GILTI Conscience

Skadden, Arps, Slate, Meagher & Flom LLP

This is GILTI Conscience: Casual Discussions on Transfer Pricing, Tax Treaties, and Related Topics, a podcast from Skadden that invites thought leaders and industry experts to discuss pressing transfer pricing issues, international tax reform efforts, and tax administration trends. We also dig into the innovative approaches companies are using to navigate the international tax environment and address the obligation everyone loves to hate. If you like what you’re hearing, be sure to subscribe in your favorite podcast app so you don’t miss any future conversations. Skadden's tax team is recognized globally for providing clients with creative and innovative solutions to their most pressing transactional, planning, and controversy challenges. Additional information about Skadden can be found at skadden.com. GILTI Conscience is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. Skadden’s tax team is recognized globally for providing clients with creative and innovative solutions to their most pressing transactional, planning, and controversy challenges. This podcast is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. This podcast is considered advertising under applicable state laws. read less
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Episodes

The Ongoing Journey of Amount B
Sep 4 2024
The Ongoing Journey of Amount B
Amount B is designed to streamline transfer pricing for baseline distribution and marketing companies worldwide, but “we’re apparently in a world of complexity and controversy,” says Jessie Coleman..A principal at KPMG, Jessie joins Skadden attorneys Nate Carden, David Farhat, Eman Cuyler and Stefane Victor to discuss everything there is to know about the current and future status of Amount B. Together, they explore questions of scoping – will jurisdictions agree that an entity is in-scope? – and who’s signing on to Amount B, as well as tensions that may arise over how to handle disputes. For companies that would likely be in-scope when implementation launches, Jessie suggests they prepare by monitoring their assets-to-sales, which will drive where they fit in the Amount B matrix. “I think knowing the unknown right now is really important,” she observes. 💡 Featured Guests 💡Name: Jessie Coleman  What she does: Jessie provides services related to transfer pricing planning, documentation, and controversy and international tax policy.Organization: KPMGWords of wisdom: “It's pretty important that companies look at where they are right now and also make sure that there's no misclassifications, I would say, or confusions. I think knowing the unknown right now is really important.”Connect: LinkedIn Connect with Skadden☑️ Follow us on X and LinkedIn.☑️ Subscribe to GILTI Conscience on Apple Podcasts, Spotify, or your favorite podcast app.☑️ Let us know what topics you would like to hear about on GILTI Conscience by emailing our executive producer at eman.cuyler@skadden.com.GILTI Conscience is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. Skadden’s tax team is recognized globally for providing clients with creative and innovative solutions to their most pressing transactional, planning, and controversy challenges. The insights and views presented in GILTI Conscience are for general information purposes only and should not be taken as legal advice for any individual case or situation. The information presented is not a substitute for consulting with an attorney, nor does tuning into this podcast constitute an attorney-client relationship of any kind.
GILTI Conscience Spotlight Series: Embracing Diversity
Jul 17 2024
GILTI Conscience Spotlight Series: Embracing Diversity
In our second episode in our spotlight series focused on celebrating diversity, GILTI Conscience’s David Farhat and Stefane Victor are joined by colleagues Brian Breheny and Jordan Schwartz for an earnest dialogue on DEI in big law. The guests discuss some of the challenges they faced as gay professionals, including their experiences coming out at work and questions they faced, as well as their efforts to advocate for diversity in the workplace and embrace its importance.💡 Featured Guests 💡Name: Brian Breheny What he does: Brian Breheny is a partner and co-head of Skadden’s SEC Reporting and Compliance practice. Brian formerly held numerous leadership positions at the SEC leader and now concentrates his practice on mergers and acquisitions, corporate governance, and general corporate and securities matters.Organization:  SkaddenWords of wisdom: “Keep in mind what you think people are thinking of you and be careful to address that — not to fix your personality to meet what you think they need.”Connect:  LinkedInName: Jordan SchwartzWhat he does: As counsel in Skadden’s Mass Torts, Insurance and Consumer Litigation Group, Jordan Schwartz represents clients in purported class actions, multidistrict litigation and mass tort proceedings in federal and state courts. Organization:  SkaddenWords of wisdom: “I think it's really incumbent on us to highlight how enjoyable [DEI efforts are], how enriching the experience is. That’s why we have a Diversity Committee.”Connect:  LinkedInConnect with Skadden☑️ Follow us on X & LinkedIn.☑️ Subscribe to GILTI Conscience on Apple Podcasts, Spotify or your favorite podcast app.☑️ Let us know what topics you would like to hear about on GILTI Conscience by emailing our executive producer at eman.cuyler@skadden.com.GILTI Conscience is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. Skadden’s tax team is recognized globally for providing clients...
