International Taxation Certificate 1

Puerto Rico, and all U.S. states except California. Georgetown is also INTERNATIONAL TAXATION authorized separately to deliver online education to students residing in California. For more information on state authorization, including state CERTIFICATE complaint processes and refund policies the university is required to comply with, please visit Georgetown's office of Compliance and Ethics Georgetown offers a Certificate program in the increasingly important web page: https://compliance.georgetown.edu/student-consumer- field of international taxation. information/distance-education

The Certificate is open to both U.S. and foreign-trained lawyers, as well as For more information on SARA please visit: https://www.nc-sara.org/ non-attorney tax professionals, and can be completed together with the Tax LL.M. degree (https://curriculum.law.georgetown.edu/llm/llm-llm- Disclosure Regarding Professional Licensure programs/llm-taxation) or on a stand-alone basis. Georgetown Law's online programs, which include the Executive LLM in Taxation, Executive LLM in Securities & Financial Regulation, MSL in The Certificate in International Taxation can also be completed entirely online Taxation, and Certificates in International Tax and State and Local Tax, (http://curriculum.law.georgetown.edu/llm/llm-online-parttime-options). will not lead to professional licensure and will not qualify a student to sit for any state bar exam. Requirements for U.S.-Trained Students and all Online Students: Search LL.M International Taxation Certificate Courses (http:// • All students must take a minimum of 10 specialization credits. curriculum.law.georgetown.edu/course-search/?program=program_89) • Prerequisites: All students must have successfully completed a course in basic federal income taxation or take Georgetown’s LAW 710 v00 Advanced International Taxation (http:// online course, Foundations of Federal Income Taxation, prior curriculum.law.georgetown.edu/course-search/?keyword=LAW to enrolling in the Certificate program. All students must have %20710%20v00) also completed a basic course in corporate taxation in their LL.M Course (cross-listed) | 2 credit hours JD program or complete Corporate Income Tax Law I in their This course is designed for those students that wish to gain a deeper first semester as part of the Certificate program (which would understanding of the effect of certain U.S. rules governing the taxation increase the required number of credits to 12). of U.S. persons doing business overseas and foreign persons doing • Program Course Requirements: 1) U.S. Inbound International business in the United States. The course will cover a broad range of Taxation; 2) U.S. Outbound International Taxation; 3) Tax topics with particular emphasis on the tax consequences of cross-border Treaties; 4) Survey of Transfer Pricing (available online) or reorganizations, liquidations and taxable acquisitions and dispositions. Transfer Pricing: Selected Topics; 5) One additional course The course will cover the tax consequences of outbound transfers of in international taxation (a minimum of 2 credits). Advanced assets, foreign-to-foreign transfers of assets, and inbound transfers International Taxation, Comparative Tax Law, and International of assets. Students will be expected to have a working knowledge of Tax Controversy are available for students completing the corporate taxation, and transactional aspects of subpart F and the Certificate online. foreign tax credit rules.

Requirements for Foreign-Trained Students: Prerequisite: Corporate Income Tax Law I (or Corporate Taxation (formerly Taxation II)); International Tax (or U.S. International Outbound • All students must take a minimum of 10 specialization credits. Tax (formerly: U.S. Taxation of Domestic Persons With Activities Outside • Prerequisites: Distance students may complete the Certificate of the U.S)) in International Taxation in conjunction with the LL.M. degree or Recommended: Prior or concurrent enrollment in Corporate Income Tax on a stand-alone basis. All students must have also completed Law II (or completion of Corporate Taxation (formerly Taxation II)). a basic course in U.S. corporate taxation or complete Corporate Income Tax Law I in their first semester as part of the Certificate program (requiring the completion of twelve credits rather than 10 to complete the program). • Program Course Requirements: 1) International Tax (Fall semester); 2) Tax Treaties (Spring Semester); 3) Survey of Transfer Pricing (Fall semester) or Transfer Pricing: Selected Topics (Spring semester); 4) Three additional credits of coursework in international taxation

