USCIB Tax Committee Positioning:
- USCIB’s Tax Committee specializes in multi-sector international tax policy engagement before US and foreign governments, international organizations, and other tax policy influencing bodies, such as the European Commission, the United Nations, and the OECD. USCIB is the unique US affiliate of the two leading multilateral international tax policy making institutions, the Business and Advisory Council to the OECD (BIAC) and the International Chamber of Commerce (ICC). USCIB enjoys ICC’s permanent observer status at the United Nations which includes certain meetings of the UN Committee of Tax Experts, and the UN Framework Convention on International Tax Cooperation.
- USCIB contributes leadership and engagement to the respective BIAC and ICC tax committees. Members of the USCIB tax committee work directly with business leaders across the globe to extend the reach of our influence on policymakers in international markets that are important to US business.
Trends and Challenges Facing US Business:
- Layers of overlapping tax rules in multijurisdictional business models, often overburdening the same revenue stream and thus increasing the risk of double taxation for business.
- Proliferation of digital services taxes and similar extraterritorial measures targeted at digital companies in a discriminatory way against US businesses.
- The increasing trend of greater gross revenue basis taxation and similar proposals increase the risk of double taxation and make US businesses less competitive.
- Global tax legislation initiatives which have inherent flaws in design, adoption and implementation across too many (or too few) jurisdictions.
- Loss of priority in the policymaking institutions for growth-driving tax policy, rulemaking, and compliance requirements.
USCIB’s Rick Minor opening the 2023 Tax Conference
OECD’s Manal Corwin speaks at the 2023 Tax Conference
2023 OECD USCIB International Tax Conference participants
Recent Accomplishments:
- Submitted a USCIB letter to the US Treasury on Proposed Regulations Addressing the Sourcing of Income from Cloud Transactions
- Submitted a USCIB consultation letter to the US Treasury on the Amount A MLC
- Submitted a USCIB letter to Canadian Finance Minister Chrystia Freeland on the Canadian DST position
- Submitted a USCIB letter to the OECD CTPA on Multilateral Commitment to Tax Stability
- Submitted a USCIB consultation letter to the Australian Treasury on the “Public Country-by-Country Reporting”
- Submitted a USCIB consultation letter to the OECD on Pillar One – Amount B
- Submitted a USCIB consultation letter to the OECD on Multilateral Convention Provisions on Digital Services Taxes and other Relevant Similar Measures
- Submitted a USCIB consultation letter to the OECD on Pillar One – Tax Certainty for Issues Related to Amount A
- Submitted a USCIB MDSH design letter to the Treasury
- Submitted a USCIB consultation letter to the OECD on the Extractives Exclusion rules.
- Submitted a USCIB letter for the European Commission VAT in the Digital Age consultation.
- Submitted a USCIB letter on Amount B – M&D functions lists to U.S. Treasury.
- Submitted a USCIB letter on the OECD Public Consultation Document “Pillar One – Amount A: Draft Model Rules for Domestic Legislation on Scope”.
- Submitted a second USCIB letter expressing significant concerns with the final foreign tax credit regulations (T.D. 9959, 87 Fed. Reg. 276).
- Submitted a USCIB letter on the OECD Public Consultation Document “Pillar One – Amount A: Draft Model Rules for Tax Base Determinations”.
- Signed onto a trade association letter to Congressional leaders regarding the deduction of business’ R&D expenses.
- Submitted a USCIB letter to Treasury expressing significant concerns with the final foreign tax credit regulations (T.D. 9959, 87 Fed. Reg. 276).
- Submitted a USCIB letter on Extra-territorial Taxation of Income from the Licensing and Sale of Intellectual Property Registered in Germany (§ 49 EStG).
- Submitted a USCIB letter to Treasury on the design of the proposed marketing and distribution safe harbor (“MDSH”).
- Submitted USCIB comments on the OECD Public Consultation Document “Pillar One – Amount A: Draft Model Rules for Nexus and Revenue Sourcing.
- Submitted USCIB comments on the draft agenda for 23rd Session of the Committee of Experts on International Cooperation in Tax Matters.
- Signed onto a trade association letter in opposition to H.R. 3007, the “Disclosure of Tax Havens and Offshoring Act.
- Submitted USCIB comments on the Inception Impact Assessment for the VAT rules for Financial and Insurance Services.
- Submitted USCIB comments on the discussion draft on the inclusion of software payments in the definition of royalties.
- Submitted USCIB comments on the Inception Impact Assessment on the EU Digital Levy.
- Submitted USCIB comments related to 2020 Proposed Guidance Related to the Foreign Tax Credit; Clarification of Foreign Derived Intangible Income (IRS REG-101657-20).
- Submitted USCIB comments on the OECD Public Consultation Document on the Reports on the Pillar One and Pillar Two Blueprints.
