United States: Transfer Pricing

The OECD's proposed revision of Chapter VII of the Transfer Pricing Guidelines aims to clarify the framework for intra-group services, with the benefit test emerging as the central analytical principle.

The IRS has intensified scrutiny of partnership basis-shifting transactions that manipulate inside and outside basis rules to generate tax savings. While recent regulations were withdrawn under the Trump Administration, the agency maintains its position through Rev. Rul. 2024-14, which identifies three transaction types that fail the economic substance doctrine.

The U.S. Treasury and IRS have issued proposed regulations addressing a new category of income excluded from deduction eligible income under section 250(b)(3)(A)(i)(VII), which was introduced by the One Big Beautiful Bill Act. These regulations clarify how income from sales of intangible property and certain depreciable assets will be treated under the foreign-derived deduction eligible income regime, with significant implications for software transactions and related party transfers.

As artificial intelligence transforms business operations, multinational enterprises face critical questions about where value is created when significant human functions are automated. This analysis examines how the arm's length principle should be applied to controlled transactions involving AI tool development and deployment, with particular focus on risk control functions and the attribution of AI investments across evolving value chains.

Greenberg Traurig shareholder Breen Schiller has submitted formal comments and testimony to Illinois tax authorities regarding proposed amendments to regulations governing addbacks for interest and intangible expenses in transactions with 80/20 companies. The comments address concerns about conduit exception narrowing, limitations on the "unreasonable" standard, and reliance on private letter rulings that may create administrability challenges for Illinois businesses.

Customs valuation determines the value of imported goods for assessing duties and taxes, with tariffs calculated as a percentage of declared entered value. Understanding transaction value methods, assists, royalties, Incoterms, and transfer pricing requirements is critical for multinational companies to avoid costly compliance errors and unexpected tariff liabilities.

The Transfer Pricing (TP) coordination group of the Dutch Tax Authorities (DTA) recently published an internal note, Opzet en aandachtspunten TP‑analyse, explaining how inspectors are expected to prepare...

In 2020, the Government of India (Government) amended its Foreign Direct Investment (FDI) Policy through Press Note 3 (PN3) whereby investments from countries sharing a land border with India...

Our Global Tax Policy and Controversy (TPC) Group at A&M Tax is pleased to present the first edition of the A&M Tax Policy Quarterly Outlook (Q4 2025), providing insights for the period from October to December 2025.