Contact Information To learn more, please contact: Stafford Smiley, Faculty Advisor, International Tax Program Phone: (202) 662-9906 Email Address: Stafford Smiley ([email protected])

Note on State Authorization to offer Online Programs Georgetown Law is a member of the State Authorization Reciprocity Agreement (SARA), which allows online programs that demonstrate compliance with their home state's authorization requirements to enjoy reciprocal authorization in all other SARA states, which include D.C., 2 International Taxation Certificate

LAW 757 v01 Comparative Tax Law (http:// LAW 2038 v00 Current Issues in Tax Policy (http:// curriculum.law.georgetown.edu/course-search/?keyword=LAW curriculum.law.georgetown.edu/course-search/?keyword=LAW %20757%20v01) %202038%20v00) LL.M Course (cross-listed) | 2 credit hours LL.M Seminar (cross-listed) | 2 credit hours Provides an introduction to the study of comparative tax law. The This colloquium will offer students an opportunity to examine current tax coverage is broad, touching on many countries and types of taxes, policy issues in depth and at an advanced level, with discussions led by as well as the general legal framework for tax law and tax procedure. policymakers, economists, and other tax experts. The course will discuss Emphasis is on the income tax and, to a lesser extent, value added tax. various current and recent legislative proposals at a detailed level and Focus is on underlying structural differences in legal systems, including examine the economic, tax policy, and political considerations underlying constitutional issues, judicial interpretation of tax laws, judicial and the decisions that have been made in each proposal. This will include legislative anti-avoidance doctrines, different approaches to defining infrastructure, wealth tax, cross-border tax, consumption taxes and income, alternative systems for taxing corporations and shareholders, other politically salient tax policy topics. It will explore the economic and problem areas in the VAT (including international services and and policy literature surrounding the issues of economic welfare and e-commerce). The student completing this course will have a basic competitiveness. The course will also examine issues such as tax understanding of how to approach foreign tax law, and tools to better expenditures, debt vs. equity, cost recovery, and various tax incentives. understand the tax system in the student’s own country. Reading materials generally will be supplied and will include economic and tax policy papers, legislative proposals, and technical explanations. Prerequisite: Federal Income Taxation (formerly Taxation I) and prior or The course is intended to be highly interactive with students discussing concurrent enrollment in either Corporate Taxation (formerly Taxation II) design and policy issues with leading experts in the field. The grade or Corporate Tax Law I. for this course will be based primarily on papers that students submit addressing policy topics discussed by the guest speakers. Useful class LAW 1633 v00 Current Developments in International Taxation Seminar participation will be taken into account as a plus in determining the final (http://curriculum.law.georgetown.edu/course-search/?keyword=LAW grade. There will be no final exam. %201633%20v00) J.D. Seminar (cross-listed) | 2 credit hours Prerequisite: Federal Income Taxation (formerly Taxation I). In 2017 the United States enacted a historic tax reform package that represents the most significant change to the U.S. international tax regime since 1986. Four years later, significant changes to that new system are being proposed. Meanwhile, at the multilateral level, the Organisation for Economic Cooperation and Development (OECD) has proposed major changes to the mechanisms for coordinating different countries’ assertion of tax jurisdiction over income earned cross-border, in order to shift some taxing rights to market countries and impose a globally agreed minimum tax on corporate income. The minimum tax proposals interact significantly with the existing U.S. international tax regime, as well as with the more recent U.S. proposals.

This course will study current developments in US international tax policy through a close reading of selected tax regulatory packages associated with the 2017 tax reform. In addition, we will consider the major international tax policy documents published by the OECD and the relationship between the negotiations at the OECD and U.S. international tax policy developments. We will study these documents and the underlying policy considerations, and discuss the impact on U.S. multinational tax planning. We will also speak with government representatives involved in crafting the regulations and negotiating multilaterally.

