Virtual Tax Summit

Cross Border Transactions

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Cross-Border Transactions

Virtual Tax Summit

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Day 1

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What’s happening in international tax and why you need to care

March 13 | 8:30 GMT

Join Barry Larking for the opening session where he will be addressing questions such as: Do holding companies have a future? How disruptive will digital taxes be? Does the EU blacklist matter? Will America be great again? What happened to the MLI?

Intangibles post-BEPS

March 13 | 10:00 GMT

Kestutis Rudzika from RoyaltyRange will talk about OECD BEPS and other developments relating to intangibles. He provides practical guidance on determining the ultimate entity entitled to returns derived from the exploitation of intangibles, and discusses on the importance of DEMPE analysis and how it is amplified by the CbC reporting and other requirements.

Transfer Pricing Aspects of US Tax Reform

March 13 | 14:00 GMT (09:00 EST)

Benjamin Miller, PhD from Bennett Thrasher discusses transfer pricing strategies in managing two significant features of the U.S. Tax Cuts and Jobs Act of 2017 - Base Erosion Antiabuse Tax (the BEAT) and the Global Intangible Low Tax Income (the GILTI) provisions.

Taxation of Digital Business Models

March 13 | 15:30 GMT (10:30 EST)

Digitization has fundamentally changed the way businesses carry out their activities globally. While the digital disruption has affected almost every area of doing business, it is posing a particular challenge to the international tax framework. Dr. Chand discusses these challenges, and provides his take on taxing digital business models.

Q&A on Digital Taxation

March 13 | 16:00 GMT (11:00 EST)

Following, Dr. Chand's presentation on taxing digital business models,Tatiana Falcao from the United Nations, Barry Larking and Dr. Chand discuss on the current trends in digital taxation, unilateral measures, developments at the EU, OECD and UN level. The speakers will also provide their insights in devising rules that can address the problems caused by the digitization of the traditional ways of doing business.

Q&A on Customs Valuation and Transfer Pricing

March 13 | 19:30 GMT (14:30 EST)

Customs and tax authorities pursue different objectives in assessing the value of goods traded between related parties. Nonetheless, in pursuit of efficient global supply chains, there is a growing need for better alignment between TP and customs valuation.

Leonardo Macedo from Brazilian Revenue Authorities and Kriti Velji from New Zealand's Inland Revenue Department share their insights on the interaction between TP and customs valuation. Kriti and Leonardo, along with Brigitte Baumgarnter will discuss the WCO Guide to Customs Valuation and TP, relevant case studies, customs valuation methods compared to OECD TP methods, as well as the most recent Hamamatsu CJEU C-529/16.

Day 2

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Treatment of Loans in Switzerland and Germany from a TP Perspective

March 14 |10:00 GMT

Dr. Peter Happe and Retro Giger from GHM Partners discuss on the recent TP developments in Switzerland and Germany respectively, in the context of the BEPS project.

The speakers share their practical experience in tax and transfer pricing treatment of loans in Switzerland and Germany and how recent developments in the international tax landscape are affecting intra-group financing in these countries.

Dr. Peter Happe and Reto Giger will be joined by Kestutis Rudzika from RoyaltyRange for a hands on demonstration on database searches for external comparable loans.

A Step-by-Step Guide to Value Chain Analysis

March 14 | 12:30 GMT

Dr. Oliver Triedler from TP&C will demonstrate how to best utilize Excel tools to simplify analysis and compile consistent and focused transfer pricing documentation. Dr. Oliver reviews prominent OECD case studies and illustrates in practice how to conduct a pragmatic value chain analysis.

EU State Aid and APAs

March 14 |14:00 GMT (09:00 EST)

Dr Mario Tenore of Maisto & Associates discusses recent EU Commission’s investigations on State aid and tax rulings. The EU Commission has taken the view that tax rulings confer a selective advantage upon its beneficiaries insofar as they lead to a lowering of the tax burden by deviating from the tax that the beneficiaries would otherwise be obliged to pay under the general corporate tax system. He will also illustrate the way in which various decisions released by the EU Commission interpret “OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations”.

Advanced TP strategies: Resolving 5 Hot-Button Transfer Pricing Disputes

March 14 | 16:00 GMT (11:00 EST)

MNEs worldwide have seen a spike in the number and complexity in TP disputes. Robert Feinschreiber of Charles River Associates reviews 5 hot button TP disputes and covers market concentration and intangible migration, coping with tax haven and foreign trust over-structuring, addressing a production activity that creates multiple distribution chains, how gray marketing impacts transfer pricing, and using the profit split arrangement for loans.

