Allison Christians is a tax law scholar and the H. Heward Stikeman Chair in Tax Law at the
McGill University Faculty of Law/Faculté de Droit in
Montreal, Quebec
Montreal ( ; officially Montréal, ) is the second-most populous city in Canada and most populous city in the Canadian province of Quebec. Founded in 1642 as '' Ville-Marie'', or "City of Mary", it is named after Mount Royal, the triple-p ...
, Canada. Her research and teaching focus on Canadian and U.S. domestic and international tax law and policy issues, with an emphasis on the relationship between taxation and economic development and on the role of government and non-government institutions and actors in the creation of tax policy norms.
Her work includes frequent analysis of both domestic and international tax policies relating to laws such as the 2010 US
Foreign Account Tax Compliance Act
The Foreign Account Tax Compliance Act (FATCA) is a 2010 United States federal law requiring all non-U.S. foreign financial institutions (FFIs) to search their records for customers with indicia of a connection to the U.S., including indication ...
, the 2012
Protecting Canada's Immigration System Act
Protection is any measure taken to guard a thing against damage caused by outside forces. Protection can be provided to physical objects, including organisms, to systems, and to intangible things like civil and political rights. Although t ...
(aka Bill C-31), and the policies put forth by organizations like the
Organisation for Economic Cooperation and Development. Many of her articles are available on
SSRN.
Career
Christians received her LL.M. degree in Taxation from the
NYU School of Law
New York University School of Law (NYU Law) is the law school of New York University, a private research university in New York City. Established in 1835, it is the oldest law school in New York City and the oldest surviving law school in Ne ...
and her
Juris Doctor
The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law
and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice l ...
degree from
Columbia Law School
Columbia Law School (Columbia Law or CLS) is the law school of Columbia University, a private Ivy League university in New York City. Columbia Law is widely regarded as one of the most prestigious law schools in the world and has always ranked ...
.
The foundation of Christians' legal career was set by her work as a tax lawyer at
Wachtell, Lipton, Rosen & Katz
Wachtell, Lipton, Rosen & Katz is an American law firm in New York City. The firm is known for corporate law, regularly handling large and complex transactions. On both a profit per lawyer, and profit per equity partner basis, it is the most pr ...
in New York, where she focused on the taxation of domestic and cross-border mergers and acquisitions, spin-offs, restructurings and associated issues and transactions involving private and public companies. She also worked at
Debevoise & Plimpton
Debevoise & Plimpton LLP (often shortened to Debevoise) is an international law firm headquartered in New York City. Founded in 1931 by Harvard Law School alumnus Eli Whitney Debevoise and Oxford-trained William Stevenson, the firm was origin ...
in New York, where she focused mainly on private equity funds.
Christians taught at the
University of Wisconsin Law School
The University of Wisconsin Law School is the professional graduate law school of the University of Wisconsin–Madison. Located in Madison, Wisconsin, the school was founded in 1868. The University of Wisconsin Law School is guided by a "law in ...
and
Northwestern University School of Law
Northwestern University Pritzker School of Law is the law school of Northwestern University, a private research university. It is located on the university's Chicago campus. Northwestern Law has been ranked among the top 14, or "T14" law scho ...
before joining the Faculty of Law at McGill University in 2012 and has held visiting positions at
Leiden University,
Thammasat University
Thammasat University ( Abrv: TU th, มธ.; th, มหาวิทยาลัยธรรมศาสตร์, , ) is a public research university in Thailand with campuses in Tha Phra Chan area of Phra Nakhon District near the Grand Pala ...
, and the
University of Ottawa Faculty of Law
The University of Ottawa Faculty of Law (''French: Faculté de droit de l'Université d'Ottawa)'' is the law school at the University of Ottawa, located in Ottawa, Ontario, Canada. Established in 1953, the Faculty is today divided into Civil Law an ...
.
Commentator and analyst
Christians is the author of 'The Big Picture,' a column for Tax Analysts' Tax Notes International, serves as editor of the Tax section of
Jotwell, and regularly comments on developments in international tax law and policy on the Tax, Society & Culture blog, on the Lexis Nexis Tax Law Community blog, and on Twitter @profchristians.
She is also an active member of the
International Fiscal Association
The International Fiscal Association (IFA) was established in 1938 as the only non-governmental and non-sectoral international organisation dealing with fiscal matters. Its headquarters are in the Netherlands. The objects of IFA are the study and ...
and has been involved in projects with the
International Bar Association
The International Bar Association (IBA), founded in 1947, is a bar association of international legal practitioners, bar associations and law societies. The IBA currently has a membership of more than 80,000 individual lawyers and 190 bar associa ...
