William Byrnes' Tax, Wealth, and Risk Intelligence

William Byrnes (Texas A&M) tax & compliance articles

Archive for November, 2020

TaxFacts Intelligence Nov 25, 2020

Posted by William Byrnes on November 25, 2020


This week we analyze the proposed regulations from the DOL on determining who is (and is not) an independent contractor. This has become a hot issue in light of the new rules that California has passed for companies operating there and the impact that they may have on “gig economy” companies. California’s rules are still tied up in litigation, and it remains to be seen how the new DOL rules might affect them. We also have updates on new rules for bonus depreciation for partnerships and withholding on periodic retirement and annuity payments.

Prof. William H. Byrnes         Robert Bloink, J.D., LL.M.

DOL Proposes New Test for Determining Independent Contractor Status

The DOL released a proposed rule that would address when a worker will be treated as an independent contractor for tax purposes. A new economic reality test would apply and consider (1) the nature and degree of the worker’s control over the work and (2) the worker’s opportunity for profit or loss. If the worker sets their own schedule, chooses assignments, works with little or no supervision and can work for others, the circumstances weigh in favor of independent status. For more information on employment classification, visit Tax Facts Online. Read More

Final Bonus Depreciation Rules Give Partnerships a Valuable Tax Break

The IRS final bonus depreciation rules made one change that could prove valuable to partnerships. The 2017 tax reform legislation allows certain used property to qualify for bonus depreciation. However, anti-churning rules apply to prevent abuse. Under the 2019 proposed rules, a partner was treated as having a prior interest in property if the partner was a partner in a partnership at any time that the partnership owned the property. The final regulations revoked the look-through rule because of the administrative burden of enforcement. Under the final rules, taxpayers are not considered to have previously owned property if that property is disposed of within 90 days of its placed-in service date, as long as the asset is not purchased and placed in service again within the same tax year. For more information on the bonus depreciation rules, visit Tax Facts Online. Read More

IRS Releases Final Regs on Withholding on Periodic Retirement and Annuity Payments

The IRS has finalized regulations that clarify tax withholding rules for periodic retirement and annuity payments. Pre-tax reform, the default withholding rate was based on a married taxpayer with three withholding exemptions. Post-reform, the personal exemption has been suspended and Congress directed the Treasury to provide updated withholding rules The IRS has also announced that it intends to release a revised 2021 Form W-4P. The regulations apply to payments made after December 31, 2020. For more information, visit Tax Facts Online. Read More

Texas A&M University School of Law’s online wealth and international tax risk management graduate curricula for industry professionals has attracted over 160 enrollment this fall semester. Apply now for courses that begin on January 18 spring semester. See the international tax course list by > weekly topic here. <

Texas A&M, annual budget of $6.3 billion (FY2020), is the largest U.S. public university, one of only 60 accredited U.S. universities of the American Association of Universities (R1: Doctoral Universities – Highest Research Activity) and one of only 17 U.S. universities that hold the triple U.S. federal grant of Land, Sea, and Space!

Ranked in top 20 public universities by Wall Street Journal / Times Higher Education (2020)

#1 endowment for U.S. public universities, #7 overall

#1 of U.S. public universities for a superior education at an affordable cost

#1 for most CEOs employed by Fortune 500

Rank 11th “Best Public Colleges” Money’s Best Colleges Report, 2019

Texas A&M ranks #1 in Texas, #1 in the SEC, and #12 in the U.S. in Washington Monthly’s 2020 overall college rankings based on the quality of education, accessibility, graduation rates, student involvement, and research: see tx.ag/WashMonth20

Posted in Uncategorized | Leave a Comment »

U.S. and E.U. International Tax, Transfer Pricing Courses Start Jan 19, 2021

Posted by William Byrnes on November 24, 2020


Based on weekly case studies created by the faculty, supported by reading/text materials, pre-recorded videos with PPTs, and audio podcast files made by the faculty – twice-weekly Zoom live sessions (recorded as well) of 90 – 120 minutes wherein students in teams work through the case studies generally from an assigned stakeholder perspective. Access to the extensive Texas A&M library for case study research includes by example: Lexis, Westlaw, IBFD, Kluwer-Cheetah, Thomson OneSource, BvD (Moodys), S&P CapIQ, FITCH, among several others. Apply for Texas A&M’s courses here.

