KPMG Tax Publishes

California Court Ruling on Interstate Tax Law Will Make Waves

February 12, 2024 | Shirley Sicilian explains why a California court hearing could determine the role of a federal law involving state taxation of interstate businesses in the era of online commerce. | Bloomberg Tax Insights

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Mexican Rulings: Exportation of Services Eligible for 0% VAT

February 2, 2024 | In this article, the authors discuss how MNEs who are deciding whether to migrate certain service-intensive functions to Mexico to qualify for the 0% VAT rate should perform a case-by-case analysis to determine where the place of “enjoyment” of the particular transaction occurs. | Bloomberg Tax, Tax Management International Journal

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Proposals to De Minimis Customs Rules Spike US Importer Interest

While Congress is reexamining the de minimis customs rules, US importers should prepare for potential changes and optimize their operations and compliance programs in conformity with the evolving landscape, say KPMG practitioners.

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Avoiding Common Pitfalls in Oil and Gas Reserve Valuations

January 29, 2024 | In this article, the authors discuss how the key to an oil and gas company’s compliance with U.S. tax reporting requirements is performing impartial valuations of the fair market value of its assets. | Bloomberg’s Tax Management Memorandum

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Navigating the Shifting Landscape of Research Credit Audits

January 22, 2024 | In this article, the authors examine the IRS’s audit efforts related to the research credit under section 41, what can be expected in that type of audit, and options for resolving a research credit audit. | Tax Notes Federal

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Advice memorandum shows IRS approach to intercompany debt pricing

January 15, 2024 | In this article, the authors discuss the issue of implicit support and a recent IRS advice memorandum addressing transfer pricing for intercompany debt. | International Tax Review

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The Practical Tax Mechanics of Implementing SEC Clawbacks

January 15, 2024 | In this article, the authors examine the SEC’s new clawback rules that went into effect on December 1, 2023, and the mechanics of repaying previously paid compensation to employers. | Tax Notes Federal

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Treaty notifications and MAP access: a small filing with a big impact

In this article, the authors discuss how multinationals companies face numerous year end tasks but should not forget to file the treaty notifications that are required in certain US tax treaties. | International Tax Review

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Foreign Tax Credits for Multinationals Involve a Winding Path

In this article, the authors analyze businesses’ ability to credit qualified domestic minimum top-up taxes, based on new IRS and US Treasury guidance | Bloomberg Tax Insights

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The Death of the Indirect Tax Return

In this article, the authors explore the future of indirect taxation and the indirect tax return, explaining how technology will play a major role in the development of future tax reporting regimes. | Tax Notes International

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Pillar 2 Watch Out: Is there a US Sandwich in Your Structure?

November 21, 2023 | In this article, the authors discuss that US MNEs should review their org chart to identify US sandwich entities held through foreign entities located in jurisdictions that will have an income inclusion rule in effect in 2024. | Tax Management International Journal

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Transfer Pricing Implications of the Pillar Two Minimum Tax Rules

December 14, 2023 | KPMG professionals discuss four reasons why businesses would benefit from involving their transfer pricing teams more closely as they prepare for Pillar Two. | Tax Management International Journal

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IRS Refocuses on Enforcement of High-Income and High-Wealth Individuals

December 4, 2023 | In this article, the authors examine the evolution of the IRS Global High Wealth Industry Group, the renewed focus on audits of high-income and high-wealth individuals, and what can be expected in that type of audit. | Tax Notes Federal

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Tax-Free Fixed Indemnity Healthcare for Employees: End of a Dream

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Transfer Pricing Takeaways from 2022's MAP Statistics

November 22, 2023 | KPMG Tax professionals discuss the OECD’s 2022 MAP statistics which provide taxpayers insight into the effectiveness of the MAPs around the world, allowing taxpayers to gauge whether a particular case will be resolved in an efficient and timely manner. | Tax Management International Journal

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Adjusting Closed-Year Partnership-Related Items

October 30, 2023 | In this article, the authors examine important statute of limitations issues raised by the partnership rules in the Bipartisan Budget Act of 2015, including dealing with errors or omissions discovered by the IRS or taxpayers more than three years after a partnership return has been filed, and how those items may affect future, open tax years. | Tax Notes Federal

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Mexico’s Reference Effective Tax Rates Aid Voluntary Compliance

October 17, 2023 | The Mexican Tax Authority has published reference effective tax rates for large taxpayers as a tool to support tax collection, reach administrative efficiency, and improve transfer pricing compliance. This article discusses why large taxpayers should use the reference effective tax rates. | Bloomberg Tax Insight

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New IRS Large Partnership Audits Coming, This Time With AI Help

October 16, 2023 | This article highlights the continued compliance issues involving large partnerships and that the IRS has announced an audit initiative, this time assisted with artificial intelligence. | Tax Management Memo

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Code Sec. 367(d) and “Commensurate with Income”: Old Rules in a New Era

