Jennifer Best, Donna McComber and Amanda Worcester Martin Examine the Uncertain State of Tax Certainty in Tax Notes

Jennifer Best, Donna McComber and Amanda Worcester Martin have published an article in Tax Notes examining how multinationals can navigate increasing cross-border tax uncertainty. “The Uncertain State of Tax Certainty” explores the growing business risk posed by transfer pricing scrutiny, evolving international tax frameworks, and audit practices, drawing on findings from Baker McKenzie’s 2026 Global Disputes Forecast and recent OECD developments. The authors assess the effectiveness and practical limitations of key tax certainty tools, including mutual agreement procedures, advance pricing agreements, and the International Compliance Assurance Programme, and highlight the importance of dispute prevention alongside traditional resolution mechanisms. They also examine recent updates to the OECD’s Manual on Effective Mutual Agreement Procedures and the Forum on Tax Administration’s tax certainty agenda, underscoring how consistency, coordination and early engagement with tax authorities are critical to achieving meaningful predictability across jurisdictions.