Spotlight Series: A Celebration of Pride Month With IRS Veteran De Lon Harris
Jun 26 2024
Spotlight Series: A Celebration of Pride Month With IRS Veteran De Lon Harris
“You want people to be themselves. You're going to get the most productivity, the most career longevity from somebody that's happy about being where they are,” says De Lon Harris. In celebration of Pride Month, Skadden tax senior advisor De Lon Harris joins Eman Cuyler and Stefane Victor on “GILTI Conscience,” where he discusses his life and career as a gay professional. De Lon talks about his 30-plus years at the IRS and the different roles he took on, as well as his experience as a gay person working in government service. He also touches on mentorship, including the importance of seeking diversity in mentors.💡 Featured Guests 💡Name: De Lon HarrisWhat he does:   De Lon Harris is the Senior Advisor for Tax Resolution Strategies at Skadden. With more than three decades of experience at the IRS, De Lon Harris counsels clients on a wide range of tax controversy matters. Organization:  SkaddenWords of wisdom:  “You can't truly be happy if you're not comfortable in the workplace or you're not being exactly who you need to be.”Connect:  LinkedInConnect with Skadden☑️ Follow us on Twitter & LinkedIn.☑️ Subscribe to GILTI Conscience on Apple Podcasts, Spotify or your favorite podcast app.☑️ Let us know what topics you would like to hear about on GILTI Conscience by emailing our executive producer at eman.cuyler@skadden.com.GILTI Conscience is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. Skadden’s tax team is recognized globally for providing clients with creative and innovative solutions to their most pressing transactional, planning, and controversy challenges. The insights and views presented in GILTI Conscience are for general information purposes only and should not be taken as legal advice for any individual case or situation. The information presented is not a substitute for consulting with an attorney, nor does tuning into this podcast constitute an attorney-client relationship of any kind.
Dissecting Cross-Border Transfer Pricing Resolutions with Clark Armitage
May 7 2024
Dissecting Cross-Border Transfer Pricing Resolutions with Clark Armitage
“Transfer pricing, itself, is more of an art than a science. There's a lot of gray area in many, many aspects of transfer pricing,” says Clark Armitage. In this episode of the “GILTI Conscience” podcast, Skadden attorneys Nate Carden, David Farhat, Eman Cuyler and Stefane Victor, are joined by guest Clark Armitage of Caplin & Drysdale. The group dives into a comprehensive discussion about the intricacies of ICAP, MAP and APA in cross-border transfer pricing issues. They consider the application of each as a tool, debating their benefits and potential drawbacks in aiding taxpayers. The panel also discusses how a Pillar Two-world could bring additional questions to already complex pricing practices. 💡 Featured Guests 💡Name: J. Clark ArmitageWhat he does: Clark Armitage is a member at Caplin & Drysdale with vast experience in international tax lawyer with a focus on transfer pricing.Mr. Armitage's core practice is advising multinational corporations from a wide range of industries on transfer pricing matters, including planning, audits and appeals, advance pricing agreements (APAs) and mutual agreement procedures (MAPs). He has a particularly strong background in APAs, having served eight years in the IRS Advance Pricing Agreement Program, including as deputy director from 2008-10.Mr. Armitage also advises clients on other U.S. international tax issues. He is well versed with issues arising under the Tax Cuts and Jobs Act of 2017, including GILTI, FDII, BEAT and foreign tax credit basketing. He represents clients with residency issues before the IRS Treaty Assistance and Interpretation Team (TAIT), helps clients navigate the U.S. federal income tax implications of bona fide Puerto Rican residency and status under Puerto Rico Act 20, Act 22, Act 60 and Act 73, and advises on permanent establishment and similar exposures.Organization: Caplin & DrysdaleWords of wisdom: “The MAP process is based on bilateral treaties, for the most part bilateral, between two countries that allow for two competent authorities to come together to resolve a transfer pricing dispute.”Connect: LinkedIn | Email Connect with Skadden☑️ Follow us on Twitter & LinkedIn.☑️ Subscribe to GILTI Conscience on Apple Podcasts, Spotify or your favorite podcast app.☑️ Let us know what topics you would like to hear about on GILTI Conscience by emailing our executive producer at eman.cuyler@skadden.com.GILTI Conscience is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. Skadden’s tax team is recognized globally for providing clients with creative and innovative solutions to their most pressing transactional, planning, and controversy...
GILTI Conscience Spotlight Series: A Conversation With Women Trailblazers in Tax
Apr 11 2024
GILTI Conscience Spotlight Series: A Conversation With Women Trailblazers in Tax
In this episode of the “GILTI Conscience” podcast, Skadden attorneys Eman Cuyler and Stefane Victor are joined by Jessica Hough, tax partner and head of Skadden’s Washington, D.C. office, and Pam Olson, a tax policy consultant at PwC, both of whom have significant experience advising on issues related to tax policy.Tune in to this special episode in which two very distinguished women leaders within the tax community share their insights, experience and strategies for success, as well as how to lead with purpose.💡 Featured Guests 💡Name: Pam OlsonWhat she does: Pam is a tax policy consultant at PwC. She previously served as the U.S. deputy tax leader and Washington National Tax Services (WNTS) practice leader of PwC. Before joining PwC, Pam served as assistant secretary for Tax Policy at the U.S. Department of the Treasury and head of Skadden’s Washington, D.C. Tax Group.Organization: PwCWords of wisdom: “We learn so much from people with different backgrounds than our own and different experiences than our own. And so, it's really important to surround yourself with people who aren't all cut from the same cloth.’ Connect: LinkedIn Name: Jessica HoughWhat she does: Jessica is a partner in Skadden’s tax practice and head of the firm’s Washington, D.C. office, where she represents clients on a wide range of tax matters, with particular emphasis on mergers, acquisitions and divestiture transactions, including spin-offs, debt and equity offerings, corporate and partnership restructurings, and joint ventures.   Organization: Skadden   Words of wisdom: “The key to developing a mentor-mentee relationship is to be yourself because the whole point of cultivating or forming that relationship is that you're finding some kind of commonality.”Connect: LinkedIn Connect with Skadden☑️ Follow us on Twitter & LinkedIn.☑️ Subscribe to GILTI Conscience on Apple Podcasts, Spotify or your favorite podcast app.☑️ Let us know what topics you would like to hear about on GILTI Conscience by emailing our executive producer at...
