WILLIAM ARTHUR SPILLER, JR. 250 Sandpebble Drive The Woodlands, TX /

Transcription

1 WILLIAM ARTHUR SPILLER, JR. 250 Sandpebble Drive The Woodlands, TX / waspiller@gmail.com EDUCATION Ph.D., Economics, Duke University 1989 Fields: Public Finance, International Economics, Political Economy M.A., Economics, Duke University 1986 M.S., Economics, Oklahoma State University 1984 B.S., Accounting and Economics, Oklahoma State University 1983 PROFESSIONAL CERTIFICATIONS Certified Public Accountant (Texas) Certified Internal Auditor (Inactive) Certified Information Systems Auditor (Inactive) PROFESSIONAL EXPERIENCE UNIVERSITY OF TEXAS at AUSTIN Lecturer, McCombs School of Business, Department of Accounting Present GRANT THORNTON, Managing Director, Transfer Pricing 2005 Jan 2017 Member US Transfer Pricing Advisory Committee Member US Tax Accounting and Risk Assessment Group Member US International Tax Technical Issues Resolution Group Training Coordinator for Transfer Pricing Courses for Grant Thornton LLP Started the practice in Houston at the request of several former partners from Andersen and grew the Houston practice to the largest in the US and the third largest in the world for Grant Thornton. Responsibilities included hiring and training new employees, developing new business and supervising projects. Responsible for quality assurance as the technical reviewer for the US firm in all aspects of transfer pricing documentation and Central region audit defense issues. Developed transfer pricing capabilities among audit and the tax risk assessment groups through the development of standard audit workpapers for financial statement audit. Acted as the primary contact for the evaluation of transfer pricing issues in tax provision for the Central region and technical transfer pricing issues for the US. Developed and delivered transfer pricing training to both US and international Grant Thornton employees in the US, Panama, Kuala Lumpur, Brussels, Barcelona, Frankfort, Mexico, Argentina and Montreal. Was the primary contact for the development and delivery of transfer pricing courses for all Grant Thornton LLP employees. PRICEWATERHOUSECOOPERS, Manager, Systems and Process Assurance Performed Section 404 readiness engagements, including preparing narratives of business processes, documenting internal controls and assisting in the determination of key controls.

2 Page 2 Assisted in the audits of IT general computer controls and application computer controls for financial statement audits. LECG, Director, Transfer Pricing ARTHUR ANDERSEN, Principal, Transfer Pricing Started the practice in the Houston office of Andersen. Responsible for Southwest Region PRICEWATERHOUSE COOPERS, Director, Transfer Pricing Started the practice at PwC in Houston and moved to Andersen to start their practice. ADDITIONAL PROFESSIONAL EXPERIENCE UNIVERSITY OF TEXAS at AUSTIN Lecturer, Graduate School of Business Administration, Department of Accounting Taught graduate tax classes, including corporate tax, consolidated tax returns and international tax, Advisor to students in the tax track in the MPA/PPA program. Beta Alpha Psi Faculty Advisor ERNST & YOUNG Senior Manager, Tax Analysis and Economics Group, National Tax Office U.S. DEPARTMENT OF THE TREASURY International Economist, Office of Tax Analysis, International Taxation UNIVERSITY OF NORTH TEXAS Assistant Professor, Department of Economics Public Finance Undergraduate and Graduate Economics of Taxation Principles of Economics CONGRESS OF THE UNITED STATES Consultant, Joint Committee on Taxation DUKE UNIVERSITY Head Teaching Assistant and Research Assistant, Project on Tax Reform

