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Basics of International Taxation 2020 New York City


Speaker(s): Caren S. Shein, Caroline H. Ngo, Chadwick P. Rowland, Corey M. Goodman, D. Peter Merkel, Danielle E. Rolfes, David W. Zimmerman, Edward J. Tracy, Jr., Elizabeth J. Stevens, Elizabeth Nelson, Gary Scanlon, James S.H. Null, John D. Bates, John L. Harrington, José E. Murillo, Julia M. Tonkovich, Karen J. Cate, Kimberly T. Majure, L. Ulysses Chatman, Lara A. Banjanin, Ligeia M. Donis, Lorraine S. Rodriguez, Mary D. Roe, Michele J. Alexander, Narendra Acharya, Natalie Punchak, Richard F. Owens, Ryan J. Kelly, Shane M. McCarrick, Steven C. Wrappe
Recorded on: Jul. 21, 2020
PLI Program #: 277253

Danielle co-leads the international tax group within KPMG’s Washington National Tax office. She joined KPMG in 2017, following her tenure as the international tax counsel at the U.S. Department of the Treasury.

Danielle advises clients on U.S. international tax planning, policy, and controversy matters. In particular, she has extensive experience advising on issues related to international tax policy, tax treaties, the character and source of income, subpart F, foreign tax credits, and the regimes for  Global Intangible Low-Taxed Income, the Foreign-Derived Intangible Income, and the Base Erosion Anti-Abuse Tax.

Prior to joining KPMG, Danielle served as an executive in the Treasury Department’s office of tax policy. She joined Treasury as Deputy International Tax Counsel in 2011 and served as the International Tax Counsel from September 2012 through February 2017. As International Tax Counsel, Danielle led Treasury’s international tax legal staff, and was the principal legal adviser to the Assistant Secretary (Tax Policy) and the Deputy Assistant Secretary (International Tax Affairs) on all aspects of international tax policy, including the development and review of proposals for U.S. tax reform, the promulgation of regulations and administrative guidance regarding the U.S. taxation of cross-border income, the negotiation of tax treaties, and representing the United States in international organizations such as the organization of economic cooperation and development.

Danielle is a frequent speaker and writer on a variety of international tax topics. In addition to numerous articles, she is the author of An Analysis of FIN 48 – Accounting for Uncertain Income Tax Positions (Matthew Bender, 3d ed. 2009).


Tax attorney Michele Alexander employs her extensive knowledge and experience to help clients navigate complex tax issues that affect their bottom line. With a focus on private equity and hedge funds and similar investment vehicles, Michele is able to take her clients' multifaceted fund and tax matters, determine the best options and explain the process in an easy-to-understand manner.

Over the course of 25 years, Michele has firmly established herself as an effective and efficient transactional tax lawyer who advises on a wide range of transactions, including mergers and acquisitions, fund formations, capital markets, and securities offerings, financings, joint ventures, and restructurings, with a dedicated focus on their tax implications. 

Michele also advises on real estate investment trusts, including guiding many international clients on inbound U.S. real estate investments. She is a frequent author on tax and other topics of interest to investors.

Clients count on Michele for her meticulousness and responsiveness. Michele's ultimate goal is to propose practical solutions that will help solve her clients' issues.

She has been recognized for her work by being named to the New York Super Lawyers list (2019-2020), in the Euromoney Institutional Investor PLC, the IFLR1000 Financial & Corporate Guide (2019-2020), The Legal 500 United States (2017-2019), and as a Go-To Thought Leader in Tax Law by the National Law Review (2018).

A cum laude graduate of Georgetown University Law Center and a magna cum laude graduate of The College of New Jersey, Michele is admitted to practice in New York and New Jersey.

Michele has served as president of the New York City Tax Club and is a member of the New York State Bar Association Tax Section.


Caren Shein is a managing director in Deloitte’s Washington National Tax Office with over 30 years of international tax experience. Caren advises clients on outbound and inbound international tax planning and compliance issues, including foreign tax credit, subpart F, expense allocation, and permanent establishment.  Her particular areas of expertise are the foreign tax credit and expense allocation, and she regularly writes, speaks and teaches in these areas.

