Tax & Regulatory Briefing: January 2021

Welcome to the first AFIRE Tax & Regulatory Briefing of 2021.

Clearly we’ve had an eccentric start to the first month of the New Year, and with a new presidential administration in place, a lot of changes are on the horizon.

This month’s briefing covers a few of the initial developments for the year, as well as a look back on changes that took place throughout 2020.

Welcome to the AFIRE’s January Tax & Regulatory Briefing.

Links: 6 | Words: 446 | Read Time: 3 minutes

The Growth of ESG in Fund Finance and Other Financial Products in the United States

This detailed report addresses the concept that, while ESG investing still largely takes the form of “impact investing,” it’s not just about aligning investment strategies with investor values but also the general principle that ESG-negative behaviors impact investment returns. via Mayer Brown

The Evolving Landscape of Capital Gains under a Biden Administration

The tax changes proposed by President Biden and Vice President Harris will now likely become reality. What effect will the new administration and a Democratic-controlled Congress have on capital gains taxes, and treatment at the state level? via Bloomberg Tax

Environmental Law: The Year in Review

A full collection of the judicial, legislative, and agency-related environmental law developments, changes, and new trends introduced in 2020, via Anthony Cavender‘s Court-Side Seat column on Gravel2Gavel. via Pillsbury

Blockchain Holds Potential for Commercial Real Estate

The development of blockchain-based smart contracts—self-executing software algorithms integrated into a blockchain with trigger actions based on predefined parameters—has made it possible for parties to automate the process of executing commercial transactions. What should legal experts watch for? via Law360

Commerce Department Issues Interim Regulations Establishing Review Process for Information and Communications Technology and Services Supply Chains

The new review mechanism focuses on transactions involving any acquisition, importation, transfer, installation, dealing in, or use of ICTS that has been designed, developed, manufactured, or supplied by parties owned by, controlled by, or subject to the jurisdiction or direction of “foreign adversaries.” via Sidley

D.C. DOEE Issues Proposed Building Energy Performance Standards

The proposed Building Energy Performance Standards rule groups buildings into categories based on use, and establishes an Energy Star Score or Source EUI (energy use intensity) Score with which buildings must comply. via Strook

OECD Issues Updated Guidance on the Tax Treaty Implications of the COVID-19 Pandemic

The guidance considers the interpretation of tax treaty articles on the creation of permanent establishments, tax residence of companies and individuals, and taxation of income from employment. The guidance revisits and updates earlier guidance published by the OECD Secretariat in April 2020. via Deloitte Tax

US Financing Markets Winter 2021 Update

After pausing in early November for the US elections, activity resumed and has continued at a brisk pace into the first weeks of 2021, with repricings increasingly common as demand remains elevated (in some cases, despite the applicability of 1% soft call premiums). via Ropes & Gray


Scheduled for the final Friday of every month, the AFIRE Tax & Regulatory Briefing provides quick summaries and links to recent articles and white papers provided by AFIRE members, expert sources, and other content from our association’s everyday reading lists.

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