Conformity to Federal Reform's International Provisions Could Spark Litigation - McDermott Will & Emery

Conformity to Federal Reform’s International Provisions Could Spark Litigation

Overview


Alysse McLoughlin said at a National Conference of State Legislatures meeting that states should avoid new base erosion and anti-abuse tax provisions as unconstitutional. “There are constitutional principles that say you can’t treat foreign companies worse than you treat domestic companies [and that] you can’t treat out-of-state companies worse than you treat your own in-state companies,” Ms. McLoughlin explained.