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Clearinghouse Systems Not Ready for Dividend Equivalent Rule


Bloomberg

by Allyson Versprille
The effective date for the IRS's dividend equivalent payment rules should be postponed a year to give clearinghouses enough time to bring software systems up-to-date, two groups said.
The Internal Revenue Service issued final and temporary regulations (T.D. 9734) under tax code Section 871(m) in September 2015. The rules governwithholding on certain notional principal contracts, derivatives and other equity-linked instrumentswith payments that reference dividends on U.S. equity securities. The guidancewas aimed at stopping foreign investors from skirting the U.S.withholding tax.
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Ryan: EU's $14.5B tax ruling against Apple 'awful'


House Speaker Paul Ryan (R-Wis.) on Tuesday ripped the European Union's "awful" determination that Apple should pay Ireland $14.5 billion in back taxes.
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Brady Statement on the European Commissions Multibillion-Dollar Tax Bill to Apple


byKevin Brady (Ways and Means)
Today Houseways and Means Chairman Kevin Brady (R-TX) released a statement after the European Commission's decision seeking to impose a multibillion-dollar tax bill on Apple, Inc.
To read more go here

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Apple's in a Cage Fight on Tax


by Leila Abboud (Bloomberg)
The European Commission just turned taxation of multinational companies into a cage fight and put U.S. firms on notice that the oldway of negotiating dealswith individual countries is no longer a sure thing.
Expect some unintended, and unwelcome, consequences.
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Apple Ireland Ruling Could Be the End of Easy European Tax Deals


by Alexwebb and Adam Sarariano (Bloomberg)
The dayswhen big U.S. technology companies could easily slice tax bills in Europe are coming to an end.
On Tuesday, European Competition Commissioner Margrethe Vestager sent the strongest signal yet that shewon't abide these strategieswhen she demanded Apple pay an estimated 13 billion euros ($14.5 billion) in back taxes.
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Could The EU's 'Apple Tax' Reboot Corporate Tax Reform In The U.S.?


by Howard Gleckman (Forbes.com)
For years, corporate tax reform in the U.S. has been dead in thewater, in part because of deep disagreementswithin the American business community overwhat such a restructuring should look like. But the European Union's increasingly aggressive effort to force its members to collect tax on U.S.-based multinationals has the potential to change that dynamic.
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The Growing Uncertainty in the International Tax System


by Scott Greenberg (Tax Foundation)
Earlier today, the European Commission announced that itwould require Ireland to collect roughly $14.5 billion in taxes from Apple, after determining that Ireland had granted Apple "illegal tax benefits" under the rules of the European Union.
Today's decision is one in a string of recent European Commission rulings about the taxation of American businesses that operate in Europe.
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Genevas Corporate-Tax Fight Becomes Mother of All Battles


by Albertina Torsoli and Dylan Griffiths (Bloomberg)
When the European Union pressured Switzerland to scrap tax breaks for foreign companies, Geneva had most to lose. Now, the canton that's home to almost 1,000 multinationals is set to use tax to burnish its appeal.
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European Commission finds that Ireland has granted unlawful State aid to Apple

  • By PwC

PwC

by PWC
In its press release issued on August 30, 2016, the European Commission announced the adoption of its final decision in the formal State aid investigation into the profit attribution arrangements and corporate taxation of Apple in Ireland. The Commission concluded that, in its opinion, Apple benefitted from unlawful State aid granted by Ireland, and it orders full recovery of the aid in an amount of up to ÔøΩ13 billion plus compound interest.
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Apple, Congress and the Missing Taxes

  • By The Editorial Board

by The Editorial Board (New York Times)
Apple and the United States are crying foul over the ruling in Europe that Apple received illegal tax breaks from Ireland and must hand over 13 billion euros ($14.5 billion), a record tax penalty in Europe.
But Apple and the United States have only themselves to blame for the situation.
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Dispute Resolution Landscape Becoming More Difficult, Practitioners Say


by Stephanie Soong Johnson (Tax Notes)
While conventionalwisdom says it's better to resolve tax disputes at an early stage, such as the audit level, it's becoming more difficult to resolve cases and remain confident in advance pricing agreements, especially in light of the controversial European Commission decision that Apple Inc. received illegal state aid, practitioners said.
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Ireland Ordered to Recover $13 Billion in State Aid From Apple

  • By J. P. Finet

by J.P. Finet (Tax Notes)
A 1991 advance pricing agreement issued to Apple affiliates by the Irish government may have artificially lowered the company's tax bill and resulted in as much as ÔøΩ13 billion in illegal state aid.
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Press Release: Has the European Commissions Apple decision signalled the beginning of the end of tax wars?

