J. Clark Armitage is an experienced international tax lawyer with a focus on transfer pricing.
Mr. Armitage's core practice is advising multinational corporations from a wide range of industries on transfer pricing matters, including planning, audits and appeals, advance pricing agreements (APAs), and Mutual Agreement Procedures (“MAPs”). He has a particularly strong background in APAs, having served eight years in the IRS Advance Pricing Agreement Program, including as Deputy Director from 2008 to 2010, as manager for each of the Auto, Pharmaceutical and Global Dealing APA coordination groups, and as Acting Tax Treaty Manager responsible for Canadian Competent Authority cases.
Mr. Armitage also advises clients on other U.S. international tax issues. He is well-versed with issues arising under the Tax Cuts and Jobs Act of 2017, including GILTI, FDII, BEAT, and foreign tax credit basketing. He represents clients with residency issues before the IRS Treaty Assistance and Interpretation Team (“TAIT”), helps clients navigate the U.S. federal income tax implications of bona fide Puerto Rican residency and status under Puerto Rico Act 20, Act 22, Act 60, and Act 73, and advises on permanent establishment and similar exposures.
During his eight years with the IRS APA Program, Mr. Armitage served as team leader, branch chief, and industry coordinator for three separate groups, as well as Deputy Director. In these roles, he experienced virtually all aspects of the Program's activities. Mr. Armitage led numerous IRS Teams — including, economists, auditors, division counsel representatives, and Competent Authority analysts — in the development, negotiation, and conclusion of APAs. As a frontline supervisor, he reviewed APAs developed by other IRS teams and coordinated development of cases in the industry coordination groups for Financial Products, Pharmaceuticals and Medical Devices, and Auto and Auto Parts. Additionally, Mr. Armitage had Program-wide responsibility for reviewing cases, coordinating technical issues with other branches of the Office of the Associate Chief Counsel (International), and helping ensure that substantive and procedural issues were addressed consistently across the Program.
Mr. Armitage's contributions to the APA Program were bolstered by his detail as a manager for the U.S. Competent Authority's Office of Tax Treaty where he was responsible for supervising and reviewing Competent Authority analysts with responsibility for Canadian cases. In 2008, he was the APA Program's representative to the IRS Transfer Pricing Task Force, which brought together officials from across the IRS with responsibility for transfer pricing enforcement. The Task Force made recommendations that resulted in substantial new hiring of international examiners, the creation of a specialty group of international examiners focused exclusively on transfer pricing, and the formation of a Transfer Pricing Council to coordinate transfer pricing issues across the IRS.
Before joining the APA Program, Mr. Armitage was senior vice president for a venture capital fund management company, and served in London on the U.S. Tax Desk of a major accounting firm. He also has worked with several leading law firms.
An avid lecturer on the topic of transfer pricing, Mr. Armitage speaks before professional associations and at conferences. He formerly taught “Introduction to Transfer Pricing” as an adjunct professor for the Georgetown University Law Center. Recent engagements include:
- Panelist, Pillars I and II: Transfer Pricing and Hard to Value Intangibles (HTVI), Pacific Rim Tax Conference 2021, Pacific Tax Policy Institute, September 9, 2021
- Panelist, APAs & MAP, TP Minds Canada, February 23, 2021
- Moderator, COVID-19 and the Pandemic Recession, NYU School of Law International Tax Program, Transfer Pricing: Burning Issues for 2021, November 24, 2020
- Panelist, Transfer Pricing Insurance: A New Way of Thinking About Tax Certainty?, National Association for Business Economics, 10th Annual NABE Transfer Pricing Symposium, July 21, 2020