Students will write short papers with respect to the regulatory packages we examine, and write a final paper reflecting on the strengths and weaknesses (or lack thereof) of the new international tax regime, or particular statutory and regulatory provisions therein of students’ choosing.

Prerequisite: Federal Income Tax and International Tax (or U.S. International Inbound Tax and U.S. International Outbound Tax).

Note: J.D. students may take the seminar pass/fail by professor permission only. International Taxation Certificate 3

LAW 487 v02 EU Tax Law (http://curriculum.law.georgetown.edu/course- LAW 900 v01 Global Indirect Tax: The VAT (http:// search/?keyword=LAW%20487%20v02) curriculum.law.georgetown.edu/course-search/?keyword=LAW LL.M Course (cross-listed) | 1 credit hour %20900%20v01) Tax harmonization within the European Union is very difficult to LL.M Course (cross-listed) | 2 credit hours achieve. Most legislative measures of the European Union in this area During this century, the United States has raised revenue chiefly through require the consensus of all 27 member states. The only real engine of the income tax, which is a per capita or direct tax. In many other harmonization seems to be the European Court of Justice (ECJ). The ECJ countries, fiscal authorities rely far more heavily on indirect taxes. With itself cannot harmonize the tax systems, however, the Court can force the pace of globalization accelerating, U.S. tax professionals increasingly the member states to open their tax systems for tax competition within advise foreign clients, for whom indirect taxes may constitute a large Europe. The judgments delivered by the ECJ are most of the time very percentage of aggregate tax liability. A basic knowledge of how these surprising, even to experts. taxes work is thus a valuable asset for any lawyer doing corporate or international tax work. The course focuses on very recent judgments of the Court of Justice. By analyzing some selected judgments, students should learn about the This course will introduce students to indirect taxation, exemplified by guiding principles of European tax law, as they have been developed by the European Union’s Value Added Tax (“VAT”) and Canada’s Goods and the ECJ on a case to case basis, and about the approach of the Court Services Tax (“GST”), two of the fastest-growing indirect taxes globally. and the role the Court plays. Students should get an impression about The course will examine the economic and policy rationales for such possible future developments of European tax law. taxes and study in detail how different types of value added taxes work, including tax calculations and cross-border aspects. Finally, the course Prerequisite: Students need to have taken a basic income tax course will compare the VAT with the retail sales taxes imposed by many U.S. - either about the US tax system or about the tax system of another state and local governments and will consider the feasibility of adopting country. some version of a VAT in the United States. At the end of the course, students will have a broad technical understanding of indirect taxes Note: WEEK ONE COURSE. This course will meet for one week only on and an appreciation of the policy concerns that animate legislative and the following days: Monday, January 11, 2021 through Thursday, January academic discussion of this important subject. 14, 2021, 9:00 a.m. - 12:20 p.m. The course will have a take-home exam that must be completed during the week of Friday, January 29th through This two-credit course will be divided into nine 3-hour class sessions. All Friday, February 5th, 2021. sessions will be taught by global indirect tax professionals from KPMG’s Washington D.C. office. This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students. ATTENDANCE IS MANDATORY AT ALL Prerequisite: Federal Income Taxation (formerly Taxation I). CLASS SESSIONS. Enrolled students must be in attendance at the start of the first class session in order to remain enrolled. Waitlisted students Note: ATTENDANCE IS MANDATORY AT ALL CLASS SESSIONS. Enrolled must be in attendance at the start of the first class session in order students must be in attendance at the start of the first class session in to remain eligible to be admitted off the waitlist. All enrolled students order to remain enrolled. Waitlisted students must be in attendance at the must attend each class session in its entirety. Failure to attend the first start of the first class session in order to remain eligible to be admitted class session in its entirety will result in a drop; failure to attend any off the waitlist. All enrolled students must attend each class session subsequent class session in its entirety may result in a withdrawal. in its entirety. Failure to attend the first class session in its entirety will Enrolled students will have until the beginning of the second class result in a drop; failure to attend any subsequent class session in its session to request a drop by contacting the Office of the Registrar; a entirety may result in a withdrawal. student who no longer wishes to remain enrolled after the second class session begins will not be permitted to drop the class but may request a Enrolled students will have until the beginning of the second class withdrawal from an academic advisor in the Office of Academic Affairs. session to request a drop by contacting the Office of the Registrar; a Withdrawals are permitted up until the last class for this specific course. student who no longer wishes to remain enrolled after the second class session begins will not be permitted to drop the class but may request a withdrawal from an academic advisor in the Office of Academic Affairs. Withdrawals are permitted up until the last class for this specific course. 4 International Taxation Certificate