Implementation in Practice of the PPT in the MLI

March 14 | 17:30 GMT (12:30 EST)

Article 7(1) of the MLI contains provisions related to the prevention of treaty abuse, including treaty shopping that correspond to changes proposed in the BEPS Action 6 Final Report. Tax Agreements of many countries include ‘purpose provisions’ with respect to specific benefits, generally royalties, interests and dividends, although there is no ‘catch-all provision’. These provisions might be replaced by the ‘Principal Purpose Test’ provision of Article 7(1). In this session, Mario Livio Gomes from University of Rio discusses on the challenges in implementing the PPT in practice and how to overcome them.

Day 3

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The AI Technologies and Augmentation of Tax Advisors’ Work: Starting with Tax Treaty Abuse

March 15 | 8:30 GMT

The current avalanche of new anti-avoidance rules triggered by the BEPS projects and its derivatives, such as the ATAD and domestic anti-BEPS measures, unprecedentedly increases the complexity of tax laws as well as difficulties with tax compliance and tax supervision. The PPT is one of the most prominent examples of such rules with the potential to become a legal conundrum and a real obstacle to frictionless global tax compliance. But what if taxpayers, tax authorities, and courts would be supported in addressing treaty abuse via the PPT with artificial intelligence (AI)? Dr. Kuźniacki will aim to prove the thesis that developing an AI based on identifying fact patterns relevant for economic substance and non-tax business purposes of a taxpayer’s arrangement or transaction could contribute to an efficient and effective applications of the new major anti-tax avoidance rule: the PPT under the MLI.

Overview of TP Developments in Luxembourg

March 15 | 10:00 GMT

In this session, Filip Vukovic from PwC provides an overview of Luxembourg TP developments with a focus on the new Luxembourg IP regime. Filip will also share his insights on B2B financing structures, the application of the new general TP rules, lessons learnt from the first CbCr submissions, overview of the market and link with the IP regime.

BEPS and TP Developments in the MENA region

March 15 | 12:30 GMT

Until recently, the Middle East and North Africa (MENA) region has been perceived as a region where taxation and transfer pricing are not high topics on governmental agendas. Safae Guennoun from EY will cover recent economic trends in the MENA region, as well as the OECD initiative on the BEPS project, which have encouraged governments in the region to adhere to important international tax framework agreements as well as to consider updating their tax legislation in this respect.

Taxation of Cryptocurrencies

March 15 | 16:00 GMT (11:00 EST)

Learn about this ever changing landscape and the gap between new taxable events in cryptocurrency transactions and the regulations needed to support them. Kirk Phillips, CPA will focus on US taxation, however defining the unique events in cryptocurrency are universally important regardless of how a jurisdictions applies the respective rules. Chain splits like bitcoin and bitcoin cash, airdrops and giveaways are all unique events. What are they and how should they be taxed? What accounting method should be used to calculate capital gains and losses? When is cryptocurrency considered ordinary income vs. capital gain income? Why is cryptocurrency considered property for taxations purposes? What accounting method should be used to calculate capital gain income?

Day 4

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Value Creation Analysis under a TP perspective

March 16 | 10:00 GMT

The concept of Value Creation has gained a lot of attention from the transfer pricing community in the last year. The inclusion of this term in the new Transfer Pricing Guidelines presents a new challenge for transfer pricing practitioners. Brigitte Baumgartner applies Michael Porter’s value creation approach in a pragmatic way, and offers an alternative to Multinational Enterprises for aligning transfer pricing to companies strategies.

TP Developments in the Baltic Region

March 16 | 12:30 GMT

In January 2018, the Lithuanian Ministry of Finance published a discussion draft on the introduction of new Transfer Pricing Rules. Vykintas Valiulis of Grant Thornton explains the implications of the new rules such as mandatory preparation of transfer pricing documentation until the 6th month following the financial year-end, for each transaction exceeding 30 thousand EUR, for each entity which total turnover is more than 3 million EUR. He also covers TP developments in Latvia and Estonia and what the future looks like for the region in this regard.

Advanced TP Strategies: Resolving 5 Hot-Button Transfer Pricing Disputes

March 16 | 16:00 GMT (12:00 EST) CPE Eligible

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Virtual Tax Summit 2017

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Key International Tax Developments in 2017, Status and Outlook

2017 was a year marked with major developments in taxation around the world. Driven by a world that is ever more globalized, public opinion and governments have taken a serious look at the way current tax systems work and whether they are in need of reforms. From digital taxation initiatives, permanent establishment changes, EU blacklist and US tax reform plans, Barry discusses in detail what these developments mean and their impact across stakeholders.

