OECD

Georgia Law Professor Assaf Harpaz publishes article in American University Law Review

University of Georgia School of Law Professor Assaf Harpaz published “Global Tax Wars in the Digital Era” in the American University Law Review (Vol. 75, 2025). The article explores the global conflict over tax governance, particularly the tensions between OECD-led Global North countries and the UN-backed Global South. It argues for a shift toward source-based taxation that would allow countries to tax online businesses that have a “significant economic presence” without a physical one.

The article’s abstract can be found below:

The digital economy fundamentally disrupts international tax principles that rely on physical presence. When a business earns income abroad, the country of residence (where the taxpayer resides) and the country of source (where income is generated) both have legitimate, competing claims to tax that income. The international tax system tends to favor residence-based taxation. The source country has the right to tax business profits only if the enterprise carries on a permanent establishment within its borders, which typically requires physical presence. The permanent establishment standard becomes flawed in a digital economy where profit shifting practices are abundant and businesses no longer need a physical presence in the location of their online consumer markets.

An upcoming United Nations Framework Convention on International Tax Cooperation recognizes these challenges and is overwhelmingly supported by Global South economies. However, the Global North has historically dominated the international tax regime through the Organization for Economic Co-operation and Development (OECD), informally known as the “World Tax Organization.” A U.N. framework convention creates potential conflict in international tax policymaking and would need to bridge the underlying North-South divide.

This Article explores the “tax wars” surrounding the leadership for global tax governance, contrasting the taxing powers and interests of the OECD-led Global North with those of the U.N.-backed Global South. It argues for a shift toward source-based taxation by revisiting the permanent establishment standard. To achieve this, the Article promotes a significant economic presence doctrine that would expand the permanent establishment criteria to include online businesses. This proposal addresses longstanding inequities and is increasingly warranted in a digital economy that does not depend on physical presence.

Harpaz joined the University of Georgia School of Law as an assistant professor in summer 2024 and teaches classes in federal income tax and business taxation. Harpaz’s scholarly focus lies in international taxation, with an emphasis on the intersection of taxation and digitalization. He explores the tax challenges of the digital economy and the ways to adapt 20th-century tax laws to modern business practices.

Georgia Law Professor Walter Hellerstein presents at OECD Technical Advisory Group Meeting

University of Georgia School of Law Professor Emeritus Walter Hellerstein presented at the Organisation for Economic Cooperation and Development Technical Advisory Group to Working Party No. 9 on Consumption Taxes meeting in October in Paris, France.

The Working Party No. 9 on Consumption Taxes is a forum for the discussion of consumption tax policy and administration, working with both Members and non-Members of the OECD to develop appropriate and effective taxation outcomes.

Hellerstein is the Distinguished Research Professor & Francis Shackelford Distinguished Professor in Taxation Law Emeritus. He is a recipient of the National Tax Association’s Daniel M. Holland Medal for outstanding lifetime contributions to the study and practice of public finance, is widely regarded as the nation’s leading academician on state and local taxation. He has authored numerous books, textbooks, and law review articles, and has practiced extensively in the field. Hellerstein is currently a Visiting Professor at the Vienna University of Economics and Business, and he remains actively involved in his scholarship, consulting, and, in particular, his work as an academic advisor to the OECD.

Georgia Law Professor Walter Hellerstein presents at OECD Working Party

University of Georgia School of Law Professor Emeritus Walter Hellerstein presented “Overview of U.S. Federal Income Tax Reporting Regulations for Brokers of Crypto-Assets” at a meeting of the Organization for Economic Cooperation and Development Working Party No. 9 on Consumption Taxes in Paris, France, during May.

The Working Party No. 9 on Consumption Taxes is a forum for the discussion of consumption tax policy and administration, working with both Members and non-Members of the OECD to develop appropriate and effective taxation outcomes. To read more about Professor Hellerstein’s previous presentation at the OECD, click here.

