Tax & Regulatory Briefing: February 2020

FEBRUARY 28, 2020

Welcome to the second AFIRE Tax & Regulatory Briefing – and happy Leap Year weekend!

We’re still digesting the Global Risk Report from the World Economic Forum, released last month, which casts global sentiment as trepidatious in the face of “geopolitical and geo-economic uncertainties” (for example, mounting concerns related to COVID-19). Largely the report’s findings have been consistent with some of the sentiments we captured in our forthcoming AFIRE Annual Investor Survey Report, and while some express a wait-and-see approach, it can run the risk of missed opportunities for addressing challenges head-on.

Fortunately, new proposals, opinions, and policy options this month from the IRS, OECD, the Department of Treasury, China’s Ministry of Finance, California Consumer Privacy Act, and others, provide clarification (or context) for charting a path forward for your clients, organizations, and investors – even amidst uncertainty.

Want to include your updates for the next briefing? Let us know.

Links: 8 | Words: 409 | Read Time: 3 minutes

Final and Proposed BEAT Regulations

PwC: “Treasury and the IRS […] released 343 pages of Final Regulations and 59 pages of Proposed Regulations for the Base Erosion and Anti-Abuse Tax (BEAT) requiring certain corporations to pay a minimum tax on taxable income as computed without certain deductions for certain payments to foreign related parties.” READ MORE.

OECD: Transfer Pricing Guidance on Financial Transactions

Organisation for Economic Cooperation and Development (OECD): “The guidance contained in this report […] is significant because it is the first time the Guidelines will be updated to include guidance on the transfer pricing aspects of financial transactions, which should contribute to consistency in the application of transfer pricing and help avoid transfer pricing disputes and double taxation.” READ MORE (PDF).

China: Coronavirus Tax Challenges & Policy Options

KPMG Tax: “China’s Ministry of Finance (MOF), General Administration of Customs (GAC) and State Taxation Administration (STA) jointly issued Announcement 6, and STA issued Circular 19. These guidance items set out preferential measures to support enterprises and citizens to fight against the [coronavirus] outbreak.” READ MORE.

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Better Data Management in the Age of Privacy Concerns

Mortgage Professional America: “One of the new rights that consumers in California now via the California Consumer Privacy Act (CCPA) have is the Right to be Forgotten […]. Should consumers choose to exercise this right, they could have a negative impact on the way originators are able to keep track of their clients.” READ MORE.

New Decade, New CFIUS

Stroock: “The Department of the Treasury has published its final rules implementing FIRRMA, significantly expanding the reach of the Committee on Foreign Investment in the United States (CFIUS). Formal implementation of these rules will have a significant and immediate effect for foreign investors in the United States.” READ MORE.

Section 45Q Guidance Released

Eversheds Sutherland: “The IRS and the Treasury released the first two pieces of guidance regarding the I.R.C. section 45Q carbon capture and sequestration credit to implement changes made by the Bipartisan Budget Act of 2018.” READ MORE.

Global Investment and Innovation Incentives Updates

Deloitte Tax: Updates on the latest global developments in research and development (R&D) credits, grants, and other incentive arrangements, including news from the Czech Republic, Germany, Greece, Indonesia, Poland, and Portugal. READ MORE.

Practical Guide for Grading MNE’s Transfer Pricing Function

International Tax Review: “See how your company scores on [this] 10-minute MNE transfer pricing function quality assessment test. Then, consider enhancing your MNE’s transfer pricing function in light of any identified risks.” READ MORE.

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