  • Transfer Pricing Risk Management I Tangibles, Methods, Economics, and Data
  • Transfer Pricing Risk Management II: Intangibles, Services, Pillar 1/Digital, Formulary
  • U.S. Tax Risk Management (Data, Analytics & Technology)
  • E.U. Tax Risk Management

U.S. Tax Risk Management (Data, Analytics & Technology) syllabus

E.U. Tax Risk Management syllabus

  • Week 1 March 8, 2021 E.U. General Framework of Compliance Tax Risk Management Dr. Eva Andrés (Barcelona)
  • Week 2 March 15, 2021 Parent Subsidiary Directive, Interest, Royalties. Dr. Santiago Ibañez Marcilla
  • Week 3 March 22, 2021 The European Union proposal on a carbon border tax and its compatibility with the World Trade Organization rules Dr. Xavier Fernández Pons
  • Week 4 March 29, 2021 Free Movement of Capital (investment funds) and others Fundamental Freedoms. Dr. Eva Andrés & Dr. Andreu Olesti
  • Week 5 April 5, 2021 Cross-Border Losses – Dr. Bruno Da Silva
  • Week 6 April 12, 2021 ATAD, DAC 6, Abuse – Dr. Bruno da Silva
  • Capstone Week April 19-25: Build a client case study, wrap up

Transfer Pricing Risk Management: Tangibles, Methods, Economics, and Data (William Byrnes course materials) syllabus

  • Week 1 January 19 Arm’s Length Standard (v Formulary Approach) Dr. Bruno Da Silva & William Byrnes
  • Week 2 Jan 25 CUP & Comparables Dr. Lorraine Eden
  • Week 3 Feb 1 Cost Plus & Resale Minus Dr. George Salis
  • Week 4 Feb 8: Comparable Profits Method & TNMMDr. George Salis
  • Week 5 Feb 15 Profit Split Dr. George Salis
  • Week 6 Feb 22 Best Method Dr. Lorraine Eden
  • Capstone Week March 1

Transfer Pricing Risk Management: Intangibles and Services (William Byrnes course materials) syllabus

Texas A&M, an annual budget of $6.3 billion (FY2020), is the largest U.S. public university, one of only 60 accredited U.S. universities of the American Association of Universities (R1: Doctoral Universities – Highest Research Activity) and one of only 17 U.S. universities that hold the triple U.S. federal grant of Land, Sea, and Space!

Posted in Courses | Tagged: , | Leave a Comment »

TaxFacts Intelligence Nov 23, 2020

Posted by William Byrnes on November 23, 2020


This week we analyze two updates on how the CARES Act is impacting retirement plans. First, we have additional information about re-contributing COVID hardship distributions for qualified plans. Recall that the CARES Act offers a generous window in which to make those re-contributions, so this may be an important topic for end-of-the year tax planning. We also see an update for single-employer defined benefit plans, including some important deadlines. Happy tax reading for Thanksgiving week!

Prof. William H. Byrnes         Robert Bloink, J.D., LL.M.

Clearing up Confusion About Re-Contributing Coronavirus-Related Retirement Distributions

The CARES Act relaxed the hardship distribution rules so that plan participants suffering hardships because of the coronavirus pandemic could access their retirement savings. The law also allows participants to re-contribute those funds within three years of the distribution without penalty. Employer-sponsored plans, however, are only able to accept rollovers from participants (and sometimes new hires). Therefore, if an employee takes their entire account balance as a coronavirus-related hardship distribution and later stops working for the employer, the person is no longer a participant or new hire. For more information on the rules regarding CRDs, visit Tax Facts Online. Read More

Agencies Offer New CARES Act Contribution Relief for Single-Employer Defined Benefit Plans

Sponsors of defined benefit plans are generally required to pay premiums annually to the PBGC. Calculating the premium amount is complex. The first factor imposes a flat-rate, per-participant amount. The second portion is variable, and is based on the plan’s unfunded vested benefits. In calculating this amount, the sponsor is allowed to include any contributions made up to the filing due date. The CARES Act extended the deadline for making a 2019 defined benefit contribution until January 1, 2021. For more information on the defined benefit plan funding rules, visit Tax Facts Online. Read More

IRS Issues Final Regs on Post-TCJA Deductions for Estates and Non-Grantor Trusts

The IRS has released final regulations to clarify that estates and non-grantor trusts are entitled to take certain deductions even after the 2017 tax reform legislation eliminated miscellaneous itemized deductions and suspended the personal exemption for 2018-2025. Generally, non-grantor trusts are entitled to deduction otherwise deductible expenses that would not be incurred but for the fact that the property or assets are held in trust. For more information on the taxation of trusts and estates, visit Tax Facts Online. Read More

Texas A&M University School of Law’s online wealth and international tax risk management graduate curricula for industry professionals has attracted over 160 enrollment this fall semester. Apply now for courses that begin on January 18 spring semester. See the international tax course list by > weekly topic here. <

Texas A&M, annual budget of $6.3 billion (FY2020), is the largest U.S. public university, one of only 60 accredited U.S. universities of the American Association of Universities (R1: Doctoral Universities – Highest Research Activity) and one of only 17 U.S. universities that hold the triple U.S. federal grant of Land, Sea, and Space!

Posted in Pensions, Retirement Planning, Taxation, Wealth Management | Tagged: , , | Leave a Comment »

TaxFacts Intelligence Nov 20, 2020

Posted by William Byrnes on November 20, 2020


This week we look at the three sets of updates from the IRS regarding various SECURE Act changes (subscribers will find our coverage the same week as the release in Tax Facts Online). First, we have guidance for employers on vesting schedules for long-term part-time employees. Next is an update on how QCDs are affected by (newly) deductible qualified plan contributions made after age 70½. Finally, we have guidance that accepting contributions from plan holders who are past age 70½ is not mandatory, and may be disallowed by financial institutions.

