United States

BEPS, Double Taxation, Hybrids, International Tax Law, MLI, OECD, Residence, Tax Treaties, Treaty shopping, United States

(Temple Tax Chambers; King’s College London)/ /Leave a comment

Commissioner of Taxation v Resource Capital Fund IV LP [2019] FCAFC 51 addressed a number of fundamental international tax issues. The case concerned a gain from the sale of shares in an Australian incorporated public company listed on the Toronto Stock Exchange by two Cayman Island limited partnerships whose partners included residents of the United…

Tax Policy, Transfer Pricing, United States

(Texas A&M University Law)/ /Leave a comment

In a double take two-to-one decision because of a withdrawn decision due to the death of a judge, a Ninth Circuit panel in Altera reversed a unanimous en banc decision of the Tax Court that the qualified cost sharing arrangements (QCSA) regulations[1] were invalid under the Administrative Procedure Act.[2]  The renown Professor Calvin Johnson (Texas) and I shared comments on this case. Professor Johnson’s…

Anti-tax avoidance, BEPS, International Tax Law, United States

(University of Michigan)/ /2 Comments

The financial crisis of 2008 and the Great Recession that followed led to millions losing their jobs and their homes. In Europe, the governments reacted to the pressure on the Eurozone by imposing austerity and sharply cutting the social safety net. While the Obama Administration made no such cuts, the size of the US fiscal…

Abuse of law, OECD, Principal purpose test, United States

( PwC Netherlands, Lazarski University and Singapore Management University)/ /Leave a comment

The text represents the personal views of the author, which do not purport to represent the view of Poland’s Ministry of Finance. In the judgement in X GmbH (Case C-135/17), on 26 February 2019, the CJEU for the first time examined a compatibility of CFC rules with the EU primary law to the extent of…