How to navigate economic substance guidance

December 10 2011

On July 15 the Internal Revenue Service’s (IRS) Large Business & International (LB&I) division issued guidance to IRS examiners and examination case managers in the form of a directive concerning the application of the economic substance doctrine (ESD) that was recently codified in section 7701(o) of the Internal Revenue Code. Andrew Kim and William Skinner of Fenwick & West explain how taxpayers can navigate through the ESD, and also discuss recent US tax developments.

Unlock this content.

The content you are trying to view is exclusive to our subscribers.

To unlock this content:

Take a Free Trial or Login

more across site & shared bottom lb ros

More from across our site

Direct Tax

MHA records 12% revenue rise a year on from London IPO

The UK advisory firm has seen its global revenues expand by £27.2m following its listing and acquisition of Baker Tilly South-East Europe

Sam Sholli, July 21 2026

Direct Tax

KPMG Australia’s new CEO vows to improve culture following scandal

Tax-trained John Sams, previously the firm’s CFO and COO, was appointed after a rigorous process, KPMG said

Tom Baker, July 21 2026

Transfer Pricing

Pay attention to tax when taking IP across borders in Africa

From Mauritius substance rules to Kenyan SEP tax and South African anti-avoidance measures, businesses must navigate growing scrutiny of cross-border IP structures in Africa

The tax team at Bowmans, July 21 2026

Direct Tax

Beyond the headlines: Lessons from pillar two’s first and farcical filing deadline

ITR spoke to multinationals, advisers and software providers about a June 30 deadline defined by faulty portals, high compliance costs and hard lessons

Tom Baker, July 20 2026

Direct Tax

Compliance frustration onerous pillar two

A taxing week: Pillar two revenue shortfall a gut-punch for MNEs

After years of onerous pillar two prep, businesses will be galled in seeing tax revenues outweighed by compliance costs

Tom Baker, July 17 2026

Direct Tax

The EY US dispute: why secondment structures need fresh Indian review

Tax advisers should revisit India secondment arrangements after the EY US ruling strengthened the Centrica precedent and raised fresh withholding concerns

Aditi Goyal, July 16 2026

Direct Tax

Pillar two revenues lower than anticipated, OECD admits

Despite the shortfall, effective tax rates of multinationals have seen a ‘statistically significant rise’

Sam Sholli, July 15 2026

Direct Tax

Behind the hire: Stuart Alter on developing Milbank’s fund formation practice

After joining Milbank from Akin Gump, the fund tax specialist discusses sponsor demand, practice building, and the tax challenges facing asset managers

Tom Baker, July 15 2026

Direct Tax

KPMG Australia set to axe hundreds of jobs amid scandal: AFR

Partner payouts could also be reduced by a fifth, it has been reported

Sam Sholli, July 14 2026

Direct Tax

US trade body criticises ‘inconsistent’ EU pillar two exemption

There is no logical reason not to extend an exemption from EU CFC rules to multinationals headquartered in side-by-side jurisdictions, USCIB said

Sam Sholli, July 14 2026