Prof. William H. Byrnes         Robert Bloink, J.D., LL.M.

IRS Offers Guidance on Vesting Rules for Long-Term, Part-Time Employees Post-SECURE Act

The SECURE Act generally amends the 401(k) qualification rules to allow participation for certain long-term, part-time employees. IRC Section 401(k)(15)(B)(iii) provides special vesting rules for employees who become eligible to participate solely by reason of having completed three consecutive 12-month periods where the employee completed at least 500 hours of service (long-term, part-time employee). The rule providing that 12-month periods beginning before January 1, 2021 are not taken into account does not apply for purposes of the vesting rules. Generally, all years of service with the employer maintaining the plan must be taken into account for purposes of determining a long-term, part-time employee’s nonforfeitable right to employer contributions under the special vesting rules in § 401(k)(15)(B)(iii). For purposes of determining whether a long-term, part-time employee has a nonforfeitable right to employer contributions (other than elective deferrals), each 12-month period for which the employee has at least 500 hours of service is treated as a year of service. For more information, visit Tax Facts Online. Read More

IRS Provides Details on Reducing Excludable QCDs Caused by Deductible Post-70½ Contributions

The SECURE Act amended the rules governing qualified charitable distributions (QCDs), which are distributions from an individual’s IRA, made directly to charity on or after age 70½. The amendment provides that the excludable amount of QCDs for a taxable year is reduced by the aggregate amount of IRA contributions deducted for the year and any earlier taxable years in which the individual was age 70½ or older by the last day of the year (post-age 70½ contributions). The excludable amount of QCDs for a taxable year is not reduced by the amount of post-age 70½ contributions that caused a reduction in the excludable amount of QCDs for earlier taxable years. For more information on the IRS guidance, visit Tax Facts Online. Read More

IRS Provides Clarity on SECURE Act Post-70½ IRA Contributions

The IRS has released guidance clarifying that while the SECURE Act removed the age 70½ restriction on making traditional IRA contributions, the provision is not mandatory. In other words, financial institutions can choose whether or not to accept IRA contributions after the account owner has reached age 70½. If the financial institution does choose to accept post-70½ contributions, the institution must amend its contracts to provide for the change. The IRS has announced that it plans to release revised model IRAs and prototype language to help reflect these changes. Further, the IRS guidance clarifies that post 70½ contributions cannot be used to offset RMDs—the contributions and distributions are treated as separate transactions. For more information on the IRA contribution rules, visit Tax Facts Online. Read More

Texas A&M University School of Law’s online wealth and international tax risk management graduate curricula for industry professionals has attracted over 160 enrollment this fall semester. Apply now for courses that begin on January 18 spring semester. See the international tax course list by > weekly topic here. <

Texas A&M, annual budget of $6.3 billion (FY2020), is the largest U.S. public university, one of only 60 accredited U.S. universities of the American Association of Universities (R1: Doctoral Universities – Highest Research Activity) and one of only 17 U.S. universities that hold the triple U.S. federal grant of Land, Sea, and Space!

Posted in Retirement Planning, Taxation, Wealth Management | Tagged: , , | Leave a Comment »

TaxFacts Intelligence Nov 19, 2020

Posted by William Byrnes on November 19, 2020


There is an updated self-certification process for taxpayers who miss the 60-day rollover deadline. The new process is easier than obtaining a PLR, but it is still only available in a limited set of circumstances. Notably, one of those circumstances is an extreme illness of the taxpayer or a family member, so there may be some COVID-related relief available. Also, we have the new 2021 inflation-adjusted tax numbers! Many of them stayed the same in our current low-inflation environment, but the estate tax exemption is up to $11.7 million.

Prof. William H. Byrnes         Robert Bloink, J.D., LL.M.

Retirement Plan Contribution Limits for 2021 Remain Steady; Estate Tax Exemption Soars

The IRS has released the 2021 inflation-adjusted figures to be used for determining deductible retirement plan contributions, tax brackets and a number of other relevant figures.  In the retirement arena, contribution limits will remain steady–401(k) pre-tax contribution limits remain at $19,500 and catch-up limits remain at $6,500.  IRA contribution limits similarly remain at $6,000.  For 2021, every individual can exempt up to $11.7 million from the federal estate tax (up from $11.58 million).  The annual $15,000 gift tax exclusion remained unchanged.  For more information on the rules on deductible retirement contributions, visit Tax Facts Online. Read More

Instructions for 2020 Forms 1094/1095 Contain New ICHRA Reporting Information

The instructions for Forms 1094 and 1095 contain reporting information for clients who have decided to offer individual coverage health reimbursement arrangements (ICHRAs) beginning in 2020.  ICHRAs allow employers to reimburse employees for the cost of individual health insurance premiums without violating the ACA market reform rules.  Forms 1095-B and 1095-C are provided to both the IRS and the employee who receives coverage.  The employee’s ICHRA contributions now count for purposes of determining whether the employee’s contribution is affordable.  For more information on ICHRAs, visit Tax Facts Online. Read More

