Review of Changes in International Tax Law for Firms

Most tax professionals would agree:

Keeping up with international tax law changes is incredibly challenging.

But with this comprehensive review, accounting firms can fully understand recent reforms and effectively evaluate their implications.

You'll get an in-depth analysis of major changes like the US Tax Cuts and Jobs Act, EU Anti-Tax Avoidance Directives, and China's international tax reforms. We'll cover key details on deductibility, compliance, planning opportunities, audit risks, and more.

This article provides an in-depth review of recent international tax law changes and how they impact accounting firms. It analyzes key policy shifts in major markets and delivers actionable insights to help firms adapt. The content focuses specifically on reforms relevant for accountants and auditors supporting multinational corporations.

Overview of Major International Tax Reforms

International tax reforms have accelerated in recent years as governments seek to limit profit shifting and tax avoidance. Major changes include:

• The US Tax Cuts and Jobs Act (TCJA), which cut the federal corporate tax rate to 21% and altered deductions and exemptions.
• EU Anti-Tax Avoidance Directives, which strengthen CFC rules, limit interest deductions, increase transparency, and more.
• China's reforms like tougher transfer pricing rules and wider taxing rights over offshore indirect transfers of Chinese assets.

These sweeping reforms usher in new complexity and uncertainty for multinational companies. Accounting firms must stay updated to ensure full compliance and optimize clients' global tax positions.

Analyzing the Impact of the US Tax Cuts and Jobs Act

The TCJA's cut to the statutory federal corporate tax rate from 35% to 21% represented the most drastic change in decades. The law also imposed a territorial tax system, eliminated or capped key deductions, and introduced complex provisions around Global Intangible Low Taxed Income (GILTI) and Foreign Derived Intangible Income (FDII).

For accounting firms, navigating these changes has been tremendously complex. GILTI and BEAT provision calculations involve foreign tax credit analyses while FDII requires parsing out eligible income. Compliance costs have soared, especially for middle market businesses lacking robust international tax departments. Advising clients on restructuring supply chains and IP holdings to maximize deductions has also become a key service area.

Overall, the TCJA created enormous tax planning opportunities - but also pitfalls. Firms must invest heavily in updated TCJA expertise to avoid liability risks and provide clients with optimized global tax strategies.

EU Anti-Tax Avoidance Directives

The EU has taken an aggressive stance against profit shifting and tax avoidance in recent years. Initiatives like the Anti-Tax Avoidance Directive (ATAD) 1 and 2 strengthen CFC rules, limit interest deductions, increase tax transparency, and more.

For accountants, a deep understanding of these rapidly evolving rules is essential. Key action items include:

• Advising multinational clients on compliant financing structures in light of tighter interest deduction limits
• Assessing existing IP holding structures in EU subsidiaries due to tougher CFC rules
• Planning supply chain changes as EU tax transparency increases
• Monitoring clients' EU tax exposures and planning mitigation strategies

Firms able to navigate this complex, shifting landscape can differentiate themselves and deliver additional value. Those lacking EU tax reform expertise risk losing clients or landing them in hot water with tax authorities.

China's International Tax Reforms

China has also taken aim at multinational corporations with sweeping international tax reforms. Major changes include:

• Tougher transfer pricing rules and documentation requirements
• Wider taxing rights over offshore indirect transfers of Chinese assets
• CFC rules to tax Chinese profits parked in offshore affiliates
• Limiting deductions on outbound payments like royalties and service fees

These reforms dramatically widen China's taxing rights over global profits derived from Chinese operations or assets. The complex rules create further compliance burdens and uncertainty for multinational companies.

For accounting firms, advising clients on China tax exposure is now mission critical. Key focus areas include assessing offshore holding structures, gauging CFC rule impacts, and reconfiguring IP licensing arrangements. Firms lacking China tax savvy may quickly find themselves outmatched by the competition.

Conclusion

International tax reforms are accelerating globally, ushering in new complexity for multinational corporations. Accounting firms must invest heavily in updated expertise across major markets like the US, EU, and China to avoid liability risks. They must also retool services to help clients comply with fast-evolving rules while optimizing global tax positions. Firms that embrace reform complexity will gain a competitive edge - those that don't risk falling behind.

What are three significant changes to the current Internal Revenue Code from the Tax Cuts and Jobs Act of 2017?