Caren joined Deloitte from the National Office of another Big Four accounting firm, where she worked for 19 years.  Prior to that, Caren was an attorney in the IRS Office of Associate Chief Counsel (International).  Caren began her career as an attorney advisor to the Honorable B. John Williams, Jr. of the United States Tax Court.

Caren holds a B.A. from Yale University, J.D. from the American University, Washington College of Law, and M.L.T. from Georgetown University Law Center.  She is a member of the American Bar Association and the District of Columbia Bar Association.

 


Chadwick Rowland is an Attorney in the Office of Associate Chief Counsel (International), Branch 4.  He specializes in issues generally related to cross-border acquisitions and other restructurings, certain cross-border transactions involving partnerships, and repatriations.  He has been an attorney with Branch 4 since 2018 and served as a summer intern with Branch 4 in 2017. 

Mr. Rowland received his Juris Doctor, magna cum laude, from Georgia State University College of Law and his Bachelor of Arts degree in finance from the University of Alabama.  Mr. Rowland is admitted to the State Bar of Georgia.


Corey Goodman advises clients on federal income tax matters, including the structuring, documentation, and negotiation of a variety of domestic and international transactions, including mergers and acquisitions, joint ventures, spin-offs, bankruptcy reorganizations, refinancings, cross-border and internal restructurings, and securitization transactions.


D. Peter Merkel is the Branch Chief for Branch 5 of the IRS, Office of Associate Chief Counsel (International).  Prior to joining Branch 5, he was an associate at Cadwalader, Wickersham & Taft in Washington, DC, where he focused on cross-border financial products and the tax aspects of investment funds.  Peter earned his B.A. in public policy from Hamilton College, J.D. from American University, and LL.M. from New York University.  After attending NYU, Peter served as law clerk to the Honorable Robert P. Ruwe at the United States Tax Court. 


David Zimmerman has a sophisticated transactional practice involving a wide range of federal income tax matters relating to mergers and acquisitions, spin-offs, dispositions, corporate reorganizations and financings, with a particular emphasis on corporate tax planning and consolidated return matters. He is regularly engaged as special outside tax counsel for complex corporate transactions, many of which have been recognized for their complexity and scope. Mr. Zimmerman also represents a number of privately held corporations, many of which are very significant in size, and he has an active rulings practice. Mr. Zimmerman also assists clients with audits and negotiating settlements at Appeals.

Mr. Zimmerman was a Graduate Editor of the Tax Law Review at New York University Law School and the Managing Editor of the Texas International Law Journal at the University of Texas Law School.

REPRESENTATIVE ENGAGEMENTS

  • Advised an integrated oil and gas company on exchangeable share acquisition of foreign-based target; spin/merger acquisitive transaction of joint venture interest.
  • Advised a Fortune 50 company on several multi-billion dollar dispositions of business units.
  • Advised a food services company on a multi-billion dollar tax-free spin-off and subsequent merger transaction.
  • Advised an oil and gas exploration company on acquisition of shallow water Gulf properties and associated financings.
  • Currently advising and implementing various internal restructurings/spin-off transactions involving domestic and international operations for several major utility companies.
  • Advised multiple clients on arbitration of disputes arising under tax sharing agreements.
  • Represented a foreign-based financial institution before Appeals on application of tax-free reorganization provisions on separation/combination effected under foreign law.

RANKINGS AND RECOGNITION

Chambers USA: Tax (District of Columbia), 2018
Legal 500: Tax: Non-Contentious, 2015 - 2018
Legal 500: Tax: International Tax, 2013 - 2015

AFFILIATIONS

  • Member, Thomson West Tax Advisory Board
  • Member, American Bar Association
  • Member, Affiliated and Related Corporations Taxation Committee, American Bar Association


Edward Tracy has been practicing international tax for over six years in both the public and private sectors. From October 2013 to August 2019, he practiced at PricewaterhouseCoopers, LLP, where he specialized in advising primarily asset managers and private equity funds on international tax considerations of inbound and outbound investments, including with respect to restructuring, mergers and acquisitions, and compliance, among others. After the passage of the Tax Cuts and Jobs Act of 2017, he advised clients on considerations with respect to subpart F (including the section 965 transition tax), global-intangible low-taxed income, base erosion anti-abuse tax, implications of the repeal of section 958(b)(4), and revised compliance and reporting requirements. He joined the Office of Associate Chief Counsel (International) in August 2019. Since then, he has worked on a variety of matters, including litigation, appeals, form drafting and revision, private letter rulings, and various guidance projects (including regulations).


