2023

Nana Ama Sarfo discusses the historical context for a proposal floated at the U.N. for a public transfer pricing comparables database.

Carrie Brandon Elliot reviews the link between tariffs and transfer prices in section 1059A and accompanying regs.

Reuven S. Avi-Yonah examines the arguments for and against the U.S. government’s revenue collection deal with Nvidia and AMD and its investment in Intel.

Treasury and the IRS have a large assortment of guidance teed up this year to implement the One Big Beautiful Bill Act’s international tax provisions, tax practitioners told Tax Notes.

Tim Messner examines the German royalty barrier rule’s problems and its likelihood of being replaced.

As governments deploy tariffs to advance their positions in ongoing trade disputes, multinational entities are confronting a new layer of tax complexity. The United States’ 2025 reciprocal tariff regime has forced companies to revisit not just supply chains but also how they set transfer prices across borders. This article examines the collision of tariffs and transfer pricing, modeling real-world scenarios and exploring strategies to mitigate risks while staying tax compliant.

The European Commission is seeking authorization from EU member states to negotiate the U.N.'s second protocol on tax dispute resolution on behalf of the bloc, arguing that the talks include matters within the EU’s competence.

Patrick Driessen argues that U.S. tax changes coupled with accommodations by the OECD in pillar 2 will lead to very low global corporate income tax collections and that U.S. and global interests would be better served by a strong pillar 2 that treats the United States like any other nation.

 For the New York University School of Law's 27th annual David R. Tillinghast Lecture on International Taxation, Ruth Mason examines the European Union’s state aid law and enforcement through a review of the Apple and other major state aid cases pursued by the European Commission.

Lee A. Sheppard examines the changes the One Big Beautiful Bill Act made to global intangible low-taxed income and foreign-derived intangible income rules and how those changes interact with the OECD’s BEPS 2.0 project.

Negotiations on finalizing pillar 1 profit allocation reforms that would abolish digital services taxes will continue once pillar 2 global minimum tax issues are settled, but the DST debate isn’t likely to disappear anytime soon.

Doron Narotzki examines the difficulties with applying the EU’s digital services tax to U.S. companies and argues for the adoption of a VAT as a better option for both parties.

An effort by OECD countries to revise the 15% global minimum tax to appease US President Donald Trump is complicating some mergers and acquisitions. Tax professionals caution that the revision, which would exempt US companies from major parts of the tax in an effort to mitigate Trump’s tariff threats, would also give the US a big advantage in M&A deals. In a June arrangement, the US and the other Group of Seven rich nations agreed to work on a “side-by-side” system so that the US’s rules on taxing foreign-earned income wouldn’t conflict with the global minimum tax rules. Nearly 30 nations raised concerns about the prospective deal.

International negotiations on the allocation of taxing rights will resume after outstanding issues regarding the global minimum tax are resolved, an OECD official said Friday.

Government decisions to impose digital services taxes on tech companies have been prompted in part by a lack of progress in global negotiations at the OECD, practitioners, academics and tax authority officials said.

US multinational companies are telling Congress members and the Trump administration that negotiations at the OECD to rewrite major parts of the global minimum tax framework are going too slow.

The so-called side-by-side system for exempting U.S.-parented multinational enterprise groups from some global minimum tax rules will require clear safeguards, a top European Commission official said.

Mindy Herzfeld examines the connections between the OECD’s pillar 2 framework and the European Commission’s application of the state aid doctrine to tax.

The OECD is working to resolve issues surrounding the global minimum tax by the end of the year.

The EU has no plans to introduce a bloc-wide digital services tax, the European Justice commissioner said.

The European Commission will include provisions meant to curb tax avoidance into an upcoming bill meant to simplify tax data-sharing between EU countries.

More than 20 House Republicans signed a letter urging President Donald Trump to secure a commitment from the UK to drop its digital services tax on tech companies during his trip to the country.

President Donald Trump’s tariff policies are prompting large pharmaceutical companies to promise investments in US manufacturing, but it might let them keep the crown jewels—their intellectual property—overseas.

Robert Goulder comments on the Federal Circuit’s decision in V.O.S. Selections, which invalidates many of President Trump’s recent tariffs.

The UK government shouldn’t drop its digital services tax on tech companies as it would generate up to £5.2 billion ($7 billion) by the end of the current Parliament, according to a tax policy think tank.

The global anti-base erosion, or GloBE, framework is the latest challenge for private equity sponsors acquiring multinational enterprises, as the Organization for Economic Cooperation and Development and the G7 continue to scrutinize international tax arbitrage.