Inside the IRS: A Conversation With Former Agency Officials
Jan 4 2024
Inside the IRS: A Conversation With Former Agency Officials
On this episode of the “GILTI Conscience” podcast, Skadden attorneys David Farhat, Nate Carden, Eman Cuyler and Stefane Victor, are joined by colleagues Fred Goldberg and De Lon Harris, both of whom have had distinguished careers with the IRS.  Tune in to hear Fred and De Lon share their thoughts, insights and predictions on the latest IRS projects and initiatives, as they talk about what's going on at the agency, new funding, enforcement priorities and tips for a more successful interaction with the IRS.Want more? Check out this prior episode with Fred Goldberg as he shares insights from his 50 years in tax law. 💡 Featured Guest 💡Name: Fred GoldbergWhat he does: Fred is of counsel in Skadden’s Tax Group. He represents business, tax-exempt and individual clients in all phases of dispute resolution with tax authorities. A primary focus of his practice has been to resolve large and complex tax controversies related to a wide range of issues across all industries. Fred is a former IRS chief counsel, IRS commissioner and Department of the Treasury assistant secretary for tax policy. Organization: Skadden  Words of wisdom: “This is the first time ever the IRS has had serious long-term funding. … But it didn't take Congress long to start taking it back.” Connect: LinkedIn Name: De Lon Harris  What he does:  De Lon is a senior advisor for tax resolution strategies in Skadden’s Tax Group, where he counsels clients on a wide range of tax controversy matters. De Lon has over three decades of experience at the IRS, including serving in numerous executive positions. Earlier in his career, De Lon also participated in a one-year fellowship with the U.S. House of Representatives Ways and Means Oversight Subcommittee.Organization: Skadden   Words of wisdom: “I want to talk about what these folks that fall within that large partnership and large corporate categories should be thinking about, especially if they haven't been audited before. And the one thing they should be thinking about is they are eligible, under Revenue Procedure 2022-39, they're an eligible taxpayer that they can disclose issues that need to be adjusted without penalties, instead of having to file a qualified amended return.” Connect: LinkedIn Connect with Skadden☑️ Follow us on Twitter & LinkedIn.☑️ Subscribe to GILTI Conscience on Apple Podcasts,
Pillar Two Analysis: An Asia-Pacific Viewpoint
Dec 7 2023
Pillar Two Analysis: An Asia-Pacific Viewpoint
The evolving landscape of tax reforms in Japan and the broader Asia Pacific region presents a complex tapestry of challenges and strategic shifts.On this episode of the “GILTI Conscience” podcast, Skadden partners Nate Carden and David Farhat are joined by Samuel Gordon, an international tax partner at Deloitte in Japan to dissect tax implications, reform and concerns in this part of the globe.The discussion delves into the viewpoint of Pillar Two in Japan, as well as in the larger Asia Pacific region. The conversation also includes how Pillar Two is coming into play in other areas across the continent, including transfer pricing, training and knowledge base, and enforcement, as well as the effects on multinationals doing business throughout the region. 💡 Featured Guest 💡Name: Samuel GordonWhat he does: Samuel is a bilingual transfer pricing partner at Deloitte, advising firms in Japan and the Asia Pacific region. He has experience in planning, documentation, risk assessments, advance pricing arrangements, transfer pricing governance, and M&A and restructuring.Organization: DeloitteWords of wisdom: “I'm an American who's lived in Japan a long time. My observation is the U.S. is always close to the OECD, but very concerned about maintaining … that sovereign perspective. We don't have that as much in Japan. … [T]here may be some interpretive differences, but I don't think that you're going to see any differences with respect to the rulemaking per se.”Connect: LinkedIn Connect with Skadden☑️ Follow us on Twitter & LinkedIn.☑️ Subscribe to GILTI Conscience on Apple Podcasts, Spotify, Google Podcasts, or your favorite podcast app.☑️ Let us know what topics you would like to hear about on GILTI Conscience by emailing our executive producer at eman.cuyler@skadden.com.GILTI Conscience is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. Skadden’s tax team is recognized globally for providing clients with creative and innovative solutions to their most pressing transactional, planning, and controversy challenges. The insights and views presented in GILTI Conscience are for general information purposes only and should not be taken as legal advice for any individual case or situation. The information presented is not a substitute for consulting with an attorney, nor does tuning into this podcast constitute an attorney-client relationship of any kind.