LAW 509 v01 International Tax (http://curriculum.law.georgetown.edu/ LAW 058 v06 International Tax and Business Planning Workshop course-search/?keyword=LAW%20509%20v01) (http://curriculum.law.georgetown.edu/course-search/?keyword=LAW J.D. Course (cross-listed) | 3 credit hours %20058%20v06) This course is an introduction to the law and policy of U.S. taxation LL.M Seminar (cross-listed) | 3 credit hours of U.S. and foreign persons engaged in cross-border activities. The The Workshop will use a "case study" approach to address the myriad course will address both how individual and corporate foreign taxpayers technical, practical and strategic issues involved in counseling a are taxed by the United States, and how U.S. individual and corporate company as it evolves from a start-up operating out of its founder's taxpayers are taxed by the United States on income earned in or from garage (in the first week of the semester) to a Fortune 100 global other countries. Topics will include U.S. jurisdiction to tax, allocation powerhouse with operations on every continent. Each week's of income, withholding taxes, the foreign tax credit, deferral, transfer hypothetical case study will consist of a fact pattern, including financial pricing, and tax treaties. The course will also consider how the U.S. and operational data, presenting a set of business objectives and/ rules in these areas are influenced by developments in other countries. or problems to resolve. The class will be divided into separate "law The goal of the course is to provide an overview of the relevant law and firms" of 4 or so students per firm. Each firm will be asked each week to policy considerations, with a focus on specific issues that are presently undertake a new project for the senior partner/client relating to the facts contested as a policy matter. Students should leave the course with an and requests for advice/assistance set forth in the case study. Members understanding of the basic framework for U.S. international tax law and a of the firm will then collaborate on a brief written product for presentation sense of some of the policy debates surrounding the current rules. and discussion during the next week's session. The form, format and audience for the deliverable will vary from week to week --a technical Prerequisite: Federal Income Taxation (formerly Taxation I). tax law memo for the VP-Tax, a tax/financial analysis for the CFO, a strategic powerpoint presentation to the CEO or Board, a submission to a Mutually Excluded Courses: Students may not receive credit both for this foreign tax administration, a legislative, treaty or regulatory proposal, an course and for U.S. International Inbound Tax (formerly: U.S. Taxation of outline for an oral argument in an international tax case before a Federal Foreign Persons in the United States); or U.S. International Outbound Tax Circuit panel. The objective of the exercise will also vary from week to (formerly: U.S. Taxation of Domestic Persons with Activities Outside of week --for example, a pre-filing conference memo aimed at persuading the U.S.); or U.S. Taxation of International Transactions. the IRS National Office international rulings personnel to respond Note: Required for foreign-trained Tax LL.M. students pursuing the favorably if a request is filed on a cross-border spinoff; the executive Certificate in International Taxation. summary of a Competent Authority request to resolve a withholding tax interpretative issue under an applicable treaty; strategic analysis and LAW 509 v02 International Tax (http://curriculum.law.georgetown.edu/ recommendations regarding the most tax effective approach to bring course-search/?keyword=LAW%20509%20v02) products to the EU or APAC market, to finance an international acquisition LL.M Course (cross-listed) | 3 credit hours or to tax-effect losses incurred in a particular country operations. The This course is an introduction to the law and policy of U.S. taxation seminar's final exercise will involve yet another twist in the company's life of U.S. and foreign persons engaged in cross-border activities. The cycle. course will address both how individual and corporate foreign taxpayers are taxed by the United States, and how U.S. individual and corporate Prerequisite: Prior or concurrent enrollment in Corporate Income Taxation taxpayers are taxed by the United States on income earned in or from I (or the JD course, Corporate Taxation (formerly Taxation II)) and a other countries. Topics will include U.S. jurisdiction to tax, allocation course in international taxation. of income, withholding taxes, the foreign tax credit, deferral, transfer Mutually Excluded Courses: Students may not receive credit for both this pricing, and tax treaties. The course will also consider how the U.S. course and the J.D. course Corporate Transactions, or the J.D. seminar rules in these areas are influenced by developments in other countries. Business Planning Seminar. The goal of the course is to provide an overview of the relevant law and policy considerations, with a focus on specific issues that are presently Note: FIRST CLASS ATTENDANCE IS MANDATORY. Enrolled students contested as a policy matter. Students should leave the course with an must be in attendance at the start of the first class session in order to understanding of the basic framework for U.S. international tax law and a remain enrolled. Waitlisted students must be in attendance at the start sense of some of the policy debates surrounding the current rules. of the first class session in order to remain eligible to be admitted off the waitlist. Prerequisite: Federal Income Taxation (formerly Taxation I).

