This Perspective explores the implications for the home countries of large MNEs of the agreement reached by over 140 countries in 2021 to enact a corporate minimum tax of 15%. It argues that the corporate minimum tax complements the trend to reduce the negative impact of unfettered globalization...

This Perspective explores the implications for the home countries of large MNEs of the agreement reached by over 140 countries in 2021 to enact a corporate minimum tax of 15%. It argues that the corporate minimum tax complements the trend to reduce the negative impact of unfettered globalization...

The global corporate minimum tax (GLoBE) as embodied in Pillar 2 of the OECD/IF BEPS 2.0 proposal was set in October 2021 at 15% of the financial statement income of within scope MNEs. That is also the rate and the base of the new US corporate alternative minimum tax (CAMT). The Single Tax...

Section 877A was enacted in 2008 to impose a significant price on US citizens who expatriate. But the price was not right. The quarterly data on expatriations (published in the Federal Register since 1998) show an increasing trend since 2008. For example, 3,422 Americans expatriated in 2022, and...

This paper performs a forensic analysis of Microsoft Corporation’s transfer pricing cost sharing arrangement based on forensic economic analysis of public and information, including Microsoft’s SEC and foreign country regulatory filings, documents disclosed during a recent federal court...

US critics of Pillar 2 of the OECD BEPS 2.0 project have focused on the impact of the UTPR on tax credits such as the ones included in the Inflation Reduction Act and the CHIPS Act. In fact, those credits are unlikely to be affected because they are refundable. But this raises the broader...

In a recent article in the Canadian Tax Journal, it has been argued that a country that applies pillar 2 of BEPS 2.0 to a subsidiary or permanent establishment of a multinational within it could trigger an investment arbitration under a bilateral investment treaty with the home country of the...

International tax law has traditionally been built upon bilateral treaties and unilateral actions, while trade law has traditionally been multilateral and international investment law has been bilateral but with Most Favored Nation (MFN) clauses that render it effectively multilateral. This...

Professors Reuven S. Avi-Yonah, David Gamage, Orly Mazur, Young Ran (Christine) Kim, and Darien Shanske (collectively, “Tax Law Professors”) write this amici curiae brief in support of the Appellant in COMPTROLLER OF MARYLAND v. COMCAST — the Maryland Digital Advertising Case. Many digital...