🌎 This week, Tax Notes International features two articles from LatAm authors about the extraterritorial impact of The Supreme Court of the United States decision in Moore v. United States (https://bit.ly/3YDtCIm).
One article is titled “Brazil and U.S. Both Debate the Realization of Taxable Income”, and it is authored by Caio Malpighi and Leonardo Aguirra de Andrade. They highlight the similarities and differences between income taxation in Brazil and the United States, and in doing so they discuss whether Brazilian courts are inclined to rule on cases like Moore in a similar fashion. You can find their piece available (through a paywall) here: https://bit.ly/3AkwFv0
The other article was written by our founder Lucas de Lima Carvalho and it is titled “The Challenges of Importing Moore”. In this piece, the author extracts from the four opinions in Moore (the majority opinion, the two concurring opinions, and the dissent) the elements that courts from other countries might view as “importable”. He also highlights the concerns that those courts should take into account when importing Moore into their case law, given the particular history and structure of the U.S. tax system. His article is available (through a paywall) here: https://bit.ly/3LXBZqK
If you are interested in learning more about realization and control as requirements for the imposition of income taxes in LatAm, here is a list of articles on the topic recommended by the Latin American Tax Policy Forum (LATPF):
➡ “As Diferentes Dimensões Normativas da Realização da Renda” (“The Different Normative Dimensions of Income Realization”), by Marcos Vinicius Paiva. Published by IBDT – Instituto Brasileiro de Direito Tributário (2024). Available in Portuguese at: https://bit.ly/3SL0XgZ
➡ “Constructive Ownership and the Meaning of Control for CFC Purposes”, by Lucas de Lima Carvalho. Published by Tax Notes (2024). Available at: https://bit.ly/3UWcPOA
➡ “Sobre el Concepto de Renta y del Incremento de Patrimonio” (“On the Concept of Income and Increase in Assets”), by Rafael Martínez Cohen. Published by Universidad de Concepción (2020). Available in Spanish at: https://bit.ly/4fGC2VK
➡ “Cambio de enfoque en la determinación del impuesto de renta para personas naturales en Colombia a partir de la Ley 1819 de 2016” (“Change of focus in the determination of the income tax for natural persons in Colombia from Law 1819 of 2016”), by Jesús Alexander Pinillos Villamizar. Published by Revista Espacios (2018). Available in Spanish at: https://bit.ly/3An2nrK
➡ “Del régimen de entidades controladas del exterior, características e implicaciones de su incorporación en el régimen tributario colombiano” (“The Controlled Foreign Company, characteristics and implications of its incorporation in the Colombian Tax Regime”), by Julieta Ospina Garcia. Published by Universidad Externado de Colombia (2018). Available in Spanish at: https://bit.ly/3Ai9CAZ