- Chair, Working Parties, 7th Annual University of San Diego School of Law Transfer Pricing Symposium, April 2, 2020
- Panelist, APAs & MAP, TP Minds Americas, February 25, 2020
- Speaker, Workshop C: Arbitration in MAP: How to Avoid Pitfalls and Optimize Outcomes, TP Minds Americas, February 24, 2020
- Speaker, Global Perspectives on Transfer Pricing Issues: China, India, and LATAM, ITR Global Transfer Pricing Forum - Europe 2019, September 26, 2019
- Panelist, Impact of U.S. Tax Reform on Transfer Pricing - The Industry View, AICPA & CIMA U.S. Tax Update Conference, September 23, 2019
- Moderator, Structuring to Address the Base Erosion and Anti-Abuse Tax, AICPA & CIMA U.S. Tax Update Conference, September 23, 2019
- Speaker, Recent International Tax Developments in TCJA, 34th Annual Spring Corporate Tax Day, CBIT Education, Inc., June 24, 2019
- Panelist, Transfer Pricing and International Tax: Post TCJA and BEPS, Pacific Rim Tax Conference 2019, Pacific Tax Policy Institute, May 10, 2019
- Chair, Competent Authority, 6th Annual University of San Diego Transfer Pricing Symposium, May 9, 2019
- Panelist, Practical APA Experiences: When, Where & Why?, TP Minds Americas, February 26, 2019
- Moderator, International Tax Workshop, TP Minds Americas, February 25, 2019
- Panelist, Transfer Pricing – A Strategic Planning Imperative Under New U.S. Tax Law, Bloomberg Tax Leadership Forum, November 29, 2018
- Panelist, Dispute Resolution: Case Studies, IICJ Conference, October 16, 2018
- Speaker, Approaching Tax Controversy and Audits Under U.S. Tax Reform, AICPA & CIMA U.S. Tax Reform Conference, September 17, 2018
- Moderator, International Implications for Cross-Border Business, AICPA & CIMA U.S. Tax Reform Conference, September 17, 2018
- Speaker, Present International U.S. Tax Reform Topics: BEAT, GILTI and FDII, International Monetary Fund, Tax Policy Group, May 23, 2018
- Speaker, Impact of Tax Reform on Puerto Rico, Act 20/22 Society, May 4, 2018
- Speaker, Brave New World of International Taxation: GILTI, BEAT, and Section 965, 33rd Annual Spring Tax Day of the Committee of Banking Institutions on Taxation, April 23, 2018
- Speaker, The Recent IRS APMA Report, American Bar Association, Section of Taxation, Administrative Practice Committee, April 18, 2018
- Moderator, The APA Landscape: How APAs Are Affected by "Eaton" and U.S. Tax Reform, TP Minds Americas, February 20, 2018
- Speaker, Workshop B - Advanced TP Dispute Resolution Strategies, TP Minds Americas, February 19, 2018
- Speaker, Implications of the 2017 Tax Act: International, Bloomberg Tax, January 23, 2018
- Speaker, Transfer Pricing Disputes: The Successes and Failures of New Strategies, 5th Annual International Tax Enforcement and Controversy Conference, October 27, 2017
- Panelist, Tax Reform Workshop, National Association for Business Economics, 7th Annual NABE Transfer Pricing Symposium, July 18, 2017
- Panelist, Dealing Effectively with Disputes: When they happen (Part II), OECD International Tax Conference, June 6, 2017
- Moderator, DBCFT: The End of Transfer Pricing As We Know It?, University of San Diego School of Law, 5th Annual USD Transfer Pricing Symposium, April 27, 2017
- Panelist, Transfer Pricing Controversies, ABA Section of Taxation, IBA Taxes Committee, and IFA–USA Branch, April 6, 2017
- Speaker, Tax Reform's Impact, Private Audience of Small Business Owners, March 10, 2017
- Speaker, Workshop D - Successfully Using APAs: Maximizing Opportunities & Avoiding Pitfalls, TP Minds Americas, February 23, 2017
- Moderator, TP Disputes & ADR Opportunities - Advice from the Front Line, TP Minds Americas, February 22, 2017
- Panelist, Transfer Pricing Litigation Through the Lens of Medtronic, ABA Tax Section, January 19, 2017
- Lecturer, Transfer Pricing, University of Michigan Law School, October 13, 2016
- Speaker, Functional Analysis versus Value Chain Analysis (DEMPE), National Association for Business Economics, 6th Annual NABE Transfer Pricing Symposium, July 20, 2016