October 12, 2023 | In this article, the authors consider the scope and continued viability of commensurate with income (CWI) in the context of a transfer of intangible property subject to Code Sec. 367(d). | International Tax Journal

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Implications of New Mexican-Sourced Technical Assistance Ruling

October 5, 2023 | The authors of this article analyze the Mexican Federal Tax Court’s ruling that technical assistance payments do not qualify as business profits under the Convention for the Avoidance of Double Taxation between Mexico and the Netherlands | Tax Management International Journal

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Reflections on the 10th Anniversary of Rev. Proc. 2013-30

October 2, 2023 | In this article, the authors explain the evolution and relief provisions of Rev. Proc. 2013-30, the uniform late S corporation election relief revenue procedure, and they examine situations in which it could and could not be used over the past decade, highlighting some unintended consequences. | Tax Notes Federal

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To Disclose or Not to Disclose (and How and When)

October 2, 2023 | In this article, the authors explain how recently updated rules and forms affect various mandatory and voluntary disclosures on tax returns. | Tax Notes Federal

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Resolving disputes in IRS Appeals

October 1, 2023 | In this article, the authors discuss the IRS Appeals process, including recent developments that affect how Appeals functions. | International Tax Review

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Recent Issues and Practical Solutions for Estimating an Arm’s-Length Range for North American Retailers

In this article, the authors explain the challenges transfer pricing practitioners are currently facing with developing an arm’s length transfer pricing range for North American retail distribution companies and offer some practical solutions.

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Legislative Update: Select Financial Product Provisions in the Biden Administration’s 2024 Revenue Proposals

The authors of this article provide an overview of select proposals included in Treasury’s General Explanations of the Administration’s Fiscal Year 2024 Revenue Proposals (the "Green Book”) that would affect the taxation of financial products.

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Amount B and the Quest for Tax Certainty

In this article, the authors discuss the latest consultation document on Amount B, which aims to simplify transfer pricing for baseline distribution activities and reduce disputes.

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The Accelerated Competent Authority Procedure: Rolling Forward MAP Resolutions

In this initial installment of Practically Speaking: Tax Controversy, the authors explain how the accelerated competent authority procedure and its analogues allow for case resolutions to be rolled forward to subsequent years.

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CAMTyland Adventures, Part II: ‘Right-Sizing’ in the Licorice Lagoon

This article is the second of two parts that uses the classic game Candy Land to assist taxpayers in understanding the corporate alternative minimum tax. This installment is focused on right-sizing for differences between a taxpayer’s book consolidated group, tax consolidated group, and single-employer group.

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Life Insurance Industry Needs CPA-Quality Advice More Than Ever

The authors of this article addresses how certain best practices and ethical standards from the certified public accountant profession could greatly benefit life insurance policy issuers and policy holders alike.

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OECD’s Effort to Simplify Transfer Pricing Is an Important Step

July 25, 2023 | In this article, the authors discuss whether the latest OECD guidance on Amount B, which covers baseline marketing and distribution activities, is successful in its intention of making transfer pricing rules simpler. | Bloomberg Tax

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CAMTyland Adventures, Part I: How to Play the Game – Corporate Alternative Minimum Tax Basics

In first part of a series of articles using the Candy Land game as a guide to help taxpayers navigate the corporate alternative minimum tax system, this article focuses on the basics and initial steps.

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Despite Relief, Pillar Two Problem Remains for US Multinationals

July 19, 2023 | The authors of this article explain that the temporary relief offered by the latest OECD guidance delays—not resolves—the concerns of many U.S. businesses. | Bloomberg Tax

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Increasing IRS enforcement of TP penalties

July 1, 2023 | In this article, the authors discuss the TP penalty regime and a recent shift towards more aggressive penalty enforcement by the IRS. | International Tax Review

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Underutilisation of ADR Programmes Harms Tax Administration in the U.S.

July 2023 | In this article, the authors discuss IRS alternative dispute resolution (ADR) and prevention programmes and how their underutilisation impedes effective tax administration. | International Tax Review

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Why REITs Should Be Paying Attention to the Corporate AMT

June 26, 2023 | This article examines real estate investment trusts (REITs) and the Inflation Reduction Act’s corporate alternative minimum tax, pointing out that while the tax does not apply directly to REITs, their subsidiaries may be within its scope. | Tax Notes Federal

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Transfer Pricing of Asset Management Sub-Advisers

June 12, 2023 | In this article, the authors explain asset management companies’ options for remunerating sub-advisers and the preferred structure’s effect on transfer pricing method selection. | Tax Notes International

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Transfer Pricing Considerations for ESG-Related Intangible Assets

June 5, 2023 | In this article, the authors examine the transfer pricing issues that companies should take into account in their environmental, social, and governance-related tax planning. | Tax Notes International

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A Global Survey on the Application of the Control of Risk and DEMPE Frameworks: France, Italy, and Spain

June 5, 2023 | In this article, the second in a series, the authors focus on how tax authorities in France, Italy, and Spain are applying the OECD control of risk framework and the transfer pricing guidelines on development, enhancement, maintenance, protection, and exploitation of intangibles. | Tax Notes International

