2023

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

In Part 1 of a two-part series, Robert Goulder comments on the ability of U.S. taxpayers to challenge tariffs in federal court.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Jefferson Vanderwolk challenges the OECD’s still positive approach to the two-pillar project despite recent roadblocks.

 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.

Ryan Finley explains why the OECD transfer pricing guidelines corroborate some of the more controversial interpretations of the U.S. regulations.

Robert Goulder comments on replacement of the EB-5 visa program with a residency-for-sale scheme.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Libin Zhang examines section 891 and how it is limited by withholding tax statutes and U.S. income tax treaties.

Nana Ama Sarfo reviews the first year of the Regional Platform for Tax Cooperation in Latin America and the Caribbean.

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.

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.

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.

 Michael DiFronzo, Nick Zemil, and Yulia Markova explore the path to a domestic production benefit and the potential mechanics of a manufacturing incentive.

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.

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.

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.

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.

Libin Zhang considers the tax aspects of a possible annexation of Greenland by the United States.

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.

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.

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.

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.

Tariff uncertainty and business caution are hitting first-quarter growth.

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.

Mindy Herzfeld examines options for amount A going forward.

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.

J. Harold McClure analyzes the customs valuation for three different examples of popular imports under President Trump’s tariff regime.

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.

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.

Robert Goulder connects the dots between President Trump’s affinity for tariffs and the border adjustment available under the destination-based cash flow tax.

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.