Skip to main content

2023

U.S. Multilateral Tax Goals Will Be Victims in Global Trade War

Ryan Finley explains why the United States’ “reciprocal” tariff policy and U.S. tax unilateralism are a bad combination.

To read more go here Subscription Required

Countries Want to Seek Path Forward With U.S. on Pillar 2

Members of the OECD inclusive framework on base erosion and profit shifting want to work with the United States to find a way forward on global minimum tax rules, the OECD’s tax head said.

To read more go here Subscription Required

EU Counties to Work Out Pillar 2 Policy Options

EU ambassadors have asked the high-level working party on tax questions to discuss pillar 2 of the OECD’s global corporate tax project in light of the United States’ disengagement and to work out policy options.

To read more go here Subscription Required

Pillar 2 Guidance, EU Directive Face Compatibility Questions

Doubts have emerged about the compatibility of the pillar 2 administrative guidance released by the OECD inclusive framework in 2023 and 2025 and the EU’s pillar 2 directive, which was approved in 2022, observers say.

To read more go here Subscription Required

U.S. Tariff Investigations Target Pharmaceuticals and Tech

The United States has opened tariff investigations into pharmaceutical products and semiconductors to examine and resolve potential threats to national security.

To read more go here Subscription Required

Exempt Small Economies From New Tariffs, U.N. Exhorts U.S.

Small, vulnerable countries should be exempt from new U.S. “reciprocal tariffs” because the new measures could devastate their economies without meaningfully affecting U.S. trade deficits or increasing U.S. revenue, according to a U.N. department.

To read more go here Subscription Required

Evaluating Possible U.S. Retaliatory Tax Measures

Danielle Rolfes, Casey Caldwell, and Alistair Pepper explore some of the key issues presented by four retaliatory tax measures now under consideration by President Trump and Congress to respond to discriminatory or extraterritorial taxes imposed by foreign countries.

To read more go here Subscription Required

The Interplay Between Tax and Financial Regulations in a New Digital World

Antonio Lanotte explores the development of digital technologies in the EU as a means to boost sustainable competitiveness, support innovation, and drive a clean transition.

To read more go here Subscription Required

U.N. Body Examines U.S. Tariffs’ Impact on Developing Countries

The U.N. Conference on Trade and Development published a report on April 14 analyzing the potential impact of U.S. tariffs on small and developing countries, including information on how more vulnerable countries would not significantly affect the United States' additional tariff revenue collections but would be disproportionately affected by high tariff rates.

To read more go here Subscription Required

Cars, Tariffs, and Taxes

Lee A. Sheppard examines the implications of the Trump administration’s tariff policy.

To read more go here Subscription Required

OECD Talks Continue on Two-Pillar Global Tax Reforms

Jurisdictions in the OECD inclusive framework on base erosion and profit shifting, including the United States, have confirmed they will keep going with negotiations on the OECD’s plan to revamp the corporate tax system.

To read more go here Subscription Required

EU Considers Retaliatory Tax on U.S. Digital Ad Revenue

EU finance ministers showed that they're willing to consider retaliatory measures against U.S. tariffs after the European Commission floated the idea of a digital levy if negotiations fail.

To read more go here Subscription Required

UTPR Permanent Safe Harbor Easier for EU, Dutch Official Says

Extending the transitional undertaxed profits rule safe harbor to ease U.S. concerns over pillar 2 would be easier under the EU directive than by granting the United States minimum tax equivalence, a Dutch official said.

To read more go here Subscription Required

Key Case Law Developments, Recent IRS Rulings, and Trump’s Response to DSTs

 Larissa Neumann and William R. Skinner examine the Trump administration’s calls for action against countries with discriminatory or extraterritorial taxes in place; review recent important case law developments; and explore IRS rulings on the controlled foreign corporation group election under section 163(j), check-the-box, and proposed regulations for previously taxed earnings and profits.

To read more go here Subscription Required

Swiss Pillar 2 Tax Receipts May Fall Short of Projections

The 50 largest Swiss groups will pay nearly $300 million for the 2024 financial year in Switzerland and elsewhere, far less than government expectations, according to a Deloitte Switzerland study.

To read more go here Subscription Required

Should the States Return to Worldwide Combined Reporting?

Reuven S. Avi-Yonah examines the history of worldwide combined reporting and its relevance today.

To read more go here Subscription Required

German Coalition to Lower Corporate Taxes, Support Pillar 2

Germany’s mainstream political parties have pledged to cut corporate tax rates while supporting the OECD’s minimum tax plan as part of an agreement that lays out the framework for a governing coalition.

To read more go here Subscription Required

South Korea Offsets U.S. Tariffs With Tax Breaks for Auto Sector

South Korea will introduce tax incentives for new car purchases and other measures to support the country’s automobile industry, which has been buffeted by sharply higher U.S. tariffs.

To read more go here Subscription Required

GLOBE and the Excess Negative Tax

Lucas de Lima Carvalho explores the excess negative tax introduced in the model rules, which raises concerns about ability to pay and whether jurisdictions can tax “income” that constituent entities did not earn in the relevant fiscal year.

