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
Code section 965 establishes a transition tax (the “Transition Tax”), which applies to U.S. corporations (and in certain cases, U.S. partnerships and individuals) having control over unrepatriated offshore earnings as of the...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
Congress has passed the tax reform bill, known as the “Tax Cuts and Jobs Act” (the “Act”), and President Trump signed it into law on December 22, 2017. The Act contains wide-ranging changes to the tax law, many of which will...more
2/2/2018
/ Bonus Depreciation ,
Carried Interest Tax Rates ,
Compensation & Benefits ,
Corporate Taxes ,
EBITDA ,
Executive Compensation ,
Income Taxes ,
Net Operating Losses ,
New Legislation ,
Partnership Interests ,
Pass-Through Entities ,
Portfolio Companies ,
Private Equity Funds ,
Tax Cuts and Jobs Act ,
Tax Deductions ,
Tax Planning ,
Tax Rates ,
Tax Reform ,
Trump Administration
On December 15, the U.S. Congress issued its final version of tax reform via the Conference Report Bill (the “Bill”), which was passed by both Houses of Congress. The Bill represents a compromise of two prior tax reform ...more
12/29/2017
/ Alternative Minimum Tax ,
Base Erosion Tax ,
Business Taxes ,
Corporate Taxes ,
Foreign Tax Credits ,
Income Taxes ,
International Tax Issues ,
Legitimate Business Interest ,
New Legislation ,
Pass-Through Entities ,
Repatriation ,
Tax Cuts and Jobs Act ,
Tax Deductions ,
Tax Deferral ,
Tax Rates ,
Tax Reform ,
Trump Administration
The Paris administrative court ruled on July 12th, 2017, that Google Ireland Limited did not have to pay $1.3 billion in back taxes in France for the period 2005-2010.
The Irish company Google Ireland Limited sells digital...more
9/12/2017
/ BEPS ,
Corporate Taxes ,
Double Taxation ,
France ,
Google ,
Income Taxes ,
Ireland ,
Multilateral Agreement ,
OECD ,
Tax Treaty ,
Value-Added Tax (VAT) ,
Withholding Tax
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 August 6, 2015, the IRS issued Notice 2015-54, which states that the IRS and Treasury intend to issue regulations under section 721(c) of the Internal Revenue Code to ensure that, when a U.S. person transfers certain...more
Last week, the Internal Revenue Service and Treasury Department announced a number of new regulations intended to make it more difficult to qualify for tax advantages associated with inversion transactions and reduce certain...more
The increasing use of corporate inversions, whereby a company via merger achieves 20 percent or more new ownership, claims non-U.S. residence, and is then permitted to adopt that country’s lower corporate tax structure and...more
On March 31, 2014, Governor Cuomo signed into law legislation that provides for an extensive reform of the state's corporate tax regime (the "Act"), most notably for out-of-state corporations providing digital products to New...more