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IRS Introduces New Review Procedures for APAs

June 2023 | In this article, the authors discuss the recently announced IRS procedures for reviewing advance pricing agreement (APA) requests and what these procedures mean for taxpayers. | International Tax Review

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Brazil’s Proposed Transfer Pricing Rules: A New Era for Financial Transactions

May 29, 2023 | In this article, the authors explain how Brazil’s proposed changes to its transfer pricing regime will affect intercompany financial transactions. | Tax Notes International

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The Future of Automotive Innovation: A Transfer Pricing Perspective

May 22, 2023 | In this article, the authors examine how transfer pricing considerations may be triggered by the increased focus on the development of electric vehicles, which has led to collaboration between traditional automotive manufacturers and the technology industry. | Tax Notes International

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Practical Transfer Pricing Compliance in a Complex World

May 15, 2023 | In this article, the authors explore the complexity of today’s transfer pricing environment andprovide suggestions for multinational corporations to take a practical, commonsense approach inanalyzing, benchmarking, and defending their related-party transactions. | Tax Notes International

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2022 Colombian Tax Reform – Some Preliminary Remarks on U.S. FTC Issues Arising from the SEP Rule and the Corporate Residency Test

July 2, 2023 | The authors of this article outline two new tax reforms in Colombia that may challenge inbound investors: (i) the Significant Economic Presence (SEP) rule and (ii) a modified corporate tax residency test. | Tax Management International Journal

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A Global Survey on the Application of the Control of Risk and DEMPE Frameworks: The U.S. and U.K.

May 8, 2023 | In this article, the authors summarize their findings from a KPMG member firm survey of how tax authorities around the world are applying the OECD control of risk framework and the transfer pricing guidelines on DEMPE. This installment is focused on the United States and the United Kingdom. | Tax Notes International

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Could the OECD’s Amount B Approach Be Useful for SALT?

May 8, 2023 | In this article, the authors explore how U.S. states might benefit from the work the OECD has done regarding base erosion and profit shifting and uniformity. | Tax Notes State

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The Stock Buyback Excise Tax: Practical Considerations for Retirement Plans and Equity-Based Compensation Arrangements

May 5, 2023 │In this article, the authors address planning considerations for employers and issues raised by the new stock buyback excise tax. │Bloomberg Tax Management Compensation Planning Journal

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Where, Oh Where, Did My Tax Home Go?

May 1, 2023 | In this edition of Tax Notes Federal, the authors examine the definition of tax home for federal income tax purposes and explores the tax consequences that may arise from employees being “away from home” for business travel. | Tax Notes Federal

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Defining Insurance for Federal Income Tax Purposes: Facts and Circumstances Are the Key

May 2023 | For the past several years, the IRS has focused its challenges captive insurance arrangements on so-called “micro captives” that have elected special tax treatment under Code Sec. 831(b). This article discusses the importance of considering all facts and circumstances for each individual captive arrangement to determine if that captive should be taxed as an insurance company. | Journal of Taxation of Financial Institutions and Products

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2022 U.S. APA Statistics Show After-Effects of the COVID Pandemic

May 2023 | The authors of this article discuss the IRS's APA statistics for 2022, and the state of the IRA APA program. | International Tax Review

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U.S. Treasury’s 2024 Proposals Reveal IRS Enforcement Focus

April 2023 | In this article, the authors discuss enforcement-related proposals in U.S. Treasury’s latest Green Book, and how they would change the tax compliance and enforcement landscape for large businesses. | International Tax Review

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Mutual Agreement Procedure: Progress Without Perfection

April 24, 2023 | In this article, the authors review the OECD’s efforts to improve tax certainty, with a particular focus on the role of mutual agreement procedures. | Tax Notes International

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Transfer Pricing and ESG, Part 1: Public Tax Strategies and Tax Transparency

April 10, 2023 | In this article, the first installment in a three-part series on tax and environmental, social, and corporate governance, the authors focus on the role of transfer pricing in responsible tax practices and suggest what multinational corporations should be doing to improve transparency in transfer pricing. | Tax Notes International

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Evaluating the Equivalence of Cost-Sharing Arrangements and Cost Contribution Arrangements

March 13, 2023 | In this article, the authors compare the U.S. cost-sharing arrangement rules and OECD cost contribution arrangement guidance, and they discuss the circumstances under which those can be considered equivalent. | Tax Notes International

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The Impact of the New Foreign Tax Credit Regs on Individual Taxpayers

March 6, 2023 | The authors of this article examine the creditability criteria of the new U.S. foreign tax credit final regulations and the impact on tax return filings by individual taxpayers. |Tax Notes Federal

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The Evolving Semiconductor Industry: Transfer Pricing Implications

March 6, 2023 | In this article, the authors consider the transfer pricing implications of increased but changing demand and government assistance in the semiconductor industry. | Tax Notes International

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Current Events Roundup: Stock Buyback Excise Tax, Corporate AMT, and Digital Asset Guidance

