IBFD Course Programme Current Issues in International Tax Planning

Transcription

1 IBFD Course Programme Current Issues in International Tax Planning

2 Summary This intermediate-level course provides participants with an in-depth understanding of the current discussions relating to international tax planning. Participants of the course will also be given the opportunity to explore the latest legislative changes in the international tax arena and to discuss their concerns and potential responses. Overview and Learning Objectives Subsequent to the OECD/G20 BEPS Project and the EU initiatives, the implementation and the impact of these measures are key elements of the work ahead. In this course we are looking at the most recent updates, the current status and the prospects regarding international tax planning. Our focus areas throughout the course will include the following: current trends in international tax planning, including the review and monitoring of the implementation of the OECD BEPS measures, an update on the EU developments and a brief look at the recent global developments the most recent update on the implementation of the Multilateral Instrument and its impact on international tax planning involving tax treaties the effectiveness of anti-avoidance measures such as GAARs, CFC regimes, thin capitalization rules and treaty anti-abuse rules tax treatment of related-party debt financing and other intra-group financial transactions international tax considerations of mismatches in entity and instrument characterization international tax aspects of transactions involving intangibles recent developments concerning transfer pricing the future of advance tax rulings and the latest update on EU State aid investigations Field of Study Taxes Who Should Attend? The course is suitable for practitioners in tax advisory firms, tax specialists in commerce and industry, and government officials. Course Level and Prerequisites This is an intermediate-level course. Participants will be expected to have a basic knowledge of the tax system of at least one country. 2

3 Day Registration Welcome and IBFD Overview Current Trends and Issues in International Tax Planning The implementation of BEPS measures: a success or the creation of chaos? The MNE s business perspective uncertainties and/or concerns Countering Aggressive Tax Planning From an EU Perspective Recent and future EU developments Corporate Tax Reform Package Anti-Tax Avoidance Package (ATAP) and its implementation Tax Transparency Package ECJ case law developments Lunch The Multilateral Instrument Has It Been a Success? The role and legal status of the Multilateral Instrument (MLI) The relationship between the MLI and double tax treaties Modus operandi of the MLI Reservations and alternative options Procedural rules, treaties covered, potential controversies, interpretation issues Case Study This case study will give course participants an opportunity to discover and discuss the way in which BEPS affects their business operations and understand and address how the different domestic law implementations and the MLI could create potential challenges and disputes in the future. 3

4 Day Latest Developments around the Globe From an international tax perspective what are the reactions in the aftermath of BEPS? A brief look at the tax developments in i.a. China, Hong Kong, India, Singapore, the United States Permanent Establishments and Their Relevance in International Tax Planning International tax planning structures and the exploitation of the PE concept Business restructurings how are the MNEs reacting to the new playing field? Unilateral domestic responses to PE abuse The attribution of profits to PEs Lunch Cross-Border Intra-Group Holding, Financing and IP Structures in a Post-BEPS Environment Meaning and impact of various treaty-related anti-avoidance measures dual resident entities transparent entities PPT/(S)LOB and substance dividend transfer transactions capital gains and immovable property entities PEs in third states Selection of recent case law and relevant country developments Group discussions Cross-Border Intra-Group Holding, Financing and IP Structures in a Post-BEPS Environment (continued) 4

5 Day Transfer Pricing Post-BEPS Summary of BEPS Actions 8-10 application of the new OECD Guidelines on Chapter I, risk analysis and comparability factors application of profit split methods Action 13 transfer pricing documentation and CbCR effects of post-beps transfer pricing methodology on supply chain analyses the role of funding and capital low-value-added intra-group services examples and cases The relevance and the impact of the OECD TPG on domestic law How countries look at and follow the OECD TPG? Transfer Pricing Post-BEPS (continued) Lunch Current Update on Tax Planning for Intangibles (and R&D Activities) Choice of location in the creation and exploitation of intangibles Different types of tax-efficient IP models When is tax planning for intangibles considered aggressive? Transfer pricing and IP Practical examples The Future of ATRs and the Latest Update on EU State Aid Investigations Advance tax rulings (ATRs) and their relevance for multinationals ATRs post BEPS Reflection on the European Commission s position on State aid analysis of the State aid cases 5