Hellerstein is the Distinguished Research Professor & Francis Shackelford Distinguished Professor in Taxation Law Emeritus. He is a recipient of the National Tax Association’s Daniel M. Holland Medal for outstanding lifetime contributions to the study and practice of public finance, is widely regarded as the nation’s leading academician on state and local taxation. He has authored numerous books, textbooks, and law review articles, and has practiced extensively in the field. Hellerstein is currently a Visiting Professor at the Vienna University of Economics and Business, and he remains actively involved in his scholarship, consulting, and, in particular, his work as an academic advisor to the OECD.

Georgia Law Professor Walter Hellerstein presents at Vienna University of Economics and Business

Distinguished Research Professor & Shackelford Distinguished Professor in Taxation Law Emeritus Walter Hellerstein presented as part of a panel on taxable persons and related issues in VAT law at the Court of Justice of the European Union Conference held at the Vienna University of Economics and Business in Austria during January. 

A description of the conference can be found below:

This conference will focus on the recent case law of the Court of Justice in the area of indirect taxation. The judgment rendered from September 2018 onwards and important previous judgments will be analyzed by panels consisting of leading academics, judges, government representatives and business representatives.

Hellerstein joined the University of Georgia School of Law faculty in 1978 and was named the Francis Shackelford Distinguished Professor in Taxation Law during 1999 and a UGA Distinguished Research Professor in 2011. He taught in the areas of state and local taxation, international taxation and federal income taxation until he retired from teaching at the School of Law in 2015. He is currently a Visiting Professor at the Vienna University of Economics and Business, and he remains actively involved in his scholarship, consulting and, in particular, his work as an academic advisor to the Organisation for Economic Cooperation and Development (OECD).

Georgia Law Professor Walter Hellerstein presents on crypto-assets at OECD

Distinguished Research Professor & Shackelford Distinguished Professor in Taxation Law Emeritus Walter Hellerstein co-presented as part of the VAT/GST Treatment of Activities Involving Crypto-Assets at the Organization for Economic Cooperation and Development Technical Advisory Group to Working Party No. 9 on Consumption Taxes meeting in Paris, France, in October.

The Working Party No. 9 on Consumption Taxes is a forum for the discussion of consumption tax policy and administration, working with both Members and non-Members of the OECD to develop appropriate and effective taxation outcomes. To read more about Professor Hellerstein’s previous presentation at the OECD, click here.

Hellerstein, a recipient of the National Tax Association’s Daniel M. Holland Medal for outstanding lifetime contributions to the study and practice of public finance, is widely regarded as the nation’s leading academician on state and local taxation. He has authored numerous books, textbooks, and law review articles, and has practiced extensively in the field. Hellerstein is currently a Visiting Professor at the Vienna University of Economics and Business, and he remains actively involved in his scholarship, consulting, and, in particular, his work as an academic advisor to the OECD.

Georgia Law Professor Hellerstein presents on crypto-assets at OECD

Distinguished Research Professor & Shackelford Distinguished Professor in Taxation Law Emeritus Walter Hellerstein co-presented “Global Summary of Jurisdictions’ VAT/GST Treatment of Services Connected to the Trade in Crypto-Assets” at a meeting of the Organization for Economic Cooperation and Development’s Working Party No. 9 on Consumption Taxes in Paris, France, during June.

The Working Party No. 9 on Consumption Taxes is a forum for the discussion of consumption tax policy and administration, working with both Members and non-Members of the OECD to develop appropriate and effective taxation outcomes.

Hellerstein, a recipient of the National Tax Association’s Daniel M. Holland Medal for outstanding lifetime contributions to the study and practice of public finance, is widely regarded as the nation’s leading academician on state and local taxation. He has authored numerous books, textbooks, and law review articles, and has practiced extensively in the field. Hellerstein is currently a Visiting Professor at the Vienna University of Economics and Business, and he remains actively involved in his scholarship, consulting, and, in particular, his work as an academic advisor to the OECD.

UGA Law Professor Hellerstein presents on crypto-assets at OECD

Distinguished Research Professor & Shackelford Distinguished Professor in Taxation Law Emeritus Walter Hellerstein co-presented a paper on the value added taxation of crypto-assets at the Organisation for Economic Co-operation and Development (OECD) Working Party No. 9 on Consumption Taxes in Paris, France, in November.

