US Supreme Court unanimously chooses substance over form in foreign tax credit base : implications of the PPL decision for the creditability of cash-flow taxes

Resource Information

The work US Supreme Court unanimously chooses substance over form in foreign tax credit base : implications of the PPL decision for the creditability of cash-flow taxes represents a distinct intellectual or artistic creation found in International Bureau of Fiscal Documentation. This resource is a combination of several types including: Work, Language Material, Continuing Resources.

Label

US Supreme Court unanimously chooses substance over form in foreign tax credit base : implications of the PPL decision for the creditability of cash-flow taxes

Creator

• McLure, C.E. (Jr.)
• Mintz, J.M
• Zodrow, G.R

Subject

• substance over form
• case law
• windfall profits tax
• cash flow tax
• foreign tax credit

Language

eng

Summary

In a recent unanimous decision in the PPL case, the US Supreme Court ruled that a one-time retroactive British "windfall tax" levied on 32 public utilities that were privatized between 1984 and 1996 was eligible for the US foreign tax credit (FTC). The Court rejected the contention of the US Internal Revenue Service that eligibility for the FTC should be governed by the legislative form of the tax rather than its economic substance. This decision could have far-reaching implications for the creditability of taxes that are not ordinarily thought to be income taxes, including various cash-flow business taxes that are key elements of several proposals recommending replacement of the income tax with a consumption-based tax. This article examines these issues, arguing that one and arguably both of the most common forms of cash-flow consumption-based taxes should be creditable; it also discusses questions that remain about the interpretation of key regulatory requirements that govern creditability

Citation source

In: International tax and public finance. - New York. - Vol. 22 (2015), no. 5 ; p. 887-907

Language note

English