GILTI Conscience: Casual Discussions on Transfer Pricing, Tax Treaties and Related Topics

Skadden Podcast

Dissecting Cross-Border Transfer Pricing Resolutions
The “GILTI Conscience” podcast team, led by partners David Farhat and Nate Carden, hosted Clark Armitage of Caplin & Drysdale for an in-depth conversation on the various methods for resolving cross-border transfer pricing disputes. Associates Eman Cuyler and Stefane Victor joined the discussion as well.

Spotlight Series: A Conversation With Women Trailblazers in Tax
Our “GILTI Conscience” podcast team, led in this episode by associates Eman Cuyler and Stefane Victor, presented a thought-provoking episode in recognition of Women’s History Month. They were joined by Washington, D.C. office head and tax partner Jessica Hough and Skadden alum and PWC senior tax policy adviser Pam Olson, who discussed their career paths, successes and leadership strategies. The speakers also covered a wide range of topics that focused on creating an inclusive work culture, paving the way for diverse candidates in the field of tax, cultivating relationships with mentors and striking a crucial work-life balance, among many other topics.

Inside the IRS: A Conversation With Former Agency Officials
Tax of counsel Fred Goldberg and senior advisor for tax resolution strategies De Lon Harris, both formerly of the IRS, joined the hosts of “GILTI Conscience” for a comprehensive look at current developments at the agency, including funding, enforcement priorities and challenges.

Pillar Two Analysis: An Asia Pacific Viewpoint
Our latest “GILTI Conscience” podcast featured Deloitte international tax partner Sam Gordon, who joined hosts Nate Carden and David Farhat for an in-depth look at Asia Pacific’s perspective on Pillar Two, particularly from the standpoint of Japan, as well as a discussion on tax in general throughout the region.

Insuring Transfer Pricing Risk
Our “GILTI Conscience” hosts, led by David Farhat and Nate Carden, took a deeper look at tax insurance, this time with a focus on how the product relates to transfer pricing. Yoav Shans, a partner and head of specialty tax insurance at McGill and Partners, spoke in depth on how and when to insure transfer pricing, the diligence process and much more.

Gearing Up for Pillar Two
Our “GILTI Conscience” team was joined by colleagues Paul Oosterhuis and Eric Sensenbrenner to discuss what companies can expect now that Pillar Two implementation is becoming a reality.

Spotlight Series: Utilizing Tax Knowledge for the Greater Good
In our third installment of the “GILTI Conscience” pro bono spotlight series, counsel Jared Binstock and associate Sanessa Griffiths joined the podcast hosts to discuss how they’ve utilized their corporate tax backgrounds to assist nonprofits, small businesses owners and others in navigating the multitude of daunting tax laws and filings. 

Tax Insurance 101
Atlantic Global Risk director Mike Gaffney joined our “GILTI Conscience” podcast for an in-depth discussion with David Farhat, Nate Carden and Stefane Victor on tax insurance, including how the product works, how policies are determined, the impact that evolving tax law has on coverage and when multinationals should consider utilizing this tool.

Spotlight Series: An Evolution of Workplace Diversity and Acceptance
Howard Sacarob, head of U.S. tax at Royal Bank of Canada and executive sponsor of RBC’s PRIDE employee resource group, joined Nate Carden, David Farhat and our “GILTI Conscience” team to discuss the importance of allyship in the workplace and community, as well as the challenges he has encountered and how perspectives on diversity have changed over the course of his career.

Amount B Back in the Spotlight
Following the OECD’s long-awaited guidance that was issued in December 2022, Pillar One’s Amount B has begun receiving renewed attention. Jessie Coleman, transfer pricing principal with KPMG, joined the “GILTI Conscience” team, led by partners Nate Carden and David Farhat, for in-depth discussion on Amount B and what companies should consider. 

Update on Pillar Two: Where it Stands Today and What To Expect
With more and more countries signing on to Pillar Two, “GILTI Conscience” hosts Nate Carden and David Farhat are joined by Vikram Chand, associate professor of law at the University of Lausanne, to discuss what this means for corporations worldwide, when we can expect to see more legislation be implemented and Pillar Two’s impact on the tax treaty network, among many other topics.

Spotlight Series: Carving Your Path in Transfer Pricing
For law students or young practitioners pursuing a career in tax law, there are numerous possibilities to gain hands on experience and knowledge. However, learning about and finding an entry into transfer pricing may be much harder. ABA Transfer Pricing Committee founders Niraja Srinivasan and Liz Stevens joined “GILTI Conscience” hosts Nate Carden and David Farhat, committee vice chair Eman Cuyler and associate Stefan Victor to discuss a unique classroom-to-boardroom mentorship program for those interested in a career in transfer pricing, as well as for experienced professionals who are eager to share their enthusiasm on the subject and help guide the next generation of transfer pricing leaders.

Spotlight Series: Beyond the Technical Side of Tax Law
In the second installment of the “GILTI Conscience” pro bono spotlight series, Palo Alto associate Katy Stone delves into how she has used her corporate tax knowledge to tap into the often overlooked emotional side of tax law. Along with hosts Nate Carden, David Farhat and Stefane Victor, Ms. Stone discusses how young tax attorneys can engage in a wealth of pro bono opportunities that have a measurable impact on the lives of disadvantaged taxpayers.

An In-Depth Look at International Tax in Africa: Part 2
In this episode of “GILTI Conscience,” our Skadden hosts continue their conversation with guests Lolade Ososami and Zach Pouga on the many tax intricacies throughout the African continent.

An In-Depth Look at International Tax in Africa: Part 1
In the first of a two-part “GILTI Conscience” series, we detail transfer pricing across the African continent, as well as taxation in the region generally.

