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Int'l Tax News

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Patent Box Meeting OECD Rules Likely OK for U.S Model Treaty


by Alex M. Parker
A patent or innovation box that passes new OECD standardswill also likely be acceptable under the new U.S. model tax treaty, according to a Department of Treasury official.
For the DTR story, gohere. (subscription required)

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Final Country-by-Country Rules May Address Territories


by Alex M. Parker
Final U.S. regulations implementing the OECD's country-by-country reporting scheme likelywill address how to consider quasi-independent territories such as Puerto Rico, a Treasury Department official said.
For the DTR story, go here. (subscription required)

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Debt-Equity Regs May Change Current Law


bywilliam R. Davis & Lee A. Sheppard
Government officialswho participated in the drafting of the proposed regulations undersection 385were challenged May 6 by practitioners on the degree towhich the new rules might change current law.
For the TNT story, go here. (subscription required)

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U.S. Model Treaty Emphasizes Antiavoidance Measures


by Alexander Lewis
The IRS has become aware of U.S. tax treaties' role in international tax avoidance schemes, and the most recent U.S. model treaty includes several changes designed to curb that abuse, according to Danielle Rolfes, Treasury international tax counsel.
For the TNT story, go here. (subscription required)

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News Analysis: A New Protectionism in U.S. Tax Policy?


by Mindy Herzfeld
Mindy Herzfeld examines the recent push in the U.S. to increase the tax burden on foreign multinationals, and explainswhy those multinationals and other advocates for increased foreign direct investment in the U.S.will not go downwithout a fight.
For the TNI article, go here. (subscription required)

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U.S. Tax Review (1) (4)


by James P. Fuller
In this article, James P. Fuller discusses section 385 and 7874 regulations, advance pricing agreements, and theCheri LaRuecase.
For the TNI article, go here. (subscription required)

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How foreign tax changes affect U.S. businesses and the prospects for tax reform

  • By Brookings Institution

by Brookings Institution

Changes in the taxation of business income by our major trading partners are creating shockwaves in the United States. On Tuesday, May 3, the Urban-Brookings Tax Policy Center examined the implications of theseworldwide changes for tax reform in the U.S. The symposium is named for Donald C. Lubick,who served in senior tax policy positions in the government for over four decades, and honors his extraordinary record of public service on behalf of better tax policy.

For the video of the conference, gohere.

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Profit Shifting Under Pressure

  • By Credit Suisse

Multinationals are facing a tougher tax environment, and it's coming atthem from a number of different angles.

For the Credit Suisse release, go here.

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States May Follow Treasury's Lead on Debt-Equity Rules


by Alex M. Parker
Now that the Treasury Department has issued new regulations strengthening rules on the classification of intercompany debt and equity, states may soon follow, a Multistate Tax Commission official said.
For the DTR story, gohere. (subscription required)

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Related-Party Debt Rules Could Clarify Partnership Lending


by Laura Davison
Government officials are debatingwhether debt issued by a partnership to a consolidated groupwould be subject to the substantiation requirements in proposed rules on related-party debt, an IRS representative said.
For the DTR story, go here. (subscription required)

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300 economists urge leaders to reject tax havens


by Danika Kirka
Hundreds of economists urgedworld leaders Monday to end the era of tax havens, arguing they only benefit rich individuals and multinational corporations and serve to increase inequality.
For the Seattle Times story, go here.

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Economic Analysis: For Economy's Sake, Time for Tax Reform Compromise


If Republicans reallywant business tax reform, they need to get out of their bubble and face the political reality. In the short term, they should consider drafting small-scale tax reform legislation that Clinton can sign. But it isn't just Republicanswho need a new mind-set. If Democrats reallywant to help Americanworkers, they need to get out of their own bubble and face the economic reality.

