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Special Reports

David P. Hariton analyzes the ambiguities in the base erosion and antiabuse tax statute and explains how Treasury could resolve them.
Oliver R. Hoor analyzes the scope and mechanics of Luxembourg’s new controlled foreign company rules and considers issues inherent in the rules, such as the overlap with transfer pricing rules and the risk of double taxation.
In this installment of The SALT Box, Bland discusses the open records laws established by the federal government, 50 states, and District of Columbia. Transparent governments are critical in building the public’s trust in government and keeping taxpayers informed of tax agency interpretations of the revenue laws, Bland writes. However, Kentucky’s tax agency has clouded the spirit of government transparency by shielding the agency’s records from public disclosure through legislation, which Bland finds a dubious move that will alienate taxpayers them from the democratic process.
Jasper L. “Jack” Cummings, Jr., expands on an earlier report on the Administrative Procedure Act and Chevron deference as applied to tax regulations by focusing on the proposed base erosion and antiabuse regulations.
Ilaria Palieri examines the issue of fiscal state aid, considering the recent cases that the European Commission has brought involving tax rulings for multinational enterprises in light of the existing case law from the Court of Justice of the European Union, and suggests that MNEs pay close attention to the topic, especially the questions of advantage and selectivity, noting the importance of determining a reference system and identifying the objective of that system in a proper state aid analysis.
Congress inserted several provisions into the Tax Cuts and Jobs Act, arguably intended to address corporate arrangements when federal taxable income (on which the state relies) is disconnected from profitability, perhaps most significantly a tax on global intangible low-taxed income.  In this edition of Board Briefs, I asked State Tax Notes board members to weigh in on whether states should embrace GITI.