The European Commission expects discussions on pillar 1 of the OECD's two-pillar tax reform plan to resume later this year but doesn’t anticipate proposing a new EU digital tax, according to a top EU official.

Sweden’s government plans to cut payroll taxes for young employees, reduce taxes on small businesses, and slash red tape as encouragement for companies to innovate and create jobs.

The Czech Parliament has voted to increase the country’s special tax allowance for research and development expenses from 100 percent to 150 percent.

Ahmed A. Altawyan explores a proposal to unify the approach to zakat and corporate income taxation.

Discussions on finalizing a multilateral solution on how to tax digital companies could resume later this year, a European Union commissioner said Wednesday.

Amid President Trump’s tariff threats over EU digital regulation, the European Commission’s strategic foresight report targets U.S. tech giants’ dominance, urging the bloc to reduce dependencies and “be clearer about what it stands for.”

The Trump administration would back efforts by congressional Republicans to institute a “revenge tax” should the OECD fail to follow through on a pledge to exempt American companies from the global minimum tax, a Treasury official told lawmakers.

The Bermudian government is asking for stakeholder input on draft legislation providing for three proposed refundable tax credits designed to be in line with OECD pillar 2 global minimum tax rules.

The OECD inclusive framework on base erosion and profit shifting on September 8 published a set of revisions to the action 5 minimum standard on the exchange of information on tax rulings, including an updated template for exchanges; recommendations for efficiently completing the template; amended terms of references applicable for the 2025-2026 fiscal year and onward; an improved peer review assessment methodology beginning in 2026; and clarifications for identifying tax practice risks and information exchange expectations.

The OECD’s proposed side-by-side alternative to the 15% global minimum tax would be a win not just for the US, but also for global tax sovereignty and certainty.

Daniel Maggacis examines the adoption of pillar 2 and contemplates whether advocating for a minimum tax rate for multinationals may unintentionally normalize 15 percent as a benchmark for an internationally acceptable company tax rate.

Kimberly S. Blanchard explores the side-by-side approach of the OECD/G20 inclusive framework and the U.S. worldwide taxation system.

Negotiators at the OECD are racing to rewrite large parts of the global minimum tax framework by year-end to placate the US, a goal that appears elusive as dozens of countries raise concerns about being put at a competitive disadvantage.

Although some uncertainty remains, tariffs appear here to stay. Multinationals therefore must plan for long-term tariffs, including by adjusting their transfer pricing policies.

Prime Minister Mark Carney rolled out billions of dollars in relief for Canadian businesses and workers battered by tariff wars with the country’s two largest trading partners.

The Thai government has approved proposals for providing for tax incentives to alleviate the top-up tax burdens of large multinational enterprise groups in scope of the country’s global minimum tax regime.

The June G7 side-by-side agreement on the global minimum tax proposal has come under fire for not being effective enough, but there is little to worry about. If anything, it may improve Pillar Two.

The Brazilian tax authority is consulting on draft amendments to its qualified domestic minimum top-up tax, including changes related to the allocation of current covered taxes and deferred taxes and the treatment of securitization vehicles.

The US is considering imposing tariffs in response to an international proposal to charge ships for their carbon dioxide emissions to help fight climate change.

Leaked OECD documents detailing possible pillar 2 amendments, intended to allay the Trump administration's global minimum tax concerns, show that the outcome of these international discussions will present its own challenges in the EU.

Eric M. Lopata examines a common fact pattern that can cause taxpayers to pay global intangible low-taxed income tax on their foreign earnings, even though this residual GILTI tax is not reflective of the local operations or in-country tax paid by a controlled foreign corporation.

The vast majority of President Donald Trump’s tariffs remain in limbo after a federal appeals court ruled that they were issued illegally under an emergency law while agreeing to keep them in place while the case proceeds. The US Court of Appeals for the Federal Circuit on Aug. 29 upheld an earlier decision by the US Court of International Trade. Both courts concluded that Trump wrongfully invoked an emergency law, the International Emergency Economic Powers Act (IEEPA), to justify the duties — a rare rebuke as the courts tend to defer to the president on trade matters.

EU negotiations this fall on a range of corporate tax issues, including the global minimum tax, will be driven largely by President Donald Trump’s demands on the bloc.

Lee A. Sheppard examines the Australian tax reform debate and makes recommendations concerning the country’s taxes on goods and services, individual income, and corporate income, as well as the proposed cash flow tax.