Transfer Pricing Aspects of Intra-Group Financing in the post BEPS era

As the majority of BEPS Action Points directly or indirectly affect financing between group members, revisiting how debt and other financing mechanisms are designed and implemented has become more important than ever. Dr. Chand provides a technical session on the common frameworks for analyzing intra-group financing mechanisms such as inter-company loans, financial guarantees, captive insurance and cash pooling arrangements.

Artificial Intelligence and Tax

Following global initiatives to prevent base erosion and profit shifting, including here Action 6 which aims to prevent treaty abuse, new provisions and rules are expected to be developed which will likely increase the compliance burden for multinational taxpayers. To manage these changes, many are turning their focus on leveraging technology solutions such as AI to reduce time, efforts and costs associated with ensuring cross-border tax compliance. Dr. Blazej presents a novel approach to combating treaty abuse by using AI to assist tax authorities, tax courts and taxpayers with the Principal Purpose Test.

Taxation in the Digital Economy

Across the globe, tax jurisdictions continue to amend consumption tax legislation — be it a Value-Added Tax (VAT) or Goods and Services Tax (GST) system, and this in response to the unprecedented growth of the digital economy. To comply with consumption taxes instantly and seamlessly, digital solutions are more crucial than ever. John McCarthy from Taxamo is a leading expert in helping digital businesses manage their global VAT/GST compliance and presents how Taxamo’s digital VAT/GST compliance tool helps businesses around the world.

Trends in International Tax Careers

Following the changing tax landscape around the world, it seems that new skills are in demand for tax professionals. The reach of a tax professional’s work is no longer local, but rather global and with wide-reaching impact in the organization they work for. Radomir Graj, a seasoned tax professional and founder of Taxjobz, a fast-growing job board matching tax professionals and multinational corporations and professional firms, provides an overview of the job market for tax professionals and what the trends look like for the future.

Using the Income Approach to Value Intangibles

From an international tax professional’s perspective, intangibles and their valuation and treatment for tax purposes have always been challenging tasks. In particular, valuation techniques and their implications from a transfer pricing perspective have been a hot topic in light of the new digital economy and the rise of intellectual property. Tim Heberden, an IP Economist from Glasshouse Advisory explains how the income approach can be used to value intangibles using a 7-step process.

Trade Secrets from a BEPS perspective

Trade secrets are included in the definition of intangibles in the OECD BEPS Guidelines as well as 'qualifying IP' in a number of European 'patent box' tax regimes. Donal O’Connell from Chawton Innovation explains key characteristics of trade secrets and what BEPS developments and several new directives across the US and EU are attempting to address challenges with regulations trade secrets.

DEMPE – Functional Analysis for Intangibles

Actions 8-10 of the BEPS framework address the ever-challenging world of intangibles from a transfer pricing perspective. In this session, Kestutis from RoyaltyRange explains how to perform a functional analysis for intangibles. More specifically, he covers the concept of development, enhancement, maintenance and exploitation (DEMPE) of intangibles. According to this framework, MNE entities are compensated based on the functions performed, assets used, and risks assumed in the development, enhancement, maintenance, protection and exploitation of intangibles.

Tax Risk Management in the post BEPS era

In light of recent developments in tax disputes of multinationals with governments around the world, implementing a tax risk management framework has become key for many businesses. Karen Holste, expert in tax litigation and tax advisory with in-house and tax authority experience, explains methods, principles and systems to support and manage tax risks and the tax litigation processes cross border to secure cross group alignment on tax audit management.

Value Chain Analysis in Transfer Pricing

In a post-BEPS environment, the concept of value chain analysis has become pivotal. OECD has introduced the value chain analysis as a key basis for setting and documenting transfer prices in accordance with the arm's-length standard. Ben Miller from Bennett Thrasher explains their in-house developed 5-step approach to conducting value chain analysis which serves to formalize best practices for transparency and accuracy and effectively advise clients.

Best Practices in TP Documentation and CbCR

Action 13 of the BEPS framework puts an even stronger focus on taxpayers maintaining adequate TP documentation and adds the additional requirement of CbCR. In this session, David Zarecy from TP Tuned presents the 3-tiered approach to TP documentation and discusses implementation issues and compliance costs while recommending best practices and software tools to ensure comprehensive, consistent and accessible documentation for multinationals.

Automation in Transfer Pricing

Following BEPS developments which have increased international coordination in the field of transfer pricing, multinationals everywhere face tougher and more complex compliance and disclosure requirements. At the same time, today’s technology enables many business processes to be conducted more efficiently, including here transfer pricing. John from Intercompany Software discusses more about the how recent trends in technology, such as automation, have changed the way we think about transfer pricing processes and how TP software can help companies execute their transfer pricing policies in a smarter, faster and more accurate way.

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International Tax and Transfer Pricing Sessions

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Cross Border Transactions Virtual Tax Summit

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