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U.S. Treasury Responds to Senate Request to Consider Tougher Response to Perceived Targeting of U.S. Companies in EU State Aid Investigations

09 March 2016

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United States-European Union

In a letter dated 2 March 2016, U.S. Treasury Assistant Secretary for Legislative Affairs responded to a request from the Senate Finance Committee for a tougher response to the perceived targeting of U.S. companies in recent EU State aid investigations ({News-2016-01-20/A/3- previous coverage}). A particular area of note is that Treasury is reviewing whether the State aid investigations amount to discriminatory taxation under Internal Revenue Code Section 891. Section 891 was enacted in the Revenue Act of 1934 and includes the provision that if the president finds that a corporation of the U.S. is being subject to discriminatory or extraterritorial...