Elizabeth Nelson is a Partner in International Tax Services in the Washington National Tax Services office of PricewaterhouseCoopers LLP. 

Elizabeth primarily specializes in outbound international taxation. 

Elizabeth has a broad background in international tax, however, her areas of expertise include dual consolidated losses, foreign tax credit (FTC) limitation matters and other FTC matters, and gain recognition agreements. 

Elizabeth is a C.P.A. and has a Masters in Taxation from the University of Texas at Austin.


Elizabeth Stevens is a Member at Caplin & Drysdale, where her practice centers on transfer pricing and international tax planning and advocacy for corporate clients. In addition to advising on transfer pricing planning, documentation, and compliance, Ms. Stevens regularly represents companies in the negotiation of Advance Pricing Agreements and in Mutual Agreement Procedure cases. In the broader international tax context, Ms. Stevens assists clients in the structuring of U.S. inbound and outbound investment and business activities and cross-border transactions. She also frequently advises on income tax treaty issues.

A recent focus of Ms. Stevens’ practice has been advice on the implications for particular business models of particular elements of the 2017 U.S. tax reform, including the base erosion and anti-abuse tax (BEAT), the global intangible low-taxed income (GILTI) regime, changes to the foreign tax credit, and the foreign-derived intangible income (FDII) regime.


Gary is a Principal in the International Tax Group within KPMG’s Washington National Tax office.  Gary joined KPMG in August 2019, following his tenure as an attorney-advisor in the Office of the International Tax Counsel at the U.S. Department of the Treasury.

Gary advises clients on U.S. international tax matters, including tax planning with respect to their structures, operations, and transactions.  In particular, he has extensive experience advising on issues relating to disposition and acquisition planning.  More recently, he has focused on helping clients navigate U.S. tax reform, in particular the regimes for Global Intangible Low-Taxed Income (GILTI) and Foreign-Derived Intangible Income (FDII).  In addition to his work at KPMG, Gary teaches a course on Advanced International Taxation for the Graduate Tax Program at Georgetown University.

Prior to joining KPMG, Gary served as an attorney-advisor in the Treasury Department’s Office of Tax Policy from June 2016 until August 2019.  At Treasury, Gary developed and drafted regulations under section 385, regulations implementing the exception for qualified foreign pension funds under the Foreign Investment Real Property Act (FIRPTA), and the notice addressing “Killer B” transactions.  After enactment of the Tax Cuts and Jobs Act (TCJA), Gary also developed and drafted several regulations implementing U.S. tax reform, including regulations implementing the Transition Tax, GILTI, and FDII.  He also represented the United States at the OECD Forum on Harmful Tax Practices (FHTP), including defending the FDII regime at the FHTP.

Prior to joining Treasury, Gary was a senior manager at Ernst & Young, where he advised multinational corporations on international tax planning, with an emphasis on cross-border M&A, repatriation, inversions, post-merger integration, cross-border spins, acquisitions and dispositions, and attribute planning.


James “Jamie” Null is a leading tax lawyer with nearly fifteen years of experience advising on U.S. federal tax matters, including transactional tax issues associated with U.S. inbound and outbound investments, as well as domestic and international tax planning for individual, corporate and partnership transactions. He also advises on private equity investments and structures, and on domestic and cross-border mergers and acquisitions.

Jamie’s diverse practice spans a range of industries, including real estate, entertainment, media, biotechnology, alternative energy, hospitality, transportation and technology. In particular, he has substantial experience with regard to real estate-related transactions, including sophisticated like-kind exchanges involving domestic and foreign interest holders. Jamie also works frequently in the media and entertainment sector, advising U.S. and non-U.S. entertainment clients on the production and talent side on U.S. and international entertainment investments and joint ventures, productions and events. 


John Bates is a Principal in the in the Washington National Tax office and a member of the International Tax Services group. John has a sophisticated and broad-based international tax advisory practice.

He advises clients in many industries on outbound and inbound international tax matters, focusing on planning and transactional matters. Before joining Deloitte, John was a partner in and the leader of the international tax practice of a large law firm.

John is an adjunct professor of international tax at Georgetown University Law Center and regularly speaks on international tax matters.