  • By Tax Justice Network

by Tax Justice Network
The European Commission's assessment of ÔøΩ13 billion in taxes due from Apple Inc. for 2003 through 2014 seems to alignwith German and U.K. calculations of amounts due, the Tax Justice Network said in an August 30 statement following the commission's decision on Irish state aid for Apple.
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Canada in Informal Talks With IRS on Further Joint Audit Work


by Stephanie Soong Johnson (Tax Notes)
After recent successwith a joint audit under their pilot program, the Canada Revenue Agency and the IRS are in preliminary, informal discussions about carrying out furtherwork in the same vein, according to a top Canadian tax official.
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News Release: U.S. Should Take a Page from European Commission's Book and Crack Down on Corporate Tax Avoidance

  • By CTJ Reports

by CTJ Reports (Citizens for Tax Justice)
Instead of questioning the validity of the European Commission's ruling on the state aid provided to Apple Inc., the U.S. should follow the commission's lead andwork to eliminate corporate tax avoidance, Matthew Gardner of the Institute on Taxation and Economic Policy said in an August 30 statement released by Citizens for Tax Justice.
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ATF Applauds European Commission Action Against Apple and Ireland

  • By Americans for Tax Fairness

by Americans for Tax Fairness
The European Commission's decision ordering Ireland to recover ÔøΩ13 billion in illegal state aid from Apple Inc. is a strong stand against secret tax deals, and the Treasury Department should pursue its own legal claims against Apple for tax dodging and profit shifting, Frank Clemente of Americans for Tax Fairness said in an August 30 release.
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On Apple, U.S. Should Follow Europes Lead Level Playing Field for Small Business to Compete


by Clark Gascoigne (Fact Coalition)
Congress and Treasury should follow Europe's example and level the tax playing field for small businesses, the Financial Accountability and Corporate Transparency Coalition said in August 30 comments on the European Commission's decision that Ireland granted Apple illegal state aid through tax rulings.
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APAs More Efficient After New Efforts: Canadian, U.S. Officials


Bloomberg

by Alex M. Parker
Officials from the Canadian and U.S. tax authorities said front-loading the information-gathering process for their advance pricing agreement programs has helped make the process smoother and quicker.
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Appeal of APAs Fades in Light of EU State-Aid Rulings


Bloomberg

Corporations considering advance pricing agreementswith tax authorities in the European Union mightwant to think twice in light of judgments against Apple Inc. and other multinationals, practitioners say.
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Apple's $14.5 Billion EU Bill May Pressure U.S. on Overhaul


Bloomberg

by David Kocieniewski and Lynnley Browning
The European Union's finding that Apple Inc. owes Ireland more than $14 billion in back taxes reveals the high cost the Treasury Department may pay by failing to keep pace in a global effort to stem corporate tax avoidanceÔøΩand Apple might represent only the first major U.S. loss.
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A Battle Against Base Erosion: D.C.'s Chainbridge' Saga


Bloomberg

by Dolores Gregory
In the second article of a two-part series, Bloomberg BNA looks at the obstacles confronting states as they combat abusive transfer pricing. This article focuses on the efforts undertaken by the District of Columbia to combat revenue losses through its contractwith economic consulting firm Chainbridge Software LLC.
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5 takeaways from the EU's blockbuster ruling against Apple


The European Commission has ordered Apple to pay Ireland 13 billion euros ($14.5 billion) for its tax dealings in a case that is being closely followed inwashington and by the business community. @