3 Page 3 PAPERS AND PRESENTATIONS Publications Multinationals Face Formidable Challenges in Valuing Intangibles: Part I Purchase Price Allocation, with Joyce Beebe, Bloomberg BNA Transfer Pricing Report, Vol 27 June 19, 2018 Multinationals Face Formidable Challenges in Valuing Intangibles: Part II Customs, with Joyce Beebe, Bloomberg BNA Transfer Pricing Report, Vol 27 November 1, 2018 The Changing Role of Risk in Transfer Pricing with Tyler A LeFevre, Tax Management Transfer Pricing Report, Vol. 25, Page 1235, 2017 Adjusting for Price Risk Resulting from Long-Term Supply Contracts with Claire Meyer, Tax Management Transfer Pricing Report, Vol. 23, Page 174, 2014 Working Papers The Changing Role of Risk in Transfer Pricing, with Tyler LeFevre. Did the Tax Reform Act of 1986 Really Improve the Allocation of Resources? with Donald J. Rousslang. "The Relative Power of Tests for Simple Structural Changes: A Comparison of the CSUM, Quandt-Ratio, and Wald Statistics," with John Rogers. "A Comparison of the International Cost of Capital: Evidence from a Micro Data Set." What Are The Relevant Variables That An International Firm Considers In Its Cost of Capital: A Comment"? Presentations "What Ever Happened to the Twin-Plant? A Study of the Industrial Development of the Maquiladora Industry along the Border," with David J. Molina and Steven L. Cobb presented at the annual meeting of the Association of Borderland Scholars in Tijuana Baja California, Mexico, February 21-24, "The International Cost of Capital, Advice to Policy Makers: Evidence from a Micro Data Set," presented at the annual meetings of the Southern Economic Association in New Orleans, November 18-21, Did the Tax Reform Act of 1986 Really Improve the Allocation of Resources? with Donald J. Rousslang presented at the annual meeting of the American Economic Association in Boston, MA, January 3-5, The Contractual Allocation of Cost, presented at the monthly meeting of the Houston International Tax Forum, Houston, TX, May 4, Transfer Pricing Issues in Inversion Transactions, presented at the monthly meeting of the Houston International Tax Forum, Houston, TX, October 3, 2002.

4 Page 4 The New Proposed Service Regulations, presented at monthly meeting of Houston TEI international tax committee, Fall New FIN 48 Demands on Transfer Pricing Strategies, an audio conference presented by Strafford Publications, May New FIN 48 Demands on Transfer Pricing: Preparing Clients for Heightened Scrutiny of Cross-Border Transactions, an audio conference presented by Strafford Publications, July FIN 48 Impact on International Tax Practitioners, with Jim Spencer presented at the 26 th Annual International Tax Conference by the Florida Bar Continuing Legal Education Committee and the Tax Section of the Florida Institute of Certified Public Accountants, Miami, FL, January 24, 2008 Current Trends in Transfer Pricing, Twenty-First Annual Education Day, Petroleum Accountants Society of Houston, May 26, Transfer Pricing for Lending and Leasing Transactions, 2012 AICPA International Business Conference, Washington DC, June 12, 2012 Interrelationship of ASC 740 (FIN48) and Transfer Pricing, BNA/Bloomberg CITE, US Accounting (ASC 740) for Income Taxes, Houston, TX, May 21, 2013 Doing Business with the Joint Venture Intercompany Pricing Rules of Section 482, BNA/Bloomberg CITE, Tax Aspects of International Joint Ventures, Houston, TX, June 9 & 10, 2014 Control under Section 482, St Louis International Tax, Inc. St. Louis, MO, November 6, 2014 Recent IRS and OECD Activities in Transfer Pricing, Petroleum Accountants Society Houston, Houston, TX, May 20, 2015 Some Observations on BEPS Actions 8 through 10, Fourteenth Annual International Tax Training Seminar, St Louis International Tax, Inc. St. Louis, MO, October 29, 2015 Is Operational Transfer Pricing Right for Your Company? SYNERGY 2015, Thomson Reuters, Orlando, FL, November 10, 2015

5 Page 5 The New Proposed Regulations under Section 6038 Country by Country Reporting, Houston International Tax Forum, Houston, TX, February 2, 2016 Accounting for Transfer Pricing, Accounting for the Tax Practitioner, Michigan Association of CPAs, Livonia, MI, June 7, 2016 REPRESENTATIVE ENGAGEMENTS Transfer Pricing, Valuation, and Corporate Restructuring Projects Calculation of buy-in payments for a large computer hardware manufacturer. The engagement was to calculate and develop alternative choices for cost sharing of the intangible property developed and used by the manufacturer. This involved valuing the property by product line and by geographical location. The intangible property consisted of both circuit board designs, manufacturing know-how, trade secrets, trade names and developed operating system software. The company manufactured consumer and business pc and laptops, servers, and storage devices. The company manufactured on 4 continents and had sales operations on 5 continents. The engagement had elements of supply restructuring because after the structure was implemented the foreign cost sharing entity had tolling agreements with the manufacturers. Calculation of buy-in payments for specialty software. Engagement consisted of a calculation of the value of software to be cost shared with an offshore R&D partner. Calculation of buy-in payments for a telecom software company. Engagement consisted of determining values to be used in a cost sharing operation with an offshore-related party. The engagement was modified to determine arm-length royalty payments with transferring the intangible property. The engagement also involved the calculation of an arm s length range for an Indian programming operation. Calculation of buy-in payments for a seismic software company to determine if implementing a cost-sharing structure was appropriate. It was determined after the valuation was completed that the structure would involve too much initial tax costs. Calculation of arm s length royalty payments for a European chemical operation and the value of the intangible property related to the processes and know-how used by three different chemical manufacturing plants. This engagement also involved setting up a principal to operate the European chemical business. Assisted the client in determining what business functions and risks were placed with each party in the principal-agent structure.