- Panelist, Analysis of the Master/Local Files (Action 13), Tax Executives Institute Inc., 2016 U.S. International Tax Seminar - BEPS is Now, April 29, 2016
- Moderator, New U.S. Developments: Regulations, Revenue Procedures, Cases and Guidelines, University of San Diego School of Law, 4th Annual USD Transfer Pricing Symposium, April 28, 2016
- Panelist, Using APAs to Mitigate Risk and Disputes in the Age of BEPS, TP Minds Americas, February 23, 2016
- Panelist, Transfer Pricing and the MAP Process—Hot Issues, The National Foreign Trade Council, October 22, 2015
- Transfer Pricing Update: Discussion of Recent Issues and Guidance on Transfer Pricing, American Petroleum Institute, 81st Annual Federal Tax Forum, April 28, 2015
- Moderator, Current TP Litigation: A Presentation – drawing from notable Transfer Pricing court cases of alternative perspectives of the IRS, the taxpayer, and the judge with the panel members undertaking alternating roles, University of San Diego, 3rd Annual Transfer Pricing Symposium, April 23, 2015
- Speaker, TP Controversy & Alternative Dispute Resolution in the Age of BEPS, TP Minds Americas, 2015 Transfer Pricing Summit, February 25, 2015
- Speaker, How the IRS Is Managing Its New Audit Responsibilities: Real-world Experience with the Transfer Pricing Audit Roadmap, the IDR Directive, and New Appeals Guidelines, TP Minds Americas, 2015 Transfer Pricing Summit, February 23, 2015
- Speaker, Transfer Pricing and BEPS, Financial Executives International (FEI), Committee on Taxation Meeting, February 20, 2015
- Panelist, Cross Border Transactions - Transfers of Intangible Property, George Washington University Law School and the Internal Revenue Service, 27th Annual Institute on Current Issues in International Taxation, December 11, 2014
- Speaker, The Correct Transfer Pricing Principle: Whether BEPS Can Adequately Be Addressed Using the Arm's Length Principle, Georgetown University Law Center, Transfer Pricing Symposium, November 6, 2014
- Speaker, APAs and MAPs, Duke University, Transfer Pricing: Policy and Practice, September 18, 2014
- Panelist, Joint Current International Developments Panel - Part II, American Bar Association, 2014 May Meeting, May 9, 2014
- Speaker, OECD BEPS Update, 80th Annual API Federal Tax Forum, April 28, 2014
- Speaker, The New IRS Advance Pricing and Mutual Agreement (APMA) Program for Transfer Pricing: Progress in Case Management and Resolution, University of Maryland, Robert H. Smith School of Business, International Taxation and Transfer Pricing Program, March 27, 2014
- Moderator, Intangible Property Controversy Trends, University of San Diego 2nd Annual Transfer Pricing Symposium 2014, March 27, 2014
- Moderator, Negotiating & Successfully Implementing APAs – Practical Experiences, TP Minds Americas Transfer Pricing Summit 2014, February 19, 2014
- Moderator, Using APAs and MAP to Mitigate Risk and Disputes, TP Minds Americas Transfer Pricing Summit 2014, February 18, 2014
- Speaker, China and India Transfer Pricing Developments, District of Columbia Bar Association, May 1, 2013
- Speaker, Transfer Pricing in Other Countries, U.S. International Tax Networking Seminar, March 1, 2013
- Speaker, Final Cost Sharing Regulations, District of Columbia Bar Association, February 1, 2012
- Speaker, Enforcement Update: The IRS Sharpens its Focus on Transfer Pricing, District of Columbia Bar Association, September 1, 2011
- Speaker, APA Rev. Proc. 2008-31: Lessons Learned About Transfer Pricing Outside of Section 482, Tax Management Advisory Board Meeting, August 1, 2011
- Speaker, Controversy and Dispute Resolution Update, PwC's Transfer Pricing Masters Series for Financial Services Professionals, April 1, 2010
- Speaker, Transfer Pricing and APA Process, IRS IE Teams 1136 and 1507 Training/Meeting, March 1, 2010
- Speaker, Competent Authority, 2009 CRA International and Large Business Directorate National Learning Event, November 1, 2009
- Speaker, The APA Program and U.S. Competent Authority, IRS IE CENTRA Training, July 1, 2009
Click here for a full list of speaking engagements.