The European Union's executive arm ordered the payout on the grounds that Apple had received unfair state aid from Ireland in the form of tax rulings that allowed the tech giant to pay very little in taxes on its profits from European sales. According to the Commission, such aid came in violation of European Union regulations that prevents member states from granting special tax provisions to companies.@

Here are five things to know about the ruling. @

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The Apple tax ruling - what this means for Ireland, tax and multinational


by Simon Bowers (The Guardian)
The European commission has ordered Apple to pay back the Irish state up to ÔøΩ13bn in taxes in a landmark ruling. Apple paid a tax rate on European profits of between 0.005% and 1%, according to the EU's executive arm. The US technology group, and Ireland, have said theywill appeal against the decision but itwill have ramifications for countries and companies across Europe.
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Apple holds Europe to ransom: Tech giant threatens to cut jobs in EU after Brussels orders it to pay back £11BILLION in tax over 'illegal' sweetheart deal with Irish government


by Martin Robinson (Daily Mail)

Apple has already threatened to cut jobs in Europe after Brussels ordered it to repay £11billion ($14.5billion) - the biggest tax bill ever imposed outside the US. The European Commission's three-year investigation into Apple's sweetheart dealwith Ireland has found it amounted to illegal state aid. Its damning report published today says the tech giant paid as little as 0.005 per cent tax by funnelling its non-US profits through its Irish headquarterswith no staff or premises then on to its $178billion (£120bn) offshore fund.¬Å@

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Statement by Commissioner Vestager on state aid decision that Ireland's tax benefits for Apple were illegal

  • By Commission Eurpeenne

by Commission Eurpeenne

The European Commission has today adopted a decision that Apple's tax benefits in Ireland are illegal.@

Two tax rulings granted by Ireland have artificially reduced Apple's tax burden for over two decades, in breach of EU state aid rules. Apple now has to repay the benefitsworth up to �13 billion, plus interest.@

To read more go here

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US taxpayers could end up covering Apple's back taxes in Ireland


by Rick Newman, (Finance Yahoo)
European authorities have clamped down on a special deal between Apple and Irish tax authorities, saying the arrangement uniquely favors Apple and is unavailable to other companies. Nixing the dealwill force Apple to pay taxes in Ireland at the higher rate other companies pay. The bill: about $14.5 billion.
But Apple may get reimbursed for all of that by an unlikely benefactor: the US taxpayer.
To read more go here

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Apple Finds Out It Took the Tax Game Too Far


by Justin Fox (Bloomberg)

Youwant your multinational corporation to be seen as a good corporate citizen. But you also feel obliged to your company's shareholders to keep it from paying a cent more in taxes than it is required to.@

Sowhat's the dividing line beyondwhich responsible tax management turns into poor citizenship? @

To read more go here

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Applefs Tax in Ireland

  • By Wall Street Journal

bywall Street Journal

The European Union said Apple Inc. owes billions of dollars in unpaid taxes to Ireland ​after it ruled on Tuesday that a dealwith Dublin allowed the company to avoid almost all tax ​on profits ​across the entire bloc for more than a decade.@

Here'swhat to know about the ruling.@

To read more go here

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EUfs Apple Tax Hit: Ire In Ireland, Confusion Elsewhere


by Stephenwilmont (Wall Street Journal)

The startling thing about the European Commission's ruling against Apple's Irish tax bill is how few people it pleases.@

You might think the Irish governmentwould be grateful for extra fundsworth up to �13 billion ($14.5 billion)�a figure equivalent to about 30% of its total tax receipts last year. This could be seen as a chance to recoup some of the estimated �43 billion controversially spent on bailing out banks in thewake of the 2008 financial crisis.@

But Irish Finance Minister Michael Noonan "disagrees profoundly"with the Commission. He evidentlywants to maintain the jobs and income tax associatedwith his country's reputation as a tax-efficient base for multinationals.@

To read more go here

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Why Ireland Doesnft Want Applefs $14.5 Billion in Back Taxes


by Dara Doyle and Peter Flanagan (Bloomberg)

Apple's billions in back taxes could cover the entire annual Irish health budget, build about 100,000 homes for the poor or pay off a chunk of the nation's debt. Sowhy doesn't the governmentwant the money?@

