2023

Martin A. Sullivan examines available data to provide insight on the economic effects of potential tariffs on U.S. imports, and he categorizes the strategies companies have considered for mitigating the burden of tariffs.

Mindy Herzfeld examines the potential impact of President Trump’s recently announced tariffs and offers alternatives that could be less disruptive to the U.S. economy.

Countries worldwide appear optimistic about participating in negotiations for a U.N. framework convention on international tax cooperation, despite the United States’ swift exit from the talks in early February.

Lucas de Lima Carvalho explains his proposal for a single virtual jurisdiction in the development of the taxation of artificial intelligence.

The European Commission has issued a statement regarding the announced U.S. tariff policy, saying it would have negative economic effects and promising that "the EU will react firmly and immediately against unjustified barriers to free and fair trade."

Business at OECD issued a letter responding to the Platform for Collaboration on Tax's (PCT) public consultation on its guidance for tax incentives principles for international policy purposes and introducing the OECD's global minimum tax standard, urging the PCT to lighten restrictions regarding tax incentive definitions and jurisdictional autonomy as well as provide explicitly clear pillar 2 guidance.

President Trump has ordered advisers to craft new tariffs for countries that have a trade deficit with the United States by calculating all costs related to trade barriers and subsidies provided to domestic corporations.

Reuven S. Avi-Yonah explains why concerns about the risks associated with publicly disclosing country-by-country reports are exaggerated and that the benefits outweigh the costs.

The European Commission has announced the withdrawal of its proposal to revise the interest and royalty directive, which was made partially obsolete by pillar 2, and is now looking at aligning EU antiabuse clauses.

How is it in America’s national interest to let other countries decide what duties we pay?

A state-of-play on the president’s tariffs so far and what might be in store.

 The president said his advisers would devise new tariff levels reflecting countries’ tariffs, taxes, subsidies and other policies affecting trade with the United States.

Ryan Finley explains why the IRS’s recent advice memorandum on periodic adjustments may signal a significant change in transfer pricing enforcement approach.

EU lawmakers have denounced the weaponization of economic policy by the new U.S. administration, and the European Commission has promised a firm response to President Trump’s announced tariffs on EU steel.

Robert Goulder comments on President Trump’s executive order addressing extraterritorial taxation.

Mindy Herzfeld examines existing and recent proposed U.S. legislation that would apply retaliatory measures against other countries’ discriminatory or extraterritorial taxes.

Larissa Neumann, Mike Knobler, and William R. Skinner review the large amount of guidance released at the end of the Biden administration, including guidance on cloud computing transactions, disregarded payment loss regulations, and several chief counsel advice documents.

The EU will not deviate from its course regarding pillar 2 but would enter any possible OECD talks on a permanent safe harbor for U.S. companies with an open mind, Tax Commissioner Wopke Hoekstra said.

After days of deliberation, countries finally agreed to make decisions on a U.N. tax framework convention by simple majority, with a two-thirds majority needed to approve any protocols to the convention.

Implementing a mandatory high-tax exclusion so global intangible low-tax income would apply only to income below the exclusion threshold could reduce tax avoidance, raise revenue, and be relatively simple to implement, according to a February report released by the American Enterprise Institute.

Shuting Pomerleau compares two methods used to border-adjust a carbon price, arguing that border adjustments present unique challenges but, if designed well, would be an important part of a domestic carbon price in the United States.

Nana Ama Sarfo explains the prevalence of QDMTTs versus UTPRs in light of the Trump administration’s executive order and suggests the United States should consider implementing its own QDMTT.

Many countries — across income lines — said they would support dispute resolution and prevention as an early protocol to a U.N. framework convention on international tax cooperation.

China has targeted U.S. agriculture and natural gas with retaliatory tariffs after President Trump moved forward with tariffs on Chinese imports while pausing tariffs on imports from Canada and Mexico.

David J. Sotos and J.P. Gregorcy, in the first in a two-part series, examine the history of noncompulsory payment rules under reg. section 1.901-2(e)(5) and identify areas that need clarification in light of pillar 2.

The United States said it would withdraw from the entire U.N. process to negotiate a framework convention on international tax cooperation and encouraged other countries to join it.

The International Tax and Investment Center explains the concept of significant economic presence and shows the outcome of efforts by the OECD inclusive framework to develop a new net-basis taxation with parallels to the existing physical presence.

Canada's Department of Finance issued a release February 1 announcing that the government will impose 25 percent tariffs on U.S. goods worth C $155 billion in response to the U.S. tariffs imposed on Canadian products, noting that the government will continue to consider additional, non-tariff-related countermeasures.

EU member states have not yet resolved the issue of how to quickly introduce any future changes to the OECD's standard global anti-base-erosion information return, which is implemented through the administrative cooperation directive.

Negotiations for a U.N. framework convention on international tax cooperation are slated to begin in February, and key organizational decisions could further alienate EU member states that do not want to duplicate the OECD’s work.

 Lyla Latif reconceptualizes modern tax administration through the lens of surveillance studies, demonstrating that tax studies must expand beyond efficiency to address fundamental questions about individual autonomy and the boundaries of legitimate oversight in a digital age.

Robert Danon and Adolfo Martín Jiménez examine the new model clause for article 25 of the U.N. model tax convention, arguing against introducing it in double tax treaties because it is inconsistent with modern investment treaty policy and a "whole of government" approach and raises several problems under international law.

EU member states have not yet resolved the issue of how to quickly introduce any future changes to the OECD's standard global anti-base-erosion information return, which is implemented through the administrative cooperation directive.

Negotiations for a U.N. framework convention on international tax cooperation are slated to begin in February, and key organizational decisions could further alienate EU member states that do not want to duplicate the OECD’s work.

Reuven S. Avi-Yonah points out the importance of considering taxes when evaluating corporate environmental, social, and governance goals and suggests efficient solutions for the resulting gaps.

According to a U.S. official, challenges in global anti-base-erosion (GLOBE) rules negotiations under the OECD's pillar 2 taxation framework have made a permanent safe harbor provision seem unlikely.

The taxation aspects of the European Commission’s promise to boost the EU’s competitiveness will be limited, as steps in that direction rely mainly on coordination and member states’ goodwill.

Lucas de Lima Carvalho examines why a developing country might terminate a bilateral tax treaty with a developed country and what happens after it does.

H.R. 591, the Defending American Jobs and Investment Act, introduced by House Ways and Means Committee Chair Jason Smith, R-Mo., would impose reciprocal taxes on the U.S. income of companies and investors in foreign countries that impose extraterritorial or discriminatory taxes on U.S. businesses.

The economy returned to stagnation as 2024 drew to a close, a blow to its hopes for a recovery as it braces for the possibility that Trump will deliver a long-threatened increase in tariffs.

The OECD and its partners in Latin America are working to improve low trust in the tax system through better communication, digitalization, and shifting tax authorities from an enforcement to a service model.

Robert Goulder comments on the new federal agency to administer U.S. tariffs, and the motivations behind it.

P.V.S.S. Prasad explains the difficulties of reaching multilateral agreements among jurisdictions with varying tax and economic policies, and he argues that bilateralism will remain prominent because it avoids those difficulties while still allowing negotiators to address their specific concerns.