International

  • January 27, 2022

    4 High Court Tax Decisions Justice Breyer Helped Shape

    Justice Stephen Breyer, who announced his retirement from the U.S. Supreme Court on Thursday, was not a prolific author of tax-related opinions during his tenure, but nevertheless penned several decisions that established important principles in criminal and civil tax law. Here, Law360 takes a closer look at some of those cases.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    HMRC Tells Justices Not To Overlook Accounting Standards

    Judges shouldn't overlook accounting standards to enable subsidiaries to claim a parent company's accounting debits from granting options the companies purchased for employees through a benefit program using intercompany transactions, HM Revenue & Customs told the U.K.'s top court.

  • January 27, 2022

    6th Circ. Urged To Reconsider $45M Foreign Income Case

    The Sixth Circuit should reconsider its holding that $45 million in income related to operations a Whirlpool subsidiary conducted in Mexico was foreign base company sales income, because it ignored an exception in Treasury regulations, a manufacturing association said Thursday.

  • January 27, 2022

    ECJ Adviser Says GE Vouchers May Be Subject To VAT

    Retail vouchers that GE Aircraft Engine Services Ltd. awarded to high-performing employees may be taxable under the European Union's common system of value-added tax if certain criteria are met, an adviser to the European Court of Justice said Thursday.

  • January 27, 2022

    US Drops Request For Emails In $554K FBAR Case

    The U.S. will no longer seek emails a woman sent her attorney in a $554,000 foreign bank account reporting violations case after she argued attorney-client privilege protected the messages, sent from her son's email, the government said Thursday.

  • January 27, 2022

    Judge In $2B Tax Fraud Case To Consider Civil Suit As Well

    The former chief executive of a software company can transfer his suit challenging Internal Revenue Service jeopardy assessments against him to the same judge overseeing his $2 billion fraud case, another judge said.

  • January 27, 2022

    Canadian Bank Seeking GST Exemption Must Present Evidence

    A Canadian bank failed to prove financial service supplies it sold were exempt from goods and service taxes, according to the Tax Court of Canada, which said it would allow the company and government to present evidence in the case.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Taylor Wessing May Face Expanded Suit Over Tax Advice

    Two of Norway's richest men asked a court Thursday to expand their £11 million ($14.7 million) lawsuit accusing Taylor Wessing and Moore Stephens of failing to respond to changes in how the government taxes U.K. residents based abroad.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 27, 2022

    EU May Explore Common Deduction Approach, Gentiloni Says

    The European Union may consider a common approach toward deductions as a part of a new framework for corporate tax that the EU is due to unveil next year, tax commissioner Paolo Gentiloni said.

  • January 27, 2022

    ECJ Rules Spanish Disclosure Statute Violates EU Law

    A Spanish law that requires taxpayers to declare assets held outside the country or face steep fines violates European Union laws guaranteeing the free movement of capital, Europe's highest court ruled Thursday.

  • January 26, 2022

    IRS Outmatched On Partnership Matters, Rettig Says

    Despite recent gains in hiring, the Internal Revenue Service still can easily find itself outmatched when it comes to complex issues involving partnerships, Commissioner Chuck Rettig said Wednesday.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    UK Top Court Asked To Set Aside Book Rules For Profits

    Lower courts correctly found two subsidiaries can deduct accounting debits from their parent company's stock option grants to employees when calculating profits for corporate tax, despite international accounting standards, the firms told the U.K. Supreme Court.

  • January 26, 2022

    Power Shift In Proposed PFIC Rules Could Cause Headaches

    U.S. partnerships that hold stock in passive foreign investment companies would see individual partners become responsible for certain tax decisions under recently proposed regulations, which could create administrative complexities for the partnerships and their stakeholders alike.

  • January 26, 2022

    German Federal Tax Court Appoints New President

    Germany's tax-and-customs court appointed a longtime state-level official as its president.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

  • January 26, 2022

    Oil Co. Says Ecuador Has No Excuses In $393M Award Fight

    A Bahamian oil company has asked a D.C. federal court to enforce an entire $393 million arbitral award against Ecuador, arguing the country's attempts to chisel down the award through tax claims is a dubious and inappropriate strategy.

  • January 26, 2022

    'Just Do Your Job': Justice Breyer's Legacy Of Pragmatism

    With the coming retirement of Justice Stephen Breyer, the U.S. Supreme Court loses not only a core member of its liberal bloc, but also a judicial thinker who cares deeply about making the law work on a practical level, those who worked with him said.

  • January 26, 2022

    Court Wrongly Ran Own Numbers In FBAR Row, 11th Circ. Says

    The IRS must recalculate penalties it assessed against a Florida man who failed to disclose his foreign bank accounts after the Eleventh Circuit found that a lower court wrongly substituted the agency's calculations with its own $12.5 million penalty computation.

  • January 26, 2022

    US OK With Moving Software CEO's Tax Suit To Different Judge

    The U.S. government said it does not oppose transferring a software CEO's suit challenging Internal Revenue Service jeopardy assessments to the judge overseeing a related $2 billion fraud case against him.

  • January 26, 2022

    5 Breyer Opinions You Need To Know

    Justice Stephen Breyer, who was confirmed Wednesday to be stepping down from the court after 27 years, was a pragmatist who thought about the real-world implications of the high court’s decisions. Here, Law360 looks at some of the cases that epitomize his career.