- Submitted USCIB comments related to 2020 Proposed Regulations under Sections 958(b) and 954(c)(6) (REG-110059-20).
- Submitted USCIB comments related to 2020 Proposed Regulations under Section 163(j) (REG-101911-
18). - Submitted USCIB comments to the OECD regarding their upcoming guidance on the application of the OECD Transfer Pricing Guidelines in light of the COVID-19 crisis.
- Submitted USCIB comments to the UN on their discussion draft on the inclusion of software in the definition of royalties.
- Submitted USCIB comments to on the proposed regulations (IRS REG-127732-19) under section 954(b)(4) regarding income subject to a high rate of foreign tax.
- Submitted USCIB comments to the UN on their draft of Article 12B covering the taxation of automated digital services.
- Submitted USCIB comments to the UN on the proposals concerning modifications to Article 13 and its commentary, including the proposals on Offshore Indirect Transfers (OIT).
- Submitted USCIB comments on the 301 investigation of the Digital Services Taxes.
- Submitted USCIB comments to the OECD’s Forum on Tax Administration (FTA) on how to support tax administrations during the COVID-19 pandemic.
- Submitted USCIB comments on the UN’s draft paper on software royalties.
- Submitted USCIB comments on the proposed regulations (IRS REG-106013-19) regarding guidance related to certain hybrid arrangements and conduit financing arrangements.
- Submitted USCIB comments on the Inclusive Framework’s Public Consultation Document on the Model Rules for Reporting by Platform Operators with respect to Sellers in the Sharing and Gig Economy.
- Submitted a letter to Secretary Mnuchin that highlights high-level international tax policy concerns that have arisen as a result of the global pandemic.
- Submitted USCIB comments on the OECD’s Public Consultation Document: Review of Country-by-Country Reporting (BEPS Action 13).
- Submitted USCIB comments on the IRS proposed regulations regarding guidance related to the foreign tax credit and related provisions (REG-105495-19).
- Submitted USCIB comments on the IRS proposed regulations regarding guidance related to the Base Erosion and Anti-Abuse Tax (“BEAT”) under section 59A (REG-112607-19).
- Submitted USCIB comments to USTR on the Section 301 Investigation of France’s Digital Services Tax.
- Submitted USCIB comments on the OECD Public Consultation Document on Global Anti-Base Erosion Proposal (“GloBE”) Pillar Two.
- Submitted USCIB comments to the UN Committee of Tax Experts on the issue of the taxation of software royalties.
- Submitted USCIB comments on the IRS proposed regulations regarding the classification of cloud transactions and transactions involving digital content.
- Submitted USCIB comments on the OECD Secretariat’s Proposal for a “Unified Approach” under Pillar One.
- Submitted comments on the Platform for Collaboration on Tax’s Toolkit on Transfer Pricing Documentation.
- Submitted a letter to Secretary Mnuchin urging Treasury to remain committed to the OECD process to reform the international tax rules as part of the effort to address the tax challenges of thedigitalizing economy.
- Submitted comments to the IRS on the proposed regulations regarding guidance related to rules for determining stock ownership and Global Intangible Low-Taxed Income or “GILTI” under section 951A (IRS REG-101828-19).
- Submitted comments to the IRS on the proposed and temporary regulations regarding guidance related to rules regarding the limitation on deduction for dividends received from certain foreign corporations and amounts eligible for section 954 look-through exception (IRS REG-106282-18)
- Submitted comments to USTR on the Section 301 Investigation of France’s Digital Services Tax.
- Submitted a USCIB comment letter on New Zealand’s options for taxing the digital economy
- Submitted a USCIB comment letter on the update of the UN Practical Manual on Transfer Pricing for Developing Countries.
- Submitted USCIB comments on the proposed regulations regarding the deduction for foreign-derived intangible income (“FDII”) and global intangible low-taxed income (GILTI”) (IRS REG-104464-18).
- Submitted a comment letter on the OECD’s Public Consultation Document on Addressing the Tax Challenges of the Digitalisation of the Economy.
- Submitted a comment letter on the UK Treasury’s consultation document concerning digital services.
- Submitted a comment letter on the proposed regulations regarding guidance related to rules regarding certain hybrid arrangements under sections 245A(e) and 267A (REG-104352-18)
- Submitted a comment letter on the proposed regulations regarding guidance related to the limitation on deduction for business interest expense under section 163(j) (REG-106089-18)
- Submitted a comment letter on the proposed regulations regarding guidance related to the Base Erosion and Anti-Abuse Tax (“BEAT”) under section 59A (REG-104259-18).
- Submitted a comment letter on the proposed regulations regarding guidance related to the foreign tax credit.