March 2023 | This article provides a brief overview of recent events pertinent to the taxation of financial products. It covers recent guidance on the stock buyback excise tax and corporate alternative minimum tax, Chief Counsel Advice memos 202302011 and 202302012 on digital asset issues, the status of digital asset broker reporting regulations, and the recently released changes to the digital asset question on Form 1040. | Journal of Taxation of Financial Products

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What the EU’s ‘Unshell’ Directive Means for Private Equity Firms

March 9, 2023 | The authors of this article suggest that with the latest installment of the EU’s anti-tax avoidance directive likely to become its next tax focus area, private equity firms should prepare for more questions about whether their structures are genuine and whether decisions on where to locate holding companies reflect reality. | Bloomberg Tax

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Code Sec. 367(b): Where Do We Go from Here?

March 2023 | The article focuses on the core provisions in the section 367(b) regulations relating to inbound and foreign-to-foreign nonrecognition transactions. | Taxes - The Tax Magazine

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Intercompany Fees for Internal Carbon Pricing: The Next Frontier?

February 13, 2023 | In this article, the authors explain how companies are measuring internal carbon pricing (ICP) and suggest how transfer pricing practitioners can support ICP and the associated allocations of intercompany carbon fees. | Tax Notes International

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Concepts and Context in Partnership Capital Shifts

March 2023 | This article looks at complicated framework for analyzing value shifts among partners in different contexts. | Taxes - The Tax Magazine

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Effects of the Inflation Reduction Act on the Pharmaceutical Industry

February 20, 2023 | This article reviews the Inflation Reduction Act provisions that have significant accounting and tax implications for the pharmaceutical industry. | Tax Notes Federal

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TCJA Changes to R&E Related Costs: Section 174 Update

February 27, 2023 | Absent legislative relief from mandatory capitalization and amortization of research and experimentation expenditures, taxpayers must now consider the §174-related issues highlighted in this article for their tax return, financial statement provision, and quarterly estimated tax payments for tax years beginning after December 31, 2021. | Tax Management Memorandum

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Brazilian Transfer Pricing: Timing Is Everything

February 3, 2023 | In this article, the authors discuss the impact of the Brazilian tax authority's issuance of Provisional Measure 1152, bringing Brazil’s historical, formula-based transfer pricing rules ever closer to an arm’s length standard consistent with the OECD Guidelines. | Bloomberg Tax

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Top Three State Tax Questions About Crypto and NFTs for Business

February 3, 2023 | This article discusses the most common client questions from those who are struggling to understand the state tax implications of digital currency. | Bloomberg Tax

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Tax Notes State - Not Shocking: The Business of EV Charging Raises State Tax Issues

January 30, 2023 | In this article, the authors discuss the potential sales and excise tax implications of electric vehicle charging stations, including the two areas in which tax issues are likely to arise: the build-out or installation of those stations and electricity sales through them. | Tax Notes State

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Where is the TRA? Extracting Value in an UP-C Without a TRA

January 23, 2023 | This article provides a general overview of the UP-C structure as well as mechanics of a TRA and presents reasons why energy companies valued on yield using the UP-C structure in a public offering may be discouraged from entering into a TRA. | Tax Notes Federal

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Gold and Coal Found in Corporate Alternative Minimum Tax Guidance

January 23, 2023 | The authors of this article discuss new guidance addressing the corporate alternative minimum tax (CAMT) that suggests Treasury will build out an extensive and complicated CAMT regime. | Bloomberg Tax

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Carbon Trading and Transfer Pricing: The Next Frontier?

January 16, 2023 | In this article, the authors explain what carbon trading is, why it exists, why it is important, why some companies are doing it, and ways in which multinational corporations can think about the transfer pricing aspects of a carbon trading function. | Tax Notes State

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Four Takeaways from Treasury's Corporate Stock Buyback Guidance

January 10, 2023 | This article breaks down the highlights of the U.S. Treasury guidance in Notice 2023-2 on excise tax on buybacks of corporate tax and discusses next steps affected taxpayers should consider. | Bloomberg Tax

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The Reinstated Superfund Excise Taxes

December 22, 2022 | This article provides an illustration of the challenges faced by the oil and gas industry in applying one of these special rules related to two products derived from natural gas: methane and butane. | ABA Tax Times

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Adventures in CAMTyland: The Partnership 'Distributive Share Only' Rule in the Corporate Alternative Minimum Tax

December 19, 2022 | This article addresses some of the issues raised by the new corporate alternative minimum tax in determining whether certain entities are subject to the CAMT regime, which requires partnerships to calculate extensive information for corporate partners. | Tax Management Memorandum

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Navigating the Turbulent Waters of Section 704(c): The Ceiling Rule

December 5, 2022 | This article examines the core principles of section 704(c) and how the ceiling rule may result in unanticipated consequences for taxpayers. It also provides a numerical illustration of the application of the traditional method and the effect of the ceiling rule. | Tax Notes Federal