The Tax Cuts and Jobs Act (TCJA) of 2017 introduced sweeping reforms to the US tax code. Here are three of the most significant changes accounting firms should be aware of:

Reduced Corporate Tax Rate

One of the hallmarks of the TCJA was the reduction of the top marginal corporate tax rate from 35% to 21%. This greatly reduced the tax burden on most corporations while also incentivizing firms to shift foreign profits back to the US. However, the lowered rate is temporary and will expire after 2025 if not made permanent by Congress.

Increased Standard Deduction

The TCJA nearly doubled standard deduction amounts for individual filers. For single taxpayers, the standard deduction increased from $6,500 to $12,000. For married joint filers, it rose from $13,000 to $24,000. This change reduces taxable income for many Americans, but also decreases incentives to itemize deductions.

Raised Estate Tax Exemption

Under the TCJA, the estate tax exemption doubled from $5.5 million to $11 million for individuals, and $11 million to $22 million for married couples. This shields more high-net-worth estates from exposure to the 40% estate tax. However, like the corporate tax cuts, this provision sunsets in 2025.

The effects of these reforms are complex and still emerging. Accounting professionals can provide essential guidance to businesses and individuals navigating the new tax code landscape. Firms should closely track ongoing policy developments and tax planning strategies under the TCJA changes.

What is the primary purpose of international tax treaties?

International tax treaties serve several key purposes aimed at facilitating cross-border business and preventing double taxation. Some of the primary goals include:

• Eliminating double taxation: Tax treaties provide guidance on which country has the right to tax different types of income, preventing the same income from being taxed both in the source country where it originates and the residence country where the taxpayer resides. This eliminates a major barrier to international trade and investment.
• Preventing tax evasion: Treaties contain provisions for the exchange of information between tax authorities. This helps ensure transparency and prevent tax evasion across borders.
• Encouraging foreign investment: By reducing withholding taxes and removing double taxation, treaties make it more appealing for businesses to invest overseas. This stimulates economic growth.
• Resolving disputes: Treaties contain mutual agreement procedures aimed at resolving disputes when double taxation occurs, providing an administrative solution without requiring formal legal proceedings.

In summary, the overarching purpose is to facilitate cross-border business activity and prevent tax barriers through cooperation between treaty countries. As such, properly leveraging treaty benefits can offer major tax savings and incentives for global business expansion.

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How does TCJA affect the taxation of international transactions?

The Tax Cuts and Jobs Act (TCJA) significantly impacted the taxation of international transactions for US companies. Here are some of the key changes:

Transition from worldwide to quasi-territorial system

The TCJA moved the US from a worldwide tax system towards a territorial system. Under the old rules, US multinationals were taxed on worldwide income. The TCJA exempts foreign dividends received from controlled foreign subsidiaries, ending this worldwide approach.

This shift aims to improve competitiveness of US companies. The participation exemption puts US multinationals on more equal footing with foreign peers when investing abroad.

Introduction of GILTI and BEAT

While exempting foreign dividends, the TCJA introduced new anti-abuse measures:

• Global Intangible Low-Taxed Income (GILTI) - taxes income earned by foreign affiliates above a 10% return on tangible assets. This discourages shifting IP offshore to avoid US tax.
• Base Erosion Anti-Abuse Tax (BEAT) - levied on deductible payments from the US to foreign affiliates, limiting erosion of the US tax base.

These provisions offset potential abuses enabled by the dividend exemption system.

Changed treatment of foreign tax credits

Under prior law, foreign tax credits mitigated double taxation for US companies. The TCJA made calculating these credits more complex with the new GILTI and FDII regimes.

The impact on international transactions is profound, with US multinationals still deciphering optimal structures given the new rules. Careful tax planning is essential to minimize overall tax burdens.

How did the 2017 Tax Cuts and Jobs Act change the game when it comes to itemizing deductions for most Americans?

The Tax Cuts and Jobs Act (TCJA) made significant changes to itemized deductions that have impacted many taxpayers' ability to itemize. Here are some of the key changes:

• The standard deduction nearly doubled. For single filers, the standard deduction increased from $6,350 to $12,000. For married couples filing jointly, it rose from $12,700 to $24,000. This means fewer taxpayers now have enough deductions to make itemizing worthwhile.
• The state and local tax (SALT) deduction is now capped. Taxpayers can only deduct up to $10,000 in state and local income, sales, and property taxes. This change has made itemizing less beneficial for filers in high-tax states.
• The mortgage interest deduction limit decreased. Taxpayers can now only deduct interest on the first $750,000 of their mortgage debt. Prior to the TCJA, the limit was $1 million. This reduces deductions for homeowners with high-value properties or mortgages.
• Many miscellaneous deductions were eliminated. This includes unreimbursed employee business expenses, tax preparation fees, and more. These were previously popular itemized deductions for some taxpayers.

