After initially granting certiorari and hearing oral arguments in In re Grand Jury ─ a matter concerning the application of the attorney-client privilege to dual-purpose communications ─ the United States Supreme Court “dismissed as improvidently granted” the case. Tax practitioners had hoped that a ruling by the Supreme Court would resolve a circuit split regarding the extent to which such communications fall within the ambit of the privilege.
On 15 March the Chancellor, Jeremy Hunt, released his Spring Budget 2023. With the Autumn Statement 2022 having to focus on the need to restore economic stability, in light of the UK political turmoil at that time, this was billed as a Budget for growth, encouraging business investment in the UK. The Government’s stated aim is to create a competitive, pro-business tax regime and the headline announcement – certainly going some way to achieving this – was on capital allowances.
On 9 March 2023, the Biden administration released its revenue proposals for fiscal year 2024, which included several proposals to revise the tax code related to cryptocurrency and other digital assets. The Greenbook contains a number of tax proposals relating to digital assets, which are defined in section 6045(g)(3)(D) as: “any digital representation of value which is recorded on a cryptographically secured distributed ledger or any similar technology as specified by the Secretary.” Some of these proposals were included in the Biden administration budget proposals for fiscal years 2022 and 2023, or in bills introduced in the last session of Congress.
The OECD has provided further updates on its Pillar 2 initiative and some countries have responded with their intention to implement as early as 2024. In this episode, Ciro Meza, Miles Humphrey, and Allen Tan highlight key points of the new guidelines, questions that companies have been raising and how these may affect TMT companies. Since the impact of Pillar 2 will transcend various functions within a business, Baker McKenzie experts will share their insights on how TMT companies should react to these developments and when they should start taking action in light of the implementation timelines that have been announced.
Recent developments across the three branches of government address the tax treatment of syndicated conservation easement transactions. The US Tax Court first held as invalid the notice designating the transactions as listed transactions. The Treasury and IRS then issued modified guidance in the form of proposed regulations, addressing the notice and comment deficiencies cited by the court. Finally, Congress enacted legislation separately addressing issues presented by these transactions.
On 24 February 2023, the Prime Minister and Minister of Finance, YAB Dato’ Seri Anwar Ibrahim re-tabled the Malaysian Budget 2023 themed “Building Malaysia Madani.” The MADANI Budget is focused on addressing the current economic challenges, inspiring confidence with institutional and governance reforms and facilitating social justice by reducing inequality.
The IRS is laying the groundwork for more aggressive and contentious transfer pricing controversies, recently revealing that it will more actively consider applying the economic substance doctrine and related penalties in those cases. It is unclear how the IRS would apply the doctrine to otherwise economically meaningful related party arrangements, but the IRS’s shot across the bow should be taken seriously, and the new approach will likely soon be made manifest at the examination stage.
Download Baker McKenzie’s latest “Doing Business in Mexico” publication, which looks at foreign investment law, competition law, IMMEX, the Maquiladora Program, company law, taxes, international trade, labor law, the environment, intellectual property, and real estate.
Indonesia has been in the headlines with its 2022 G-20 presidency from December 2021 through November 2022. During its presidency, Indonesia was supportive of international community tax initiatives such as carbon tax policies and the global minimum tax. Domestically, the Indonesian government introduced tax reforms to update its tax systems and align its tax policies with international standards. In an article published in Tax Notes International, Baker McKenzie’s Ria Muhariastuti and Harizka Rizal discuss the Indonesian government’s efforts to reform its tax policies to meet international standards.
Budget 2023 focuses on building a more resilient and innovative Singapore. As the country emerges from the Covid-19 pandemic, the nation now contends with inflationary pressures in the midst of global uncertainty. Budget 2023 seeks to provide support to businesses and households to weather the challenges ahead while ensuring that Singapore continues to uphold fiscal prudence.