He received a BA in Mathematics and Economics and a JD from the University of Virginia and an LLM from Georgetown University Law Center.

Mr. Bates is a member of the Illinois Bar Association and the Washington, DC Bar Association.

 

 


John L. Harrington is a co-leader of Dentons’ US and global tax practice.  He advises clients on tax planning, transactional and compliance issues; international tax legislative, regulatory, and treaty matters; and a variety of substantive and legislative domestic tax issues.  In particular, he has extensive experience in dealing with the foreign tax credit, anti-deferral regimes (including Subpart F income), cross-border activities of companies and individuals, and other international tax issues.

Prior to joining Dentons, Mr. Harrington served as International Tax Counsel for the U.S. Department of Treasury.  As International Tax Counsel, he directed and supervised the staff of the Office of the International Tax Counsel which provides legal advice and analysis relating to international tax issues, including legislation, regulations, and treaties. 

At the Treasury Department, he worked closely with the Internal Revenue Service to develop regulations and other administrative guidance.  He also interacted frequently with other Executive Branch officials, especially in the State Department, the Commerce Department, the Office of the U.S. Trade Representative, and the White House.

He represented the Treasury Department before Congress, including testifying at hearings.  He worked regularly with Congressional committees and staff on the international tax aspects of legislation, conducting briefings and participating in the development of legislative proposals.

While at the Treasury Department, Mr. Harrington worked closely with tax officials in other countries.  He represented the United States at tax-related meetings of the Organisation for Economic Cooperation and Development (OECD) and in tax-related trade disputes before the World Trade Organization.

 Before joining the Treasury Department, Mr. Harrington was a tax counsel on the U.S. House Committee on Ways and Means.  On the committee staff, Mr. Harrington was responsible for international, pass-through entities, financial institutions and products, real estate, environment, energy, and other tax issues.


José Murillo assumed his position as Deputy Assistant Secretary, International Tax Affairs, in the U.S. Treasury Department’s Office of Tax Policy on March 1, 2021. In his role as DAS, International Tax Affairs, José provides advice and counsel to the Assistant Secretary (Tax Policy) related to international tax policy and tax treaties.

Prior to assuming his current role, José was a partner and the leader of the international tax and transaction services practice in Ernst & Young LLP’s (EY) National Tax Department based in Washington, D.C.  José’s practice focused primarily on cross-border acquisitions, dispositions, and restructurings, and most recently he led EY’s initiatives around the 2017 Tax Cut and Jobs Act.

Prior to rejoining EY in August 2010, José spent approximately three years with the US Treasury Department’s Office of the International Tax Counsel, where he assisted in the development of international tax policy, Treasury regulations, and in negotiating income tax treaties.

Prior to joining the U.S. Treasury Department in 2007, José was a member of EY international tax services practices in Houston and Washington, DC.

 


Julia Tonkovich is a principal in the Washington, D.C. office of the International Tax and Transaction Services group in EY’s National Tax practice, serving in the Core and Inbound sub-specialty areas.  Prior to rejoining EY in October 2017, Julia was an Attorney-Advisor with the International Tax Counsel’s office in the Treasury Department’s Office of Tax Policy from 2013 - 2017, where she assisted in drafting guidance and formulating policy on various international tax issues, and served as the U.S. delegate to working parties in the OECD and the Global Forum on Transparency and Exchange of Information for Tax Purposes.    

Julia’s practice in the area of inbound taxation includes planning and compliance involving the Tax Cuts and Jobs Act, the Foreign Account Tax Compliance Act, tax treaty qualification, chapters 3 and 4 withholding and information reporting, ruling requests and remediation solutions.   Before joining EY, she had been an instructor at the University of Washington and served on the Washington, DC staff of Senator Max Baucus.  Julia earned her Bachelor of Arts from Stanford University, her Master of Arts from the University of Washington and her JD and LLM from Georgetown University Law Center.


L. Ulysses Chatman is an attorney in the Office of Associate Chief Counsel (International), Branch 4.  He has worked on a wide range of complex international tax matters, including cross-border mergers, acquisitions, and other restructurings, as well as transfer pricing.  Mr. Chatman received his LL.M. in taxation from Georgetown University Law Center (with distinction and dean’s list), a J.D. from University of Maryland School of Law, and a B.B.A. from Loyola University Maryland.