The Working Party No. 9 on Consumption Taxes is a forum for the discussion of consumption tax policy and administration, working with both Members and non-Members of the OECD to develop appropriate and effective taxation outcomes.

Hellerstein, a recipient of the National Tax Association’s Daniel M. Holland Medal for outstanding lifetime contributions to the study and practice of public finance, is widely regarded as the nation’s leading academician on state and local taxation. He has authored numerous books, textbooks, and law review articles, and has practiced extensively in the field. Hellerstein is currently a Visiting Professor at the Vienna University of Economics and Business, and he remains actively involved in his scholarship, consulting, and, in particular, his work as an academic advisor to the OECD.

Georgia Law Professor Hellerstein presents on crypto-assets at OECD

Walter Hellerstein, Distinguished Research Professor and Shackelford Distinguished Professor Emeritus in Taxation Law here at the University of Georgia School of Law, spoke this month at a gathering of the Organisation for Economic Co-operation and Development in Paris, France.

Hellerstein presented “Crypto-Assets: Key Concepts and Terms,” a paper he co-authored with a member of the Secretariat, at a meeting of the OECD Working Party No. 9 on Consumption Taxes.

Georgia Law Professor MJ Durkee presents on inclusion and exclusion in international organization rulemaking at OECD-Leuven Centre roundtable

Professor Melissa J. “MJ” Durkee, Associate Dean for International Programs, Director of the Dean Rusk International Law Center, and Allen Post Professor here at the University of Georgia School of Law, presented yesterday in an online roundtable forum co-sponsored by the Organisation for Economic Co-operation and Development and the Leuven Centre for Global Governance Studies at KU Leuven, a premier university in Belgium.

Durkee spoke on “Inclusion and Exclusion of For-Profit Stakeholders in IO Rulemaking: Considerations and Pathways” in the roundtable, the overall theme of which was “Improving Inclusiveness of International Organization Rule-Making.” Other presenters included academics and practitioners based not only in the United States and Belgium, but also Czechoslovakia, France, Germany, Italy, the Netherlands, Norway, Poland, Spain, and the United Kingdom.

The forum took place in preparation for an edited volume to be published by the Secretariat of the OECD, a Paris-based international organization to which nearly forty countries, including the United States, belong.

The Leuven Centre and Georgia Law’s Dean Rusk International Law Center are partners in an annual Global Governance Summer School in Belgium and the Netherlands.

Georgia Law Professor Hellerstein publishes book and article exploring tax law and digital commerce

Walter Hellerstein, Distinguished Research Professor & Shackelford Distinguished Professor in Taxation Law Emeritus here at the University of Georgia School of Law, has 2 new publications:

► The second edition of his book Taxing Global Digital Commerce has just been issued by Wolters Kluwer. It was co-authored with Professor Arthur Cockfield and Professor Marie Lamensch, of the law faculties of Queen’s University Law in Canada and Vrije Universiteit Brussel in Belgium, respectively. Here’s the publisher’s overview:

Taxing Global Digital Commerce studies the tax challenges presented by cross-border digital commerce and reports on the rapidly changing environment surrounding the challenges. Digital commerce – the use of computer networks to facilitate transactions involving the production, distribution, sale, and delivery of goods and services – has grown from merely streamlining relations between consumer and business to a much more robust phenomenon embracing efficient business processes within a firm and between firms. Inevitably, the related taxation issues have grown as well. This latest edition of the preeminent text on the taxation of digital transactions revises, updates and expands the book’s coverage that reflects the significant changes that had been made to the content of the earlier volumes. It includes a detailed and up-to-date analysis of income tax and VAT developments regarding digital commerce under the Organisation for Economic Co-operation and Development and G20 Base Erosion and Profit Shifting (BEPS) reforms. It then explores the new EU VAT rules for both tangible and intangible Internet supplies and the implications of digital commerce for US state retail sales and use tax regimes, taking account of the significant developments resulting from the 2018 US Supreme Court decision in Wayfair.

► Also just published is a new article by Professor Hellerstein, entitled “Reflections on the Cross-Border Tax Challenges of the Digital Economy.” It appears at 96 Tax Notes International 671 and in 94 Tax Notes State 615.