IRS Updates Self-Certification Process for Taxpayers Who Miss Retirement Plan Rollover Deadline

Missing the 60-day rollover deadline for tax-free transfers between retirement accounts can cause considerable problems for a client.  In the past, the only way to correct a delayed rollover was to obtain a private letter ruling (PLR) directly from the IRS.  Now, certain clients are eligible to self-certify to avoid the time and expense of obtaining a PLR.  Circumstances that qualify for a waiver via self-certification include: (1) an error was committed by the financial institution, (2) the distribution check was misplaced and never cashed, (3) the taxpayer’s principal residence was severely damaged, (4) a member of the taxpayer’s family died, (5) the taxpayer or a member of his or her family was severely ill, (6) a postal error occurred or (7) restrictions were imposed by a foreign country.  For more information, visit Tax Facts Online. Read More

Texas A&M University School of Law’s online wealth and international tax risk management graduate curricula for industry professionals has attracted over 160 enrollment this fall semester. Apply now for courses that begin on January 18 spring semester. See the international tax course list by > weekly topic here. <

Texas A&M, annual budget of $6.3 billion (FY2020), is the largest U.S. public university, one of only 60 accredited U.S. universities of the American Association of Universities (R1: Doctoral Universities – Highest Research Activity) and one of only 17 U.S. universities that hold the triple U.S. federal grant of Land, Sea, and Space!

Posted in Retirement Planning, Taxation, Wealth Management | Tagged: | Leave a Comment »

Free Webinar Today | What will be the biggest tax implications for 2021?

Posted by William Byrnes on November 18, 2020


New RMD tables! SECURE Act 2.0? Should you defer SALT expenses until 2021? Tune into Tax Facts Online this week for these exciting updates! Also, check it out, we’re having a webinar today at 2pm CST (Dallas/Chicago time)

Free Webinar | What will be the biggest tax implications for 2021?

Between an election year and a worldwide pandemic, 2020 has left tax and financial planners with a LOT to consider, and the new year is just around the corner. Join the expert-authors behind Tax Facts in this free, live webinar as they discuss important questions many will have about the state of tax in 2021, including potential changes, implications, and more. Register Here

Prof. William H. Byrnes         Robert Bloink, J.D., LL.M.

Bipartisan Retirement Legislation Dubbed “SECURE Act 2.0”

New retirement legislation with bipartisan support would expand upon the changes made by the 2019 SECURE Act to promote more options and greater retirement security for millions of Americans.  Importantly, if passed, the law would increase the required minimum distribution age from 72 to 75.  It would promote auto-enrollment in new employer retirement plans and also provide an expanded tax credit for small business owners who offer a retirement savings option.  The law would provide more options for clients approaching retirement age by allowing greater “catch up” options for clients who are at least 60.  Employers would also be able to provide an employer matching contribution to employees who are unable to contribute to retirement accounts, but instead use funds to pay down student loans.  The law would also ease the burden for clients who make honest mistakes while managing their own IRAs.  For more information about some of the sweeping changes made by the SECURE Act late in 2019, visit Tax Facts Online. Read More

Updated RMD Tables

Although RMDs were waived for 2020, the IRS recently released final and updated tables that are used in calculating taxpayers’ required minimum distributions (RMDs) from traditional retirement accounts.  However, the IRS has also announced that the new tables won’t apply in calculating 2021 RMDs (existing tables remain in effect for 2021).  Starting in 2022, savers who have reached age 72 (up from age 70 1/2 prior to 2020) will be entitled to use the updated life expectancy tables.  For more information on the RMD rules, visit Tax Facts Online. Read More

Defer SALT Expenses Until 2021?

By this point, we’re all familiar with the cap on the deduction for state and local taxes (SALT) that was put into place for 2018-2025.  With the uncertainty of an election year looming, some taxpayers might wonder whether they can take any steps to maximize the value of these deductions.  The answer is: maybe.  For more information on the SALT cap, visit Tax Facts Online. Read More

Byrnes & Bloink’s Tax Facts Offers a Complete Web, App-Based, and Print Experience: Reducing complicated tax questions to understandable answers that can be immediately put into real-life practice, Tax Facts works when and where you need it….on your desktop, at home on your laptop, and on the go through your tablet or smartphone. All four volumes of Tax Facts in print PLUS

  • Tax Facts Intelligence weekly newsletters
  • weekly strategy articles for client advisory
  • weekly transcribed debate discussion for client soft-skill discussion
  • among other weekly client advisory critical updates

Questions? Contact customer service: TaxFactsHelp@alm.com800-543-0874

Posted in Retirement Planning, Taxation, Wealth Management | Tagged: , | Leave a Comment »

What will be the biggest tax implications for tax season 2021 for your financial advisory clients? free TaxFacts webinar

Posted by William Byrnes on November 17, 2020


Wed, Nov 18, 2020 1:00 PM – 2:00 PM CST (Dallas time) Register for the Webinar Here


Between an election year and a worldwide pandemic, 2020 has left tax and financial planners with a LOT to consider, and the new year is just around the corner. Join the expert-authors behind Tax Facts in this free, live webinar as they discuss important questions many will have about the state of tax in 2021, including potential changes, implications, and more.