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MAP and the Exhaustion of Remedies for FTC Purposes

December 2, 2022 | The authors of this article revisit the role of mutual agreement procedure (MAP) requests in compulsory payment determinations under the foreign tax credit rules. | Tax Management International Journal

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Year-End Tax Considerations for Cryptocurrency Investors

December 2022 | This article discusses IRS guidance on classifying cryptocurrencies for U.S. federal income tax purposes; describes lot relief methodologies available to cryptocurrency investors and best practices for tracking and documenting tax basis; provides an overview of the tax considerations related to cryptocurrency losses; considers the tax consequences of updates to the Ethereum blockchain; and provides an update on the information reporting provisions in the Infrastructure Act. | Journal of Taxation of Financial Products

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Current Events Roundup: The New Stock Buyback Excise Tax, ILM 202224010, and Deitch v. Commissioner

December 2022 | This article highlights recent events, including the new stock buyback transactions excise tax, an IRS memo on merger termination fees, and a Tax Court case considering the tax characterization of a loan with certain equity-like features, pertinent to the taxation of financial products. | Journal of Taxation of Financial Products

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Administrative Law Basics for Transfer Pricing Practitioners

November 28, 2022 | In this article, the author explores the aspects of administrative law that may be most useful to transfer pricing practitioners by examining the leading cases, relevant Treasury regulations, and avenues for regulatory challenges. | Tax Notes Federal

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Transfer Pricing in the Soccer Field Is Bigger Than You Think

November 23, 2022 | In this article, the author explains how soccer's global importance, plus recent moves by multinational enterprises into the industry, may bring closer attention from tax authorities. | Bloomberg Tax

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Expanding Access to Retroactive QEFs: A Biden Proposal That Deserves Swift Enactment

November 14, 2022 | This article examines the Biden administration’s proposal to expand access to retroactive qualified electing fund elections and explaining why that reform is needed. | Tax Notes Federal

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The Ceiling Rule and Sales of Oil or Gas Partnership Property

October 31, 2022 | This article addresses the partnership rules applicable to oil and gas property sales, and how the choice of section 704(c) method affects partnership sharing from sales of oil or gas property—particularly situations in which the partnership uses the traditional method for section 704(c). | State Tax Notes

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Expedition Section 965(k): A Journey Through the Extended Statute of Limitations

October 19, 2022 | The authors of this article takes practitioners through the background on the section 965 transition tax, which allows for an extended six-year statute of limitations on assessment under section 965(k), and delves into a recently issued interim guidance memo issued by the IRS Large Business & International division. The article addresses applying the section 965 extended assessment period to Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and Bipartisan Budget Act of 2015 (BBA) partnership examinations. | Tax Management Real Estate Journal

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Transfer Pricing Considerations in the Age of Precision Medicine

October 7, 2022 | In this article, the authors discuss the disruption caused by chimeric antigen receptor T-cell (CAR T) therapy, a type of cell and gene therapy, to standard business models in the life sciences industry and its implications for transfer pricing. | Tax Management International Journal

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Current State and Trends in Intercompany Financial Transactions

October 7, 2022 | In this article the authors review a recent KPMG survey that highlights commonalities in how 16 major jurisdictions address some common issues pertaining to transfer pricing analyses of intercompany loans and guarantees. | Tax Management International Journal

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Chile's 2022 Tax Reform Proposals: A New Normal for Investos?

October 7, 2022 | The authors of this article discuss the most significant pieces of Chile’s tax reform bill that affect U.S. cross-border investors. | Tax Management International Journal

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The Arm's-Length Standard After the Pillars

The authors of this article explores the potential impact of the OECD’s current work program on how to approach transfer pricing. First, they focus on the impact of BEPS 2.0, and then, they consider the threats and opportunities created by the OECD’s ongoing work on article 9 of the model tax convention and potential improvements to dispute resolution mechanisms.

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A Primer on Wash Sale Reporting in a Volatile Market

September 26, 2022 | Market volatility can create opportunities for traders but it can also be a source of angst. As the year winds toward its final quarter, investors that may be thinking about taking losses for tax purposes (or reading advice on ‘‘loss harvesting’’) should also consider some of the tax imponderables that come with loss sales — most particularly the possibility of triggering tax wash sale rules. What are the rules, and how can investors avoid inadvertently subjecting themselves to their impact? | Tax Management Memorandum

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In Defense of the Arm’s-Length Principle

September 22, 2022 | In a follow-up to their August 22 “Why It’s Still Not Time for Global Formulary Apportionment” article, the authors argue in this article that all the proposed alternatives to the arm’s-length principle lack its two key benefits of neutrality and flexibility and looks ahead to what the future may bring. | Tax Notes International

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The Inconsistent Tax Treatment of Cryptocurrency and the Challenges of Cross-Border Reporting

September 19, 2022 | In this article, the author examines how the OECD and tax authorities worldwide have addressed the taxation of cryptocurrency in unique and often conflicting ways and considers the challenges of establishing and coordinating an effective exchange of information and enforcement of international cryptocurrency taxation stemming from the technologies’ sui generis nature and its potential to disrupt international monetary and financial systems. | Tax Notes International