Lara Banjanin is a Senior Counsel in the Office of Associate Chief Counsel (International), Branch 1, located in Washington DC, which has primary subject-matter jurisdiction over legal and interpretive issues involving U.S. income tax treaties, U.S. transfer tax treaties, cross-border pensions and compensation, foreign trusts, international estate and gift tax, expatriation, athletes & entertainers, branch profits tax, withholding, transportation & shipping, and insurance excise taxes. 

Ms. Banjanin focuses on a variety of subject matters including, income tax treaty interpretation, transfer tax treaty interpretation, cross-border compensation and pension issues, cross-border individual issues, foreign trust and estate taxation, and expatriation.  She was an adjunct professor in the Graduate Tax (LL.M.) program at Georgetown University Law Center, teaching a course on U.S. Income Tax Treaties.

Ms. Banjanin joined the Office of Chief Counsel in 2007.  She is a graduate of Seattle University School of Law (magna cum laude) and has an LL.M. in taxation from New York University School of Law. 


Ligeia, a Managing Director in PwC’s Tax Controversy team, part of Washington National Tax Services in Washington, DC, leads the Federal Employment Tax Practice Group.  Ligeia advises and represents clients in IRS audits and IRS Appeals, and assists clients with IRS compliance, dispute resolution, and voluntary disclosures. Ligeia specializes in Affordable Care Act (ACA) and Federal employment tax matters, including worker classification, payroll tax R&D, FMLA and other wage-based credits, 199A wage issues, self-employment tax, employee benefits, expense reimbursement, equity and nonqualified deferred compensation, payroll tax risk exposure analysis and due diligence, wage reporting on US and non-US citizens, tip reporting, and executive compensation.

Prior to joining PwC, Ligeia worked at Treasury’s Office of Tax Policy, Benefits Tax Counsel, and at the IRS Office of Chief Counsel for 10 years, where she helped lead various ACA and Federal employment tax initiatives and helped implement various legislative changes, including drafting and implementing ACA regulations, Federal employment tax regulations, and programs such as the Voluntary Classification Settlement Program, WOTC, and the Form 941-X program.  She managed projects dealing with accountable plans, fringe benefits, international employment tax, self-employment tax, worker classification, and interest-free adjustment and claims processes.

Ligeia received the 2014 Commissioner’s Award as part of ACA Program team and the Abraham N.M. Shashy National Customer Service Award for 2009.  She is also a frequent speaker at professional association meetings, including the American Bar Association.

Ligeia received her JD from the Catholic University of America’s Columbus School of Law and her BA from Duke University.


Lorraine Rodriguez has worked on transfer pricing issues in the Internal Revenue Service’s Office of Chief Counsel since 2018.  She is currently an attorney in the Office of the Associate Chief Counsel (International) (ACCI), Branch 6, a delegate to the OECD’s Working Party 6, and a member of ACCI’s FDII working group.

Prior to joining the IRS, Ms. Rodriguez spent five years in Covington & Burling LLP’s DC office working on a wide range of tax planning and tax controversy matters.  Prior to joining the firm, Ms. Rodriguez clerked for one year for the Honorable Judge Mark V. Holmes on the United States Tax Court.

Ms. Rodriguez holds a law degree with high honors from the University of Chicago in 2012, and a bachelor’s degree in History, magna cum laude, from New York University in 2007.


Molly Roe is the manager of two practice networks within the IRS’s Treaty Assistance and Interpretation Team (TAIT), which are responsible for providing internal guidance and training non-allocation interpretive matters arising under U.S. tax treaties. Since joining TAIT in 2012, Molly has participated in negotiations of bilateral tax treaties and competent authority arrangements, negotiations under the mutual agreement procedure article of U.S. tax treaties, and the IRS’s engagement in Organisation for Economic

Co-operation and Development. Before joining TAIT, Molly performed tax planning for a multinational enterprise and represented the government in the IRS Office of Chief Counsel. She holds degrees from Georgetown University Law Center, the University at Buffalo Law School, and Loyola University.


