Comment Letters

On March 6, 2014, TEI submitted a letter to the European Commission urging the creation of a web portal that would provide a repository for current VAT rules of the EU Member States. This critical tool would greatly assist businesses in their efforts to comply with VAT obligations in the EU.

On March 18, 2014, TEI urged the IRS to withdraw proposed regulations creating an "exception" to the single taxpayer rule under section 41(f)(1) excluding gross receipts received from a controlled foreign corporation for purposes of calculating the traditional incremental research credit.

TEI's comments were prepared under the aegis of its Federal Tax Committee, whose chair is Gary P. Hickman of Oldcastle, Inc. Jeffery P. Rasmussen of the Institute's legal staff coordinated the development of the comments.

On March 10, 2014, TEI submitted comments to the IRS regarding Notice 2013-78, which proposes substantial revisions to Revenue Procedure 2006-54 for requesting assistance from the U.S. competent authority under U.S. tax treaties. TEI’s comments focused on, among other things, the ability of the U.S. competent authority to expand the scope of mutual agreement procedure requests, the interaction between the U.S. competent authority and IRS exam and appeals, and the impact of the proposed revenue procedure on the compulsory payment rule for claiming a foreign tax credit.

On March 10, 2014, TEI submitted comments to the IRS regarding Notice 2013-79, which proposes substantial revisions to Revenue Procedure 2006-9 for requesting advanced pricing agreements (APA) from the IRS. TEI’s comments focused on, among other things, the volume of information required to be submitted to the IRS under the proposed procedure, the pre-filing process, and Institute concerns with the authority of the IRS’s advanced pricing and mutual agreement program to expand the scope of an APA request.

On March 7, 2014, TEI submitted comments to the United Nations regarding the United Nations Practical Manual on Transfer Pricing for Developing Countries.

On February 22, 2014, TEI submitted comments to the OECD recommending substantial changes to the OECD’s revisions to Chapter V of its Transfer Pricing Guidelines included in its Discussion Draft on Transfer Pricing Documentation and CbC Reporting. TEI’s recommendations included, among other things, delaying and substantially revising the proposed Country-by-Country reporting template, balancing tax authorities need for information against the compliance burden on taxpayers, and keeping taxpayer information confidential.

On February 12, 2014, TEI filed a letter urging the British Columbia Ministry of Finance to address issues that would improve the administrability of the provincial sales tax (PST) system, including requesting additional guidance identifying products and services as nontaxable or exempt, and relief from the tax for export sales.

On February 11, 2014, TEI submitted a letter to the Publications Section of Canada Revenue Agency making recommendations for prioritizing the development and publication of folio guidance for Canadian taxpayers and tax advisers. The folios supplant technical interpretation bulletins previously published by CRA.

On January 17, 2014, TEI submitted a letter in support of Alabama legislation (SB 74) that would establish a pre-payment, independent tribunal to hear appeals of tax assessments and other matters administered by the Alabama Department of Revenue, as well as certain taxes levied by or on behalf of counties and municipalities. TEI has long supported independent state tax tribunals, and the ABA Model Act is consistent with the Institute's Policy Statement on Independent State Tax Tribunals.

On December 16, 2013, TEI submitted comments to the Department of Finance, Canada, in respect of its consultation on treaty shopping.  The comments were prepared under the aegis of the Institute’s Canadian Income Tax Committee, whose chair is Bonnie Dawe of Finning Corporation.

Others contributing to the submission in addition to Ms. Dawe were: Carmine A. Arcari of Royal Bank of Canada, Lynn Moen of Walton International Group, Inc., and Jason Vincze of GE Canada.  Jeffery P. Rasmussen of TEI’s legal staff coordinated the preparation of the comments.