It can be difficult to keep up with the latest industry changes – make sure you’re prepared for next year and how certain policies may affect your clients and their retirement plans, both immediately and long-term!

If you have questions about the webinar, please contact Dana Wan at dwan@alm.com. Register for the Webinar Here

Byrnes & Bloink’s Tax Facts Offers a Complete Web, App-Based, and Print Experience: Reducing complicated tax questions to understandable answers that can be immediately put into real-life practice, Tax Facts works when and where you need it….on your desktop, at home on your laptop, and on the go through your tablet or smartphone. All four volumes of Tax Facts in print PLUS

  • Tax Facts Intelligence weekly newsletters
  • weekly strategy articles for client advisory
  • weekly transcribed debate discussion for client soft-skill discussion
  • among other weekly client advisory critical updates

Questions? Contact customer service: TaxFactsHelp@alm.com800-543-0874

From Tax Facts Online Q3757. What is the limit on elective deferrals to employer-sponsored plans?

By way of example, here is the recently updated Tax Facts Q&A on the 2021 retirement plan contribution limits. Look for more great updates from Tax Facts soon! Read More

From Tax Facts Weekly September 10, 2020: The Trump payroll tax deferral has been announced, and we have details below. It’s optional, and there are a lot of questions about how it will work now and in early 2021 when the deferred payroll taxes would be due (assuming no legislative changes occur between now and then). We also have an interesting update from the DOL on how schools’ reopening plans might impact employees’ right to paid leave under the Families First Coronavirus Response Act (FFCRA). Given the wide variety in schools’ opening plans there may be some interesting scenarios to play out related to staff paid leave if they are affected by the Corona virus.

Trump Payroll Tax Deferral Program Now Available

Beginning September 1, employers have the option of deferring the employee portion of the payroll tax through December 31, 2020. Employers can choose to stop withholding the 6.2% employee portion of the Social Security tax for employees who earn less than around $4,000 bi-weekly (pre-tax), but are required to continue contributing the employer half. However, employees should note that under current IRS guidance, deferred payroll taxes must be repaid during the period beginning January 1, 2021 and ending April 30, 2021. Taxes that are not repaid during that period will accrue interest and penalties, and employers can pass those amounts on to employees who have not repaid their deferral amounts. While it remains possible that Congress could pass legislation to forgive any payroll taxes that are deferred during 2020, it is far from certain. For more information on payroll tax relief provided in response to COVID-19, visit Tax Facts Online. Read More

DOL Releases New Guidance in Response to School Reopening Plans

The DOL has released additional FAQ on how a school’s reopening plans might impact employees’ right to paid leave under the Families First Coronavirus Response Act (FFCRA). The IRS examined various scenarios and provided clarification on each. If the child’s school remains closed to in-person instruction (so that only remote learning is offered), the employee has a qualifying reason to take FFCRA leave. If the school offers a hybrid program, so that students attend school in-person on certain days and receive remote instruction on other days, employees have a qualifying reason, but only with respect to the days that their children are not eligible for in-person instruction. If it is completely up to the family whether to send the child to school every day or keep the child home for remote instruction, the employee does not have a qualifying FFCRA leave reason. This is true regardless of whether the family keeps the child home out of fear of contracting COVID-19. For more information on the availability of FFCRA leave, visit Tax Facts Online. Read More

IRS Provides Relief for Victims of Hurricane Laura

The IRS has extended various deadlines for victims of Hurricane Laura. Victims located in FEMA-designated disaster areas qualify to extend tax filing and payment deadlines that occurred starting August 22, 2020 through the end of the year. Taxpayers who extended their 2019 federal income tax filing deadline to October 15 now have until December 31, 2020. For information on the casualty loss rules, visit Tax Facts Online. Read More

Posted in Retirement Planning, Taxation, Uncategorized | Tagged: , | Leave a Comment »

Earn your Texas A&M Transfer Pricing certificate w/ live team-based weekly case studies starting January 19

Posted by William Byrnes on November 11, 2020


Transfer Pricing Risk Management I and II: Tangibles, Methods, Economics, and Data, Intangibles, and Services

The back-to-back courses are limited to a maximum 30 certificate participants and degree seekers: Application HERE

William Byrnes, author of the leading transfer pricing treatise, leads a team of hands-on transfer pricing professionals and professors (see links below) who created weekly case studies for teams to work through, facilitated by Zoom on Tuesday at 9am Central (Dallas) time and Fridays at 9am (live session lasts at least 90 minutes and is recorded, available to students until May 1 (then deleted in compliance with FERPA and other rights). The Teams present their proposals and results critiqued and discussed by the teams and professors. See example live session on YouTube here

