The unfolding Altera Corporation & Subsidiaries v. Commissioner (Altera) saga bore witness to another taxpayer-unfriendly development on June 7, when the Ninth Circuit chose in a 2-1 vote to uphold certain Treasury...more
6/21/2019
/ Advanced Pricing Agreements ,
Business Entities ,
Corporate Counsel ,
Corporate Taxes ,
Cost-Sharing ,
Income Taxes ,
Intangible Property ,
Internal Revenue Code (IRC) ,
International Tax Issues ,
Multinationals ,
Offshore Companies ,
Section 482 ,
Stock-Based Compensation ,
Tax Court
Traditionally, in the world of international tax planning, it has not been uncommon to see corporate structures utilizing entities organized in offshore jurisdictions that do not impose an income tax on corporate earnings –...more
4/30/2019
/ BEPS ,
British Virgin Islands ,
Cayman Islands ,
Corporate Structures ,
Corporate Taxes ,
Economic Substance Doctrine ,
GILTI tax ,
International Tax Issues ,
Jurisdiction ,
Multinationals ,
Offshore Companies
On August 7, 2018, the Ninth Circuit withdrew its July 24 decision in Altera so that new panel member, Judge Susan P. Graber, can now consider the case....more
On July 24, 2018, in the Altera Corp v. Commissioner decision, the Ninth Circuit overturned a 2015 U.S. Tax Court opinion and upheld the validity of regulations requiring taxpayers to treat stock-based compensation as a cost...more
8/3/2018
/ Arms Length Transactions ,
Compensation & Benefits ,
Corporate Taxes ,
Cost-Sharing ,
Foreign Corporations ,
IRS ,
Multinationals ,
Stock-Based Compensation ,
Tax Liability ,
Tax Planning ,
Technology Sector ,
Transfer Pricing
On October 13, 2016, the IRS and Treasury Department issued much anticipated regulations (the “Final” or “Temporary” Regulations) under Internal Revenue Code section 385. These regulations, which consist of both temporary...more
11/10/2016
/ Bifurcation ,
Debt ,
Debt Instruments ,
Expanded Group Instruments (EGIs) ,
Financial Institutions ,
Foreign Issuers ,
IRS ,
Multinationals ,
Section 385 ,
Stocks ,
U.S. Treasury
On April 4, 2016, the IRS and U.S. Treasury Department, in connection with a package of anti-inversion regulations prompted by news of the recent spate of corporate inversions (particularly the $160 billion Pfizer-Allergan...more
On April 4, 2016, the IRS and U.S. Treasury Department, in connection with a package of anti-inversion regulations prompted by news of the recent spate of corporate inversions (particularly the $160 billion Pfizer-Allergan...more