Carolyn Schenck Comments on Supreme Court Tariff Decision in Bloomberg Law

The Supreme Court’s decision to nullify a large swath of the Trump administration’s tariffs cleared the way for companies to seek refunds of tariffs already paid, which could come with a slew of transfer pricing issues for them to navigate.

Refunds would stick tax and finance departments with tough questions about where the money will go and how to distribute it without rupturing important business relationships or running afoul of tax and transfer pricing rules.

. . .

Whether or not companies will even see refunds isn’t a sure thing.

Caplin & Drysdale Member Carolyn Schenck said there’s little to signal how the justices’ decision will shake out for companies, which will just have to do their best to work through the uncertainty.

“Are we even in an age of case law to go back and look at? No,” she said. “It’s going to be entities managing not only their legal risk but their economic market risk.”

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