  • Week 1 January 19 Arm’s Length Standard (v Formulary Approach) Dr. Bruno Da Silva
  • Week 2 Jan 25 CUP & Comparables Dr. Lorraine Eden
  • Week 3 Feb 1 Cost Plus & Resale Minus Dr. George Salis
  • Week 4 Feb 8: Comparable Profits Method & TNMMDr. George Salis
  • Week 5 Feb 15 Profit Split Dr. George Salis
  • Week 6 Feb 22 Best Method Dr. Lorraine Eden
  • Week 7 Capstone March 1 (Hands-On Week with Financial Databases for Comparables Management) Dr. Debora Correa Talutto Thomson OneSource, BvD (Moodys), and CrossBorder AI Solutions Dr. Debora Correa Talutto
  • Week 8 March 8 Intangibles Royalty Rates CUT, CPM Dr. Debora Correa Talutto
  • Week 9 March 15 CSA Intangibles Buy In/Out Dr. George Salis
  • Week 10 March 22 Digital Business Unitary Apportionment Dr. Bruno Da Silva
  • Week 11 March 39 Digital Value Chain, Internet of Things Dr. Lorraine Eden
  • Week 12 April 5 U.S. v OECD v UN Manual case study Extractive Industries, Financing Hafiz Choudhury
  • Week 13 April 12 Restructuring the Business, Services case study Hafiz Choudhury
  • Week 14 Capstone April 19 Hand-On Week with Tax Technology to Manage Risk William Byrnes
  • Other guest experts/professors will be joining with case studies

Weekly course materials include in the tuition: the Lexis textbook and supplement materials, pre-recorded videos with PPTs, and audio podcast files made by the faculty (listen at the gym or when driving). Access to the extensive Texas A&M library for case study research includes as some examples: Lexis, Westlaw, IBFD, Kluwer-Cheetah, Thomson OneSource, BvD (Moodys), and S&P CapIQ.

Texas A&M, annual budget of $6.3 billion (FY2020), is the largest U.S. public university, one of only 60 accredited U.S. universities of the American Association of Universities (R1: Doctoral Universities – Highest Research Activity) and one of only 17 U.S. universities that hold the triple U.S. federal grant of Land, Sea, and Space!

Posted in Courses | Tagged: | Leave a Comment »

International Tax Risk Management course descriptions

Posted by William Byrnes on November 5, 2020


Courses are limited to maximum 30 participants: Application HERE

Texas A&M, annual budget of $6.3 billion (FY2020), is the largest U.S. public university, one of only 60 accredited U.S. universities of the American Association of Universities (R1: Doctoral Universities – Highest Research Activity) and one of only 17 U.S. universities that hold the triple U.S. federal grant of Land, Sea, and Space!

FALL COURSES

Int’l Taxation & Treaties I

Course description: This course, focused on residency-based taxation, and its companion focused on source-based taxation, is the primer for the concentration area of risk management addressing the tax function within a multinational enterprise (thus, aptly named international tax risk management). This course and the others within the tax risk management concentration provide a comparative overview of the tax law and accounting of significant trade nations, an overview of the application of tax treaties among countries, and a global holistic perspective for multinational tax risk planning. The course is taught synchronously twice weekly using Zoom. Each week teams of 3-4 students, each with a chosen team role (e.g. develop PPT, develop presentation notes, make presentation), are assigned by the professor a stakeholder role to develop in the context of a case study.  The professors moderate the teams that discuss and moot with each other during a weekly live presentation session.  Teams generally use PPT and other presentation aids. The primary purpose of the course is to allow students to work through real world tax scenarios considering the planning risks and management of those risks. This course is co-taught by Professor William Byrnes who authored the course materials and Dr. Bruno da Silva.

Int’l Taxation & Treaties II

Course Description: This second course in a series of two courses is focused on sourced based taxation. The first course is focused on residency-based taxation. Together these courses are the primer for the concentration area of risk management addressing the tax function within a multinational enterprise(thus, aptly international tax risk management).This course and the others within the tax risk management concentration provide a comparative overview of the tax law and accounting of significant trade nations, an overview of the application of tax treaties among countries, and a global holistic perspective for multinational tax risk planning. The course is taught synchronously twice weekly using Zoom. Each week teams of 3-4 students, each with a chosen team role (e.g. develop PPT, develop presentation notes, make presentation), are assigned by the professor a stakeholder role to develop in the context of a case study.  The professors moderate the teams that discuss and moot with each other during a weekly live presentation session.  Teams generally use PPT and other presentation aids. The primary purpose of the course is to allow students to work through real world tax scenarios considering the planning risks and management of those risks. This course is co-taught by Professor William Byrnes who authored the course materials and Dr. Bruno da Silva.