6 Page 6 Calculation of arm s length royalty payments for a construction company to use in charging related parties for the use of its trade name and its related business practices and software. Calculation of arm s length royalty payments for a consulting company to use in charging related parties for the use of its trade name and its related business practices and software. Calculation of value of intangible property of a manufacturer of pressure relief values. Engagement involved the calculation of the value of the patents, trade secrets and knowhow of a manufacturer of pressure relief values used in the manufacturing process. The engagement also required the calculation of an arm s length royalty rate for the purchaser to license back the intangible property to the seller. Calculation of the value of payments for the license of technology to third parties, located in the US, by a UK firm to its US subsidiary. Calculation and verification of several arm s length royalty rates to license the use of intangible property between related parties. Calculation of buy-in payment for a US bio-pharmaceutical and the related planning for a supply chain structure in Europe Represented clients in transfer pricing audits with the IRS and at appeals. Participated in the representation of clients in transfer pricing audits with Revenue Canada Represented clients in Competent Authority cases Other Significant Planning Engagements Developed generic documentation for a contract driller to use in documenting intercompany prices when the company s offshore drilling platforms were moved from one country to another. Developed a new system of prices for an oilfield service company. The new pricing scheme treated the US as a contract manufacturer by placing the business risk with the operating companies. This allowed the company to save several million dollars in import duties imposed on tools manufactured by the US parent.

7 Page 7 Developed markups for a consumer electronics company to use on R&D developed in the US and licensed to a Hong Kong manufacturer. The products manufactured were then sold to Japanese manufacturers. These same manufacturers had licensed other portions of the technology from the US entity. Developed a document to demonstrate and document intercompany transactions engaged in by a deepwater seismic company. The document was used to help the company plan where to perform certain operations to minimize taxes. Developed a range of prices for a subsidiary of a foreign steel company. The company manufactured pipe used in the chemical industry. The effect of the restructuring was to turn the US company into a commissionaire. Developed pricing strategy for a company engaged in the drilling services business. The company had valuable technology in the logging while drilling and measurement while drilling business. Developed pricing strategies for three separate software companies. The companies had different platform technology and different approaches to customer relations. Planned for commissionaires and cost plus. Developed a range of prices for a new start-up IT consulting firm to use in intercompany charges. Developed global documentation packages for one of the world s largest sock manufacturer. The company has global distribution and contract manufacturing as well as, third party manufacturing. Developed documentation and intercompany pricing for several gas marketing companies. Developed pricing strategy for a company engaged in providing outsourced audit services. Developed a pricing strategy for two separate hotel chains to use in their recovery of operating procedures, management, trade names, and other associated services. Developed, for several clients, pricing strategies to implement the new US service regulations.

8 Page 8 Developed for several companies arm s length interest rates for intercompany debt obligations between the US and Luxembourg. Developed arm s length interest rates for the intercompany for a company involved in the mining industry on five continents. Financial Statement Auditing (not tax) Sarbanes-Oxley Section 404 Readiness Engagements Team member of Sarbanes-Oxley documentation efforts. Companies included software and consumer products. Documentation consisted of process narratives, process flows and control matrices. External Auditing Experience Team member for external audits. Assignments were to audit general computer controls and automated application controls. Clients consisted of energy and consumer products companies. FIN 48 Experience Participated as member of the audit team on several public audit clients evaluating the transfer pricing exposure for financial statement purposes. Clients consisted of software developers, oil and gas exploration, oil field services, manufacturing and distribution. Worked on several FIN48 readiness engagements, including software, manufacturing and distribution PROFESSIONAL MEMBERSHIPS American Institute of Certified Public Accountants Member, Tax Section Member, International Tax Technical Resource - Transfer Pricing Task Force Houston Chapter, Texas Society of Certified Public Accountants American Economic Association PERSONAL INTERESTS Fly-fishing and Fly-tying