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Renewed IRS Focus on Foreign Corporations' U.S. Tax Return Obligations

September 2022 | The authors of this article review IRS enforcement efforts regarding foreign corporations’ U.S. income tax returns and discuss the process by which taxpayers with untimely returns can request waivers allowing them to claim the benefit of credits and deductions. I International Tax Review

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Why It's Still Not Time for Global Formulary Apportionment

August 22, 2022 | The international tax system is in a state of flux, with potentially significant changes being driven by the OECD’s BEPS 2.0 project. Academics and the European Commission are (again) asking whether it is time for global formulary apportionment. The authors of this article explain why this time hasn’t arrived and explore the problems countries that chose to adopt formulary apportionment would face. | Tax Notes International

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Related-Party Wash Sale Transactions: An Evaluation of the Current State of the Law and Recent Legislative Proposals

August 2022 | The authors of this article analyze the state of the law on related-party wash sale transactions and the Build Back Better Act wash sale proposals. They provides a brief background on the current wash sale rules; a discussion of the prior application (or non-application) of the wash sale rules to related-party transactions by the courts; an overview and analysis of IRS guidance on related-party wash sale transactions; and a review of the Build Back Better Act’s proposed amendments to the wash sale rules. | Journal of Taxation of Financial Products

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The Application of Payments on Distressed Debt, Considering Howland v. Commissioner

August 2022 | The U.S. Tax Court released on June 13, a memorandum opinion, Howland v. Commissioner, which considered whether a couple was entitled to a home mortgage interest deduction after the foreclosure of their home. In this article, the author explores discussion in the opinion that may indicate the Tax Court’s position on applying payments on distressed debt instruments to principal and interest. How the Tax Court decision raises the question of how a taxpayer can demonstrate how the lender applied payments between principal and interest in cases where the lender does not issue a Form 1098, Mortgage Interest Statement, is also discussed. | Journal of Taxation of Financial Products

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U.S. Foreign Tax Credit Regulations: The Last Straw for Brazil's Transfer Pricing Regime?

August 15, 2022| In this article, the authors examine potential double taxation of U.S. multinationals operating in Brazil resulting from the U.S. final foreign tax credit regulations and Brazil’s transfer pricing regime, which is not aligned with the arm’s-length standard. The article considers whether this outcome might accelerate Brazil’s accession to the OECD and adoption of the arm’s-length standard. | Tax Notes International

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FTC Regs: Constructing A Path Forward

August 8, 2022 | The authors of this article explore how the recent changes in the foreign tax credit regulations have introduced several possibly unintended consequences to the engineering and construction industry. | Tax Notes International

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What Changes Are On the Horizon for US MAP and APA Procedures?

August 2, 2022 | In this article, the authors discuss possible updates to the IRS’s mutual agreement procedure (MAP) and advance pricing agreement (APA) revenue procedures, and considers how successor guidance could further improve the MAP and APA programs. | International Tax Review

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Answers to Your Burning R&E Expenditure and R&D Tax Credit Questions

August 1, 2022 | Tax professionals from four firms provide answers to frequently asked questions on trending topics in the research and experimental (R&E) and research and development (R&D) tax credits space. The issues addressed include the effect of mandatory capitalization of R&E expenditures, potential for guidance and legislation, practice pointers for taxpayers implementing the changes, state-by-state conformity, the additional information requirement, refund claims filed before the effective date, potential procedural challenges for disallowed refund claims, and whether the change under section 174 makes it more advantageous to claim the R&D credit under section 41. | Tax Management Memorandum

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Amount B: The Forgotten Piece of the Pillar 1 Jigsaw

July 11, 2022 | This article examines a significant but frequently overlooked piece of the OECD’s Pillar 1 proposal, Amount B. The authors explain how Amount B could work, discuss implementation challenges, and consider how businesses can prepare. | Tax Notes International

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The Diverging Paths of Pillars 1 and 2

July 4, 2022 | In this article, the authors examine the status of the OECD’s two-pillar approach to modernizing the international tax system and consider the international implications of the different paths countries are taking to implement Pillars 1 and 2. | Tax Notes International

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Open Items in the OECD Tax Certainty Consultations

July 11, 2022 | In this article, the authors discuss the recent OECD public consultation documents on tax certainty for Amount A of pillar one and related issues, and review key areas that remain undecided. | International Tax Review

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Trade and Tax Considerations in a Transforming Supply Chain Environment

July 4, 2022 | In this article, the authors examine how the impacts of an unprecedented pandemic, widespread disruptions in supply chains, and related policy developments are affecting trade and tax considerations, with the goal of helping multinational corporations decide how to structure their supply chains. | Bloomberg Tax

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Lack of Critical Minerals Prompts Increased Interest in U.S. Mining

June 13, 2022 | In this article, the authors provide an overview of the growing demand for critical minerals needed to make the batteries in electric vehicles and examines tax issues involving common funding structures for mineral interests. | Tax Notes Federal

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Proposed Changes to the Qualified Intermediary (QI) Agreement

June 15, 2022 | In this article, the authors provide an overview of the IRS Notice 2022-23 proposing changes to the qualified intermediary agreement, as well as some observations. | Tax Management Real Estate Journal

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Brazilian Transfer Pricing: Here Today, Gone Tomorrow?

