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Civil Procedure International Trade Tax

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Implications of the Chevron Case on the Pharmaceutical Industry

by K&L Gates LLP on

In recent years, the Australian Taxation Office (ATO) has focused much energy in the transfer pricing arena, firstly due to the issue becoming part of the OECD's ongoing investigation into international tax practices and...more

Amazon v. Commissioner: IRS Cost Sharing Buy-In Challenge Rejected Again

by Jones Day on

On March 23, 2017, the U.S. Tax Court issued its long-awaited opinion in a transfer pricing dispute involving Amazon's cost sharing arrangement ("CSA") with its Luxembourg subsidiary... ...more

Third Circuit Holds eBay-Based Allegations Sufficient to Plead Reverse False Claim For Failure to Pay Import Duties

by Ropes & Gray LLP on

In October, the Third Circuit held in United States ex rel. Customs Fraud Investigations, LLC v. Victaulic Co., 839 F.3d 242 (3rd Cir. 2016), that the 2009 amendments to the False Claims Act (“FCA”) allowed a relator to...more

SDNY Confirms Arbitration Award Under FAA And The New York Convention Despite Award Being Silent On Tax Liability

by Carlton Fields on

An arbitration award required respondent to pay a series of royalty payments, audit costs and interest, but did not address either party’s tax obligations. Respondent made several payments to petitioner, but withheld 20% from...more

McDermott International Legal Highlights November 2016

by McDermott Will & Emery on

The New World of Global Tax Planning: a Checklist for Success - As all multinationals (MNEs) are discovering, domestic implementation of the recommendations set out in the base erosion and profit shifting (BEPS) final...more

The Bri-Chem Trilogy: Federal Court Affirms Tribunal

by Bennett Jones LLP on

On November 16, 2015, we described important substantive and procedural issues that would be addressed by the Federal Court of Appeal (FCA) in an appeal from a decision of the Canadian International Trade Tribunal (CITT)....more

SC Department of Revenue Issues New Guidance on Application of Use Tax to Foreign and Out-of-State Property Brought into South...

by McNair Law Firm, P.A. on

The South Carolina Department of Revenue (“DOR”) has issued new SC Revenue Ruling #16-6, providing use tax information for individuals, businesses, and nonprofits. The ruling supersedes SC Revenue Ruling #08-6 and provides...more

Development of court practice on customs disputes over the classification of goods

by Dentons on

On May 18, 2016 the Commercial Court of Moscow rendered a decision on the customs dispute of Apple Rus LLC (the “Company”) over the classification of Apple Watch devices according to the unified Foreign Economic Activity...more

No Offer to Arbitrate, No Agreement, No Competence: Hague District Court Reverses Yukos Arbitral Awards

In a decision released on April 20, 2016, The Hague District Court reversed the interim and final awards of an arbitral tribunal in three proceedings against the Russian Federation by shareholders of Yukos Oil Company, which...more

Repurchase Of CPECS From Shareholders Is Not Illegal, Rules Luxembourg Court

by Allen & Overy LLP on

Decision of the 15th Chamber of the District Court of Luxembourg, n°1648/2015, 23 December 2015 (appeal ongoing) - The Luxembourg District Court ruled that, from a company law perspective, Convertible Preferred Equity...more

En Banc Federal Circuit Declines to Re-hear Decision Restricting ITC’s Ability to Regulate Electronic Transmissions

by Ropes & Gray LLP on

On March 31, 2016, an en banc Federal Circuit issued a per curiam order declining petitions for en banc review of its November 10, 2015, decision in ClearCorrect Operating, LLC v. Int’l Trade Comm’n (No. 2014-1527), in which...more

IRS Uses New Tactic to Expand Efforts to Combat Offshore Tax Evasion

In a search for financial records of a U.S. taxpayer who allegedly parked undeclared income offshore, the Internal Revenue Service (IRS) and the U.S. Department of Justice (DoJ) are seeking to enforce a summons against a U.S....more

