The Unified Approach issued by the OECD Secretariat on Oct 9, 2019, is the OECD's most recent attempt to find international consensus on BEPS Action Item 1, “Taxing the Digital Economy.” Our assessment is that the Pillar One proposals in the Unified Approach suffer from several defects, the...

The OECD Programme of Work on the tax challenges arising from the digitalization of the economy comprises a so-called GloBE (Global Base Erosion) or Pillar Two proposal, consisting of a series of measures aimed at establishing a floor to tax competition by achieving minimum taxation of the...

This study is focused on the tax measures that have been enacted in Portugal, following the health and economic crisis created by the SARS-CoV-2/COVID-19 pandemic.First, it aims at comprehensively characterizing the measures enacted, structuring them by thematic clusters, enabling the reader to...

This study was drafted shortly after the announcement of the referendum by which the United Kingdom decided to leave the European Union. In this article, the authors make a comprehensive assessment of what would be the tax consequences attached the decision. The article is of interest not only...

A recent KPMG transfer pricing study posits fixed percentages for returns to marketing and distribution activities, a.k.a. Amounts B and C in OECD parlance. The study casts some light on the OECD's design for a new global tax allocation respecting the profits of certain digital economy firms. By...

The arm's length principle (ALP), which requires multinationals to price their related-party transactions as if the transactions were conducted at arm's length, currently faces three major criticisms (or Goliaths), two old, one new. The old Goliaths are (1) transfer pricing is abusive and strips...

The 135 member countries in the OECD/G20 Inclusive Framework on BEPS are considering the adoption of a global minimum corporate income tax for taxing multinationals as part of the Pillar Two (GloBE) proposals for taxing the digital economy. This article provides a detailed analysis of the global...

The historical approach to taxing intrafirm transactions of multinational enterprises — the arm's-length standard (ALS) — has been criticized as unworkable, out of date and on death's door. Criticisms of the ALS fall into two broad categories. First are concerns that MNEs have been...

The October 2020 Pillar One proposal by the OECD/Inclusive Framework (IF) is designed to shift some portion of the global pre-tax profits of multinational enterprises (MNEs) in automated digital services (ADS) and consumer-facing businesses (CFB) to Market jurisdictions where ADS and CFB...

Tax Management International Journal, 50.2 (Feb. 2021): 90-97. Reproduced with permission from Bloomberg Tax (Feb 5, 2021). Copyright 2021 The Bureau of National Affairs, Inc. (800-372-1033) http://www.bloombergindustry.com.Abstract: The Amount B proposal in the Pillar One Blueprint released by...