Insuring Transfer Pricing Risk
Oct 31 2023
Insuring Transfer Pricing Risk
While tax insurance can be used in a variety of contexts, from M&A deals to regular tax planning scenarios, it is also relevant when it comes to transfer pricing. Recent developments have expanded the scope of tax insurance to cover multiple years of transfer pricing in returns in M&A deals, and the potential of seeing more transfer pricing insurance in the future is a strong possibility.On this episode of the “GILTI Conscience” podcast, hosts Nate Carden and David Farhat are joined by Skadden’s Eman Cuyler and Stefane Victor and Yoav Shans of McGill and Partners to discuss the ins and outs of tax insurance including how it relates to transfer pricing, how a claim is initiated and insuring a position.💡 Featured Guest 💡Name: Yoav ShansWhat he does: Yoav is a partner and tax lead in McGill and Partner’s M&A team, leading the global specialty tax insurance practice. Yoav’s industry experience includes diversified industrial products, consumer products, IT solutions and energy.Organization: McGill and PartnersWords of wisdom: “Tax insurance essentially is a risk mitigation tool.” Connect: LinkedInConnect with Skadden☑️ Follow us on Twitter & LinkedIn.☑️ Subscribe to GILTI Conscience on Apple Podcasts, Spotify, Google Podcasts, or your favorite podcast app.☑️ Let us know what topics you would like to hear about on GILTI Conscience by emailing our executive producer at eman.cuyler@skadden.com.GILTI Conscience is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. Skadden’s tax team is recognized globally for providing clients with creative and innovative solutions to their most pressing transactional, planning, and controversy challenges. The insights and views presented in GILTI Conscience are for general information purposes only and should not be taken as legal advice for any individual case or situation. The information presented is not a substitute for consulting with an attorney, nor does tuning into this podcast constitute an attorney-client relationship of any kind.
Gearing Up for Pillar Two
Oct 3 2023
Gearing Up for Pillar Two
Pillar Two is no longer hypothetical. It’s now time for Pillar Two “readiness.”In this episode of the “GILTI Conscience” podcast, hosts David Farhat, Nate Carden, Eman Cuyler and Stefane Victor discuss Pillar Two with Eric Sensenbrenner and Paul Oosterhuis. The group delves into the current state of Pillar Two, which has shifted from a source of concern to a challenge being actively addressed. Companies will have to remain nimble as changes and adjustments are likely during the implementation process.  💡 Featured Guests 💡Name: Eric SensenbrennerWhat he does: Eric is the head of Skadden’s Global Tax Group and represents clients on a broad range of U.S. and international tax matters, with a particular emphasis on transactional tax planning in the international context.Organization: SkaddenWords of wisdom: “You've got to think more about systemic and operational changes.” Connect: LinkedIn Name: Paul OosterhuisWhat he does: Paul is an internationally recognized senior practitioner in the area of international tax. He has extensive experience in mergers and acquisitions, post-acquisition integration, spin-offs, internal restructuring and joint ventures. He also represents multinational companies in non-transactional international tax planning and assists clients in resolving high-stakes, complex tax controversies.Organization: SkaddenWords of wisdom: “ I think we all need to just kind of keep our seat belts tight until we see the outcome of the 2024 election to see if we're going to be part of the Pillar two community or if we're gonna be bucking the Pillar two community.”Connect: LinkedIn Connect with Skadden☑️ Follow us on Twitter & LinkedIn.☑️ Subscribe to GILTI Conscience on Apple Podcasts, Spotify, Google Podcasts, or your favorite podcast app.☑️ Let us know what topics you would like to hear about on GILTI Conscience by emailing our executive producer at eman.cuyler@skadden.com.GILTI Conscience is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. Skadden’s tax team is recognized globally for providing clients with creative and innovative solutions to their most pressing transactional, planning, and controversy challenges. The insights and views presented in...
Spotlight Series: Utilizing Tax Knowledge for the Greater Good
Aug 28 2023
Spotlight Series: Utilizing Tax Knowledge for the Greater Good
Pro bono projects provide unique flexibility and opportunities for skill development, benefiting both the professional who takes on the work and the client. In this episode of “GILTI Conscience,” hosts David Farhat, Stefane Victor and Nate Carden present the next installment of the podcast’s Spotlight Series, which includes a discussion with associates Jared Binstock and Sanessa Griffiths about the role pro bono work plays in tax and their experiences and motivations behind taking on this type of work.Both Sanessa and Jared provide examples of how to find pro bono projects that are a good fit for their practices. For Sanessa, finding causes that are aligned with her values and interests motivate her to say yes. Jared explains, "If I have time to work on it, I usually just say yes. I'm not picky because you never really know what issues are going to come up. It's always a learning experience."💡 Featured Guests 💡Name: Sanessa GriffithsWhat she does: Sanessa advises clients on a broad range of tax controversy matters and transactional situations. Her practice focuses on matters related to high-stakes and complex tax controversies involving transfer pricing, economic substance and business purpose doctrines, and tax treaty interpretation. Organization: SkaddenWords of wisdom: “There are so many things you can do in pro bono, even within just the realm of tax pro bono, that'll make you a better lawyer while contributing to society.” Connect: LinkedIn Name: Jared BinstockWhat he does: Jared advises on the tax aspects of debt and equity financings, initial public offerings, bankruptcy restructurings, and internal integration and restructuring transactions. In addition to his broad-based M&A tax practice, he counsels clients in the financial services sector on insurance-related corporate transactions, including capital raising, reinsurance transactions and restructurings.Organization: SkaddenWords of wisdom: “One of my favorite parts about practicing tax has been the experience that I've had in pro bono.” Connect: LinkedIn Connect with Skadden☑️ Follow us on Twitter & LinkedIn.☑️ Subscribe to GILTI Conscience on Apple Podcasts, Spotify, Google Podcasts, or your favorite podcast app.☑️ Let us know what topics you would like to hear about on GILTI Conscience by emailing our executive producer at
Tax Insurance 101
Jul 24 2023
Tax Insurance 101