June 3, 2022 | In this article, the authors provide an overview of the new Brazilian transfer pricing system envisioned by the OECD and the Brazilian Federal Tax Authorities, which represents a complete departure from Brazil’s old system. The newly announced transfer pricing regulations would be an improvement for U.S.-based multinationals — particularly those seeking foreign tax credits under the new regulations — but there is still uncertainty whether holistic consistency between the Brazilian and U.S. income tax systems (and correlative creditability) can be achieved. | Tax Management International Journal

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Tax Clinic: Practical Advice on Current Issues

June 2022 | In this Tax Clinic, find nine short articles spanning a variety of practice areas, including digital asset cost basis reporting; transfer pricing—mutual agreement procedure, secondary adjustments, and DEMPE; influencers and noncash compensation; global mobility—Social Security, tax compliance, and foreign tax credits; and Tennessee taxation of passthrough entities. | The Tax Adviser

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The Post-TCJA Interplay Between NOLs and Charitable Dedecutions

May 30, 2022 | The authors of this article explore the complexities that corporations face (and the potential benefits they may enjoy) if they have charitable contributions and net operating loss carryovers available for deduction on their 2021 returns. | Tax Notes Federal

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How Transfer Pricing Practitioners Can Respond to ESG-Related Changes

May 26, 2022 | The authors of this article indicate that given the growing change of companies moving toward more sustainable business practices, companies need to reevaluate the value drivers of their business to determine if they need to modify their transfer pricing policies. | Bloomberg Tax

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Stock Repurchases Under the Build Back Better Act's Excise Tax

May 9, 2022 | The authors explain the provisions of the proposed excise tax on some stock repurchases by corporations and how the tax might apply to various transactions. | Tax Notes Federal

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No Notice: Why Unilateral IRS Rulemaking Is Obsolete

May 2, 2022 | The IRS and Treasury have long claimed that subregulatory published guidance is exempt from notice and comment requirements established by the Administrative Procedure Act. Two recent cases, Mann Construction and CIC Services, however, rejected this claim in the context of two IRS notices, paving the way for taxpayers to wage similar successful attacks. The authors of this article focus on IRS rules carrying the force of law that were issued without any notice and comment procedures. It also reviews court opinions addressing those rules and the Administrative Procedure Act and explains how taxpayers may use the opinions in future disputes. | Tax Notes Federal

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The Whirlpool Case and Subpart F

May 2022 | In this article, the authors describe the Whirlpool case and its implications for Subpart F planning and controversy. | International Tax Review

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U.S.: 2021 Statistics Show an Uptick in Demand for APAs

May 2022 | In this article, the authors discuss the Internal Revenue Service’s (IRS) advance pricing agreement (APA) statistics for 2021, and the state of the IRS APA programme. | International Tax Review

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Why Operationalizing Transfer Pricing Is More Important Than Ever

April 18, 2022 | In this article, KPMG authors provide perspective on how companies can better use transfer pricing processes and technology to address recent regulatory and reporting changes and prepare for additional changes to come. | Tax Notes International

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Proof of Stake – What's Really at Stake on the Tax Front?

April 2022 | Growing investment and recent tax developments have generated increased interest in cryptocurrency staking. In this article, the authors provide a general overview of staking and consider the different potential tax characterizations of staking and the general U.S. income characterizations. They then provide several considerations for special classes of investors, such as foreign and U.S. tax-exempt investors | Journal of Taxation of Financial Products

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Inversion 2.0: The Proposal to Expand the Scope of Section 7874

April 4, 2022 | In this article, the authors examine the changes to section 7874 proposed by the Senate Finance Committee in connection with the Build Back Better Act from an historical perspective, and they explain how the proposal could be fine-tuned to address the government’s underlying policy objectives without producing unintended, counterproductive results. | Tax Notes International

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States Will Soon Be Looking to Collect on NFT Sales

March 21, 2022 | The authors of this article examine the concept of nonfungible tokens (NFTs), analyze some of the key sales and use tax issues that have emerged regarding their sale, and provide first steps for NFT marketplaces and sellers to take to protect themselves in potential sales tax disputes. | Tax Notes State

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Controlled Technologies and Third Parties: Mitigating the Risk

March 2022 | In this article, the authors review common compliance activities that can help drive export compliance as it relates to high-risk third parties and handling controlled technology. | Export Compliance Manager

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Transfer Pricing and the New R&D Capitalization Rules

March 14, 2022 | In this article, the authors examine significant developments with the section 174 amendments and how they affect common transfer pricing arrangements. | Tax Notes Federal