- "The Adams Challenge Tax Court Decision Reinforces the Benefits of Foreign Taxpayers Filing Protective U.S. Returns,"
with Dianne C. Mehany, James E. Salles, and H. David Rosenbloom, Caplin & Drysdale Client Alert, January 26, 2021
- "IRS Wins Big in The Coca-Cola Company & Subs. v. Commissioner,"
with Kirsten Burmester, H. David Rosenbloom, Heather D. Schafroth, and Elizabeth J. Stevens, Caplin & Drysdale Client Alert, November 23, 2020
- "Financier Worldwide Annual Review: Transfer Pricing 2020 – United States,"
with Elizabeth J. Stevens, Financier Worldwide, October 5, 2020
- "IRS Kicks Off Post-Altera Audit Adjustments,"
with Charles M. Ruchelman, Leighanne Scott, and Elizabeth J. Stevens, Caplin & Drysdale Client Alert, September 21, 2020
- "September 15th Deadline for Taxpayer Participation in North Carolina Transfer Pricing Resolution Initiative,"
with Leighanne Scott, Caplin & Drysdale Client Alert, August 24, 2020
- "Treasury Finalizes GILTI High-Tax Exclusion Rules,"
with Jonathan S. Brenner and Michael Goon , Caplin & Drysdale Client Alert, July 28, 2020
- "FDII Documentation Requirements Relaxed,"
with Jonathan S. Brenner and Amanda M. Leon, Caplin & Drysdale Client Alert, July 20, 2020
- "TAX PRACTICE: A Silver Linings Guidebook: Corporate Planning for Coronavirus Losses,"
with Josiah Child and Elizabeth J. Stevens, Tax Notes Federal, May 18, 2020
- "CARES Act Offers Income Tax Relief for Business,"
with Jonathan S. Brenner, Kirsten Burmester, H. David Rosenbloom, and James E. Salles, Caplin & Drysdale Client Alert, March 27, 2020
- "The OECD Unified Approach Marches (Stumbles?) Forward,"
with Elizabeth J. Stevens, Caplin & Drysdale Client Alert, February 11, 2020
- "OECD Announces a Public Consultation for Global Minimum Tax Rules,"
with H. David Rosenbloom, Kirsten Burmester, and Elizabeth J. Stevens, Caplin & Drysdale Client Alert, November 25, 2019
- "An OECD "Unified Approach" to Addressing the Challenges of the Digital Economy,"
with H. David Rosenbloom, Kirsten Burmester, and Elizabeth J. Stevens, Caplin & Drysdale Client Alert, November 4, 2019
- "Financier Worldwide Annual Review: Transfer Pricing 2019 – United States,"
Financier Worldwide, October 7, 2019
- "Navigating QBAI Quirks of the GILTI Regulations,"
with Jonathan S. Brenner and Josiah Child, Bloomberg Tax, Tax Management International Journal, November 5, 2018
- "Paradise Papers: U.S. Citizens and Residents Required to Report on Offshore Assets,"
with Mark D. Allison, Peter A. Barnes, Kirsten Burmester, and Robert T. Carney, Caplin & Drysdale Client Alert, November 6, 2017
- "Different Viewpoint Not a Misrepresentation: Tax Court Holds IRS Abused Its Discretion in Cancelling Eaton's APAs,"
with Patricia Gimbel Lewis and Elizabeth J. Stevens, Caplin & Drysdale Client Alert, August 24, 2017
- "Transfer Pricing Forum,"
with Peter A. Barnes, Bloomberg BNA, March 17, 2017
- "IRS Launches Issue-Based Corporate Compliance Campaigns,"
with Mark D. Allison, Rachel L. Partain, and James E. Salles, International Law Office, February 24, 2017
- "Will Border Adjustment Tax End Transfer Pricing as We Know It?,"
Bloomberg BNA, Tax Management Transfer Pricing Report, February 23, 2017
- "IRS Launches Issue Based Corporate Compliance Campaigns,"
with Mark D. Allison, Kirsten Burmester, Niles A. Elber, and Neal M. Kochman, Global Tax Weekly, February 16, 2017
- "IRS Launches 13 Issue-Based Corporate Compliance Campaigns,"
with Mark D. Allison, Kirsten Burmester, Niles A. Elber, and Neal M. Kochman, Caplin & Drysdale Client Alert, February 3, 2017
- "Treasury Issues Regulations Addressing Use of LLCs to Disguise Beneficial Ownership,"
with Kirsten Burmester and Scott D. Michel, International Law Office, January 20, 2017
- "Treasury Issues Final Regulations to Address Use of U.S. LLCs to Disguise Beneficial Ownership,"
