19 February 2016

U.S. International Tax This Week for the Week Ending February 19

Ernst & Young's U.S. International Tax This Week newsletter for the week ending February 19 is now available. Prepared by Ernst & Young's International Tax Services group, this weekly update summarizes important news, cases, and other developments in international taxation.

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Spotlight

House Ways and Means Committee Chairman Kevin Brady (R-TX) recently said his committee is planning to begin drafting international tax reform legislation immediately, while simultaneously developing a blueprint for comprehensive tax reform. Asked how the committee's work on international tax reform and comprehensive reform will fit with Senate Finance Committee Chairman Orrin Hatch's (R-UT) efforts to introduce a corporate integration bill, Chairman Brady was quoted as saying he sees the Senate efforts as being "parallel tracks going the same direction."

The Ways and Means Committee also announced it will hold a hearing on international tax reform on 24 February.

In other news, Treasury released the long-awaited revised US model income tax treaty this week, updating existing provisions but also adding some new measures including mandatory binding arbitration. The 2016 model treaty further includes provisions that are aimed at limiting treaty benefits in certain cases when the resident benefits from a special tax regime, as well as provisions that would reduce the benefits of corporate inversions by denying treaty benefits in certain circumstances.

The new model treaty also updates the existing limitation on benefits provision. The US model treaty was last updated in 2006. Treasury announced that it plans to release a technical explanation to the new model sometime this spring. The preamble to the 2016 model treaty invites public comments on certain issues that the government plans to address in the technical explanation. An ITS Alert is pending.

In recent months, the US government has indicated its growing concern over the EU State Aid investigations, suggesting that the European Community is unfairly targeting US multinationals. In a recent letter to the President of the European Commission, Treasury Secretary Jack Lew wrote that the Commission's use of a "sweeping interpretation" of the EU legal doctrine of state aid, in investigations of tax rulings granted to US companies, creates "disturbing" international tax policy precedents and should be reconsidered.

This week, Robert Stack, Treasury deputy assistant secretary (international tax affairs), was quoted as saying that while the United States is committed to addressing profit shifting, just because a US multinational has deferred tax by shifting income to a tax haven does not mean that that income should be taxed in Europe. The US also continues to reject the retroactive aspects of the commission's rulings.

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Upcoming Webcasts

BorderCrossings ... With EY's transfer pricing and tax professionals
During this Thought Center Webcast, Ernst & Young professionals will discuss the US proposed regulations for CbC reporting, including: (i) status update on global implementation of CbC reporting rules; and (ii) readiness and timing considerations for US implementation.

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Recent Tax Alerts

Africa

Asia

Canada & Latin America

— Feb 17: Ontario delays ORPP implementation (Tax Alert 2016-0336)

— Feb 17: British Columbia budget 2016-17 discussed (Tax Alert 2016-0331)

Europe

— Feb 16: The latest on BEPS as of February 15 (Tax Alert 2016-0327)

Middle East

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IRS Weekly Wrap-Up

Internal Revenue Bulletin

 2016-07Internal Revenue Bulletin of February 16, 2016
 2016-08Internal Revenue Bulletin of February 22, 2016

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Additional Resources

Ernst & Young Client Portal, the leading source for news, analysis, and reference materials for corporate tax professionals, has a variety of content of interest to international tax practitioners, including:

International Tax Online Reference Service. Key information about, and important tax developments from, 56 foreign jurisdictions, including information on tax rates, interest rates and penalties, withholding, and filing dates.

EY/Passport. EY/Passport is your guide to planning ventures in the global economy, offering a wealth of tax and business knowledge on more than 150 countries.

Because the matters covered herein are complicated, U.S. International Tax This Week should not be regarded as offering a complete explanation and should not be used for making decisions. Any decision concerning matters covered herein should be reviewed with a qualified tax advisor.

Document ID: 2016-0345