Tuesday, January 8, 2019
J. Clifton Fleming (BYU), To What Degree Does Customary International Law Require Accommodation of a Source Country's Right to Tax High, Tax Low, or Not Tax at All?:
If source country income tax exceeds residence country income tax, customary international law does not require a residence country to reimburse its residents for the excess even though failure to reimburse interferes with the source country's right to tax high.
Where residence country income tax exceeds source country income tax, customary international law does not prohibit a residence country that employs a foreign tax credit from collecting a residual tax even though the residual tax interferes with the source country's right to tax income low or not at all.