Cost Sharing and the Acrobatics of Arm’s Length Taxation - Intertax View Cost Sharing and the Acrobatics of Arm’s Length Taxation by - Intertax Cost Sharing and the Acrobatics of Arm’s Length Taxation 38 11

The cost sharing regime of the United States enables multinational enterprises (MNEs) to export US intangible property to low or no tax jurisdictions, essentially tax-free. This is in stark contrast to long-standing US policy and the explicit tax agenda of the Obama administration. Two recent cases have circumvented attempts by the Internal Revenue Service (IRS) to mitigate cost-sharing-based tax avoidance. This article explains the regime and how the insistence of the IRS on arm’s length-based transfer pricing rules contributed to the current non-taxation of foreign income of US MNEs and explores alternative reforms.

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