International

Expert Analysis

• HSBC Suit Shows Challenge Of Designing Tax Relief Laws

  

  Investors' recent lawsuit against HSBC over film-related tax avoidance schemes spotlights the difficult balancing act of crafting practical tax relief legislation while safeguarding against abuse, says Andrew Parkes at Andersen Tax.

• Regulatory Concerns For US Cos.' Offshore Service Centers

  

  As more U.S. companies open and use offshore service-delivery centers amid the pandemic, assessment of important tax, intellectual property, cybersecurity and employment considerations can help mitigate regulatory risk and maximize the company's return on investment, says Sonia Baldia at Baker McKenzie.

• 5 Biz Tax Reforms To Aid Long-Term Pandemic Recovery

  

  As Congress negotiates another COVID-19 relief package, it should consider business tax measures that provide liquidity and encourage economic recovery by focusing budgetary resources on activities and circumstances connected to the pandemic and associated economic slowdown, says George Callas at Steptoe & Johnson.

• Altera Could Bolster State Transfer Pricing Scrutiny

  

  The reasoning of the Ninth Circuit's Altera v. Commissioner decision — which the U.S. Supreme Court recently declined to review — could provide state tax authorities with an argument for additional discretion when challenging transfer pricing arrangements between affiliated entities, say attorneys at Eversheds Sutherland.

• 10 Tips For A Successful Remote Arbitration Hearing

  

  As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

• VAT Cuts Won't Save Economies, Will Burden Businesses

  

  Although value-added tax cuts may seem attractive for governments looking to stimulate economies in the wake of the pandemic, their implementation costs and inefficiencies can cause significant trouble for businesses, says Richard Asquith of Avalara.

• COVID-19 May Make Incomplete Contracts Renegotiable

  

  Intercompany agreements on transfer pricing that do not include a pandemic eventuality might be argued to be incomplete from an economics perspective, providing justification for controlled parties to negotiate a remediation, say Robin Hart and Steven Schwartz at Charles River Associates.

• How To Handle Congressional Queries On COVID-19 Relief

  

  Despite their informal nature, congressional inquiries regarding CARES Act implementation should not be taken lightly as these requests may be precursors to more formal and invasive investigations, say attorneys at Baker Donelson.

• Congress Must Create More Private Rights Of Action

  

  In light of the Trump administration's efforts to limit the enforcement of regulations during the pandemic and beyond, and the U.S. Supreme Court's severe limitations on private rights of action, Congress must take swift action, says attorney Todd Phillips.

• 2008 Recession Offers Lessons For COVID-19 Transfer Pricing

  

  Tax directors at multinational companies can look to a post-Great Recession profitability analysis of distributors, manufacturers and service companies for guidance on transfer pricing in the current economic environment, says Alan Alford at Bates White.

• Multinationals Should Review Their Transfer Pricing Methods

  

  Tax directors should review their transfer pricing methods for 2020 as the relatively simple way that traditional models allocate risk and profit for tax purposes may exacerbate the financial effects of the pandemic on multinational corporations, say managing directors at Duff & Phelps.

• NOL Carryback Rule Changes Bring Benefits For M&A Parties

  

  New federal tax rules in the CARES Act, allowing the use of net operating loss carrybacks, bring previously unavailable tax benefits and negotiation opportunities for parties to mergers and acquisitions, say attorneys at Polsinelli.

• Pandemic Elevates Cos.' Compliance Risks In Latin America

  

  While Latin American governments respond to pandemic-related financial needs, multinational companies face elevated compliance risks from increased interaction with government officials, and new enforcement policies related to the misappropriation of funds, expedited government contracting, increased transparency and monitoring, and international cooperation, say attorneys at K&L Gates.