The UK Tackles Pillars One and Two
In the latest episode of Skadden’s “GILTI Conscience” podcast, we hear from European tax head James Anderson and London tax partner Alex Jupp on the status of Pillar One and Pillar Two in the U.K. and throughout the European Union. Skadden partners Nate Carden and David Farhat and associates Mayté Quinn Salazar and Stefan Victor host the conversation, which focuses on the implementation of the pillars, as well as their implications for multinationals across the continent.

Spotlight Series: Pro Bono Opportunities in the Tax World
The latest episode of Skadden’s “GILTI Conscience” podcast spotlights how, despite perceptions to the contrary, tax attorneys have a wealth of opportunities to do pro bono work focused on their area of law. Hosts Nate Carden, David Farhat and Stefane Victor are joined by associate Jaclyn Roeing, who explains how she was introduced to pro bono tax work and the positive impacts it can have on attorneys’ careers as well as their communities. Jaclyn also provides tips on how others can become involved.

Talking Transfer Pricing and the Arm’s Length Principle With Mike McDonald
In the new episode of our tax podcast, “GILTI Conscience,” EY’s Michael McDonald discusses whether the OECD’s DEMPE transfer pricing guidelines are being properly interpreted, including whether some jurisdictions are placing too much emphasis on functions, and not enough on capital at risk and other factors. Additional topics include whether the DEMPE guidelines really can produce more consistent, fair results across jurisdictions.

Blockchain for Beginners: Basic Tax Issues for Digital Assets
In this episode of Skadden’s “GILTI Conscience” podcast, hosts Nate Carden, David Farhat and Stefane Victor discuss taxation issues for digital assets such as bitcoin and stable coins with Roger Brown, the global head of Tax Controversy at the blockchain data platform Chainalysis.

Tax Legend Fred Goldberg Shares Insights From His 50 Years in Tax Law
In the new episode of our tax podcast, “GILTI Conscience,” Fred Goldberg shares insights from his illustrious five-decade career in tax law, from his time as a junior associate through his service as the commissioner of the IRS and assistant secretary of the Treasury for Tax Policy and his nearly 30 years as a Skadden partner. Fred and hosts Nate Carden and David Farhat discuss the differences between public service and private sector careers, why tax remains the least diverse practice at Big Law firms and how tax attorneys can help low-income families, among other topics.

The Issue Behind 'Almost All' Transfer Pricing Cases: Ex Ante or Ex Post Basis
In episode seven of "GILTI Conscience," hosts Nate Carden and David Farhat talk with Keystone Strategy's Bram Isgur about the issue underlying most major transfer pricing cases: whether to look forward to see what pricing should be for events that have not yet happened or to wait and look back at what has already occurred. As Bram acknowledges, there is no perfect solution: Transfer pricing theories are ex ante, transfer pricing audits are ex post, and OECD guidelines and U.S. transfer pricing rules are a mix of the two.

Navigating the Once-Obscure German Nonresident Withholding Tax
In this episode of Skadden’s “GILTI Conscience” podcast, partners Nate Carden and David Farhat discuss the German nonresident withholding tax with partner Johannes Frey, in the Frankfurt office, and Ryan Lange and Kerim Keser of the consulting firm Kroll. This once-obscure tax rule, which applies to intellectual property licenses registered in Germany, has been confounding multinational companies since the tax authorities began applying the rule in recent years. As Nate explained by way of an example, “If you have a U.S. multinational company that licenses its IP to its operating headquarters in some other country, not Germany ... the idea is that to the extent that the royalties relate to German-registered rights, Germany would assert the ability to withhold even though they’re not on either side of the transaction.”

New Regulation: Statutes, Pillars and the Build Back Better Act
In the new episode of our tax podcast, “GILTI Conscience,” partners Nate Carden and David Farhat speak with Skadden of counsel Paul Oosterhuis and associate Huzefa Mun about tax legislation, including how the potential failure to pass the Build Back Better Act might impact the Treasury Department’s implementation of future guidance, including Pillar One and Pillar Two.

The Tax Legislation Process and What to Expect in 2022
In the new episode of Skadden's "GILTI Conscience" podcast, partners Nate Carden and David Farhat talk with about the "art" of drafting and passing tax legislation with Loren Ponds, a former tax counsel for the House of Representatives' Ways and Means Committee. "Taxpayer feedback is kind of essential to the process," Loren says. "Thinking about policy and how we think the rules should or will operate is very different when faced with taxpayer-specific fact patterns."

Spotlight Series: The Importance of Diversity, Equity & Inclusion in Tax Law
In the latest episode of Skadden's tax podcast "GILTI Conscience," hosts Nate Carden and David Farhat talk with associates Eman Cuyler and Stefane Victor about Black identity and lawyering, particularly among tax practitioners. As David puts it, in a legal discipline that uniquely benefits from a wide breadth of experiences and perspectives, the need to navigate "whiteness" and "maleness" can be particularly acute.

Arm's Length Principle Vs. Implicit Support: What's the Way Forward?
In episode two of "GILTI Conscience," tax partners Nate Carden and David Farhat talk with economist Bram Isgur of Keystone Strategy about the transfer pricing implications for intercompany loans and guarantees. "The stakes are huge," David says. "A lot of clients have to fund themselves. They have to move money across borders, and how governments look at that and how everyone gets their appropriate piece of the pie can become very complicated."

Musings on Multinational Tax: What to Expect From GILTI Conscience
In episode one, "Musings on Multinational Tax: What To Expect From GILTI Conscience," Nate and David speak with associates Eman Cuyler and Stefane Victor about the impact of COVID on taxation, recent notable headlines, why “where” became the wrong question for determining tax implications, the top challenge this year for multinationals, and whether tax reform is exciting or terrifying for practitioners.