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GILTI Conscience

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by Skadden, Arps, Slate, Meagher & Flom LLP

4.8(29 reviews)

39 episodes

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Podcast Overview

This is GILTI Conscience: Casual Discussions on Transfer Pricing, Tax Treaties, and Related Topics, a podcast from Skadden that invites thought leaders and industry experts to discuss pressing transfer pricing issues, international tax reform efforts, and tax administration trends. We also dig into the innovative approaches companies are using to navigate the international tax environment and address the obligation everyone loves to hate. If you like what you’re hearing, be sure to subscribe in your favorite podcast app so you don’t miss any future conversations. Skadden's tax team is recognized globally for providing clients with creative and innovative solutions to their most pressing transactional, planning, and controversy challenges. Additional information about Skadden can be found at skadden.com. GILTI Conscience is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. Skadden’s tax team is recognized globally for providing clients with creative and innovative solutions to their most pressing transactional, planning, and controversy challenges. This podcast is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. This podcast is considered advertising under applicable state laws.

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Recent Episodes

March 25, 2026

The Evolution and Impact of the CWI Standard

In this episode of "GILTI Conscience," Mike McDonald, one of the architects of Internal Revenue Code Section 482, joins Skadden’s <a href="https://www.skadden.com/professionals/c/carden-nathaniel" rel="noopener noreferrer" target="_blank">Nate Carden</a>, <a href="https://www.skadden.com/professionals/f/farhat-david" rel="noopener noreferrer" target="_blank">David Farhat</a>, <a href="https://www.skadden.com/professionals/c/cuyler-eman" rel="noopener noreferrer" target="_blank">Eman Cuyler</a> and <a href="https://www.skadden.com/professionals/v/victor-stefane" rel="noopener noreferrer" target="_blank">Stefane Victor</a> for an in-depth discussion of the "commensurate with income" (CWI) standard. The panel explores the legislative history and intent behind CWI, its complex relationship with the arm’s length principle and the evolution of regulatory approaches.<h2>💡 Featured Guests 💡</h2>Name: Mike McDonaldWhat he does: Mike spent 16 years at the U.S. Department of the Treasury in the business and international tax division, followed by a career as managing director of international tax and transactions, transfer pricing at Ernst & Young. He was a drafter of the Section 482 transfer pricing regulations, including 482-7.Words of Wisdom: "The fact that, to the extent that a ‘pure hindsight rule’ is going to be applied, then there is going to be wicked double taxation, because the other side doesn't have to respect it.”Connect: <a href="https://www.linkedin.com/in/michael-mcdonald-980aa433b" rel="noopener noreferrer" target="_blank">LinkedIn</a><h2>Connect with Skadden</h2>☑️ Follow us on <a href="https://twitter.com/SkaddenArps?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor" rel="noopener noreferrer" target="_blank">X</a> and <a href="https://www.linkedin.com/company/skadden-arps-slate-meagher-flom-llp-affiliates/" rel="noopener noreferrer" target="_blank">LinkedIn</a>.☑️ Subscribe to GILTI Conscience on <a href="https://podcasts.apple.com/us/podcast/gilti-conscience/id1603270987" rel="noopener noreferrer" target="_blank">Apple Podcasts</a>, <a href="https://open.spotify.com/show/3nNf0ip6ooZ6ilbhpBJ4lR" rel="noopener noreferrer" target="_blank">Spotify</a> or your favorite podcast app.☑️ Let us know what topics you would like to hear about on GILTI Conscience by emailing our executive producer at <a href="mailto:eman.cuyler@skadden.com" rel="noopener noreferrer" target="_blank">eman.cuyler@skadden.com</a>.GILTI Conscience is a podcast by <a href="https://www.skadden.com/" rel="noopener noreferrer" target="_blank">Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates</a>. Skadden’s tax team is recognized globally for providing clients with creative and innovative solutions to their most pressing transactional, planning, and controversy challenges. The insights and views presented in GILTI Conscience are for general information purposes only and should not be taken as legal advice for any individual case or situation. The information presented is not a substitute for consulting with an attorney, nor does tuning into this podcast constitute an attorney-client relationship of any kind.