Massachusetts Net Worth “True Debt” Litigation Moves Forward—Oral Argument Held, Awaiting Decision

by Reed Smith on

With oral argument and briefing complete, the Massachusetts Department of Revenue’s authority to increase the net worth component of a taxpayer’s corporate excise using its “true debt” analysis is under review by the Appeals...more

US China Trade War – Dueling US China Antidumping Cases, China’s NME Status, TPP, Aluminum and Congress Failure to let TAAF Fix...

by Dorsey & Whitney LLP on

I have been in China for two weeks working on the Solar Cells and Steel Sinks cases. This is an abbreviated February newsletter, which will cover trade and trade policy, including the new trade cases filed in the United...more

EU Customs Developments: December 2015

by White & Case LLP on

EU Customs Policy - Union Customs Code Developments – Key Provisions Published - On 29 December 2015, the Implementing and Delegated Acts for the Union Customs Code (UCC) were published in the EU’s Official Journal...more

MoFo Tax Talk - Volume 8, No. 4

by Morrison & Foerster LLP on

IRS PROVIDES RICS ALTERNATIVES TO ACCOUNT FOR FOREIGN TAX REFUNDS - Generally, when a U.S. taxpayer pays foreign tax, the U.S. taxpayer is entitled to take a credit (a “Foreign Tax Credit”) against the taxpayer’s U.S....more

Out-of-State Subsidiary Holding Company Cannot Be Forcibly Included in a Colorado Combined Return

by Morrison & Foerster LLP on

A Denver District Court judge has held that the Colorado Department of Revenue cannot forcibly combine a corporation’s subsidiary, a holding company that derived its income solely from investments in foreign entities, in...more

Tax State Aid: The European Commission concludes Belgian ‘excess profit’ rulings illegal

by King & Spalding on

On January 11 2016, the European Commission (the Commission) again used Tax State Aid arguments to combat tax planning by multinationals when it announced its final decision in the formal state aid investigation into the...more

United States Challenges Chinese Tax Exemptions for Aircraft at the WTO

by King & Spalding on

On December 8, the United States launched a dispute (DS501) at the World Trade Organization (WTO) regarding tax exemptions on certain Chinese-produced aircraft. The United States has requested consultations with China, which...more

European Court of Justice Rules that a Scottish Law Establishing Minimum Unit Pricing for Alcoholic Drinks May Violate EU Law

by McDermott Will & Emery on

On 23 December 2015, the Court of Justice of the European Union (ECJ) – Europe’s highest court – ruled that a Scottish law establishing minimum unit pricing for alcoholic drinks may violate European Union law. The case...more

Federal Tax Advisory: Economic Substance Doctrine Cases

by Alston & Bird on

Things are heating up in the economic substance doctrine area, which could lead to a U.S. Supreme Court review of the IRS’s aggressive arguments for the doctrine. Certiorari Petitions - Salem Financial Inc. and Bank...more

"Key Takeaways: Delaware LLCs - The Implications of Anson"

Skadden held a webinar on September 14, 2015, to discuss certain key aspects of the U.K. Supreme Court decision in Anson v. HMRC, with a focus on potential ramifications for multinational groups including Delaware LLCs (and...more

UK tax treatment of US LLC: HMRC’s practice following Anson

by Dechert LLP on

We reported earlier this year on the UK Supreme Court’s decision in HMRC v Anson, in which it was held that a UK taxpayer, Mr. Anson, was entitled to claim relief against his UK tax liabilities for US tax paid on his share of...more

"Delaware LLCs and UK Entity Classification: The Fallout From the Curious Case of George Anson"

Fundamental to any developed tax policy is knowing who the taxpayer is (or should be) with respect to any particular transaction. Although that can be relatively straightforward in purely domestic situations, a cross-border...more

Federal Circuit Narrowly Interprets Limitations Period for Foreign Tax Credit Refund Claims

by McDermott Will & Emery on

In Albemarle Corp. v. United States, No. 2015-5015 (Fed. Cir. Aug. 13, 2015), the United States Court of Appeals for the Federal Circuit disallowed claims for refund related to foreign taxes paid by Albemarle Corporation...more

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