffs: Should Trump Revive the DBCFT?
Robert Goulder connects the dots between President Trump’s affinity for tariffs and the border adjustment available under the destination-based cash flow tax.
Posted on
The Effect of Digital IP on Taxation and Transfer Pricing
Paul Glunt, Andrew Vickrey, and Jack O’Meara highlight examples of the digital transformation that is creating transfer pricing issues for multinational enterprises unique to the transfer or licensing of digital intangible property, and explain how investments in digital can address these issues and create value.