Melanie Cohen

4 days ago | news.bloombergtax.com | Daniel Xu |Melanie Cohen

A unanimous US Supreme Court decided last week that a plaintiff claiming a transaction is “prohibited” under the Employee Retirement Income Security Act’s Section 406(a)—which prohibits certain transactions between an employee benefit plan and “party in interest”—has no burden to also plead that the transaction doesn’t otherwise fall within an enumerated exemption to these transactions under ERISA Section 408. The ruling inCunningham v.

5 days ago | news.bloomberglaw.com | Daniel Xu |Melanie Cohen

Last month, the IRS Advance Pricing and Mutual Agreement program released its annual APA report describing the experience, structure, and activities of the program in 2024. The report indicates that APAs remain an effective, often-used process to avoid transfer pricing disputes, especially as shifting tariff policies could add greater complexity. Overall, APMA had another successful year in negotiating and resolving APAs with taxpayers and treaty partners.

6 days ago | news.bloombergtax.com | Daniel Xu |Melanie Cohen

“High agency” is when a person feels in control, owns responsibility and decisions, and believes they can shape their destiny. For legal leaders, it means proactively driving outcomes and influencing business strategy, not simply reacting to issues. In-house legal leaders with high agency don’t just flag risks; they find solutions, navigate complexity, and position themselves as indispensable partners.

6 days ago | news.bloomberglaw.com | Melanie Cohen |Daniel Xu

If the federal government outside of the IRS wants access to taxpayer data, it must prove the need, protect the data, and make the use transparent. Right now, none of that is happening. The Elon Musk-led Department of Government Efficiency is seeking expanded access to the IRS’s most sensitive databases, claiming it wants to root out fraud and streamline oversight. But granting access without strict limits risks undermining the privacy protections that should undergird US tax law.

6 days ago | news.bloomberglaw.com | Melanie Cohen

Multinational companies and their tax advisers should familiarize themselves with Brazil’s new indirect tax reform—which introduces two new taxes on goods and services and redefines the place of supply—to avoid applying inappropriate criteria and being subject to tax assessments. The general regulation of the Brazilian tax reform on indirect taxes was published in January and introduced a tax on goods and services, called IBS, and a contribution on goods and services, called CBS.