February 26, 2026

Navigating Pillar Two: Side-by-Side, Safe Harbors and the Future of Global Tax Cooperation

Dive into the complexities of international tax reform as Skadden’s <a href="https://www.skadden.com/professionals/f/farhat-david" rel="noopener noreferrer" target="_blank">David Farhat</a>, <a href="https://www.skadden.com/professionals/o/ogara-patrick-j" rel="noopener noreferrer" target="_blank">Patrick O'Gara</a>, <a href="https://www.skadden.com/professionals/p/ponds-loren-c" rel="noopener noreferrer" target="_blank">Loren Ponds</a> and <a href="https://www.skadden.com/professionals/v/victor-stefane" rel="noopener noreferrer" target="_blank">Stefane Victor</a>, along with <a href="https://commission.europa.eu/pascal-saint-amans_en" rel="noopener noreferrer" target="_blank">Pascal Saint-Amans</a> — former director of the OECD’s Centre for Tax Policy and Administration — unpack the latest developments in Pillar Two and the Side-by-Side framework. This episode explores how new safe harbors, QDMTTs and evolving global agreements are reshaping the landscape for U.S. and multinational corporations and the practical challenges ahead. Whether you’re a tax professional or just curious about global policy shifts, this discussion offers a front-row seat to the debates shaping tomorrow’s tax world.<h2>💡 Featured Guests 💡</h2>Name: <a href="https://commission.europa.eu/pascal-saint-amans_en" rel="noopener noreferrer" target="_blank">Pascal Saint-Amans</a>What he does: Pascal served as director of the Centre for Tax Policy and Administration at the OECD, where he played an instrumental role in promoting transparency. He is CEO of Saint-Amans Global Advisory, which supports governments, international organizations and business on economic and fiscal issues.Organization: <a href="https://www.linkedin.com/company/saint-amans-global-advisory-saga/" rel="noopener noreferrer" target="_blank">Saint-Amans Global Advisory (SAGA)</a>Words of wisdom: “What really matters in the long game – if you're in the long game – is trying to reduce the tax competition, keeping the infrastructure and surviving maybe for a few more months until November where there may be an election in the. U.S, or later on, where you may have changes and people are more sympathetic to the approach.”Connect: <a href="https://www.linkedin.com/in/pascal-saint-amans/" rel="noopener noreferrer" target="_blank">LinkedIn</a><h2>Connect with Skadden</h2>☑️ Follow us on <a href="https://twitter.com/SkaddenArps?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor" rel="noopener noreferrer" target="_blank">X</a> and <a href="https://www.linkedin.com/company/skadden-arps-slate-meagher-flom-llp-affiliates/" rel="noopener noreferrer" target="_blank">LinkedIn</a>.☑️ Subscribe to GILTI Conscience on <a href="https://podcasts.apple.com/us/podcast/gilti-conscience/id1603270987" rel="noopener noreferrer" target="_blank">Apple Podcasts</a>, <a href="https://open.spotify.com/show/3nNf0ip6ooZ6ilbhpBJ4lR" rel="noopener noreferrer" target="_blank">Spotify</a> or your favorite podcast app.☑️ Let us know what topics you would like to hear about on GILTI Conscience by emailing our executive producer at <a href="mailto:eman.cuyler@skadden.com" rel="noopener noreferrer" target="_blank">eman.cuyler@skadden.com</a>.GILTI Conscience is a podcast by<a href="https://www.skadden.com/" rel="noopener noreferrer" target="_blank"> </a><a href="https://www.skadden.com/" rel="noopener noreferrer" target="_blank">Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates</a>. Skadden’s tax team is recognized globally for providing clients with creative and innovative solutions to their most pressing transactional, planning, and controversy challenges. The insights and views presented in GILTI Conscience are for general information purposes only and should not be taken as legal advice for any individual case or situation. The information presented is not a substitute for consulting with an attorney, nor does tuning into this podcast constitute an attorney-client relationship of any kind.