Narendra Acharya is a partner in the Chicago office of Baker & McKenzie LLP and a member of the Firm's Global Equity Services group.  He focuses his practice on matters relating to US and international employee benefits and executive compensation — including global stock plans and pensions, as well as matters pertaining to pensions, executive compensation and employment issues in mergers and acquisitions. Mr. Acharya has particular expertise dealing with cross-border compensation issues, including issues raised in corporate reorganizations and inversion transactions.  Mr. Acharya has been selected as a BTI Client Service All Star, which recognizes “innovative attorneys who are leveraging market changes to stand out with corporate counsel and deliver superior client service.”

Mr. Acharya assists US and non-US companies – both publicly traded and private – in the design and implementation of employee stock plans. He has extensive experience advising clients on income tax, social security, payroll withholding and reporting, local corporate tax deduction, employment law, securities and other regulatory issues applicable to equity awards in numerous jurisdictions. Mr. Acharya advises companies on the application of deferred compensation rules under Code Sections 409A and 457A, as well as a broad range of tax and compensation issues related to international mobile employees.

Mr. Acharya is a graduate of Cornell Law School and is licensed to practice in the States of New York and Illinois.  In addition, Mr. Acharya is also a Chartered Accountant (Province of Ontario, Canada).


Natalie Punchak is a senior counsel in the Office of Associate Chief Counsel (International), Branch 2, where she works on issues relating to subpart F, GILTI, PFICs, country-by-country reporting, accounting method changes of CFCs, and section 965.  Before joining the government, Ms. Punchak was a tax associate in the Washington, D.C. office of Caplin & Drysdale, Chartered.  She holds a J.D. from the University of Pennsylvania Law School, a certificate in Business Economics from Wharton Business School, a Master of Public Policy from the University of Oxford, and a B.A. from Georgetown University.


Ricky joined Branch 1 of the IRS Office of the Associate Chief Counsel, International in 2016 where he focuses on inbound matters relating to tax treaties, branch profits tax, and hybrid financing.  Prior to joining Chief Counsel, Ricky worked in the International Tax Services group of PwC's Washington National Tax Office where he focused on tax issues related to cross-border restructurings and financial products.  He received his B.S. in Commerce from the University of Virginia, his J.D. from Washington University in St. Louis, and his LL.M. in Taxation from the University of Florida. 


Ryan J. Kelly is a Principal with EY’s International Tax and Transaction Services Group. Ryan practices in transfer pricing, tax dispute resolution, and general tax planning. He focuses on domestic and international tax issues with an emphasis on transfer pricing. Ryan has advised multinational corporations and the U.S. government on complex cross-border transactions, including several litigation matters involving tax disputes that are some of the largest in U.S. history.

Ryan was previously a Partner with Alston & Bird in the firm’s Federal & International Tax Group.  Before joining Alston & Bird, Ryan served as an attorney-adviser in the IRS Office of Associate Chief Counsel (International), branch 6, where he advised examiners, economists, and lawyers with the IRS’s Large Business & International Division on high-stakes international tax issues and transfer pricing. Before serving at the IRS, Ryan was a member of the North American tax practice group of Baker McKenzie. Ryan serves as an adjunct professor of law at the Georgetown University Law Center and is past chair of the Federal Bar Association’s Section on Taxation. He is also a registered U.S. merchant marine officer.

 