For the Tax Notes article, gohere. (subscription required)

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U.S. Taking Cautious Approach to Adoption of New PE Standard


by Ryan Finley
Before agreeing to incorporate the OECD's revised definition of permanent establishment into bilateral tax treaties, Treasury officialswant to be confident that countrieswill attribute profit to a PE in a consistent manner, according to Brian Jenn, attorney-adviser, Treasury Office of International Tax Counsel.
For the TNT story, go here. (subscription required)

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IRS Related-Party Debt Rules to Increase States' Focus on Transfer Pricing


by Amy Hamilton
The IRS's newly proposed related-party debt reclassification ruleswill likely pique -- rather than diminish -- state tax authorities' interest in transfer pricing reviews, practitioners said May 6.
For the STT story, go here. (subscription required)

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No 'Legitimate Expectations' in Excess Profit State Aid Case, Commission Says


For thewWTD story, go here. (subscription required)

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U.S. Inversion Rules Expected to Affect Canadian Companies


by Peter Menyasz
New U.S. regulations designed to prevent companies from shifting profits offshore, particularly through inversion transactions, may unintentionally capture Canadian companies, an international tax practitioner said.
For the DTR story, gohere. (subscription required)

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Belgian Minister: EU Demand for Tax Repayments Stupid


by Ianwishart & Aoifewhite
Belgiumwill "fight tooth and nail" to avoid clawing back some 700 million euros ($803 million) in tax breaks from multinational companies that European Union regulators ruled illegal earlier this year, the country's finance minister said.
For the DTR story, go here. (subscription required)

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PE changes increase risk of tax exposure in jurisdictions where a company has no legal entity (2)

  • By International Tax Review

Multinational enterprises (MNEs) are facing new challenges arising from OECD's developments regarding the determination of a taxable presence in a foreign countrywhere the company operateswithout a legal entity.

For the ITR story go here

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New IRS Intangibles Rules Called Radical Policy Departure


For the DTR story, go here Subscription Required

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Companies Need to Step Into Global Tax Debate: U.S. Official


by Kevin A. Bell
U.S. multinational corporations must become more involved and proactive in the debate and formulation of new international tax rules, said U.S. Deputy Assistant Treasury Secretary for International Tax Affairs Robert Stack.
For the DTR story, gohere. (subscription required)

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Stack Says Tax Reform Agenda Should Address International Issues


by Ryan Finley
Any tax reform agenda advanced by the U.S. business community that doesn't address the causes of instability in the international tax systemwould be a Pyrrhic victory, according to Robert Stack, Treasury deputy assistant secretary (international tax affairs).
For the TNT story, go here. (subscription required)

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EU Mulling Fair Taxpayer' Label, Better Dispute Resolution


by Joe Kirwin
The European Commissionwill propose legislation to help resolve cross-border tax disputes and is considering a "fair taxpayer" label for companies and a European tax identification number, alongwith tax breaks for research and development, in upcoming Common Consolidated Corporate Tax Base (CCCTB) legislation, according to the commission.
For the DTR story, gohere. (subscription required)

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Delete Expenditures in Reshaping Tax Code: Harvard Professor


by Aaron E. Lorenzo
Get rid of tax expenditures as part of reshaping the U.S. tax code and focus on lowering tax rates, Harvard University professor Dale Jorgenson said.
Doing sowould help lay the groundwork for improving business investment conditions, he said on a conference call hosted by the American Council for Capital Formation on May 3.
For the DTR story, go here. (subscription required)

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Introduction to Capital Formation 101


by Dr. Pinar Cebiwilber
The complex U.S. business tax structure and high taxes on capital gains and dividends are slowing investment growth, but growing support for corporate tax reform and for a shift to a "consumed-income tax system" are positive signs for the future of the economy, Pinar Çebiwilber of the American Council for Capital Formation said in a May report.
For the ACCF report, go here.

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Tax authorities adapt to rise of e-commerce


As tax authorities around theworld start to examine how e-commence sales affect their revenue from indirect tax it is important for taxpayers to knowwhat measures are being enforced.


For the ITR story, go here.

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The Intersection of EU State Aid and U.S. Tax Deferral: A Spectacle of Fireworks, Smoke, and Mirrors

  • By Florida Tax Review

The Advance Pricing Agreements or transfer pricing rulings granted to U.S. multinationals by Ireland, the Netherlands, and Luxembourgwere principally designed to achieve U.S. tax deferral and not EU tax avoidance. Adverse BEPS effectswithin the European Unionwould be immaterial in comparison to the deferral of U.S. tax on residual IP related profits, andwould have occurred primarily in countries other than those chargedwith the granting of unlawful State aid. The significant tax policy implications for both Europe and the United States resulting from the State aid decisions by the EU Commission are explored here in detail.