- Submitted a comment letter on the proposed regulations regarding guidance related to Global Intangible Low-Taxed Income or “GILTI” under section 951A (REG-104390-18).
- Submitted a comment letter on the proposed regulations regarding the transition tax under Section 965 (REG-104226-18).
- Submitted a comment letter on the Platform for Collaboration on Tax’s revised toolkit on Offshore Indirect Transfers.
- Submitted a comment letter on the OECD Discussion Draft on BEPS Actions 8 -10 – Financial Transactions (“Discussion Draft”).
- Submitted a letter providing input regarding the direction of the UN’s subcommittee on Transfer Pricing for its work during the current term of the committee.
- Submitted a comment letter to Senators Portman and Cardin on their proposed “Protecting Taxpayers Act”.
- Submitted a comment letter to the European Commission in response to the recent issuance of two digital directives.
- Submitted a comment letter on HM Treasury’s position paper on Royalties Withholding Tax.
- Submitted a comment letter on HM Treasury’s position paper on corporate tax and the digital economy.
- Submitted a comment letter to the Treasury concerning the implementation of the new section 965.
- Submitted a comment letter on the Platform for Collaboration on Tax’s draft toolkit on the taxation of offshore indirect transfers of assets.
- Submitted a comment letter on the OECD’s request for input on work regarding the tax challenges of the digitalized economy.
- Submitted a comment letter on the OECD Discussion Draft on BEPS Action 10 – Revised Guidance on Profit Splits.
- Submitted a comment letter on the OECD Discussion Draft on BEPS Action 7 – Additional Guidance on the Attribution of Profits to Permanent Establishments.
- Submitted a comment letter on the proposed changes to OECD Model Income Tax Treaty and Commentary.
- Submitted a comment letter on a note by the UN Secretariat on certain procedural issues relating to the functioning of the Committee of Experts on International Cooperation in Tax Matters.
- Submitted a comment letter on the Platform for Collaboration on Tax’s Discussion Draft: A Toolkit for Addressing Difficulties in Accessing Comparables Data for Transfer Pricing Analysis.
- Submitted a comment letter to the UN on a draft report from the Subcommittee on Royalties (the Subcommittee) concerning the taxation of royalties.
- Submitted a comment letter on the OECD’s Discussion Draft on BEPS Action 2 – Branch Mismatch Structures.
- Submitted a comment letter on the OECD’s Discussion Draft on BEPS Action 4 – Approaches to Address BEPS Involving Interest in the Banking and Insurance Sectors.
- Submitted a comment letter on the OECD’s Discussion Draft on BEPS Action 7 – Additional Guidance on the Attribution of Profits to Permanent Establishments.
- Submitted a comment letter on the OECD’s Discussion Draft on BEPS Actions 8-10 – Revised Guidance on Profits Splits.
- Submitted a comment letter on the OECD’s Discussion Draft on BEPS Action 4 – On Elements of the Design and Operation of the Group Ratio Rule.
- Submitted a USCIB response to the OECD’s request for comments on specific technical issues on implementation and on issues related to the development of the MAP arbitration provision, described in the Public Discussion Draft on Development of a Multilateral Instrument (“MLI”) to Implement the Tax Treaty related BEPS Measures (the “Discussion Draft”).
- Submitted a USCIB Response to the OECD’s Discussion Draft on Treaty Entitlement of Non-CIV Funds.
- Submitted a letter on the IRS’s proposed regulations on Country-by-Country Reporting.
- Submitted identical letters to the U.S. Treasury and the OECD expressing support for mandatory binding arbitration.
- Submitted a letter on the proposed changes to the U.S. Model Income Tax Treaty to the U.S. Treasury.
- Submitted a USCIB Response to the OECD’s Discussion Draft on BEPS Action 8: Hard-to-Value Intangibles.
- Submitted a USCIB Response to the OECD’s Revised Discussion Draft on BEPS Action 6: Preventing Treaty Abuse.
- Submitted a USCIB Response to the OECD’s Revised Discussion Draft on BEPS Action 7: Preventing the Artificial Avoidance of PE Status.
- Submitted a USCIB Response to the OECD’s Discussion Draft on BEPS Actions 8: Revisions to Chapter VIII of the Transfer Pricing Guidelines on Cost Contribution Arrangements (CCAs).
- Submitted a USCIB Response to the OECD’s discussion draft on BEPS Action 3: Strengthening CFC Rules.
- Submitted a USCIB Response to the OECD’s Discussion Draft on BEPS Action 12: Mandatory Disclosure Rules.
- Submitted a USCIB Response to the OECD’s Discussion Draft on the B2C VAT Guidelines.
- Submitted a USCIB Response to the OECD’s Discussion Draft on BEPS Action 4: Interest Deductions and Other Financial Payments.
