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We are here to talk about the Altera opinion. That just got issued by the ninth circuit this past Tuesday Gregg to start tell us what we really need to know about the Altera. Well in Tara the Ninth Circuit overturned the Tax Court and held cost-sharing regulation requiring car sharing parties to share stock based compensation expenses was a. Valid regulation so now it's possible that altaira could ask the Ninth Circuit to rehear the case or can petition the Supreme Court to review the decision but that's very uncommon so the likelihood right now is that this will become a final Ninth Circuit decision what kinds of issues can clients expect to deal with as a result of the. Decision well the immediate impact is for companies with car sharing agreements those companies will have to consider how to deal with their stock based compensation issues. Like on their 2017 tax returns which meaning companies are finally shortly or what their exposure is for adjustments. For prior years of the IRS now it takes a decision and pursues examinations of this issue and what position to take on this issue going. Forward under the car sharing arrangements and finally to wrap up what are some key. Takeaways for our clients well one of the key developments in this case is the the Ninth Circuit's interpretation of the arms-length standard under Section 42 the decision really said that the IRS has authority to depart from strict arms-length comparability and to. You know seek other kind of standards to allocate income under section 42 like matching income and expense basically so the real broader question going forward is you know whether the IRS and Treasury will take. This guidance to start taking. Adopting positions that depart. From strict arms-length comparability the kind of things that we look at in the transfer pricing practice all the time and either take those kinds of positions and regulations or in examinations or in other contexts thank you Greg we will continue. To keep you updated on.

 


Altera Corporation Company News

Tue, 07 May 2019 14:24:40 GMT
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