Human Rights Initiative.
Foreign Account Tax Compliance Act
Christians has been a vocal opponent to the United States'
Foreign Account Tax Compliance Act
The Foreign Account Tax Compliance Act (FATCA) is a 2010 United States federal law requiring all non-U.S. foreign financial institutions (FFIs) to search their records for customers with indicia of a connection to the U.S., including indication ...
(FATCA), speaking out against it in multiple academic and news articles, conferences, and at the
Canadian Parliament's Standing Committee on Finance.
The United States Congress enacted FATCA to curb tax avoidance by
US persons by requiring that any bank around the world that holds an account of a US person report the financial information relating to that bank account to the
Internal Revenue Service, among other things. One of her biggest criticisms is that she believes the U.S. Treasury lacks the power to make intergovernmental agreements (IGAs) that are crucial to the functioning of FATCA. The IGAs, now signed with over 150 countries, state that the foreign country will mandate that its banks comply with FATCA. Instead, she argues, the power to make such agreements (what she calls "
treaties
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pers ...
") only lies within the
US Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washi ...
.
Additionally, she argues that FATCA traps many individuals who were not aware that they are U.S. citizens in the first place, or those who are simply not aware that they are subject to the United States'
citizenship-based taxation
International taxation is the study or determination of tax on a person or business subject to the tax laws of different countries, or the international aspects of an individual country's tax laws as the case may be. Governments usually limit the ...
regime, thanks in large part to
birthright citizenship
''Jus soli'' ( , , ; meaning "right of soil"), commonly referred to as birthright citizenship, is the right of anyone born in the territory of a state to nationality or citizenship.
''Jus soli'' was part of the English common law, in contras ...
.
The United States' citizenship-based tax system is one of only two in the world. It requires that U.S. citizens and permanent residents to file tax returns with the IRS every year, regardless of their physical location of residence. The other country that does this is
Eritrea
Eritrea ( ; ti, ኤርትራ, Ertra, ; ar, إرتريا, ʾIritriyā), officially the State of Eritrea, is a country in the Horn of Africa region of Eastern Africa, with its capital and largest city at Asmara. It is bordered by Ethiopia ...
, but it has been widely criticized in the
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmonizi ...
by many countries,
including the United States.
Supporter of windfall profits tax
In October 2020, Christians commented favourably on
Jagmeet Singh
Jagmeet Singh Jimmy Dhaliwal ( ; born January 2, 1979) is a Canadian politician who has served as the leader of the New Democratic Party (NDP) since 2017. Singh has sat as the member of Parliament (MP) for Burnaby South since 2019. 's proposal to tax windfall profits of Canadian corporations in light of the astronomical deficits created by the Canadian response to the
COVID-19 pandemic
The COVID-19 pandemic, also known as the coronavirus pandemic, is an ongoing global pandemic of coronavirus disease 2019 (COVID-19) caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The novel virus was first identified ...
. In an article designed to create sympathy for new Finance Minister
Chrystia Freeland
Christina Alexandra Freeland (born August 2, 1968) is a Canadian politician serving as the tenth and current deputy prime minister of Canada since 2019 and the minister of finance since 2020. A member of the Liberal Party, Freeland represent ...
she said: "It's not a punishment of
orporatesuccess. Rather, it's an acknowledgement that the brokenness of the market has created a windfall for them... And if the government takes some of that, especially now to pay for things that we now really are struggling to pay for, for example, health care, then that's good over all for the economy."
Awards
Christians was given the teacher of the year in 2009 by the Wisconsin Law Alumni Association, and in May 2014 she was awarded the John Durnford Prize in Teaching Excellence by the Law Student Association of
McGill University
McGill University (french: link=no, Université McGill) is an English-language public research university located in Montreal, Quebec, Canada. Founded in 1821 by royal charter granted by King George IV,Frost, Stanley Brice. ''McGill Universit ...
.
See also
*
FATCA agreement between Canada and the United States
References
{{DEFAULTSORT:Christians, Allison
Canadian non-fiction writers
Canadian women non-fiction writers
Canadian women lawyers
Tax lawyers
Year of birth missing (living people)
Living people
Canadian legal scholars
Place of birth missing (living people)
New York University School of Law alumni
Columbia Law School alumni
Academic staff of the University of Ottawa
Academic staff of the McGill University Faculty of Law
Academic staff of the Université de Montréal
University of Wisconsin–Madison faculty
Northwestern University Pritzker School of Law faculty
Women legal scholars
Wachtell, Lipton, Rosen & Katz people
American women academics
21st-century American women
People associated with Debevoise & Plimpton