To read more go here

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Gabon corporate tax amendments enacted

  • By PwC

by PwC

The Gabonese Republic has enacted the Finance Act 2016,which amends certain provisions of the Gabonese Republic Tax Code.

This Insight discusses the main changes resulting from enactment of the Finance Act 2016 that could affect multinational companies doing business in Gabon.

For the PwC Insight, gohere.

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After Altera, Services Regs May Be Next


by Ryan Finley
Following the U.S. Tax Court's invalidation of the 2003 cost-sharing regulations' requirement that stock-based compensation be included in the shared intangible development cost pool, other sections of the section 482 regulations that make reference to cost may be vulnerable to challenge on similar grounds, according to an expert panel.regulations that make reference to cost may be vulnerable to challenge on similar grounds, according to an expert panel.
For the TNT story, go here. (subscription required)

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Lawmaker offers bill to impose 'exit tax' on expatriating companies


by Naomi Jagoda
Rep. Lloyd Doggett (D-Texas) introduced a bill thatwould impose an exit tax on expatriating companies, a concept Democratic presidential candidate Hillary Clinton
has championed.
For the Hill story, go here.

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Overview: the European Parliament's work on taxation

  • By European Parliament News

The fight for fair taxation in the EU is high on Parliament's agenda following the revelations as a result of LuxLeaks and the Panama papers. At a timewhen EU countries are struggling to recover from the crisis, MEPs are pushing for greater transparency and an end to tax unfair practices. Read on for our overview of Parliament initiatives.


For the European Parliament release, go here.

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Investment Into U.S. Fueled by Tax-Driven M&As, Report Says


by Alison Bennett & Laura Davison
Attitudes toward transfer pricing and tax planning are shifting rapidly among European multinationals, according to one professorwho has spoken to tax practitioners and chief financial officers.
For the DTR story, gohere. (subscription required)

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Investment Into U.S. Fueled by Tax-Driven M&As, Report Says (1)


by Alexander Lewis
Global foreign direct investment increased by 25 percent in 2015, largely because of cross-border mergers and acquisitions designed to reduce companies' U.S. tax burdens, according to the OECD.
For the TNT story, go here. (subscription required)

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News Analysis: Who's Afraid of Anti-Inversion Rules?


by Amanda Athanasiou
Amanda Athanasiou elaborates on the recent announcement that Pfizer Inc. and Allergan PLC have called off their planned merger following the U.S. Treasury's release of anti-inversion regulations.
For the TNI story, go here. (subscription required)

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Parliamentarians Compare BEPS Project Notes at OECD Meeting


EU and non-EU parliamentarians convened on May 2 at the OECD in Paris,where theywere briefed on the current state of play on base erosion and profit-shifting project implementation, andwere able to compare notes on their respective countries' experienceswith BEPS measures, attendees told Tax Analysts.

For thewWTD story, go here Subscription Required

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The Huge Disconnect Between Congress and the Public on Business Tax Reform


If you are looking for an example of how corporate interests continue to dominate the agenda in Congress, a recent hearing on business tax reform held by the Senate Finance Committee is Exhibit A.

For the Tax Justice Blog post, gohere.

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Thomson Reuters Releases Special Report on OECD''s Country-by-Country Reporting Requirements

  • By GlobalNewswire

Thomson Reuters Checkpoint has just released a special report addressing the European Commission's Anti-Tax Avoidance Package (ATA) and other global Country-by-Country Reporting (CbCR) developments designed in conformitywith the OECD BEPS Action 13 recommendations. The report,

BEPS Filing Requirements for Multinationals Under Country-by-Country Reporting,will help multinational enterprises (MNEs) gauge their readiness to collect and aggregate the data required under CbCR andwill equip themwith the latest CbCR information to navigate this complex, quickly evolving landscape.

For the report, go here.

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We Need a Serious Approach to International Tax Reform


While the Obama administration touts its recent rules to limit corporate inversions as a step forward towards fixing our broken tax code, it is clear this administration fundamentally misunderstands the problems that are driving American companies abroad. In the long run, punitive Treasury Department regulationswill only make America less competitivewhile this administration ignores the core problem: a hopelessly outdated corporate tax code.

For theweekly Standard article, go here.