Mutually Excluded Courses: Students may not receive credit both for this course and for U.S. International Inbound Tax (formerly: U.S. Taxation of Foreign Persons in the United States); or U.S. International Outbound Tax (formerly: U.S. Taxation of Domestic Persons with Activities Outside of the U.S.); or U.S. Taxation of International Transactions.

Note: Required for foreign-trained Tax LL.M. students pursuing the Certificate in International Taxation. International Taxation Certificate 5

LAW 3063 v00 International Tax Controversy (http:// LAW 846 v00 Tax Treaties (http://curriculum.law.georgetown.edu/course- curriculum.law.georgetown.edu/course-search/?keyword=LAW search/?keyword=LAW%20846%20v00) %203063%20v00) LL.M Course (cross-listed) | 2 credit hours LL.M Course (cross-listed) | 2 credit hours International tax treaties determine why hedge funds are located where This course concentrates on real world civil and criminal tax they are, how motion pictures are financed, whether the dispatch of controversies involving international tax matters facing today’s tax employees abroad is economical, and why financial assets follow practitioners. The course begins with an introduction to the U.S. prescribed international paths. They determine why Netherlands compliance regime, including the obligation to report worldwide and Luxembourg have a large positive balance of trade with the income, specified foreign financial assets and international business United States, and why recording studios are established in the activity. Students will learn the various international tax reporting Caribbean. They determine whether bank accounts in Switzerland obligations, applicable statutes of limitations and tolling provisions, and Liechtenstein are really secret. While tax treaties ostensibly are potential civil penalties under the Internal Revenue Code and the Bank only about dividing up tax bases between countries and exchanging Secrecy Act, options for resolving non-compliance, procedures for information between sovereigns, in reality they channel the flow of challenging proposed and assessed penalties, and the risk of criminal investment and development in the global economy. investigation and prosecution. The course concludes with study of current international enforcement and litigation trends involving cross- This course assumes that students have some familiarity with basic border business transactions and base erosion/profit shifting issues. tax treaty concepts and examines how provisions of the OECD Model Treaty and the United States Model Treaty are used by tax practitioners Prerequisite: Federal Income Taxation to achieve specific business objectives. Students will acquire an understanding of how treaty provisions help shape economic and Recommended: Prior or concurrent enrollment in Federal Tax Practice & financial decisions in different industries and economic sectors. The Procedure or any International Tax Course course uses examples drawn from actual practice to illustrate the creative use of tax treaty provisions. It is designed to be an interactive Note: The course will include occasional presentations by guest speakers experience, with students working on case studies, discussing alternative experienced in the field of international tax. approaches, and using different jurisdictions and changes in the form of LAW 883 v00 Survey of Transfer Pricing (http:// the underlying transaction to achieve desirable tax results. curriculum.law.georgetown.edu/course-search/?keyword=LAW Learning objectives: %20883%20v00) LL.M Course (cross-listed) | 2 credit hours This course is intended to teach the concepts underlying the United The topic of international transfer pricing – that is, how a business States Model Tax Treaty and the OECD Model Tax Treaty. By the end of conducting operations in a number of different countries should divide the course, students are expected to understand how tax treaties are its taxable income among those countries – remains among the most organized and be able to apply the model tax treaties to factual situations practically important of international tax issues. This course seeks in which the tax treaties are applicable. to provide an introduction to the United States' principals and current practice of international transfer pricing, as well as some understanding At the same time, the course is intended to challenge the student to of the historical and conceptual basis of the current system. Specific be aware of the ethical challenges and risks of practice in the area of goals of the course are to assist foreign students in gaining a general international taxation. More and more, tax authorities are not only looking perspective on the United States system and to provide domestic to penalize a taxpayer for improper tax planning, but also the tax advisor students and practitioners a sufficient level of understanding of the who recommended the course of action followed by the taxpayer. By the area and practices to provide a platform for the development of further end of the course, students are expected to be able to understand where interest in the area. the borders of ethical behavior are when developing international tax structures and to be able to analyze risks to the clients and themselves Recommended: Prior or concurrent enrollment in a course in international when working in this area. taxation. Finally, the course is intended to reinforce principles of close reading and attention to the specific wording used in the tax treaties and cases interpreting the tax treaties. By the end of the course, students are expected to be able to read and understand why specific words are used in tax treaties and the significance of these words.

Prerequisite: One course in international taxation.

Note: This course is open to J.D. students by professor permission. Interested students should contact Professor De Vos via email at [email protected] no later than December 1, 2021 for permission to take this class.

Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar; a student who no longer wishes to remain enrolled after the second class session begins will not be permitted to drop the class but may request a withdrawal from an academic advisor in the Office of Academic Affairs. Withdrawals are permitted up until the last class for this specific course. 6 International Taxation Certificate