In this episode of the “GILTI Conscience” podcast, David Farhat, Nate Carden and Stefane Victor are joined by Mike Gaffney of Atlantic Global Risk to talk about tax insurance and its role in addressing uncertainty in tax laws. Mike describes the workings of tax insurance, including the length of a typical policy, particularly surrounding a deal, and explored ideas such as deciding what covered tax position to insure and how various jurisdictions come into play.The conversation takes listeners through the impact that evolving international tax law has had on tax insurance; what multinationals need to consider when exploring a policy; recognizing risk, particularly surrounding BEPS; and tax insurance in an M&A transaction. 💡 Featured Guest 💡Name: Michael GaffneyWhat he does: Mike is a director and a member of Atlantic Global Risk’s tax team responsible for tax liability insurance products. Prior to joining Atlantic, Mike most recently was PwC’s global tax leader for the banking and capital markets practice and advised financial institutions on complex tax matters. He has authored several articles on international tax, financial products and transfer pricing.Organization: Atlantic Global RiskWords of wisdom: “The way I think of the product is it’s a tool for advisors to have and for taxpayers to know about.” Connect: LinkedIn Connect with Skadden☑️ Follow us on Twitter & LinkedIn.☑️ Subscribe to GILTI Conscience on Apple Podcasts, Spotify, Google Podcasts, or your favorite podcast app.☑️ Let us know what topics you would like to hear about on GILTI Conscience by emailing our executive producer at eman.cuyler@skadden.com.GILTI Conscience is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. Skadden’s tax team is recognized globally for providing clients with creative and innovative solutions to their most pressing transactional, planning, and controversy challenges. The insights and views presented in GILTI Conscience are for general information purposes only and should not be taken as legal advice for any individual case or situation. The information presented is not a substitute for consulting with an attorney, nor does tuning into this podcast constitute an attorney-client relationship of any kind.
Spotlight Series: An Evolution of Workplace Diversity and Acceptance
Jun 28 2023
Spotlight Series: An Evolution of Workplace Diversity and Acceptance
In this episode of the “GILTI Conscience” podcast, hosts David Farhat and Nate Carden are joined by associates Stefane Victor and Eman Cuyler, and Howard Sacarob, head of U.S. tax for the Royal Bank of Canada (RBC). Mr. Sacarob is also a member of RBC’s diversity leadership council and an executive sponsor of the Pride Employee Resource Group (ERG) at RBC, where he works to make diversity and inclusion central to the firm’s culture.The participants reflected on obstacles they’ve faced in the professional world as individuals with diverse perspectives and identities.They discussed the strides that companies are making to prioritize DEI and bring everyone into the conversation while also acknowledging the difficulties that diverse individuals still experience in the workplace. Tune in for this special DEI spotlight on “GILTI Conscience.”💡 Featured Guest 💡Name: Howard SacarobWhat he does:  Howard Sacarob is the head of U.S. tax for the Royal Bank of Canada. As both an attorney and a CPA, he brings extensive and diverse experience to the capital markets and wealth management units at RBC. He is also a member of the company’s diversity leadership council and is an executive sponsor of the Pride Employee Resource Group (ERG).Organization:  Royal Bank of Canada (RBC) - Capital Markets UnitWords of wisdom: “ERGs give people an opportunity to meet others who are in other parts of the firm that they might not otherwise meet or interact with and learn something, learn something about themselves, have a nice time, establish a rapport with people they wouldn't otherwise get to know, help foster a sense of community.”Connect:  LinkedIn Connect with Skadden☑️ Follow us on Twitter & LinkedIn.☑️ Subscribe to GILTI Conscience on Apple Podcasts, Spotify, Google Podcasts, or your favorite podcast app.☑️ Let us know what topics you would like to hear about on GILTI Conscience by emailing our executive producer at eman.cuyler@skadden.com.GILTI Conscience is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. Skadden’s tax team is recognized globally for providing clients with creative and innovative solutions to their most pressing transactional, planning, and controversy challenges. The insights and views presented in GILTI Conscience are for general information purposes only and should not be taken as legal advice for any individual case or situation. The information presented is not a substitute for consulting with an attorney, nor does tuning into this podcast constitute an attorney-client relationship of any kind.
Amount B Back in the Spotlight
Jun 20 2023
Amount B Back in the Spotlight
In this episode of the “GILTI Conscience” podcast, Skadden partners David Farhat and Nate Carden, along with associates Eman Cuyler and Stefane Victor, discuss Pillar One’s Amount B with Jessie Coleman of KPMG.In December 2022, the OECD issued documentation providing a much anticipated outline of Amount B, however, many uncertainties still remain surrounding scoping requirements and pricing.There is still much work to be done to address concerns around the drafted Amount B documentation and ensure the new framework will work for both developed and developing countries. However, many countries seem committed to making Amount B a success, including the U.S., as the Treasury has stated it’s very open to input. 💡 Featured Guest 💡Name: Jessie ColemanWhat she does: As a transfer pricing principal of the Washington National Tax Group ofKPMG US, Jessie provides services related to transfer pricing planning, documentation and controversy, and international tax policy.Organization: KPMGWords of wisdom: “I think we have a lot of countries, and our own Treasury has been very clear on this, that are very committed to making Amount B a success.”Connect: LinkedIn  Connect with Skadden☑️ Follow us on Twitter & LinkedIn.☑️ Subscribe to GILTI Conscience on Apple Podcasts, Spotify, Google Podcasts, or your favorite podcast app.☑️ Let us know what topics you would like to hear about on GILTI Conscience by emailing our executive producer at eman.cuyler@skadden.com.GILTI Conscience is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. Skadden’s tax team is recognized globally for providing clients with creative and innovative solutions to their most pressing transactional, planning, and controversy challenges. The insights and views presented in GILTI Conscience are for general information purposes only and should not be taken as legal advice for any individual case or situation. The information presented is not a substitute for consulting with an attorney, nor does tuning into this podcast constitute an attorney-client relationship of any kind.
