13 May 2025
Crossing Borders, Cutting Taxes: U.S. Tax Treaties in Global Transactions
The United States has tax treaties with nearly 70 countries to prevent double taxation and curb tax evasion. These treaties, based on Article II, Section 2 of the U.S. Constitution, are reciprocal and generally apply to both countries involved. For U.S. citizens or residents receiving income from a treaty country, these treaties can provide credits, deductions, exemptions, and tax rate reductions. In 2025, tax treaties are crucial for minimizing tax barriers and ensuring fair taxation in a globally interconnected economy. Recent changes include the new U.S.-Chile income tax treaty, effective for withholding taxes on payments made on or after February 1, 2024. Limitations on Benefits (LOB) provisions prevent treaty shopping, where nonresidents exploit treaties for favorable tax treatment. Tax treaties also play a critical role in the taxation of business profits, addressing the concept of permanent establishment (PE) and the classification of income, helping businesses navigate international taxation challenges.
Related Content
- U.S. Tax Treaties (Limitation on Benefits and Treaty Shopping)
Review the limitations on treaty benefits and the phenomenon of treaty shopping within the context of U.S. tax treaties. The strategic use of a country's tax treaties by nonresidents to gain favorable tax treatment in treaty shopping refers to transactions with third countries. This practice often involves routing income or investments through jurisdictions with advantageous treaty provisions, such as reduced withholding tax rates or exemptions from certain taxes.
- Business Profits Taxation under U.S. International Tax Treaties
Explore the taxation of business profits under U.S. international tax treaties, focusing on the critical role tax treaties play in preventing double taxation and clarifying cross-border tax obligations. The practice note explores the concept of PE and the classification of income, providing practitioners with the necessary insights to navigate international taxation challenges.
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- Tax Legislation. Congressman Brendan F. Boyle (PA-02), Ranking Member of the House Budget Committee and member of the Ways and Means Committee, introduces bicameral legislation to ensure that millionaires pay a higher tax rate than middle-class Americans. The bill would establish a 30% minimum tax on individuals earning more than $1 million annually. Paying a Fair Share Act of 2025.
- Business Entities. IRS provides various prescribed rates for federal income tax purposes including the applicable federal interest rates, the adjusted applicable federal interest rates, the adjusted federal long-term rate, and the adjusted federal long-term tax-exempt rate as prescribed by I.R.C. § 1274. Rul. 2025-10.
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