2026

The article examines how FIRPTA’s treatment of intangible rights remains unclear for transportation infrastructure projects, even as foreign investment in AI-related data centers and supporting infrastructure becomes increasingly important. Yu argues that while recent FIRPTA reforms and REIT structures provide clearer treatment for data center investment, foreign investors in public-private transportation concessions still face uncertainty over whether operational permits, licenses, and tolling rights constitute U.S. real property interests.  

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The European Union wants the main parts of a US trade deal adopted by July, as it pushed Washington to respect previous commitments made under the pact.

The article discusses disagreement among EU member states over whether windfall taxes on energy companies should be imposed at the EU level or left to national governments. Germany, Austria, Portugal, and Spain supported an EU-wide approach, while the Eurogroup president emphasized that taxing windfall profits remains a national policy decision that must take into account energy security, supply chains, and infrastructure investment.  

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The article examines renewed calls for a windfall profits tax on oil and gas companies following price increases tied to conflict in Iran. It discusses the political and practical difficulties of imposing sector-specific taxes, including concerns about revenue generation, energy markets, and long-term investment incentives. 

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The article criticizes Germany’s Federal Central Tax Office for denying treaty-based withholding tax relief to U.S. investors in German entities treated as fiscally transparent under the U.S. check-the-box rules. The authors argue that Germany’s position misapplies Article 1(7) of the Germany-U.S. tax treaty by focusing on the classification of the German payer rather than whether the income is taxed at the U.S. resident level.  

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AI is changing the practice of tax law. This series examines China’s Golden Tax IV system, powered by Big Data and AI, is actively rewriting the rules of tax enforcement—intensifying audits with a precision that increasingly catches companies off guard. 

Professor Herzfeld examines the first reporting season under FASB’s expanded income tax disclosure rules. The article highlights that the new disclosures provide greater detail regarding companies’ federal, state, foreign, and jurisdiction-specific tax payments. The article connects financial accounting disclosures to broader debates over income tax policy and examines the impact of FDII, research credits, energy credits, Pillar 2, foreign tax rules, and other statutory incentives on corporate effective tax rates.  

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The article contrasts Reform UK’s proposed tax cuts with the Green Party’s wealth tax and previews how smaller parties might influence tax debates. Reform UK’s platform emphasizes lower taxes on businesses and individuals, while the Green Party would shift more of the tax burden onto wealth, capital gains, and high-income taxpayers. 

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The article analyzes how remote, hybrid, and digital nomad work, as well as employer-of-record models, create new tax challenges, including those related to personal income tax, permanent establishment, profit attribution, and transfer pricing. The authors argue that existing treaties and OECD frameworks assume traditional work patterns, leading to uncertainty over presence tracking, withholding, PE risk, and profit attribution for home-office PEs.  

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Rising energy profits have renewed debates over windfall taxes in Europe and beyond. This article examines how governments consider taxing extraordinary gains in globally integrated industries. It reflects broader tensions between revenue generation, investment incentives, and international competitiveness.

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