Domestic Systems International Tax Risk Management  

Course Description: Tax Risk Management: Domestic (Inbound) addresses the interaction of international taxation risk management and domestic systems.  This course continues with the tax diagnostic process started in International Tax & Treaties I and II, and the tax data risk analytics exposed to in International Tax Risk Management I, bringing tax data analytics into the domestic system diagnostic, and how technology supports the inbound tax investment analysis. The course is taught synchronously twice weekly using Zoom. Each week teams of 3-4 students, each with a chosen team role (e.g. develop PPT, develop presentation notes, make presentation), are assigned by the professor a stakeholder role to develop in the context of a case study.  The professors moderate the teams that discuss and moot with each other during a weekly live presentation session.  Teams generally use PPT and other presentation aids. The primary purpose of the course is to allow students to work through real world tax scenarios considering the planning risks and management of those risks. This course is co-taught by a team of professors including Dr. Susana Bokobo, Dr. Maji Rhee, Elis Prendergast, Carson Le, and Hafiz Choudhury, supported by the authored materials of Professor William Byrnes.

Int’l Tax Risk Management II (Data, Analytics & Technology)

Course description: Int’l Tax Risk Management II Data, Analytics & Technology addresses the interaction of international taxation risk management, data, technology, and analytics.  Tax Risk Management II addresses the following issues: global supply chain and value allocation/apportionment, DEMPE, customs, taxation of IP and technology, and tax technology.  This course completes the trilogy of tax risk management courses and overlays the tax diagnostic process learned in International Tax & Treaties I and II, bringing tax data analytics into the diagnostic, and how technology supports a risk-based approach to managing the tax burden of a multinational. This course is co-taught by Dr. Niraja Srinivasan and Dr. Brigitte Muehlmann.

SPRING COURSES

Transfer Pricing Risk Management I: Tangibles, Methods, Economics, and Data

Course description: This course introduces students to both theoretical and practical aspects of transfer pricing.  Topics include: valuation of cross-border transactions between units of a multinational enterprise; includes internal and external motivations for transfer pricing, managerial and economic approaches, estimates of transfer manipulation, arm’s length standard, U.S. and OECD rules and procedures, tax court cases, and ethical dilemmas. The expanding influence of the UN Manual’s approach to transfer pricing issues is contrasted throughout the main topics. Each week, an industry-based case study is undertaken in a team-based learning approach of student groups consisting of three team members each.  The industry case studies by example include Coffee, Technology, and Petroleum.

This course (Part I) is meant to be taken as the introduction with Transfer Pricing Part II as the advanced perspective.  Part I and Part II topics address strategy, compliance, and risk management.  Transfer Pricing Part I focuses on the topics of comparability, functional analysis and global value chain analysis, and the transfer pricing methods for tangibles and on data documentation (e.g. CbCR). Transfer Pricing Part II focuses on the transfer pricing methods applicable for intangibles and services. This course is led by Professor William Byrnes who has assembled a team including Dr. Lorraine Eden, Dr. George Salis, and Dr. Bruno Da Silva.

Transfer Pricing Risk Management II: Intangibles and Services

Course description: Topics include: valuation of cross-border transactions between units of a multinational enterprise; includes internal and external motivations for transfer pricing, managerial and economic approaches, estimates of transfer manipulation, arm’s length standard, U.S. and OECD rules and procedures, tax court cases, and ethical dilemmas. The expanding influence of the UN Manual’s approach to transfer pricing issues is contrasted throughout the main topics. Each week, an industry-based case study is undertaken in a team based learning approach of student groups consisting of three team members each.  The industry case studies by example include Coffee, Technology, and Petroleum.

This course is meant to be taken with Transfer Pricing Part I.  Part I and Part II topics address strategy, compliance, and risk management.  Transfer Pricing Part II focuses on the topics of comparability, functional analysis and global value chain analysis, and the transfer pricing methods for tangibles and services. Transfer Pricing Part II focuses on the transfer pricing methods applicable for intangibles, and on documentation (e.g. CbCR).  This course is led by Professor William Byrnes who has assembled a team including Dr. Lorraine Eden, Dr. George Salis, Dr. Debora Correa Talutto, Dr. Bruno Da Silva, and Hafiz Chouhury.

EU Tax Risk Management

Course description: The primary focus of the course will be on the E.U. general framework of compliance tax risk management. This includes: Parent Subsidiary Directive, Interest, Royalties, The European Union proposal on a carbon border tax and its compatibility with the World Trade Organization rules, Free Movement of Capital (investment funds) and others Fundamental Freedoms, Cross-Border Losses, ATAD, DAC 6, and Abuse of Law. The course is taught synchronously twice weekly using Zoom. Each week teams of 3-4 students, each with a chosen team role (e.g. develop PPT, develop presentation notes, make presentation), are assigned by the professor a stakeholder role to develop in the context of a case study.  The professors moderate the teams that discuss and moot with each other during a weekly live presentation session.  Teams generally use PPT and other presentation aids. The primary purpose of the course is to allow students to work through real world tax scenarios considering the planning risks and management of those risks. This course is taught by a team that includes Dr. Eva Andrés, Dr. Santiago Ibañez Marcilla, Dr. Xavier Fernández Pons, Dr. Andreu Olesti, and Dr. Bruno da Silva.

