Friday, August 26, 2016

New article posted on SSRN!

Two days ago, the U.S. Treasury Department published a White Paper, entitled "The European Commission's Recent State Aid Investigations of Transfer Pricing Rulings."

As I was already geared up on the issue, I have now posted a 29-page response to the White Paper.  It's available here.

The title of my paper is: "Friends Without Benefits?  The U.S. Treasury White Paper on the EU State Aid Cases."

The paper's abstract is as follows:

On August 24, 2016, the U.S. Treasury Department issued a White Paper condemning recent “state aid” investigations by the European Commission, pertaining to advance transfer pricing rulings that particular EU countries had issued with respect to U.S. and other corporate taxpayers.  The White Paper represents a good-faith effort to advance the interests of the American people, which after all is the Treasury’s job in the international arena.  However its arguments, when evaluated from a neutral perspective rather than a self-interested one, are generally unpersuasive.  Moreover, the underlying tactical judgment about where America’s interests lie in responding to the state aid cases, while not clearly wrong, is at least questionable.

UPDATE: I HAVE DELETED THE SSRN POSTING, BECAUSE THE PIECE WILL BE APPEARING IN TAX NOTES ON SEPTEMBER 19.

I will re-post it on SSRN after it appears - I believe the Tax Notes standard is that one can do so two weeks after they have published.

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