Topic
Transfer Pricing
238 published works
Best Methods
Compliance Campaign: COGS Cops Coming
By John T. Hildy, Sonal Majmudar, Jason M. Osborn, Tyler M. Johnson
Last week, the IRS released a mysterious new audit “campaign” that may implicate – inadvertently or otherwise – transfer pricing practices. The campaign, which was announced on August 8, is…
Best Methods
Mayer Brown Adds to Transfer Pricing Team
By John T. Hildy, Elena B. Khripounova, Jason M. Osborn, Anthony D. Pastore, Jenny A. Austin, Michael Lebovitz
Mayer Brown announced today that Sonal Majmudar, former international tax counsel with the Internal Revenue Service (IRS), joined its Tax practice as a partner. Sonal will be resident in the…
SALT Shaker
Wisconsin Tax Appeals Commission finds Skechers’ intercompany transactions lacked a valid business purpose and economic substance
By Eric Tresh, Eversheds Sutherland SALT
On February 24, 2023, the Wisconsin Tax Appeals Commission upheld the Department’s assessment that Skechers’ licensing transaction with its wholly owned subsidiary, Skechers USA Inc. II (SKII), lacked a valid…
Best Methods
GLAM’s Realistic Alternatives Analysis Adopts Corporate Valuation DCF Concepts
By Tyler M. Johnson, John T. Hildy
In November, the IRS Office of Chief Counsel issued a generic legal advice memorandum (“GLAM”) AM-2022-006, titled “Realistic Alternatives and Tax Considerations in the Application of Sections 482 and 367(d).”…
SALT Shaker
Legal Alert: MTC revamps its transfer pricing efforts
The Multistate Tax Commission (MTC) held its annual Fall Meetings in Little Rock, Arkansas (Eversheds Sutherland attorneys attended the meeting, and a full report of the meetings will be provided).…
Best Methods
Prepare for Warp Speed: New Goal to Conclude APAs is 24–30 Months
By Tyler M. Johnson, Jason M. Osborn
On September 28, 2022, the OECD published the Bilateral Advance Pricing Arrangement (“BAPA”) Manual. The manual proposes best practices for jurisdictions to streamline, expedite and improve BAPA processes based on…
Best Methods
Turning the Screw: Penalties in Transfer Pricing Disputes
By Jenny A. Austin, James Kelly, Anthony D. Pastore
In 2018, the IRS reminded exam teams to perform a “diligent penalty analysis” in every transfer pricing case. Since then, we have observed that the agency is increasingly willing to impose penalties,…
International Trade Law
Customs Ruling of the Week – Cost Plus Transfer Price and Transaction Value
In ruling H313988 (February 18, 2022), Customs and Border Protection (CBP) addressed whether certain costs should be added to the customs value as assists when using the transaction value method…
Best Methods
Less than Meets the Eye: The IRS Practice Unit on CbC Reports
By John T. Hildy, Anthony D. Pastore
In April, the IRS released a practice unit on country-by-country (or “CbC”) reporting. The purpose of the document is twofold: (i) describe the background of CbC reporting and (ii) provide guidance to…
Best Methods
APMA’s 2021 APA Annual Report Shows High Demand for APAs by Multinationals and Steady Progress by APMA in Concluding Cases
By Jason M. Osborn, Samantha I. Bear
On March 22, 2022, the Internal Revenue Service’s Advance Pricing and Mutual Agreement Program (“APMA”) released its 2021 Announcement and Report Concerning Advance Pricing Agreements (“2021 Annual Report”). The 2021…