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Interaction between Directives and Tax Treaties: Three Case Studies

In this article from the Bulletin for International Taxation, the author Dr. T.M. Vergouwen leverages the groundbreaking insights from his award-winning doctoral thesis, The Effect of Directives in the Area of Direct Taxation on the Interpretation and Application of Tax Treaties. Honored with the prestigious International Fiscal Association’s 2024 Mitchell B. Carroll Prize, the thesis’ findings are applied to three compelling case studies, each highlighting conflicts between directives and tax treaties.

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Our renowned articles provide readers with information on important international tax developments and offer the most extensive coverage in the tax community in terms of countries, topics and authors.

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Talking Points

Talking Points provide you with market-leading commentary and analysis on the latest and hottest developments in international taxation. 

The articles showcase thought leadership from around the world on key developments, news items and other important international tax topics. You will benefit from valuable insights, reasoning, opinions and viewpoints putting tax developments in perspective from some of the most prominent leaders in international taxation.

To view one of IBFD's free Talking Points papers on the IBFD Tax Research Platform (TRP), click on the links below.

Latest Free Talking Points

 

United States - Is Big Tech About to Take a Bigger Bite Out of US Tax Revenue?

The US Congress will soon consider whether to extend the tax cuts enacted in the 2017 Tax Cuts & Jobs Act that are set to expire at the end of 2025. One of those expiring tax cuts grants a preferential tax rate for Foreign-Derived Intangible Income (FDII), earned by US multinationals. In this Talking Points, Zorka Milin explains how FDII has enabled Big Tech companies to reap billions of dollars in tax benefits and suggests that the enormous revenue loss to the US Treasury is not worth the benefits that were promised but not realized.

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United Nations/OECD - The New UN Framework Convention: Could ‘Majority Rule’ Doom the Effort to Failure?

Although the United Nations has long played a role in setting international tax policy, since 2013 the OECD has taken center stage in that space as it addresses base erosion and profit shifting in its BEPS Project. This has led many countries in the developing world to seek an alternative forum, the UN, to formulate and adopt international tax policies that address concerns that, they argue, have largely been ignored by the OECD’s Inclusive Framework. In this Talking Points, Lotfi Sellami Khelil examines the UN process and its most recent debate, and wonders whether a solution that relies solely on majority rule could doom the entire effort to failure.

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OECD/International - The Unhelpful Myth of Tax Certainty

One key component of the OECD’s Pillar One proposal to reallocate taxing rights from producer to consumer nations is the promise that businesses and governments affected by this change will be able to achieve something called “tax certainty”. But what exactly is “tax certainty”? In this Talking Points piece, Peter A. Barnes looks at whether it is possible to achieve certainty in any aspect of business, let alone in the complex world of international taxation, and suggests a more productive way forward.

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Ukraine - The Impact of War on Tax Policy – Lessons from Ukraine

Russia’s military invasion of Ukraine has demanded urgent changes to Ukrainian tax policy, resulting in the adoption of over 20 tax-related laws since the war began in February 2022. The parliament has prioritized measures that ease the tax burden on businesses, whose trade has faced unprecedented challenges. Tetyana Zhuravska’s article discusses some of the lessons learned, points out the crucial wartime tax policy developments and comments on further proposals.

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European Union - Will the European Union Fall in Love with DEBRA?

The European Commission has proposed a new directive to more closely equalize the income tax treatment between equity and debt financing for corporations doing business in EU Member States. Carla Valério examines the details of the proposal – with the clever acronym DEBRA – and looks at what it could mean for European corporations and capital markets, if adopted.

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How Will the World Finally COP to the Realities of Pricing Carbon?

Carbon pricing was high on the agenda at last year’s United Nations Climate Change Conference, known as COP26. Rafael Barbosa de Sousa explains what tax professionals need to know about carbon pricing and carbon taxation, and cautions policymakers to carefully consider all the consequences – intended and unintended – before enacting carbon taxes.

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Crossing the Digital Services Tax Divide – But Is It Worth the Journey? by George L. Salis

Despite compelling legal and constitutional barriers to digital services taxes (DSTs) in the United States, more states are moving forward with EU-style DST taxing models in the post-COVID economy. How did we get here, and what do tax professionals need to know about this growing trend?

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IBFD Tax Takes: News & Views

IBFD’s video series Tax Takes: News & Views provides our worldwide tax community with the latest key news and insights. First up will be the week’s top news, selected from IBFD’s market-leading Tax News Service, followed by an interview on a current hot or emerging topic with a leading tax expert.

 

 

 

Episode: Global Tax Reform: Is OECD the Only Game in Town?

 

The views: Is the OECD’s BEPS Project still on course, or has it veered away from its original intent to reduce profit shifting? Michael Devereux (Director, Oxford University Centre for Business Taxation) and Stuart Gibson (Chief Editor, Global News and US, IBFD) discuss alternative approaches to tackle the BEPS Project’s current challenges.

The news: This week’s episode kicks off with news on:

  • Colombian court blocks COVID-19 relief while other countries step up efforts
  • Canada targets online platforms while Estonia shelves its plans
  • Gibraltar starts losing EU tax benefits 

Previous episodes of IBFD Tax Takes: News & Views

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