Features

Fair Is Fair—How to Assert For and Defend Against Alternative Apportionment
Alternative apportionment presents opportunities and challenges for taxpayers

The concept of apportionment in state taxation is an exception to the rule that life can be unfair. State apportionment must be fair. A wooden reading of a generally applicable apportionment law may not stand if that law yields an unfair result in a particular case. Alternative apportionment exists to… Read more »

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TEI Roundtable No. 18: The State Tax Policy Function
Whether it’s part of the tax department or part of government affairs, one thing is for sure—it’s getting more complicated every day

These days state tax policy occupies a greater percentage of the professional lives of many TEI members for a variety of reasons. We wanted to dive deep into this phenomenon, so we convened a roundtable of seasoned practitioners in the field, including Ellen Berenholz, executive director of tax policy at… Read more »

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TEI Roundtable No. 17: The View From the Corner Office: What Keeps Them Up at Night?
It’s tax reform, international issues, succession planning, growth versus risk, and dealing with multiple stakeholders and interested parties, including the media—to name just a few

While some might envy the corporate tax vice presidents and senior counsel who occupy the corner office, there’s no denying they have a difficult job, one that is subject to increasing pressures due to changes in tax laws and to increasing media and public interest in tax issues. To get… Read more »

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Nuts, Bolts, and Nuances of the Competent Authority Process
Relief is provided in most cases, but pitfalls and new issues are multiplying

The competent authority procedure is a dispute resolution mechanism available to taxpayers facing cross-border disputes under an applicable tax treaty. The taxpayer may invoke this procedure to require the tax administration’s competent authority function to “endeavor” to resolve the dispute by “mutual agreement” with its counterpart in the treaty partner… Read more »

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Tax-Efficient Supply Chain in Shadow of Tax Reform
GILTI, FDII, and BEAT: they’re not just acronyms—they require reassessing tax consequences of existing supply chain structures

For the past quarter century the same legal framework and economic incentives have driven how multinational corporations structure their supply chains. Relatively high U.S. corporate rates incentivized companies to locate valuable assets and operations in lower-taxed jurisdictions; the United States’ worldwide tax regime incentivized retaining and reinvesting those earnings outside… Read more »

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Anatomy of a Multijurisdictional Dispute
Recent tax reform presents additional considerations

Demands on tax executives have never been higher. Whereas international tax rules have always been complex, the Organisation for Economic Co-operation and Development’s Base Erosion and Profit Shifting (BEPS) Action Plan and now U.S. tax reform introduce new levels of complexity and uncertainty. At the same time, sensational media coverage… Read more »

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TEI Interview: John Koskinen
Former IRS commissioner gives TEI members an up-close look at why budgetary constraints presented a major challenge during his tenure—and still do

John Koskinen served as IRS commissioner for almost four years before leaving office in November 2017. As IRS commissioner, Koskinen dealt with thorny issues, including antiquated technology, the growing importance of international tax issues, and, of course, budget constraints. Tax Executive was granted one of the first interviews with Koskinen… Read more »

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Effective NOL Planning in Light of Tax Reform
Can your company unlock the value of net operating loss carryforwards to reduce future taxable income?

Under current tax rules, a corporation can generally carry back a net operating loss (NOL) to the two preceding taxable years and carry it forward up to the twenty taxable years following the loss to offset 100 percent of federal taxable income and ninety percent of the alternative taxable income.… Read more »

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Pros and Cons of Voluntarily Disclosing Past Wrongs
To disclose or not to disclose, that is the question

Hamlet’s thoughts weighed heavily upon him. Should he suffer the slings and arrows of outrageous fortune, or take arms against a sea of troubles? For the young Prince of Denmark seeking to avenge his father’s death, the choice was action or inaction, and ultimately life or death. Fortunately, most tax… Read more »

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TEI Roundtable No. 16: Diversity and Inclusion in the Tax Industry
A growing commitment to a policy with clear-cut business benefits

Workforce diversity is a concern in every industry, and tax is no exception. But what issues are currently relevant, and is there a business rationale for increasing diversity? To explore this topic further, Tax Executive convened a roundtable discussion group composed of diversity leaders in the industry, including Margie Dhunjishah,… Read more »

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