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Delaware's Opacity Industry Provides U.S. Onshore Tax Haven


byDavid Kocieniewski (BNA.com)
Chevron Corp. used a shell company in a tax haven to escape hundreds of millions of dollars in Australian taxes, according to a 2015 court ruling. The subsidiary,which allowed Chevron to eliminate Australian taxes on $1.7 billion in profit earned there,wasn't secreted away on a remote tropical islandÔøΩitwas set up in the very mundane localewhere corporate secrecywas born: Delaware.
For the DTR story, gohere. (subscription required)

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Inversion Rules Build Costly Wall for U.S., Brady Says


by Laura Davison and Kaustuv Basu ( BNA.com)
The Treasury Department's anti-inversion rules build awall that U.S. companieswill have to pay for, Houseways and Means Chairman Kevin Brady (R-Texas) said.
For the DTR story, gohere.(subscription required)

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Curb on 'Hopscotch' Loan Could be Expandesl, Official Says


by Alison Bennett (BNA.com)
Non-inverted companies could face a crackdown on the use of "hopscotch" loans under tax code Section 956 to shift income out of the U.S.
For the DTR story, gohere.(subscription required)

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International Tax News - Edition 39

  • By PwC

by PwC

International Tax News is designed to help multinational organisations keep upwith the constant flow of international tax developmentsworldwide.

For the current issue, gohere.

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EU Study Recommends Reducing Incentives for Agggrssive MNE Tax Planning


Countries seeking to curb tax avoidance by multinational enterprises and high-net-worth households need to reduce incentives for the promotion of aggressive tax planning schemes by financial institutions, according to a draft study released by the European Parliament's TAXE II special committee on tax rulings.
For thewWTD story, gohere. (subscription required)

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Cash Pooling Impact May Shrink in Earnings-Stripping Rules


by Alison Bennett
Some arrangements that companies use to "pool" cash for use by subsidiaries might get a break in final rules intended to stop companies from shifting income out of the U.S. through tax-favored loans, Treasury and IRS officials said.
For the DTR story, gohere. (subscription required)

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Time to Rewrite Transfer Pricing Rules After Altera'?


by Alex M. Parker
After its major loss in the case against Altera Corp., is it time for the IRS to rewrite its now 24-year-old transfer pricing regulations?
One practitionerÔøΩand former Internal Revenue Service associate chief counselÔøΩthinks so.
For the DTR story, gohere. (subscription required)

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News Analysis: Proceeding Directly to an Exit Tax


by Marie Sapirie
Following the release of the earnings stripping regulations, the next action against inversions may be imposing an exit taxwhen corporationswith unrepatriated foreign earnings are acquired by foreign corporations.
For the Tax Notes article, go here. (subscription required)

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News Analysis: Transfer Pricing Needs a Save Shot


by Lee A. Sheppard
The government recently managed to do everything it could to demolish a sure thing in losingAltera Corp. v. Commissioner, 145 T.C. No. 3 (2015). Around here,we'd like to bewriting the obituary of separate company accounting and transfer pricing, but in the meantime, the IRS has to be able to put on a credible show of enforcement.
For the Tax Notes article, gohere.(subscription required)

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Germany, Others Questions Public Country-by-Country Reporting


Germany and other European Union members questioned the value of public country-by-country profit and tax reporting, a victory for leading European businesses trying to convince EU states to instead focus their efforts on reducing value-added tax fraud.
For the DTR story, gohere.(subscription required)

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Professors Say International Tax System Changes Fall Short


by Linda A. Thompson
Tax law professors and consultants from Belgium and the U.K.,who cited recent initiatives to overhaul the international tax system, are calling for a more radical approach.
For the DTR story, gohere.(subscription required)

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Intangible BEPS Risks


by James J. Tobin
James Tobin of EY looks at how the OECD's base erosion and profit shifting report on transfer pricingwould require that returns on intangible property be "appropriately" attributed to related partieswho actually control and manage the risks or intangibles.
For the BNA Insight, gohere. (subscription required)

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The Post-BEPS World of Permanent Establishment


by Kevin Cunningham
Kevin Cunningham discusses how the OECD's final base erosion and profit-shifting report on action 7 changed the definition of permanent establishment and the effect that change could have on multinational enterprises.
For the TNI report, go here. (subscription required)
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