Update on Pillar Two: Where it Stands Today and What To Expect
May 24 2023
Update on Pillar Two: Where it Stands Today and What To Expect
After a slow start, the Pillar Two initiative has gained momentum across the globe.“GILTI Conscience” hosts David Farhat, Nate Carden, Stefane Victor and Eman Cuyler spoke with Vikram Chand, a professor at the University of Lausanne, to discuss the latest Pillar Two developments and implications for international taxation.The conversation delves into the widespread adoption of Pillar Two, including in Europe, Asia and low-tax jurisdictions. They explore how the European directive has played a significant role in triggering the implementation of these rules by various countries, as well as the objectives and complexities of Pillar Two. Tune in to gain valuable insights into the evolving landscape of international taxation.💡 Featured Guest💡Name:  Vikram ChandWhat he does:  Dr. Vikram Chand is an associate professor of law at the University of Lausanne (UNIL) Switzerland. He also serves as the program director of UNIL’s Executive Program in Transfer Pricing, the managing editor of the Kluwer International Tax Law Blog and an international tax trainer for the OECD.Organization:  University of LausanneWords of wisdom: "We could expect Pillar Two to come into the legislation of a lot of European member states in 2024 at maximum by 2025. … Historically all the low tax countries like Switzerland or Hong Kong or even Jersey, they have announced adoption of the Pillar Two initiative."Connect:  LinkedInConnect with Skadden☑️ Follow us on Twitter & LinkedIn.☑️ Subscribe to GILTI Conscience on Apple Podcasts, Spotify, Google Podcasts, or your favorite podcast app.☑️ Let us know what topics you would like to hear about on GILTI Conscience by emailing our executive producer at eman.cuyler@skadden.com.GILTI Conscience is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. Skadden’s tax team is recognized globally for providing clients with creative and innovative solutions to their most pressing transactional, planning, and controversy challenges. The insights and views presented in GILTI Conscience are for general information purposes only and should not be taken as legal advice for any individual case or situation. The information presented is not a substitute for consulting with an attorney, nor does tuning into this podcast constitute an attorney-client relationship of any kind.
Spotlight Series: Carving Your Path in Transfer Pricing
Apr 19 2023
Spotlight Series: Carving Your Path in Transfer Pricing
Though many opportunities exist for students interested in a career in tax law, there has been no clear environment for cultivating talent in the area of transfer pricing. Now, an ABA program offers up-and-coming professionals the opportunity to learn directly from leaders in this niche field.  Launched in the midst of the pandemic in 2020, “Transfer Pricing: From Classroom to Boardroom” (TP C2B) seeks to provide students interested in pursuing transfer pricing careers with a multi-disciplinary “insider” look into how transfer pricing policies are designed and administered. With the help of mentors and enthusiastic volunteers, the program culminates in a capstone project at the end of each year-long session. Co-founders Elizabeth Stevens and Niraja Srinivasan joined the “GILTI Conscience” podcast to discuss why they started the program, how it has evolved and potential opportunities for expansion. Interested in volunteering? TP C2B is seeking mentors from all backgrounds who can help organize the capstone and take on other duties to help mentor the next generation of transfer pricing professionals. Send an email to abatpmentoring@gmail.com to see how you can get involved. 💡 Featured Guests 💡Name: Elizabeth StevensWhat she does: Elizabeth is an international tax attorney, experienced in international tax planning and advocacy for multinational corporations. She is the former chair of the ABA Transfer Pricing Committee and co-founder of TP C2B. Organization: Caplin & Drysdale  Connect: LinkedInName: Niraja SrinivasanWhat she does: Niraja assists law firms, multinational companies and tax authorities with expert economic analysis to resolve transfer pricing disputes. She has 25 years of corporate and consulting leadership experience and is the current chair of the ABA Transfer Pricing Committee. Organization: NERAConnect: LinkedInConnect with Skadden☑️ Follow us on Twitter & LinkedIn.☑️ Subscribe to GILTI Conscience on Apple Podcasts, Spotify, Google Podcasts, or your favorite podcast app.☑️ Let us know what topics you would like to hear about on GILTI Conscience
Spotlight Series: Beyond the Technical Side of Tax Law
Mar 14 2023
Spotlight Series: Beyond the Technical Side of Tax Law
In this episode of GILTI Conscience, Skadden’s Nate Carden, David Farhat and Stefane Victor continue the podcast’s spotlight series with tax associate Katy Stone, who discusses the impact tax-related pro bono work has had not only on the lives of other but also on her career.Katy describes how pro bono matters — which she was introduced to early — frequently have a deeply human element and providing tax assistance often has a tangible influence on people’s lives. “I think there's relief from some of these taxpayers in getting someone to explain the world of tax to them and build confidence on a go-forward basis that they're going to be able to handle this differently into the future,” Katy says.They also discuss how new associates can become involved in pro bono opportunities and how the work can help them expand their skill-set beyond their main practice.  💡 Featured Guest 💡Name: Katy StoneWhat she does: Katy is a tax associate in Skadden’s Palo Alto office. She handles the tax aspects of high-profile capital markets, M&A and other corporate transactions, with a strong focus on the technology and energy sectors. Katy regularly represents companies and individuals in tax controversy matters and is admitted to practice before the U.S. Tax Court.Organization: SkaddenWords of wisdom: “I think it's deeply impactful to do this kind of work and protect those very valuable dollars for low-income taxpayers.”Connect: LinkedIn Connect with Skadden☑️ Follow us on Twitter & LinkedIn.☑️ Subscribe to GILTI Conscience on Apple Podcasts, Spotify, Google Podcasts, or your favorite podcast app.☑️ Let us know what topics you would like to hear about on GILTI Conscience by emailing our executive producer at eman.cuyler@skadden.com.GILTI Conscience is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. Skadden’s tax team is recognized globally for providing clients with creative and innovative solutions to their most pressing transactional, planning, and controversy challenges. The insights and views presented in GILTI Conscience are for general information purposes only and should not be taken as legal advice for any individual case or situation. The information presented is not a substitute for consulting with an attorney, nor does tuning into this podcast constitute an attorney-client relationship of any kind.