In summary, while the TCJA did lower tax rates across the board, the changes to standard and itemized deductions have meant fewer filers now find it worthwhile to itemize. This has changed deduction strategies for many Americans. Accounting professionals can help taxpayers understand the implications and navigate the new landscape.

Practical Implications for Accounting Firms

Recent international tax reforms have introduced sweeping changes that bring about new realities for accounting firms worldwide. As trusted advisors to clients navigating complex global tax landscapes, firms must understand the practical implications of these reforms.

More Complex Tax Compliance and Reporting

The reforms usher in more intricate cross-border tax compliance obligations. Many countries have implemented additional reporting requirements around country-by-country reporting, master file documentation, local file documentation, and more. This adds considerably to compliance burdens, as firms must now track finer details of client global operations and gather exhaustive supplemental documentation. Strict penalties apply for non-compliance, bringing elevated risks.

Firms must invest substantially in new compliance protocols and technology infrastructure to gather necessary data. Teams will likely need reorganization to have dedicated international tax compliance staff. Extensive training is imperative to educate current staff and clients on new processes. While representing short-term costs, robust compliance capabilities strengthen client relationships and retention over the long run.

New Tax Planning Opportunities

While bringing new complexities, the reforms also introduce potential tax savings opportunities. As advisors decode legislative fine print, firms may uncover planning avenues to legally minimize client tax liability, such as:

• Reviewing entity structuring and usage of preferential regimes
• Exploring applicability of patent boxes and intellectual property incentives
• Assessing eligibility for R&D credits and government grants
• Modeling tax implications of transfer pricing policies

Firms able to capitalize on planning opportunities demonstrate value and can differentiate themselves competitively. This requires not only expertise but also bespoke modeling tools and analytics. The time is ripe for firms to expand services to encompass more comprehensive global tax strategy and planning for clients.

Greater Tax Audit Risks

The complex shifts inherently bring greater tax authority scrutiny. Stringent country-by-country reporting frequently triggers tax audits, especially when discrepancies appear versus prior filings. Using past data to predict future audit risk is no longer effective, requiring new data-driven risk models.

Firms must implement more robust audit management protocols, such as:

• Proactively assessing high-risk issues in client returns
• Expanding technical documentation of positions
• Drafting customized responses to information requests

Additionally, firms should clearly communicate elevated audit risks to clients, adjust engagement letters accordingly, and ensure adequate audit reserves.

Impact on Talent and Resourcing Needs

The new tax realities inevitably filter down to talent needs. Firms must expand technical bench strength in specialized areas from transfer pricing documentation to permanent establishment risks. This drives recruitment of tax professionals with international experience from Big 4 firms or multinationals.

Equally important is enhancing existing staff skills. Firms must regularly update training programs and certifications to equip personnel with latest global tax expertise. Teams should have access to external tax research databases. Software and tools need continuous upgrades to simplify compliance, harness data insights, and provide robust audit support.

While requiring investment, excellent international tax capabilities strengthen client loyalty, support premium billing rates, and position firms for sustainable long-term growth.

Looking Ahead: Expect Continued Reform

As global tax reforms continue to unfold, accounting firms must stay nimble and informed to support clients navigating this complex landscape.

OECD Pillar 1 and 2

The OECD's historic international tax agreement establishes a global minimum corporate tax rate of 15% under Pillar 2, along with reallocating more taxing rights to "market countries" where goods and services are sold under Pillar 1. These frameworks outline broad principles, with specific implementation details still underway. Firms should closely track these developments to understand impacts like country-by-country reporting requirements, substance carve-out allowances, and IP box regimes.

US Tax Reform 2.0

With Democratic Congressional majorities, the Biden administration may advance additional US tax law changes. Potential reforms around corporate taxes, carried interest loopholes, and individual rates could have significant impacts. Firms should model various reform scenarios to assess client exposures and planning opportunities.

Preparing Accounting Firms for Further Reform

As reforms advance, firms should invest in specialized international tax capabilities and CPA talent versed in complex multijurisdictional issues. Centralizing and formalizing tax specialty groups can help firms capitalize on tax planning and restructuring work amidst reforms. Upgrading technology infrastructure for advanced modeling and analysis will also prove critical. By continually monitoring tax developments and building world-class specialty tax practices, firms can support clients navigating regulatory changes.

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