Tax Base Erosion: Reformation of Section 482's Arm's Length Standard

The objective of this Article is to enter this policy debate by posing an effective section 482-based solution to the HI/BEPS problem that achieves each of the enumerated fiscal policy objectives. To formulate such a solution, the reasoning behind the HI/BEPS problem must be understood; thus, an analysis of the root cause of this phenomenon is set forth in Part III. In Part IV, we outline the various solutions to the HI/BEPS problem that have already been proposed. Finally, in Part V, we outline our proposed recommendation.

It is our belief that policymakers, MNEs, and Congress all have a shared interest in finding a mutually acceptable solution to the HI/BEPS problem, yet no solution has garnered broad support.