Irish Finance Minister Michael Noonan on Tuesday vowed to fight a European Commission ruling that could force theworld's richest company to pay it at least 13 billion euros ($14.5 billion), more than twice the country's entire 2015 corporate tax take and equivalent to about $3,000 for every man,woman and child. He drew fire from opposition lawmakerswho say Dublin should take the money. For the government, though, the stakes are higher. @

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Uber tax:US, Australia and Taiwan chase new app taxes


International Tax Review

by Caroline Byrne

Tax authorities from the US to Australia and Taiwan are circling digital service providers Uber, Airbnb and other cash-rich app disrupters in a crusade to impose higher taxes and find cutting-edgeways to subsidise the old economy. @

To read more go here

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Apple Owes $14.5 Billion in Back Taxes to Ireland, E.U. Says (1)

  • By James Kanter and Mark Scott

by James Kanter and Mark Scott (New York Times)

A decision on Tuesday by Margrethe Vestager, the European Union commissioner for competition, is the culmination of a two-year investigation intowhether Ireland gave preferential treatment to Apple. Credit Andrew Testa for The New York Times @

@

Europe's antitrust enforcer ordered Ireland on Tuesday to claw back billions from Apple over illegal tax breaks, a move thatwill ramp up trans-Atlantic tensions over how much global companies should pay to countrieswhere they do business.@

To read more go here

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Apple Ordered by EU to Repay $14.5 Billion in Irish Tax Breaks


by Natalia Drozdiak and Sam Schechner(Wall Street Journal)

The European Union's antitrust regulator demanded that Ireland recoup roughly �13 billion ($14.5 billion) in taxes from Apple Inc. after ruling that a dealwith Dublin allowed the company to avoid almost all corporate tax across the entire bloc for more than a decade�a move that could intensify a feud between the EU and the U.S. over the bloc's tax probes into American companies.@

To read more go here

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Apple Ordered to Pay Up to $14.5 Billion in EU Tax Clampdown


by Dana Doyle (Bloomberg)

Apple Inc.was ordered to repay a record 13 billion euros ($14.5 billion) plus interest after the European Commission said Ireland illegally slashed the iPhone maker's tax bill.@

Apple and the Irish government have both vowed to fight the decision,which also risks stoking a fightwith the U.S. over taxation policies --with the U.S. having already complained that Europe is unfairly targeting American companies and threatening global tax reforms.@

To read more go here

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The European Commission's ruling on Apple and Ireland


by Daniel Shaviro (blogspot.com)
Today the European Commission announced its (internally) final ruling, subject to appeal in the European courts, concerning Apple and Ireland. The verdict holds that Ireland gave Apple illegal tax subsidies, in the form of advance transfer pricing rulings, and that Apple must therefore pay Ireland $14.5 billion relating to a ten-year period.
To read more go here

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EU Orders Apple to Pay Up to $14.5B in Tax to Ireland


byAlastair Macdonald (Fox Business)
The European Union's antitrust regulator is poised to rule as soon as Tuesday that Apple Inc.'s tax arrangementswith Ireland have breached the bloc's state-aid rules, according to people familiarwith the matter.
To read more go here

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Apple Is Said to Owe Back Taxes to Irish Government


by Mark Scott and James Kanter (New York TImes)
The European Union's competition authorities are poised to announce a major tax ruling against Apple's tax dealingswith the Irish government on Tuesday, a decision thatwill likely increase trans-Atlantic tension over how some of theworld's largest companies pay taxes on their global operations.
To read more go here

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Vague Guidance Was Trade-Off for Keeping Arm's-Length System, U.S. Official Says


by Ryan Finley (Tax Note)
Despite its lack of ideal clarity, the guidance on risk and intangibles adopted in the OECD's base erosion and profit-shifting report on transfer pricing is clearly superior to the vague and subjective antiavoidance rules preferred by some countries, a U.S. Treasury official said.
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Multilateral Instrument Could Provide Optionality, Panelists Say


by Stephanie Soong Johnson (Tax Notes)
Although there are few clues aboutwhat the final text of the multilateral instrument (MLI) might look like, it could offer a high degree of optionality for potential signatories to consider, panelists speculated August 29.
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Transfer Pricing Rough Justice for Hemorrhaging States