LAW 897 v00 Tax Treaties (http://curriculum.law.georgetown.edu/course- LAW 743 v00 Transfer Pricing: Selected Topics (http:// search/?keyword=LAW%20897%20v00) curriculum.law.georgetown.edu/course-search/?keyword=LAW LL.M Course (cross-listed) | 2 credit hours %20743%20v00) This is a basic tax treaty course. It will cover fundamental tax treaty LL.M Seminar | 2 credit hours concepts such as residency, permanent establishment, business This course will provide students an opportunity to explore the profits, limitation on benefits, and relief from double taxation (including international taxation topic of transfer pricing through the research and operation of the U.S. foreign tax credit rules). There will be an overview writing of a graduate paper. Students will choose a topic in consultation of treaty provisions that apply to investment income and income from with the instructors, prepare an outline to be submitted to the instructors, the performance of services. In addition, students will learn about make a presentation to the class on their topic, and submit a paper of the interaction of tax treaties with U.S. domestic tax law, the role of at least 22 pages. During the first half of the course, the instructors will international organizations in interpreting tax treaties, procedures for focus on international transfer pricing and related topics. Transfer pricing resolving tax treaty disputes through the competent authority process, involves the division of taxable income resulting from cross border and strategies for researching tax treaties. This course is designed for transactions including the sale of goods and services and the licensing of students with little or no background in tax treaties. However, students intangibles. Transfer pricing typically leads to the largest audit disputes will be expected to have a basic understanding of the U.S. tax rules that between multinational corporations and the national tax administrations apply to foreign persons who receive income from the United States and for the countries in which these companies do business. As a result, U.S. persons who receive income from abroad. The course will be based transfer pricing is a key practical topic in international tax. primarily on the United States Model Income Tax Convention, together with selected case law and administrative authority. We will also look at This course is an advanced topics courses. The introductory course in selected provisions of the OECD Model Tax Convention. transfer pricing is recommended, but not required. Specific lecture topics will include 1) Overview of the international transfer pricing system. 2) Prerequisite: Federal Income Taxation (formerly Taxation I) and prior or Performing a transfer pricing analysis for a particular multinational group, concurrent enrollment in one course in international taxation. and assisting the group in implementation. 3) Current developments including the taxation of services, intangibles, and OECD guidance. LAW 975 v00 The Foreign Tax Credit (http:// 4) Apportioning group-wide expenses. 5) Enforcement issues. 