To read more go here Subscription Required

A Shifting Landscape: International Taxation of Software Payments

Giammarco Cottani and Nadia C. Altenburg explain the necessity for international consistency regarding taxation of software to avoid an escalating rift between technology-exporting and technology-importing countries.

To read more go here Subscription Required

U.S. Tariffs Solidify MEPs’ Stance on EU Competition Rules

Members of the European Parliament said EU competition rules are not a bargaining chip to avoid U.S. tariffs and that companies structured through tax havens should be barred from receiving state aid.

To read more go here Subscription Required

Using Tariffs to Make Canada a State? It’s Been Tried Before

Joseph J. Thorndike examines how the United States, since the earliest days of its nationhood, has attempted to use tariffs to pressure Canada into becoming a U.S. state.

To read more go here Subscription Required

BusinessEurope Asks EU to Reassess Its Position on Pillar 2

Advocacy group BusinessEurope urged the EU to consider the United States’ disengagement from the OECD’s global tax plan to ensure that the bloc’s pillar 2 implementation doesn’t expose its businesses to "geopolitical and economic retaliation."

To read more go here Subscription Required

Trump’s Tariffs Generate Tons of Criticism as Uncertainty Abounds

Economists and trade groups alike are concerned that the uncertainty produced by Trump’s new round of tariffs will create trade barriers and detrimentally affect consumers.

To read more go here Subscription Required

Automation of Transfer Pricing Analysis Beyond Amount B

Kerem Yener Toklu proposes an approach to estimate the distribution of returns for a tested party based on its entity- and market-specific factors, enabling the identification and statistical testing of economically significant risks while capturing the risk-return tradeoff.

To read more go here Subscription Required

How to Simplify New Cloud Computing Regs for Greater Taxpayer Certainty

Paul Poliakov explains the key features of proposed cloud computing transaction regulations and suggests how to simplify the rules to promote taxpayer certainty and reduce compliance problems.

To read more go here Subscription Required

More Countries Decline to Adopt Amount B Framework

The Spanish government has published in its official gazette regulations that implement its global minimum tax regime, covering administrative issues including tax calculations, information return filing, and penalties.

To read more go here Subscription Required

CARICOM to Update Multilateral Tax Treaty

Caribbean Community (CARICOM) officials have finalized a protocol to the 1994 CARICOM income tax treaty that would align the agreement with international standards for information exchange and dispute resolution, according to a March 31 release published on the CARICOM website.

To read more go here Subscription Required

USTR Identifies EU Countries With Taxes That Hamper Trade

The Office of the U.S. Trade Representative has cataloged EU countries' taxes that it considers trade barriers hindering U.S. exporters in a report published ahead of President Trump's self-declared “Liberation Day.”

To read more go here Subscription Required

NTUF Says Trump Should Push for End to Digital Services Taxes

President Trump should stop negotiating with the OECD on the global tax deal but could continue talks to eliminate digital services taxes, but he should leave negotiations if United States interests aren’t addressed, the National Taxpayers Union Foundation said in a March 28 report.

To read more go here Subscription Required

Tariffs, Trade, and Transfer Pricing: A Guide to Navigating Economic Uncertainty

Wes Cornwell, Ana María Romero, and Kirsten Speas examine the rise of tariffs in international trade and explain their effect on typical manufacturing models across four sectors of the economy.

To read more go here Subscription Required

Branch Currency Rules Invalid

Lee A. Sheppard examines regulations on the determination of taxable income or loss and foreign currency gain or loss regarding a qualified business unit.

To read more go here Subscription Required

International Tax Wish List, Part 2: Addressing Subpart F and GILTI

In Part 2 of a series, Mindy Herzfeld suggests substantive changes to international tax rules necessitated by the Tax Cuts and Jobs Act and later global tax developments, including pre-TCJA provisions that need revision and TCJA law changes not functioning as intended.

To read more go here Subscription Required

Post-Loper, IRS Has Its Eye on Transportation Case

The IRS is highlighting a Department of Transportation appellate court decision as an “interesting” development following the elimination of Chevron deference, as debate swirls over reg writing authority based on a general rulemaking statute.

To read more go here Subscription Required

U.N. Convention Could Address Cross-Border Digital Tax Issues

A U.N. framework convention for international tax cooperation could address solutions for the taxation of cross-border digital services, including withholding taxes on technical services.

To read more go here Subscription Required

A Reciprocal VAT?

Reuven S. Avi-Yonah examines President Trump’s “Fair and Reciprocal Plan” to impose reciprocal tariffs.

To read more go here Subscription Required

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.

To read more go here Subscription Required

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.

To read more go here Subscription Required

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.

To read more go here Subscription Required

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.

To read more go here Subscription Required

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.

To read more go here Subscription Required

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.

To read more go here Subscription Required

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.

To read more go here Subscription Required

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.

To read more go here Subscription Required

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.

To read more go here Subscription Required

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.

To read more go here Subscription Required

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.

To read more go here Subscription Required

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.

To read more go here Subscription Required

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.

To read more go here Subscription Required

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.

To read more go here Subscription Required
Back to top