Category Archives: International – Treaties

The Supreme Court, Federal Taxation and the Constitution

Written by and
In my recently published book, The Supreme Court, Federal Taxation and the Constitution, I review several constitutional issues that could impact the coming consideration of broad scale tax reform in Congress. It is likely that Congress will be more attentive to possible constitutional issues than it was when it enacted the health care tax provisions in 2010. The failure to clearly label that tax as a tax fueled multiple lawsuits against the tax that ultimately had to be decided by the Supreme Court in a surprising split decision in which Chief Justice Roberts wound up siding with the supporters [...]Read more

International Update: FATCA, FBAR, Voluntary Disclosure

Written by and
To provide guidance to those subject to FATCA, the IRS issued Notice 2010-60 on August 27, 2010 (the “2010 Notice”), and Notice 2011-34 on April 8, 2011 (the “2011 Notice”).  The 2010 Notice provided general information about FATCA and the 2011 Notice provided more detailed guidance, including information on the concepts of “pass-thru payments” and “deemed-compliant FFIs.”  In recent weeks, IRS officials have attended various meetings of tax professionals to provide more insight about FATCA and to defend the new withholding regime as an [...]Read more