November 13, 2025

From GILTI to NCTI: Unpacking the 2025 Tax Overhaul

This podcast’s title hasn’t changed, but on the international tax stage GILTI is converting to the new CFC-tested income (NCTI) regime.That’s just one shift brought about by the One Big Beautiful Bill that Congress passed on July 4. Skadden colleagues <a href="https://www.skadden.com/professionals/p/ponds-loren-c" rel="noopener noreferrer" target="_blank">Loren Ponds</a>, <a href="https://www.skadden.com/professionals/s/sensenbrenner-eric-b" rel="noopener noreferrer" target="_blank">Eric Sensenbrenner</a> and <a href="https://www.skadden.com/professionals/o/oosterhuis-paul-w" rel="noopener noreferrer" target="_blank">Paul Oosterhuis</a> break down the bill’s implications in this conversation with <a href="https://www.skadden.com/professionals/f/farhat-david" rel="noopener noreferrer" target="_blank">David Farhat</a> and <a href="https://www.skadden.com/professionals/v/victor-stefane" rel="noopener noreferrer" target="_blank">Stefane Victor</a>. The panel explores the legislative process, the impact of dropped provisions such as Section 899 and key planning considerations. Tune in for their insights about how corporate stakeholders can navigate the new landscape.<h2>💡 Featured Guests 💡</h2>Name: <a href="https://www.skadden.com/professionals/s/sensenbrenner-eric-b" rel="noopener noreferrer" target="_blank">Eric Sensenbrenner</a>What he does:  Eric represents clients on a broad range of U.S. and international tax matters, with a particular emphasis on transactional tax planning in the international context.Organization: <a href="https://www.skadden.com/" rel="noopener noreferrer" target="_blank">Skadden</a>Words of wisdom: “FDII is now becoming a much more interesting and much more robust tool for attracting investment, both for multinationals thinking about bringing assets back as well as perhaps for inbound investment as well.”Connect: <a href="https://www.linkedin.com/in/ericsensenbrenner/" rel="noopener noreferrer" target="_blank">LinkedIn</a>Name: <a href="https://www.skadden.com/professionals/p/ponds-loren-c" rel="noopener noreferrer" target="_blank">Loren Ponds</a>What she does:  Loren leverages her extensive tax policy experience to provide strategic counsel to clients across industries on a variety of legislative and regulatory issues.Organization: <a href="https://www.skadden.com/" rel="noopener noreferrer" target="_blank">Skadden</a>Words of wisdom:  “I can speak from experience working on the Hill: When you think you're gifting taxpayers something in a provision, and all you get is pushback, it becomes very easy for that provision to disappear from the final bill, particularly when we're talking about the cost, in addition to the poor reception.”Connect: <a href="https://www.linkedin.com/in/lorenponds" rel="noopener noreferrer" target="_blank">LinkedIn</a> Name: <a href="https://www.skadden.com/professionals/o/oosterhuis-paul-w" rel="noopener noreferrer" target="_blank">Paul Oosterhuis</a>What he does: Paul is an internationally recognized senior tax practitioner with extensive experience in cross-border mergers and acquisitions, post-acquisition integration, spin-offs, internal restructurings and joint ventures.Organization: <a href="https://www.skadden.com/" rel="noopener noreferrer" target="_blank">Skadden</a>Words of wisdom: “From my perspective, maybe the Trump administration should be talking to those countries about being more lenient in allowing U.S. companies to bring back their IP. Maybe they could get breaks on their tariffs, for example, if they decided to suspend their rules on U.S. companies bringing back their IP.”Connect:...

39 total episodes available

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What is GILTI Conscience?: This is GILTI Conscience: Casual Discussions on Transfer Pricing, Tax Treaties, and Related Topics, a podcast from Skadden that invites thought leaders and industry experts to discuss pressing transfer pricing issues, international tax reform efforts, and tax administration trends. We also dig into the innovative approaches companies are using to navigate the international tax environment and address the obligation everyone loves to hate.

If you like what you’re hearing, be sure to subscribe in your favorite podcast app so you don’t miss any future conversations. Skadden's tax team is recognized globally for providing clients with creative and innovative solutions to their most pressing transactional, planning, and controversy challenges. Additional information about Skadden can be found at skadden.com.

GILTI Conscience is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. Skadden’s tax team is recognized globally for providing clients with creative and innovative solutions to their most pressing transactional, planning, and controversy challenges. This podcast is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. This podcast is considered advertising under applicable state laws.
How often does this podcast release new episodes?: This podcast updates weekly.
Where can I listen to this podcast?: This podcast is available on 10 platforms including Apple Podcasts, Spotify, and more. You can also use the RSS feed directly.
Does this podcast accept guests?: Information about guest appearances is not available.

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