Representative Experience

  • Advised the IRS's Large Business & International Division from the examination phase and during litigation in a redetermination action for more than $7b relating to the IRS's asserted transfer pricing adjustments under IRC Section 482. Facebook Inc. & Subsidiaries, U.S. Tax Court, No. 21959-16.
  • Represented the taxpayer from the examination phase to the time of litigation in a redetermination action for more than $3b relating to the IRS's asserted transfer pricing adjustments under IRC Section 482. Amazon.com Inc. & Subsidiaries, U.S. Tax Court, No. 31197-12.
  • Represented the taxpayer from the examination phase through litigation in a redetermination action for more than $600m relating to the IRS's asserted transfer pricing adjustments under IRC Section 482. Medtronic Inc. v. Commissioner, U.S. Tax Court, No. 17488-08.
  • Represented the taxpayer from examination through litigation in a redetermination action for an alleged tax liability of $97m in a transferee liability case. Dorothy R. Diebold v. Commissioner, U.S. Tax Court, No. 24675-07.
  • Represented a multinational corporation as the lead plaintiff in a class action tax refund suit seeking tax refunds of more than $8b for the IRS's collection of communications excise tax. RadioShack Corporation v. United States of America, U.S. Court of Federal Claims, No. 06-28T.
  • Represented a multinational corporation that specializes in semiconductor design with a cost-sharing buy-in issue. The IRS proposed income adjustments of approximately $8.9b under IRC Section 482.
  • Represented a multinational automotive corporation in obtaining a bilateral advance pricing agreement from the IRS to establish the tax treatment of certain intercompany transactions.
  • Represented a multinational heavy equipment manufacturer in obtaining a bilateral and unilateral advance pricing agreement from the IRS to establish the tax treatment of certain intercompany transactions.
  • Represented two multinational corporations with the creation of a global hand and power tool company formed through a joint venture. This venture involved more than 30 tax jurisdictions worldwide.
  • Represented a multinational corporation that specializes in global energy management before the IRS Office of Appeals relating to the IRS's recharacterization of intercompany loans as equity. The IRS asserted income adjustments of nearly $300m that were fully conceded.
  • Advised on dozens of other non-docketed matters involving large multinational corporations in industries such as financial services, retail, health care, mass media, pharmaceuticals, biotechnology, information technology, semiconductors, storage devices, computer hardware, computer and enterprise software, industrial products, building materials, beverages, apparel, and aerospace.

 

Publications & Presentations

Select Publications

  • "Advance Pricing Agreements (APAs)," in Practical Guide to U.S. Transfer Pricing, 3rd ed. & 4th ed., LexisNexis, 2018-2019.
  • "Moving to the BEAT - An Overview of the New Minimum Tax for U.S. Corporations," The Tax Executive, (April 2019 Edition).
  • "Resolving International Tax Disputes: APAs, Mutual Agreement Procedures, and Arbitration." Tax Management International Journal, September 14, 2012.

Select Presentations

  • "New World for Resolving Transfer Pricing Disputes," 2019 FBA Tax Law Conference, Washington, D.C., March 7-8, 2019.
  • "Transfer Pricing," 8th Annual IBA Finance & Capital Markets Tax Conference, London, January 28-29, 2019.
  • "Current Trends in Transfer Pricing Cases." ABA Tax Section 2019 Midyear Tax Meeting, New Orleans, January 17-19, 2019.
  • "The New Paradigm IV - The Base Erosion and Anti-abuse Tax," TEI 2018 73rd Annual Conference, San Diego, CA, October 29-31, 2018.
  • "Current Issues in International Tax Affecting the Insurance Industry," 2018 Licony Tax Conference, New York, New York, October 30, 2018.
  • "Transfer Pricing after Tax Reform: Re-evaluating current policies & implementing a new approach." Thomson Reuters, webinar, September 26, 2018.
  • New Tax Practitioners Lunch Series: Transfer Pricing and Tax Reform, Washington, D.C., May 30, 2018.
  • Presentation of the Federal Bar Association's Kenneth H. Liles Award for Distinguished Service to IRS Commissioner John Koskinen, March 3, 2017.
  • "Cost Sharing Issues in the Corporate Acquisition Context," IRS's Colloquium on International Tax, August 5, 2015.


Shane McCarrick is a Special Counsel in the Office of Associate Chief Counsel (International).  He specializes in the taxation of cross-border mergers, acquisitions, and other restructurings, as well as dual consolidated losses and the hybrid mismatch provisions.  He has been working in ACCI since 2011.  Mr. McCarrick received his Juris Doctor, magna cum laude, from George Mason University School of Law and his Bachelor of Arts degree in economics and political science from Hood College.


Steve is Grant Thornton’s Transfer Pricing Technical Leader in its Washington National Tax Office.

Steve is a globally-recognized transfer pricing expert, with over 25 years of experience in transfer pricing planning, compliance and controversy for large multinational clients. During that time, he has been a Senior Attorney with the IRS Advance Pricing Agreement (APA) Program, a partner with a global law firm, and the transfer pricing controversy practice leader at Big Four Firms.

Steve’s extensive transfer pricing controversy experience covers examinations, Appeals, and alternative dispute resolution, but his main focus has been APAs and the mutual agreement procedure (MAP). With experience in well over 200 APAs and MAP, Steve is the most experienced negotiator of transfer pricing issues at any firm. He has negotiated APAs and MAP agreements across all industries and involving over fifteen countries. Steve also negotiated the first coordinated Customs ruling/bilateral APA.