An In-Depth Look at International Tax in Africa: Part 2
Jan 26 2023
An In-Depth Look at International Tax in Africa: Part 2
In the second of this two-part GILTI Conscience series, our Skadden tax attorneys continue their conversation with Lolade Ososami, a partner and head of the tax team at Udo Udoma & Belo-Osagie, and Zach Pouga, a partner in the International Tax Group at Ernst & Young, on the myriad tax issues faced by Africa-based companies, companies with a presence in Africa and those doing business on the continent.Among other topics, the conversation touches on treaty networks, the role of taxation in general, implementation of tax laws in the various countries and the potential for a unified approach to tax across the African Union.Tune in to this second part of the discussion to hear our hosts and their guests discuss a wide array of topics on the rapidly evolving tax issues throughout the continent.  💡 Featured Guests 💡Name: Lolade OsosamiWhat she does: Lolade heads the taxation and mining and metals teams at Udo Udoma & Belo-Osagi. Her years of experience as a commercial lawyer in Nigeria, the largest emerging market in Sub-Saharan Africa, has equipped her with a vast knowledge of the legal and regulatory framework for international investment in the region.Organization: Udo Udoma & Belo-OsagieWords of wisdom: “When [African countries] start to see that there's enough to go around, and if we can come together and be a unified force, then perhaps our place at the table when it comes to international tax issues would gain more respect.”Connect: LinkedIn Name: Zach PougaWhat he does: As a partner in the International Tax Group at Ernst & Young, Zach focuses on U.S. companies with a presence in Africa and Africa-based companies looking to expand to the U.S., often working in tandem with the African Union and regional governments.Organization: Ernst & YoungWords of wisdom: “The thing I usually try to push is you don't have to go against the rules necessarily, or you don't have to be on the side. Sometimes being in the rules and understanding them and applying them to your context can actually be more beneficial than being against the rules or being on the sidelines.”Connect with Skadden☑️ Follow us on Twitter & LinkedIn.☑️ Subscribe to GILTI Conscience on Apple Podcasts, Spotify, Google Podcasts, or your favorite podcast app.☑️ Let us know what topics you would like to hear about on GILTI Conscience by emailing our executive producer at eman.cuyler@skadden.com.GILTI Conscience is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. Skadden’s tax team is recognized...
