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Loren Ponds Quoted on Practical Impacts of OECD's Draft Rules on Pillar 1 Amount A in Tax Notes

"OECD Opens Public Consultation on Pillar 1 Amount A"

Tax Notes

Loren Ponds discussed possible impacts of the Organisation for Economic Co-operation and Development's (OECD) draft rules for nexus and revenue sourcing under Amount A of pillar 1 of its two-pillar tax plan, during a panel, "U.S. Activities of Foreigners & Tax Treaties" at the February 4 American Bar Association Section of Taxation virtual meeting. Ponds said the new rules' effects on tax treaties between the United States and other countries could cause multinational enterprises' (MNE) administrative burdens to increase in unanticipated ways. Practitioners may be used to thinking about bilateral treaty disputes, but they rarely deal with multilateral disputes and may not have the tools to deal with expanded dispute mechanisms. "Then we start looking at dispute resolution mechanisms that are currently in place through our treaty network, and then kind of telescope that to the breadth of countries and jurisdictions that are going to be involved with regard to reallocating these profits, it's no longer two or three countries," Ponds said. "Of course, in that mix of countries might be jurisdictions with whom we don't have tax treaties."