Tax liabilities in bankruptcy can be one of the most complex and challenging aspects of a distressed company’s restructuring. Fortunately, the Bankruptcy Code offers powerful, though underutilized, tools to address tax concerns. In combination with the U.S. Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo, which overturned the long-standing Chevron doctrine, these tools provide a potentially transformative way to contest certain tax liabilities—particularly related to cancellation of indebtedness income (CODI).
A&M's tax expert Kevin M. Jacobs and Anthony V. Sexton from Kirkland & Ellis co-authored a recent article in the American Bankruptcy Institute Journal that explores how the Loper Bright decision, coupled with § 505 of the Bankruptcy Code, creates an opportunity to challenge controversial Treasury regulations that may lead to inflated tax liabilities, especially in debt restructuring scenarios.
Key Tax Ruling on Outbound Software Payments: Business Profits vs. Royalties
September 11, 2025
Thailand's latest tax ruling on outbound software payments introduces a rights-based approach to classify payments as business profits or royalties. This shift aligns with international tax standards and impacts cross-border technology transactions, including cloud computing and custom software development. Learn how to optimize withholding tax exposure under this new interpretation.
Managing Director Kevin M. Jacobs Featured in The Wall Street Journal
September 11, 2025
A&M Tax Managing Director Kevin M. Jacobs was recently featured in The Wall Street Journal in an article highlighting the cash savings companies are benefiting from under the new tax law.
Changes Coming to the Washington Sales Tax Landscape on October 1, 2025
September 11, 2025
In May 2025, Washington enacted multiple tax bills into law, including Senate Bill 5814 (SB 5814), which takes effect on October 1st and will broaden the sales and use tax base and the Business and Occupation (B&O) tax retailing classification to include several new services.
US-Mexico treaty notification and protective claim requirements
September 8, 2025
Companies in Mexico with a local presence that are currently undergoing, or may in the future undergo, a tax review for FY 2020 of its transfer pricing policies involving the United States, need to file a protective claim/notification no later than September 30th, 2025.