An In-Depth Look at International Tax in Africa: Part 1
Jan 18 2023
An In-Depth Look at International Tax in Africa: Part 1
Conversations surrounding transfer pricing practices rarely span to include the myriad regulations throughout Africa. However, across the continent, there are vast distinctions between countries that are thriving under new international tax rules and others that are struggling to keep up. Lolade Ososami, a partner and head of the tax team at Udo Udoma & Belo-Osagie, says that transfer pricing has grown and evolved in Africa over the last decade. When the OECD released the BEPS action plans in 2018, it had a huge impact on tax practitioners, particularly in Nigeria. Zach Pouga, a partner in the International Tax Group at Ernst & Young, encounters transfer pricing in nearly every aspect of his work. He frequently deals with BEPS 2.0, Pillar One and Pillar Two when advising his clients regarding their presence in Africa, as well as helping governments across Africa understand the complexity of new tax rules. In this episode of the GILTI Conscience podcast, Lolade and Zach join our hosts to dive into the evolving world of international tax throughout Africa. From how U.S. multinationals operating in Africa approach transfer pricing to how Africa-based companies and regional governments are branching out, Lolade and Zach explore the complexities of transfer pricing and international tax.💡 Featured Guests 💡Name: Lolade OsosamiWhat she does: Lolade heads the taxation and mining and metals teams at Udo Udoma & Belo-Osagi. Her years of experience as a commercial lawyer in Nigeria, the largest emerging market in Sub-Saharan Africa, has equipped her with a vast knowledge of the legal and regulatory framework for international investment in the region.Organization: Udo Udoma & Belo-OsagieWords of wisdom: “Success is relative. It depends on which side of the fence you're standing. You have all these audits, all this controversy. The taxpayer is spending a lot more money trying to resolve disputes. So is tax really being collected, even? I don't know if that looks like success.”Connect: LinkedIn Name: Zach PougaWhat he does: As a partner in the International Tax Group at Ernst & Young, Zach focuses on U.S. companies with a presence in Africa and Africa-based companies looking to expand to the U.S., often working in tandem with the African Union and regional governments.Organization: Ernst & Young Words of wisdom: “The thing I hear a lot is that the government doesn’t have the manpower to apply the rules they don’t understand, and the effectiveness of which they are not sure of. So it’s a very deliberate governmental decision to try to allocate resources to understand these complex policies that are coming out when they have no assurance of the effectiveness in actually raising funds for them.Connect: LinkedIn Connect with Skadden☑️ Follow us on Twitter & LinkedIn.☑️ Subscribe to GILTI Conscience on Apple Podcasts,
The UK Tackles Pillars One and Two
Nov 30 2022
The UK Tackles Pillars One and Two
In an effort to address tax issues surrounding the ever-growing digitalization of the global economy, the OECD proposed blueprint plans called Pillar One and Pillar Two. Though they were introduced  in October 2020, implementation remains a challenge. In this episode of the GILTI Conscience podcast, Europe tax head James Anderson and London tax partner Alex Jupp join our hosts to discuss how the U.K. may be the first out of the gate in Europe to see some traction with potentially carrying out the Pillars. From international M&A compliance to political challenges and technical hurdles, James and Alex detail many of the uncertainties the Pillars face in today’s climate, both in the U.K. and across the EU.Tune in to find out more about the future of Pillars One and Two in the international market. 💡 Featured Guests 💡Name: James AndersonWhat he does: As head of Skadden’s European tax practice, James  Anderson counsels on the full range of public capital markets transactions. Under his leadership, the firm’s European tax team has received numerous accolades for their work across numerous transactions.Organization: SkaddenWords of wisdom: “We're at the beginning of a formation of a new universe, and […] it's a chance for [newcomers] to shine if you can get out ahead of the curve knowing the rules better.”Connect: LinkedInName: Alex JuppWhat he does: Mr. Jupp is a London tax partner who advises a wide variety of clients in transactional and non-transactional matters on U.K. and cross-border tax matters.Organization: SkaddenWords of wisdom: “I would love for there to be a huge lobbying effort to say, ‘If you bring in Pillar One, can you get rid of DPT?’ That would be fantastic.”Connect: LinkedInConnect with Skadden☑️ Follow us on Twitter & LinkedIn.☑️ Subscribe to GILTI Conscience on Apple Podcasts, Spotify, Google Podcasts, or your favorite podcast app.☑️ Let us know what topics you would like to hear about on GILTI Conscience by emailing our executive producer at eman.cuyler@skadden.com.GILTI Conscience is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. Skadden’s tax team is recognized globally for providing clients with creative and innovative solutions to their most pressing transactional, planning, and controversy challenges. The insights and views presented in GILTI Conscience are for general information purposes only and should not be taken as legal advice for any individual...
Spotlight Series: Pro Bono Opportunities in the Tax World
Oct 6 2022
Spotlight Series: Pro Bono Opportunities in the Tax World
For many low-income individuals,  filing taxes may be a daunting task, and many may even choose to avoid interacting with the IRS altogether due to negative experiences. However, not filing taxes may mean missing out on crucial refunds and benefits.. From low-income taxpayer clinics in communities to organizations and initiatives such as VITA, GetYourRefund and Code For America, there are a multitude of pro bono opportunities for tax attorneys to get involved in to ensure taxpayers receive the benefits they deserve.According to Jaclyn Roeing, an attorney at Skadden who volunteers with Community Tax Aid in Washington, D.C., “One of the key benefits of pro bono work is the opportunity to give back to your community and to use the skills you develop as a lawyer for clients that would otherwise not have representation at all, and that you might never get to engage with.” Don’t miss this Spotlight Series episode of GILTI Conscience as we sit down with Jaclyn to discuss how engaging in pro bono work as a tax attorney benefits both communities and attorneys, and how you can get involved. 💡 Featured Guest 💡Name: Jaclyn RoeingWhat she does: Jaclyn is a lawyer at Skadden whose work focuses on tax controversy and litigation. She dedicates a significant amount of her time to pro bono work, representing the interests of low-income individuals and volunteering her time with Community Tax Aid in Washington, D.C.Organization: Skadden, Arps, Slate, Meagher & Flom LLP and AffiliatesWords of wisdom: “One of the key benefits of pro bono work is the opportunity to give back to your community and to use the skills you develop as a lawyer for clients that would otherwise not have representation at all, and that you might never get to engage with. And there are plenty of those opportunities in tax.”Connect with Skadden☑️ Follow us on Twitter & LinkedIn.☑️ Subscribe to GILTI Conscience on Apple Podcasts, Spotify, Google Podcasts, or your favorite podcast app.☑️ Let us know what topics you would like to hear about on GILTI Conscience by emailing our executive producer at eman.cuyler@skadden.com.GILTI Conscience is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. Skadden’s tax team is recognized globally for providing clients with creative