Bloomberg

by Doloresw. Gregory
Aggressive transfer pricing has long been a fraught battleground for the Internal Revenue Service,which has lost several high profile tax cases involving the transfer of intangibles overseas. The same tax planning strategies that shift income to low-tax and no-tax jurisdictions overseas have implications for state tax revenue aswell. However, states are poorly equipped to challenge companies on their transfer pricing. In a two-part series, Bloomberg BNA looks at the reasonswhy.
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Value Chain Study Under BEPS Puzzles Taxpayers


Bloomberg

by Dolores Gregory
Multinational corporations are taking a fresh look at their operations in light of new transfer pricing guidance from the Organization for Economic Cooperation and Development.
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Treasury to Taxpayers: Want Certainty? Don't Push Envelope


Bloomberg

by Dolores Gregory
Taxpayers concerned that revenue authoritieswill use new international transfer pricing guidelines as a revenue grab can play a critical role in restraining that aggressive impulse, a Treasury Department official said.
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OECD Mulling Public Release of Peer Tax Review Standards


Bloomberg

by Alex M. Parker
An OECD subgroup hasn't yet decidedwhether itwill publish the standards it uses for peer reviews of dispute resolution, according to an officialwith the Canada Revenue Agency.
The peer review, part of the so-called minimum standards approved by the Organization for Economic Cooperation and Development's project to combat tax base erosion and profit shifting, is conducted under the auspices of the OECD's Forum on Tax Administration.
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Canada, Mexico Won't Misuse Global Tax Reports: Officials


Bloomberg

by Alex M. Parker
Officials from the Canadian and Mexican tax authorities reiterated that global tax reports required under international standardswon't be misused to unfairly audit companies.
"We're going to use this information for risk-assessment purposes only," said Alex Ho, manager of the international tax division for the International and Large Business Directorate of the Canada Revenue Agency.
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Apple's Irish Tax Bill Could Jump by Billions on EU Decision


Bloomberg

by Dara Doyle
Apple Inc. is facing a potential tax bill running into billions of euros,with the European Union poised to release a finding into the company's dealings in Ireland as soon as Aug. 30, according to people familiarwith the situation.
Such a ruling might heighten tensions between Europe and the U.S. over taxation policies,with the U.S. having already complained that Europe is unfairly targeting American companies and threatening global tax revisions.
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Canada's Influence Seen in BEPS Guidelines, Official Says


Bloomberg

A new international tax regime aimed at combating base erosion and profit shiftingwon't mean big changes, a Canada Revenue Agency official said.

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Apple's Lack of Pricing Analysis a Linchpin in EU, Ireland Case


Bloomberg

by Kevin A. Bell and Rita McWilliams
When the Irish Office of Revenue Commissioners issued Apple Inc. one of theworld's first advance intercompany pricing agreements, the Soviet Unionwas breaking up, lawyers faxed agreements to one another and the iPhone hadn't yet been invented. Itwas a different time and place in the international taxworld.
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PE risk of cross-border service to China


International Tax Review

by Maggie Zhuang (International Tax Review)

Foreign businesses offering cross-border service provisions to Chinese entities must take caution as the tax authorities are becoming more confident than ever in looking into cross-border transactions involving Chinese companies.@

To read more go here

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Clinton's Talk of Exit Tax for Companies Gathers Steam


Bloomberg

by Alex M. Parker
The notion of charging expatriating companies an exit tax based on their offshore earnings is becoming increasingly central to the presidential campaign of Democratic nominee Hillary Clinton after being batted aroundwashington for a few years.
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News Analysis: Clinton's Exit Tax and a Broader Business Tax Reform Agenda


by Mindy Herzfeld (Tax Notes)
In recent speeches about the economy, Democratic presidential nominee Hillary Clinton has emphasized her intention to impose an exit tax on inverting companies, a key part of her plan to make the tax system fairer. Congressional Democrats in the past have introduced legislation to impose an exit tax. But unlike those proposals, Clintonwould combine a proposed exit taxwith a plan to tighten the threshold for inverting companies under section 7874.
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