 

Presentations & publications

Based upon his extensive client experience, Steve has written the leading U.S. transfer pricing treatise withMarc Levey (Baker McKenzie): Transfer Pricing: Rules, Compliance and Controversy, Wolters Kluwer/CCH (5th Ed., 2019); this treatise is used in multiple tax programs.

Steve has written over 100 articles on various transfer pricing topics, including:

  • How Tariffs Affect Transfer Pricing And What Companies Are Doing, 164 Tax Notes Federal 1701 (9/9/19) (with co-author).
  • U.S.-Japan APAs Remain Valuable to Japan-based Multinationals, 27 Transfer Pricing Report, 9/20/18 (with co-authors).
  • It’s the End of the World as We Know it—OECD Looks at Taxing Digital Profits, DTR:Intl. 9/3/2019.
  • It Ain’t Over Till It’s Over: Federal Tax Implications of Implementing a Sustained Transfer Pricing Adjustment, 23 Tax Mgt. Transfer Pricing Special Report, 872, 10/29/14 (with co-authors).

 

Education

New York University School of Law, LL.M.

University of Texas School of Law, J.D.

University of Notre Dame, B.B.A. (Accounting)


Based in the DC office of Washington National Tax, Kim served as KPMG’s Inbound Tax Leader for 4 years and is the Tax Industry Lead for US International Corridors. In this role, she advises clients on inbound and outbound / “sandwich” international tax planning and controversy issues, including BEAT and other Tax Reform issues, cross border payments and withholding, information reporting and transparency issues, and inbound investment planning. Kim has also served as KPMG’s national leader on FATCA for Non-Financial Industries, BEPS Country-by-Country reporting, and Mandatory Disclosure Regimes. Kim currently serves as the Tax Lead for KPMG’s Legal Operations Transformation Services practice in the United States.

Kim was an adjunct professor with the Georgetown University Law Center for 11 years, teaching a mix of international tax classes for Georgetown’s LL.M. program, including an advanced international tax seminar and a cross-border tax controversy workshop. Kim is an instructor for the Practising Law Institute, teaching regular sessions on inbound taxation and BEAT. Kim regularly writes and speaks outside of the academic setting. She is a featured speaker on Tax Reform, Inbound issues, and cross-border information reporting, at the Tax Executives Institute Audit & Appeals Seminar, Annual Conference, Mid-Year Conference, and European workshops (2011 through present). 

Kim is the lead author on an annual periodical, “Select U.S. Federal Income Tax Consequences in European Joint Venture,” for PLI’s Tax Planning for Domestic & Foreign Partnerships, LLCs, Joint Ventures, & Other Strategic Alliances (2006-present).  Kim serves on the GW-IRS International Tax Conference Advisory Board and is a regular moderator and panelist for conference sessions.  A former chair of the ABA Tax Section Committee on Foreign Activities of U.S. Taxpayers, Kim led the Tax Section’s working groups on BEAT, FDII, and Cloud Taxation.

 


Caroline H. Ngo works principally with Fortune 500 companies and is a go-to advisor for some of their most complex tax issues.  She specializes in global tax planning, cross-border mergers and acquisitions, and international tax matters.  Caroline is Co-Leader of McDermott’s International Tax practice.

Caroline is nationally recognized for her deep knowledge of her field and is regularly invited to speak at significant forums on corporate and international tax issues. In her commitment to the development of others, Caroline has served or is currently serving as a mentor for nearly all of the associates in the McDermott Washington Tax Group.


Karen Cate is a Tax Law Specialist in Branch 3 of the Office of Associate Chief Counsel (International) (ACCI).  In this capacity she provides advice to the IRS, drafts guidance, and assists with litigation concerning foreign tax credit, source of income, and expense allocation and apportionment matters.  Prior to joining the Office of ACCI, Karen was a member of the IRS Treaty Assistance & Interpretation Team (Office of U.S. Competent Authority).  In this role, she worked with treaty partners to provide relief of double taxation for a variety of taxpayers.  She also represented the IRS in Treasury-led teams negotiating a treaty and served as an IRS delegate to OECD Working Party 1 (Tax Conventions and Related Questions).  Before the IRS, Karen was an international tax senior manager at Ernst & Young.