- Submitted a USCIB Response to the OECD’s Discussion Draft on BEPS Actions 8, 9, and 10: Discussion Draft on Revisions to Chapter 1 of the Transfer Pricing Guidelines (Including Risk, Recharacterisation and Special Measures).
- Submitted a USCIB Response to the OECD’s Discussion Draft on BEPS Action 10: Discussion Draft on the use of Profit Splits in the Context of Global Value Chains.
- Submitted a USCIB Response to the OECD’s Discussion Draft on BEPS Action 14: Make Dispute Resolution Mechanisms More Effective.
- Submitted a USCIB Response to the OECD’s Discussion Draft on Follow Up Work on BEPS Action 6: Preventing Treaty Abuse
- Submitted a USCIB Response to the OECD’s Discussion Draft on BEPS Action 7: OECD Discussion Draft on BEPS Action 7: Prevent the Artificial Avoidance of PE Status.
- Submitted a USCIB Response to the OECD’s Discussion Draft on BEPS Action 10: Proposed Modifications to Chapter VII of the Transfer Pricing Guidelines Relating to Low Value-Adding Intra-Group Services.
- Submitted a USCIB letter concerning the proposed modifications to the UN Commentary on Article 9.
- Submitted a USCIB Response to the OECD Discussion Draft on BEPS Action 11: Establish methodologies to collect and analyze data on BEPS and the actions to address it.
- Submitted a USCIB Response to the OECD Discussion Draft on BEPS Action 2: Neutralising the Effects of Hybrid Mismatch Arrangements (Domestic Rules).
- Submitted a USCIB Response to the OECD Discussion Draft on BEPS Action 2: Neutralise the Effects of Hybrid Mismatch Arrangements (Treaty Issues).
- Submitted a USCIB Response to the OECD’s Discussion Draft on the Tax Challenges of the Digital Economy.
- Submitted a USCIB letter on the OECD Paper on Transfer Pricing Comparability Data and Developing Countries.
- Submitted a USCIB letter on the OECD Discussion Draft on BEPS Action 6: Preventing the Granting of Treaty Benefits.
- Submitted a USCIB letter to the UN concerning the planned revisions to the UN Transfer Pricing Manual.
- Submitted USCIB Comments on the OECD Discussion Draft on Transfer Pricing Documentation and Country-by Country Reporting and the annexes.
- Submitted preliminary USCIB comments on several of the action items included in the OECD Action Plan on BEPS (Base Erosion and Profit Shifting) including comments on:
- Action Item 1 on digital economies (including an appendix)
- Action Item 2 on hybrid mismatches
- Action Item 4 on interest deductions
- Action Item 6 on prevention of treaty abuse & Action Item 7 on the prevention of the artificial avoidance of permanent establishment (PE) status
- Action Item 9 on risks and capital – as it relates to assuring that transfer pricing outcomes are in line with value creation.
USCIB’s Response:
- Build consensus with likeminded industry peers and organize on- and off-the-record briefings with policymakers both in the US and abroad.
- Advise the OECD on the development and design of international taxation principles.
- Proactively shape the development of the OECD’s guidance on the taxation of the digital economy and as proposed in Pillar One by demonstrating to policymakers that unilateral action can result in double taxation, stifle trade, and reduced growth globally.
- Actively monitor and comment on the work of the UN on the new Framework Convention on International Tax Cooperation and its early protocols and in the Committee of Tax Experts.
- Support enactment of foreign tax simplification provisions in the Internal Revenue Code that would significantly reduce the burden of complexity for U.S. companies and enhance their international competitiveness.
- Organize the annual OECD-USCIB conference in Washington, DC for the unique opportunity for the US business community to interact with US Treasury officials, key leadership and representatives from the OECD Center for Tax Policy and Administration (CTPA) and tax officials from key foreign jurisdictions.
USCIB on LinkedIn
Chair
John A. Stowell
Head of Global Tax and International Financial Reporting
The Walt Disney Company
Vice Chairs
Jocelyn Krabbenschmidt
International Tax Director
Apple Inc.
Carolina Perez-Lopez
VP Global Tax Planning and Tax Counsel
Johnson & Johnson
Tom Roesser
Senior Director, Tax Affairs
Microsoft Corporation
Vice Chairs
Erik Rosenfeld
VP Taxes, North America
Procter & Gamble
Daniel Smith
Director, International Tax Planning & Policy
Google Inc.
Lennaert ten Cate
SVP Tax
PepsiCo Inc.
Wendy Unglaub
VP, Chief Tax Officer, and Principal Tax Counsel
General Mills
Vice Chairs
Jason Weinstein
Vice President, Tax, North America
Amazon
Chad J. Withers
Chief Tax Officer
Caterpillar Inc.
USCIB Leadership
Rick Minor
Senior Vice President and International Tax Counsel
USCIB
