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International Tax: NIIT Relief, Income Tax Treaties, and Relevant Cases

INTERNATIONAL TAX: NIIT RELIEF, INCOME TAX TREATIES, AND RELEVANT CASES

Cost Free
Presentation Length 1.0 hour

Recorded DateApril 17, 2024
CPE:Not available
(archived webinars do not offer CPE credits)
Subject AreaTaxes
Course LevelBasic
Course Description

Recent Court rulings have directly addressed Net Investment Income Tax (NIIT) relief available through application of income tax treaty provisions. The case Christensen v. United States validated a taxpayer's request for NIIT relief, while the case Toulouse v. Commissioner resulted in a similar claim.

This course will provide basic background on NIIT/tax treaty interplay as well as analyze the two recent rulings. We will then provide potential guidelines for seeking NIIT relief under treaty terms and discuss favorable/unfavorable factors.

Learning Objectives:


  • Identify recent case law developments in the NIIT relief context

  • Recognize the basics of income tax treaties and NIIT application

  • Evaluate the current case law to interpret and determine relevant standards

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Patrick McCormick is an attorney with over a dozen years of experience, focusing his practice specifically on international taxation. Mr. McCormick represents both business and individual clients on all aspects of United States international tax rules, both from an income tax and estate/gift tax perspective. Having previously served as a partner at a large law firm, a midsized accounting firm, and a boutique tax law firm, Patrick’s client exposures have covered every conceivable area of American-side international tax matters. Patrick has also represented every type of taxpayer – from multibillion-dollar business enterprises and ultra-high net worth individuals to startups and individuals with complex questions but limited budgets.

Mr. McCormick has worked with clients located in over 90 countries on American tax considerations of multinational activities, cultivating specialized knowledge in every area of United States international tax rules. His explicit practice focus has facilitated an unparalleled expertise in the field; Patrick is trusted by clients and advisors around the world to obtain optimal results on international tax matters.

Mr. McCormick is a primary and prolific authority on tax matters. He has spoken on all aspects of international tax to hundreds of thousands of attendees around the globe, functioning as the primary international tax resource for national organizations including CPAacademy.org, Strafford, Lawline, and Leimberg Information Services. Patrick has presented for the American Bar Association, the American Immigration Law Association, and state and local bar associations around the United States. He is a regular contributor to America’s premier tax law publications, including Tax Notes, Journal of Taxation, Tax Notes International, Law360, and Practical Tax Lawyer.

Mr. McCormick published his first treatise on international tax matters, Allocation and Apportionment Rules Under Secs. 861-865, for Thomson Reuters’ Catalyst platform, in October 2021. In late 2021, he also released a 15-hour digital course entirely dedicated to nonresident taxation, United States Tax Considerations for Nonresident Taxpayers. Mr. McCormick has been named a Super Lawyers Rising Star from 2016-2022.
 

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