Featured Stories

  • 4 High Court Tax Decisions Justice Breyer Helped Shape

    Joshua Rosenberg

    Justice Stephen Breyer, who announced his retirement from the U.S. Supreme Court on Thursday, was not a prolific author of tax-related opinions during his tenure, but nevertheless penned several decisions that established important principles in criminal and civil tax law. Here, Law360 takes a closer look at some of those cases.

  • Breyer Retiring As Supreme Court Lurches Right

    No Photo Available

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • Power Shift In Proposed PFIC Rules Could Cause Headaches

    Natalie Olivo

    U.S. partnerships that hold stock in passive foreign investment companies would see individual partners become responsible for certain tax decisions under recently proposed regulations, which could create administrative complexities for the partnerships and their stakeholders alike.

Expert Analysis

  • The Highs And Lows Of Tax Controversy In 2021

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    Lawrence Hill at Steptoe & Johnson reviews the ups and downs of tax controversy practice in 2021, including the continued effects of the pandemic, troubling decisions on attorney-client privilege and an IRS comeback on transfer pricing.

  • Lessons From IRS For A New HMRC Whistleblowing Model

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    Andrew Park at Andersen considers whether the public interest would be better served in allowing the U.K.'s tax enforcers, HM Revenue & Customs, to offer larger and more certain cash incentives to people blowing the whistle on tax misdemeanors — similar to the IRS model for whistleblowers.

  • The Benefits Of Competent Authority In Int'l Tax Disputes

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    Multinational enterprises seeking relief from double taxation in a changing international tax landscape should consider utilizing the competent authority process, which provides both taxpayers and domestic tax regulators an efficient and effective means of dispute resolution, say David Farhat and Eman Cuyler at Skadden.

  • How OECD Transfer Tax Initiative Affects Smaller Businesses

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    Small and midsize enterprises with cross-border transactions need to consider redefining tax strategies and operational models in light of the Organization for Economic Cooperation and Development's base erosion and profit shifting initiative, even though the agency's new tax guidelines are aimed at large multinational enterprises, says Ganesh Ramaswamy at Kreston Rangamani.

  • What The New OECD Double-Tax Procedure Statistics Tell Us

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    Monique van Herksen and Clive Jie-A-Joen at Simmons & Simmons consider the Organization for Economic Cooperation and Development’s recent report on double taxation cases resolved in 2020 under the mutual agreement procedure process, and examine whether the process has improved dispute resolution mechanisms since its implementation five years ago.

  • Navigating FCPA Risks Of Minority-Owned Joint Ventures

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    The U.S. Department of Justice and U.S. Securities and Exchange Commission will likely continue to focus on third-party risks under the Foreign Corrupt Practices Act, so companies with minority-owned joint ventures should take several steps to mitigate related compliance challenges, say Ben Kimberley at The Clorox Company and Addison Thompson at Covington.

  • Questions To Ask If Doing Business In A Corruption Hot Spot

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    Businesses facing new scrutiny after the U.S. Department of Justice's recently announced task force for combating human trafficking in Central America, the release of the Pandora Papers and continuing fallout from 2019's Panama Papers, should address compliance risks by having employees ask three questions about every transaction, say attorneys at White & Case.

  • How The Global Tax Agreement Could Backfire For Biden

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    If the $3.5 trillion spending package fails, the federal tax code will not conform to the recent 15% global minimum tax agreement spearheaded by the U.S., which would embarrass the Biden administration and could lead to retaliatory tax measures by other nations, says Alex Parker at Capitol Counsel.

  • Pandora Papers Reveal Need For Greater Tax Enforcement

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    The recent Pandora Papers leak is a reminder of the importance of transparency laws and proper funding for enforcement efforts against tax evasion as bad actors increasingly operate in the shadows, says Daren Firestone and Kevin Crenny at Levy Firestone.

  • Parsing New Int'l Tax Reporting Rules For Pass-Throughs

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    Attorneys at Grant Thornton unpack the Internal Revenue Service’s new pass-through entity reporting requirements for international tax matters and the accompanying guidance for penalty relief, and suggest how companies should prepare for what may be the most significant change to the partnership compliance function in decades.

  • A Look At Global Tax Enforcement Developments: Part 2

    Excerpt from Practical Guidance
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    Sean Craig at LexisNexis examines recent investigations by the Joint Chiefs of Global Tax Enforcement and their impact on U.S. taxpayers, as well as the growing significance of transfer pricing disputes and policies for future enforcement.

  • A Look At Global Tax Enforcement Developments: Part 1

    Excerpt from Practical Guidance
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    Sean Craig at LexisNexis looks at how international initiatives, such as the Joint Chiefs of Global Tax Enforcement, are addressing cryptocurrency-related tax evasion, and how the COVID-19 pandemic and increasing demands for governmental welfare programs are driving global tax policy.

  • EU Climate Plan Should Involve Taxing Pollution, Not Borders

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    In order to crack down on greenhouse gas emissions, the European Union proposes to levy carbon emissions at its borders and to overhaul its long-standing energy tax framework, but the latter would hold polluters directly accountable, giving it the better chance for success, says Rebecca Christie at Bruegel.