with Kirsten Burmester and Scott D. Michel, Caplin & Drysdale Client Alert, December 19, 2016
- "Financier Worldwide Annual Review: Transfer Pricing 2016 – United States,"
Financier Worldwide, November 16, 2016
- "Treasury Announces Regulations to Address Use of U.S. LLCs to Disguise Beneficial Ownership,"
with Scott D. Michel, H. David Rosenbloom, and Kirsten Burmester, Caplin & Drysdale Client Alert, April 5, 2016
- "Coca-Cola Company Challenges $9 Billion Transfer Pricing Adjustment,"
with Patricia Gimbel Lewis, International Law Office, February 5, 2016
- "The Ethical Limits of Tax Planning,"
with H. David Rosenbloom and Peter A. Barnes, Trusts and Trustees, January 6, 2016
- "Is It the Real Thing? The IRS Makes $9+ Billion of Transfer Pricing Adjustments Against The Coca-Cola Company,"
with Patricia Gimbel Lewis, Caplin & Drysdale Client Alert, December 23, 2015
- "Response to Final OECD BEPS Tome,"
with H. David Rosenbloom, Patricia Gimbel Lewis, and Peter A. Barnes, International Law Office, October 30, 2015
- "The Final OECD BEPS Tome Has Arrived,"
with H. David Rosenbloom, Patricia Gimbel Lewis, Peter A. Barnes, and Neal M. Kochman, Caplin & Drysdale Client Alert, October 8, 2015
- "Strategic Resets Under the New MAP and APA Revenue Procedures,"
with Neal M. Kochman, Patricia Gimbel Lewis, and Sae Jin Yoon, Caplin & Drysdale Client Alert, September 23, 2015
- "Transfer Pricing Audits: Flipping the Tested Party,"
with H. David Rosenbloom and Peter A. Barnes, International Law Office, August 28, 2015
- "Transfer Pricing Audits: Flipping the Tested Party,"
with Peter A. Barnes, H. David Rosenbloom, Neal M. Kochman, and Patricia Gimbel Lewis, Wolters Kluwer, August 27, 2015
- "IRS Releases Guidelines for Examining CFC Transactions,"
with Peter A. Barnes and H. David Rosenbloom, International Law Office, August 21, 2015
- "Transfer Pricing Audits: Flipping the Tested Party,"
with Peter A. Barnes, H. David Rosenbloom, Neal M. Kochman, and Mark D. Allison, Caplin & Drysdale Client Alert, August 13, 2015
- "IRS Releases Guidelines for Examining CFC Transactions,"
with Peter A. Barnes, H. David Rosenbloom, Neal M. Kochman, and Mark D. Allison, Caplin & Drysdale Client Alert, July 29, 2015
- "Treasury Proposes Significant Changes to Model Tax Treaty,"
with H. David Rosenbloom, Peter A. Barnes, and Neal M. Kochman, International Law Office, June 12, 2015
- "Treasury Proposes Significant Changes to U.S. Model Tax Treaty,"
with H. David Rosenbloom, Peter A. Barnes, Neal M. Kochman, and Patricia Gimbel Lewis, Caplin & Drysdale Client Alert, May 26, 2015
- "OECD Releases Finalized Proposals on Key Tax Base Erosion Concerns,"
with Neal M. Kochman, Patricia Gimbel Lewis, and Peter A. Barnes, Global Tax Weekly, November 6, 2014
- "OECD Releases Finalized Proposals on Key Tax Base Erosion Concerns,"
with Peter A. Barnes and Neal M. Kochman, Caplin & Drysdale Client Alert, September 23, 2014
- "Remain Vigilant On Indian Permanent Establishments, Even After the Favorable e-Funds Decision,"
with Patricia Gimbel Lewis and Peter A. Barnes, Global Tax Weekly, July 10, 2014
- "Remain Vigilant on Indian Permanent Establishments, Even After the Favorable e-Funds Decision,"
with Peter A. Barnes, Caplin & Drysdale Client Alert, March 27, 2014
- "Bold Shift in IRS Approach to Transfer Pricing Controversies,"
with Patricia Gimbel Lewis, Peter A. Barnes, and Neal M. Kochman, Caplin & Drysdale Client Alert, February 27, 2014
- "Transfer Pricing: Rules and Practice in Selected Countries (H-1), No. 6955,"
Bloomberg BNA Tax Management Portfolio, January 1, 2013
- "The APA Program's Experience With Rev. Proc. 2008-31: Increased Opportunities for Certainty,"
Bloomberg BNA Tax Management Memorandum, November 7, 2011
Click here for a full list of publications.