U.S. International Tax Risk Management

Course description: This course considers the basic principles and policies governing the US taxation of international transactions using a risk management case-study approach addressing data.  Consideration will be given to both inbound (foreign investment in the US) and outbound (US investment abroad) transactions. We will analyze the US tax rules and the interaction between US and foreign tax systems through the operation of the tax credit and tax treaties, and more. Topics include: Outbound / FDII, Inbound / BEAT, Form 1120 Documentation and Check the Box, Subpart F & GILTI, PTEP, Form 5471, M&A and finally, FTCs. The course is taught synchronously twice weekly using Zoom. Each week teams of 3-4 students, each with a chosen team role (e.g. develop PPT, develop presentation notes, make presentation), are assigned by the professor a stakeholder role to develop in the context of a case study.  The professors moderate the teams that discuss and moot with each other during a weekly live presentation session.  Teams generally use PPT and other presentation aids. The primary purpose of the course is to allow students to work through real world tax scenarios considering the planning risks and management of those risks. This course is co-taught by Melissa Muhammad and Neelu Mehrotra.

SUMMER COURSES

FATCA, CRS, AEoI and Tax Data Analytics

Course description: This course addresses the tax and compliance issues, then data collection, remediation, maintenance, and analytics issues of FATCA, CRS, and other types of AEoI.  The course is taught synchronously twice weekly using Zoom. Each week teams of 3-4 students, each with a chosen team role (e.g. develop PPT, develop presentation notes, make presentation), are assigned by the professor a stakeholder role to develop in the context of a case study.  The professors moderate the teams that discuss and moot with each other during a weekly live presentation session.  Teams generally use PPT and other presentation aids. The primary purpose of the course is to allow students to work through real world tax scenarios considering the planning risks and management of those risks. The course materials are excerpted from William Byrnes’ treatise on FATCA and CRS. Learnings aids include weekly Camtasia videos covering the weekly PPT and case studies, supported by recorded audio podcasts. The professor team for this course includes: Professor William Byrnes who has prepared the course based on his treatise materials, Denise Hintzke, Melissa Muhammad, and Haydon Perryman.

Int’l Tax Risk Management I (Data, Analytics & Technology)

Course description: Int’l Tax Risk Management I introduces the Data, Analytics & Technology addresses the interaction of international taxation risk management, data, technology, and analytics.  Tax Risk Management II addresses the following issues: global supply chain and value allocation/apportionment, DEMPE, customs, taxation of IP and technology, and tax technology.  This course completes the trilogy of tax risk management courses and overlays the tax diagnostic process learned in International Tax & Treaties I and II, bringing tax data analytics into the diagnostic, and how technology supports a risk-based approach to managing the tax burden of a multinational. The course is taught synchronously twice weekly using Zoom. Each week teams of 3-4 students, each with a chosen team role (e.g. develop PPT, develop presentation notes, make presentation), are assigned by the professor a stakeholder role to develop in the context of a case study.  The professors moderate the teams that discuss and moot with each other during a weekly live presentation session.  Teams generally use PPT and other presentation aids. The primary purpose of the course is to allow students to work through real world tax scenarios considering the planning risks and management of those risks. This course is co-taught by a team of professors including Dr. Knut Olson, Dr. Bruno Da Silva, David Deputy, Dr. Paula de Witte, Melissa Muhammad and Dr. Debora Correa Talutto.

Customs, Excise, VAT, GST, Sales and Risk Management

Course description: This course focuses on indirect taxation and its risk management.  The course will address importation of good, services, and intangibles from the perspective of a customs and a VAT regime. VAT sourcing rules, inputs and outputs will be described, and management of the tax risks emanating from overlapping regimes and complex supply chains.  The course is taught synchronously twice weekly using Zoom. Each week teams of 3-4 students, each with a chosen team role (e.g. develop PPT, develop presentation notes, make presentation), are assigned by the professor a stakeholder role to develop in the context of a case study.  The professors moderate the teams that discuss and moot with each other during a weekly live presentation session.  Teams generally use PPT and other presentation aids. The primary purpose of the course is to allow students to work through real world tax scenarios considering the planning risks and management of those risks.

International Tax Risk Management III (Planning)

Course description: This course represents the capstone of the curriculum of tax risk management. This course presents complex MNE scenarios that require multiple tax mitigation scenarios, and thus corresponding risk assessment for each scenario. Multiple tax issues will overlap, the foundation of those issues addressed in the previous courses. The course is taught synchronously twice weekly using Zoom. Each week teams of 3-4 students, each with a chosen team role (e.g. develop PPT, develop presentation notes, make presentation), are assigned by the professor a stakeholder role to develop in the context of a case study.  The professors moderate the teams that discuss and moot with each other during a weekly live presentation session.  Teams generally use PPT and other presentation aids. The primary purpose of the course is to allow students to work through real world tax scenarios considering the planning risks and management of those risks.

Posted in Courses | Tagged: | Leave a Comment »

 
%d bloggers like this: