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December 9, 2022

U.S. Tax This Week for December 9

Ernst & Young's U.S. Tax This Week newsletter for the week ending December 9 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 corporate tax statistics and the 2022 revenue statistics and consumption tax trends

On 17 November 2022, the OECD released the fourth edition of its annual Corporate Tax Statistics publication (the Corporate Tax report) together with an updated database. The OECD describes the database as intended to assist in the study of corporate tax policy and expand the quality and range of data available for the analysis of base erosion and profit shifting (BEPS) activity. EY Tax Alert 2022-1831 has details.

OECD's 2021 mutual agreement procedure statistics show US continues to decrease case inventory Newly-released statistics from the OECD on MAP show that the US MAP program's inventory decreased in 2021. In addition, the US MAP program closed more cases (that were started on or after 1 January 2016) than it opened in 2021. The 2021 statistics were released on 22 November 2022, at the OECD's fourth Tax Certainty Day.1 During the event, the OECD also released the 2021 MAP awards. EY Tax Alert 2022-1815 has details.

Upcoming Webcasts

Accounting for income taxes - a quarterly perspective (December 13)
During this EY Webcast, Ernst & Young professionals, moderated by Angela Evans, Partner, Tax Accounting and Risk Advisory Services (TARAS), will discuss ongoing issues and regulatory trends in the tax accounting arena. Topics will include recent tax legislation with tax accounting implications and a review of current income tax accounting concepts.

Omnishoring: Recent trends in supply chain, tax and global trade (December 13)
During this EY Webcast, Ernst & Young professionals will discuss the current factors that affect supply chain. This session will cover the macroeconomic, geopolitical and operational trends driving multinationals to reconsider the resilience of their supply chain across the manufacturing, logistics, distribution and sales functions.

Year-end reporting: What filers need to know this season (December 14)
What are this year’s newest challenges? What should filers think about so their information is complete and correct before filing? Join Ernst & Young LLP professionals during this EY Webcast for answers to these questions and a practical discussion of how to manage your information reporting process.

Tax in the time of COVID-19: update on legislative, economic, regulatory and IRS developmentse (December 16)
During this EY Webcast, Ernst & Young professionals will discuss how businesses can navigate the tax policy environment and continue to effectively operate their tax function in this time of crisis and change. Panelists will provide updates on: (i) the US economy and tax policy; (ii) breaking developments; and (iii) what’s happening at the IRS.

Recent Tax Alerts


— Dec 02: District court holds Mayo Clinic is a qualified educational organization entitled to a $11.5m refund for UBIT paid (Tax Alert 2022-1801)

Internal Revenue Service

— Dec 07: New guidance explains wage and apprenticeship requirements for increased renewable energy tax credits (Tax Alert 2022-1832)


— Dec 07: Netherlands publishes new salary requirements for 2023 (Tax Alert 2022-1829)

— Dec 07: Malaysia's Long-Term Pass holders now eligible to use Autogate facility at two Malaysian airports (Tax Alert 2022-1828)

— Dec 07: Poland issues draft regulations on mandatory electronic invoicing (Tax Alert 2022-1826)

— Dec 07: Argentine Congress approves Budget bill for 2023 (Tax Alert 2022-1825)

— Dec 07: Netherlands issues favorable withholding tax Decree dealing with disregarded entities (Tax Alert 2022-1821)

— Dec 07: Peruvian Tax Authority introduces rules for online payment of taxes by nonresidents (Tax Alert 2022-1820)

— Dec 07: Kenya signs MCAA for Exchange of Country-by-Country reports | Implications for MNEs operating in Kenya (Tax Alert 2022-1818)

— Dec 06: Uruguay updates conditions for employees to work remotely under Free Trade Zone regime (Tax Alert 2022-1791)

— Dec 06: EU Member States give final approval to Foreign Subsidies Regulation (Tax Alert 2022-1814)

— Dec 05: OECD's 2021 mutual agreement procedure statistics show US continues to decrease case inventory (Tax Alert 2022-1815)

— Dec 05: UK provides updated list of Immigration Skills Charge exemptions effective January 1, 2023 (Tax Alert 2022-1811)

— Dec 05: Global Portuguese consular workers' strike cancelled (Tax Alert 2022-1810)

— Dec 05: Singapore passes Goods and Services Tax (Amendment) Bill 2022 (Tax Alert 2022-1809)

— Dec 02: Portuguese consular workers announce global strike as of December 5 (Tax Alert 2022-1804)

— Dec 02: OECD's 2021 mutual agreement procedure statistics show US continues to decrease case inventory (Tax Alert 2022-1803)

— Dec 06: Saudi Arabia extends tax amnesty initiative (Tax Alert 2022-1802)

— Dec 02: German Bundestag approves Annual Tax Act 2022 and addresses extraterritorial taxation of IP (Tax Alert 2022-1800)

— Dec 02: Switzerland's 2023 work permit quotas for EEA, non-EEA and UK nationals to remain unchanged (Tax Alert 2022-1799)

— Dec 02: Spain passes final version of bill creating new Teleworking Visa and Permit (Tax Alert 2022-1797)

— Dec 02: CJEU annuls European Commission’s decision on State aid granted by Luxembourg to a financing company (Tax Alert 2022-1796)


— Dec 07: What to expect in Washington (December 7) (Tax Alert 2022-1827)

— Dec 05: Senate HELP Subcommittee hearing: Caring for our kids; supporting mental health in transition from high school to college (Tax Alert 2022-1813)


— Dec 07: California cities of Los Angeles and Santa Monica approve ballot measures to impose new real estate transfer taxes at significantly higher rates (Tax Alert 2022-1833)

— Dec 06: 2022 state tax legislative round-up (Tax Alert 2022-1822)

— Dec 05: Washington announces a modest workers' compensation insurance rate hike for workers and employers (Tax Alert 2022-1817)

Recent Newsletters

State and Local Tax Weekly
   Highlights of this edition include:

Texas appeals court allows taxpayer's use of cost-of-performance data to apportion its subscription receipts for services to Texas. In the latest holding in the Sirius XM Radio (Sirius XM or the Taxpayer) Texas franchise tax saga, the Texas Court of Appeals, Third Circuit (appeals court), on remand from the Texas Supreme Court, held that the Taxpayer provided sufficient evidence to support its cost-based analysis of the "fair value" of services performed in the state for purposes of sourcing gross receipts from the sale of services. Accordingly, the Taxpayer can use cost-of-performance data to apportion its subscription receipts for services performed in Texas.

— Income/Franchise, Sales & Use, Business Incentives, Compliance & Reporting, Payroll & Employment Tax, Miscellaneous Tax, Upcoming Webcasts

IRS Weekly Wrap-Up

Proposed Regulations

 REG-106134-22Syndicated Conservation Easement Transactions as Listed Transactions

Revenue Rulings

 2022-26Amounts Paid by Suffolk County, New York, to Residents for Septic System Upgrades
 2022-24Section 401. — Qualified Pension, Profit-Sharing, and Stock Bonus Plans


 2022-28Administrative, Procedural, and Miscellaneous

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.