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Section 409A Valuations Aren't An All-Purpose Insurance Policy

March 7, 2022 | In this article, the author examines various aspects of the section 409A private corporation stock valuation regulations, and explains why businesses may be tempted to adopt an overbroad reading of the rules. | Tax Notes Federal

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Recent Changes to Section 174 of the US Internal Revenue Code

March 2022 | The authors describe changes to section 174 and what this may mean for entities that provide contract research and development services to related parties. | International Tax Review

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Transfer pricing Considerations for Lease Structuring: COVID-19 Lessons

February 28, 2022 | In this article, the author examines how the pandemic affected the real estate investment trust industry and various lease restructuring options from a transfer pricing perspective, and recommends leading practices to minimize the effect of economic downturns on operations. | Tax Notes Federal

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Automatic Changes for Simplified Tax Accounting Methods Provide Relief for Small Business Taxpayers: Rev. Proc. 2022-9 Overview

February 28, 2022 | The authors provide an overview of recent revenue procedures modifying the small business taxpayer exemption method changes. | Tax Management Memorandum

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New Regulations Apply Nexus Rule Restricting Eligibility for U.S. Foreign Tax Credits

February 2022 | The United States column in the February issue of International Tax Review discusses certain aspects of recent U.S. Treasury final regulations regarding foreign tax creditability. | International Tax Review

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Navigating U.S. Russian Sanctions: What TO Consider

February 2022 | In this article, the authors evaluate the potential impact of emerging U.S. restrictions against Russia. | Export Compliance Manager

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The Enduring Mysteries of Compensatory Partnership Internships

Jan/Feb 2022 | This article highlights some of the issues arising from the limited IRS guidance that has been issued in the compensatory partnership interests area from the perspective of a compensation and benefits advisor. Given the exponential growth of partnership structures and resulting use of compensatory partnership interests, with limited definitive guidance from Treasury and the IRS, working with compensatory partnership interests has become equal parts technical expertise and risk management. | Corporate Taxation

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Beware of Extended Limitations Period for Subpart F Omissions

January 24, 2022 | The authors of this article consider the implications of a recent IRS legal memorandum concerning the statute of limitations on assessments involving subpart F and how that could affect a taxpayer’s overall return. | Tax Notes International

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The Use of Assignment Agreements for Hedging by Treasury Centers

Winter - January 2022 | This article looks at a centralized risk management model in which a single domestic treasury center enters into derivatives (ISDA transactions) under one or more ISDA Master Agreements with domestic banks in order to manage risks of affiliates (domestic and/or foreign). After setting assumptions, the article discusses the basic tax issues raised by assignment/delegation and concludes that authorities can provide support in favor of the position that an assignment agreement of the type discussed, under which the Treasury Center acts as a conduit or a “secret” agent for its affiliates under an undisclosed internal assignment agreement, can be respected for federal income tax purposes even if the tax position taken by the Treasury Center appears to violate representations made to its counterparty with respect to the trades. | Journal of Taxation of Financial Products

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Foreign Insurance Excise Tax

Winter - January 2022 | Congress imposes an excise tax on certain premiums paid to foreign insurers and reinsurers. The Internal Revenue Service has a long history of being assertive when applying this excise tax. The authors of this article provide the background and summarizes the IRS’s historical positions regarding the premium excise tax. Then, the article discusses the most recent IRS audit activity and proposes ways that taxpayers may address the IRS’s questions. | Journal of Taxation of Financial Products

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2021: U.S. Transfer Pricing Year in Review

January 26, 2022 | Authors of this article recap and reflect on US transfer pricing developments from 2021. | International Tax Review

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Tax Certainty: The March Goes On

January 25, 2022 | The authors of this article review recent developments in 'tax certainty'. | International Tax Review

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TCJA Changes to R&E Related Code Sections Kick In

January 24, 2022 | The authors of this article highlights issues taxpayers must consider now that the scheduled changes to the treatment of research and experimentation (R&E) expenditures—mandatory amortization—have taken effect beginning January 1, 2022. | Tax Management Memorandum

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Minimum Tax Credit Carryforwards After the Build Back Better Act

January 10, 2022 | In this article, the authors examine a potential and overlooked consequence of the Build Back Better Act for corporate taxpayers continuing to carry forward minimum tax credits under the old alternative minimum tax regime. | Tax Notes Federal

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A Decade of India's APA Program: Why It Still Makes Sense

January 10, 2022 | In this article, the authors provide an overview of India’s advance pricing agreement program, including key benefits to taxpayers and some of the difficulties being addressed by tax authorities. | Tax Notes International

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BEPS 2.0: Issues and Implications for Latin America

January 7, 2022 | The article provides an overview of the Organization for Economic Cooperation and Development’s (OECD) Pillars 1 and 2, and describes some of the most immediate issues implicated by BEPS 2.0 in Latin America as identified by authors from Argentina, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Mexico, Panama, Peru, and Uruguay. | Tax Management International Journal

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