6) curriculum.law.georgetown.edu/course-search/?keyword=LAW Administrative procedures, including IRS examinations, APA procedures, %20975%20v00) and competent authority procedures, and 7) Looking toward the future: LL.M Course (cross-listed) | 2 credit hours what are the most appealing policy options today? In addition to transfer This course will cover the basics and the finer points of the foreign pricing, students may choose paper topics from other international tax tax credit, an important issue for virtually all multinational taxpayers. topics with a practical application including permanent establishments, In the current global economy, knowledge about the foreign tax credit tax treaties, international arbitration, and the competent authority is essential for any tax lawyer and particularly helpful for those who process. represent large corporations or whose practice involves cross-border transactions of any kind. The course will address the mechanics of the Prerequisite: Federal Income Taxation (formerly Taxation I). Code and Regulations, as well as bigger-picture concepts arising in case law and elsewhere. Students will learn the rules that govern who is Recommended: Survey of Transfer Pricing. entitled to a credit; for what taxes a credit may be claimed; and how large LAW 986 v01 U.S. International Inbound Tax (http:// a credit may be taken; and in what year the credit properly accrues. We curriculum.law.georgetown.edu/course-search/?keyword=LAW will also discuss current tax planning issues regarding foreign tax credits. %20986%20v01) Students will gain an understanding of the basic foreign tax credit LL.M Course (cross-listed) | 2 credit hours principles of section 901 of the Code, including the criteria used to Concentrates on the U.S. taxation of foreign persons and foreign determine the creditability of foreign taxes, as well as the principles investments in the United States. The course covers the U.S. taxation governing “in lieu of” taxes creditable under section 903. The course will of passive and business income of nonresident aliens and foreign address the limitations on the foreign tax credit under section 904; the corporations, the source rules, the principles and application of U.S. tax rules governing the sourcing and “basketing” of income; base and timing treaties, special rules governing foreign investment in U.S. real estate and differences; and required adjustments to the amount of foreign taxes other business, cross border financing transactions, the base erosion and paid. Students will also learn the fundamentals of the section 861 rules anti-abuse tax, and tax planning possibilities involved in the foregoing. whereby taxpayers’ deductions are allocated and apportioned to their Prerequisite: Federal Income Taxation (formerly Taxation I) and either foreign-source income for purposes of credit computation. The course prior or concurrent enrollment in Corporate Taxation (formerly Taxation II) will cover the deemed paid credit under section 902 for taxes paid by or Corporate Income Tax I. foreign subsidiaries of U.S. taxpayers; the rules for maintaining pools and layers of earnings and profits and related foreign taxes; the impact Mutually Excluded Courses: Students may not receive credit for both of corporate transactions on E&P and the amount of the credit; and the this course and the J.D. course International Tax Law or U.S. Taxation of interaction with the subpart F regime. Reading materials will focus on International Transactions. the relevant Code provisions and Regulations and on the evolution of the foreign tax credit through case law. Note: Required for U.S. trained students pursuing the Certificate in International Taxation. Prerequisite: Federal Income Taxation (formerly Taxation I), Corporate Income Tax Law I or Corporate Taxation (formerly Taxation II), and a course in International Tax. International Taxation Certificate 7

