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May 1, 2022

U.S. Tax This Week for April 29

Ernst & Young's U.S. Tax This Week newsletter for the week ending April 29 is now available. Prepared by Ernst & Young's National Tax Department in Washington, D.C., this weekly update summarizes important news, cases, and other developments in U.S. taxation.

Top of the Week

OECD releases public consultation document on Extractives Exclusion under Amount A for Pillar One

On 14 April 2022, the Secretariat of the Organisation for Economic Co-operation and Development (OECD) released a public consultation document regarding the Extractives Exclusion under Amount A for Pillar One of the OECD/G20 project on Addressing the Tax Challenges Arising from the Digitalisation of the Economy (the BEPS 2.0 project). The new taxing right established through Amount A only applies to those Multinational Enterprise (MNE) Groups that fall within the defined scope of Amount A. The Extractives Exclusion will exclude from the scope of Amount A the profits from Extractive Activities. EY Tax Alert 2022-0673 has details.

US Department of Homeland Security announces humanitarian parole sponsorship program for Ukraine

As of April 25, the Department of Homeland Security (DHS) is implementing "Uniting for Ukraine," an accelerated sponsorship-based humanitarian parole program that will allow participating Ukrainians to travel to and temporarily remain in the United States for up to two (2) years. US-based sponsors who agree to provide financial support for Ukrainian citizens and their immediate family members will be able to initiate a process that will ultimately allow these sponsored beneficiaries to seek advance authorization to travel to the United States and request parole at a US port-of-entry. EY Tax Alert 2022-0687 has details.

Upcoming Webcasts

International tax talk (May 10)
During this EY Webcast, Ernst & Young professionals will address how the FTC regulations are expected to impact the ability of US MNEs to claim credits in the United States. At a high level, the webcast will also consider the interplay between the US FTC regulations, US policy perspectives and implementation of the Organisation for Economic Co-operation and Development’s BEPS 2.0 initiative.

How MNEs can adapt to TP developments in financial transactions and related controversy (May 11)
During this EY Webcast, a global panel of EY transfer pricing leaders will discuss key trends in Asia-Pacific and in Europe in the area of transfer pricing financial transactions that are shaping the future cross-border controversy landscape.

Work reimagined: How to prepare for ‘renaissance and recommitment’ (May 17)
During this EY Webcast, Ernst & Young professionals will explore the results of the newly released EY 2022 Work Reimagined Survey, which included more than 17,000 employees and 1,500 employers across 22 countries.

How to realize the full potential of your tax and finance function (May 23)
During this EY Webcast, Ernst & Young professionals will discuss recent tax industry trends and the outlook for changes relevant to financial services tax companies.

Recent Tax Alerts

Internal Revenue Service

— Apr 27: IRS provides penalty relief for failure to deposit superfund chemical taxes (Tax Alert 2022-0688)

— Apr 22: IRS allows taxpayers to make late cost recovery elections for certain qualified Indian reservation property, qualified second-generation biofuel plant property, and certain film, television, and live theatrical productions (Tax Alert 2022-0666)


— Apr 27: Updates provided regarding US designated Temporary Protected Status for Cameroon and Ukraine (Tax Alert 2022-0685)

— Apr 27: Canada announces program changes targeted to help attract and retain talent (Tax Alert 2022-0684)

— Apr 27: Canada's budget 2022 and the updated immigration imperative (Tax Alert 2022-0683)

— Apr 27: Sweden's new work permit legislation to go into effect on June 1 (Tax Alert 2022-0682)

— Apr 27: Kenya publishes additional regulations on beneficial ownership (Tax Alert 2022-0680)

— Apr 25: EU VAT rates proposal agreed to and published in the Official Journal (Tax Alert 2022-0674)

— Apr 25: OECD releases public consultation document on Extractives Exclusion under Amount A for Pillar One (Tax Alert 2022-0673)

— Apr 25: Portugal | European Court of Justice decision on withholding tax applicable on dividends distributed to nonresident Undertakings for Collective Investment discussed (Tax Alert 2022-0672)

— Apr 22: Austria implements new wage tax exemption for profit sharing payments made to employees (Tax Alert 2022-0664)

— Apr 22: Eswatini presents 2022 Budget (Tax Alert 2022-0663)

— Apr 13: Brazil to propose new transfer pricing system in line with OECD (Tax Alert 2022-0606)


— Apr 28: Senate HELP hearing on FDA user fee agreements | Advancing medical product regulation and innovation for the benefit of patients, FDA Center Directors (Tax Alert 2022-0689)

— Apr 27: What to expect in Washington (April 27) (Tax Alert 2022-0679)


— Apr 27: Maryland law establishes a paid family and medical leave insurance program with contributions due starting October 1, 2023 (Tax Alert 2022-0686)

— Apr 25: Puerto Rico extends due date for volume of business declarations (Tax Alert 2022-0675)

Recent Newsletters

State and Local Tax Weekly
   Highlights of this edition include:

New York governor signs Fiscal 2022—2023 budget bill into law, includes various tax law changes On April 9, 2022, Governor Kathy Hochul signed into law 2022 NY A9009/S8009(N.Y. Laws 2022, ch. 59), New York's Fiscal 2022—2023 budget (budget bill).

Kentucky legislature overrides governor's veto of HB 8 to enact conditional income tax rate cuts, sales/use tax base expansion and tax amnesty program On April 13, 2022, the Kentucky General Assembly overrode Governor Andy Beshear's veto of 2022 KY HB 8, which makes several changes to Kentucky tax laws.

—  Income/Franchise, Sales & Use, Business Incentives, Property Tax, Controversy, Payroll & Employment Tax, Miscellaneous Tax, Unclaimed Property, Value Added Tax, Unclaimed Property

IRS Weekly Wrap-Up

Proposed Regulations

 REG–106384–20Mortality Tables for Determining Present Value Under Defined Benefit Pension Plans
 REG–118913–21Estate and Gift Taxes; Limitation on the Special Rule Regarding a Difference in the Basic Exclusion Amount


 2022-21Public Recommendations Invited on Items to be Included on the 2022--2023 Priority Guidance Plan
 2022-22Updated Mortality Improvement Rates and Static Mortality Tables for Defined Benefit Pension Plans for 2023

Internal Revenue Bulletin

 2022-18Internal Revenue Bulletin of May 2, 2022

Because the matters covered herein are complicated, U.S. 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.