J. Clark Armitage, an experienced lawyer in the transfer pricing sector, joined Caplin & Drysdale as a Member in 2013. Mr. Armitage's core practice is advising multinational corporations on transfer pricing in all contexts, from planning to cross-border dispute resolution. He has a particularly strong background interacting with tax authorities on advance pricing agreements (APAs) and Competent Authority matters for corporations in a wide range of industries.
Mr. Armitage spent eight years in the IRS Advance Pricing Agreement Program, serving as Deputy Director from 2008 to 2010, where he both experienced and oversaw the full spectrum of Program activities. He also served a special detail as the Tax Treaty Manager responsible for Canadian Competent Authority cases.
Drawing on his combined background in government and private practice, Mr. Armitage plays a key role in helping clients address transfer pricing, valuation, permanent establishment, and other international tax issues and controversies.
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.
Recent Speaking Engagements
Mr. Armitage is an adjunct professor with the Georgetown University LL.M. Program, where he co-teaches "Introduction to Transfer Pricing." An avid lecturer on the topic of transfer pricing, Mr. Armitage also speaks before professional associations and at conferences. His recent engagements include:
- 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 Controversy and ADR, 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
- Moderator, Intangible Property Controversy Trends, University of San Diego 2nd Annual Transfer Pricing Symposium 2014, March 27, 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, 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