Xilinx: The Unfinished Business

Abstract

The roller coaster ride of the case of Xilinx Inc. v. Commissioner of Internal Revenue continues to cause consternation in tax circles, despite the decision by the Court of Appeals and the release of new temporary regulations in 2009. Following the Court of Appeals’ decision withdrawing its own earlier decision, this article looks at the implications of the decision and considers the Australian position on cost-sharing agreements.