LAW 756 v01 U.S. International Outbound Tax (http:// LAW 881 v01 U.S. Taxation of International Transactions (http:// curriculum.law.georgetown.edu/course-search/?keyword=LAW curriculum.law.georgetown.edu/course-search/?keyword=LAW %20756%20v01) %20881%20v01) LL.M Course (cross-listed) | 2 credit hours LL.M Course | 3 credit hours Concentrates on the U.S. taxation of U.S. persons and businesses The course will address the principal elements of the U.S. taxation of earning income outside of the United States. The course examines, in international transactions, including both the way in which individual depth, U.S. taxation of the international operations of U.S. multinational and corporate foreign taxpayers are taxed in the United States (Inbound corporations. It covers the recently enacted GILTI rules, the Foreign Tax Taxation) and the way in which U.S. individual and corporate taxpayers Credit provisions, Subpart F, repatriation, section 367, foreign currency are taxed on income earned in other countries (Outbound Taxation). The considerations, Passive Foreign Investment Companies, and overall impact of transfer pricing rules and tax treaties will be addressed in both strategic tax planning, including the significant new U.S. international tax portions of the course. rules and other changes introduced by the 2017 Tax Cuts and Jobs Act. Prerequisite: Federal Income Taxation (formerly Taxation I) and prior Prerequisite: Prerequisite: Federal Income Taxation (formerly Taxation I) or concurrent enrollment in Corporate Taxation (formerly Taxation II) or and either prior or concurrent enrollment in Corporate Taxation (formerly Corporate Income Tax Law I. Taxation II) or Corporate Income Tax I. Mutually Excluded Courses: Students who take this course may not Mutually Excluded Courses: Students may not receive credit for both this enroll in U.S. International Inbound Tax (formerly: U.S. Taxation of course and the J.D. seminar, Congress and the Department of Justice Foreign Persons in the United States) or U.S. International Outbound Tax Seminar: Conflict and Cooperation; or the J.D. seminar, International Tax (formerly: U.S. Taxation of Domestic Persons outside the United States), Planning Seminar; or U.S. Taxation of International Transactions. or International Tax Law. Students who have taken any of these or are currently enrolled in these three courses may not enroll in this course. Note: Required for U.S. trained students pursuing the Certificate in International Taxation. Note: Required for foreign-trained Tax LL.M. students pursuing the Certificate in International Transactions. LAW 881 v00 U.S. Taxation of International Transactions (http:// curriculum.law.georgetown.edu/course-search/?keyword=LAW Withdrawals are permitted up until the last class for this specific course. %20881%20v00) LL.M Course (cross-listed) | 3 credit hours The course will address the principal elements of the U.S. taxation of international transactions, including trade, investment and labor. The initial portion of the course will address the way in which individual and corporate foreign taxpayers are taxed in the United States. The second portion of the course will deal with the way in which U.S. individual and corporate taxpayers are taxed on income earned in other countries. The impact of tax treaties will be addressed in both portions of the course.

Prerequisite: Federal Income Taxation (formerly Taxation I) or equivalent from home country. Strongly recommended for U.S.-trained students: A prior or concurrent course in the taxation of corporations and shareholders.

Mutually Excluded Courses: Students who take this course may not enroll in U.S. International Inbound Tax (formerly U.S. Taxation of Foreign Persons in the United States) or U.S. International Outbound Tax (formerly: U.S. Taxation of Domestic Persons outside the United States), or International Tax Law. Students who have taken any of these or are currently enrolled in these three courses may not enroll in this course.

Note: Required for foreign-trained Tax LL.M. students pursuing the Certificate in International Taxation.