IBFD Course Programme Tax Planning in Africa and the Middle East

Transcription

1 IBFD Course Programme Tax Planning in Africa and the Middle East

2 Gain in-depth knowledge on a number of common international tax planning scenarios in Africa and the Middle East. You can now attend this popular IBFD Tax Course in Dubai! Overview and Learning Objectives This three-day intermediate-level course concentrates on a number of common international tax planning scenarios in Africa and the Middle East (ME) region. It examines the widely used regional tax planning routes, structures and tax treaties. Attention will also be paid to domestic and regional tax policy and transfer pricing developments. Regarding the ME region, special consideration will be given to certain domestic tax regimes, such as Bahrain, Egypt, Lebanon, Oman, Qatar and the United Arab Emirates. In addition, the course will take a specific look at different sub-saharan countries in Southern Africa (e.g. Malawi, Mauritius, Mozambique, South Africa, Zambia), Central Africa (e.g. Congo Dem. Rep. and Congo Rep.), West Africa (e.g. Ghana, Liberia, Nigeria) and East Africa (e.g. Kenya, Tanzania, Uganda) and will provide a high-level overview of the specific features of the tax systems that make these countries lucrative investment targets in the region. Course participants will also learn about some other jurisdictions (e.g. the Netherlands, Luxembourg and Switzerland) that are commonly used as investment gateways to Africa. The course covers, through a combination of formal presentations and complex examples, some common tax planning tools involving holdings, financing and treasury companies and branches, and tax consolidation regimes. Both inbound and outbound tax planning techniques will be examined. The course will present the latest issues for manufacturing and distributor multinational enterprises as well as an introduction to tax planning related to R&D activities, intangibles and permanent establishments, including the potential impact of recent international developments under the OECD Base Erosion and Profit Shifting (BEPS) Project and the Multilateral Instrument on tax planning in selected African and ME countries. This course is designed to provide participants who deal with international tax planning in the region with updates on relevant tax treaty and transfer pricing developments. The course is also important for those tax professionals who are not based in Africa or the Middle East but whose day-to-day work requires further knowledge of the tax issues of the region. Field of Study Taxes Who Should Attend? The course is suitable for (E)MEA tax managers and directors, practitioners in tax advisory firms, other inhouse tax specialists in commerce and industry (such as real estate, manufacturing, pharma, finance, insurance and banking) and government officials. Course Level and Prerequisites This is an intermediate-level course. Participants taking this course will be expected to have a good understanding of at least one national tax system and the fundamentals of double tax treaties and transfer pricing. 2

3 Day Registration, Welcome and IBFD Overview Introduction to the Domestic Tax Systems in the ME Region Overview of regional corporate tax regimes Domestic laws of countries in the region Allocation of assets and profits Saudi Arabia, Bahrain, Qatar, Egypt, United Arab Emirates Specific requirements for investments in the Middle East Financial centres, free trade zones Current approaches to taxing foreign investments adopted by emerging economies Post-BEPS tax policy developments OECD BEPS Actions implementation Regional initiatives, competition and protectionism Gulf Cooperation Council: common tax projects Break Refreshments Tax Treaty Network of the ME Countries Overview of selected treaties and articles Domestic law treaty overrides Reduction of withholding taxes Treaty routes to invest in the Middle East The Middle East as a key route to invest in other jurisdictions Anti-avoidance rules in the ME region Tax transparency Exchange of information Lunch Introduction to the Domestic Tax Systems of Selected African Countries Prominent features of selected African corporate tax regimes types of taxes in the region tax rates tax incentives popular forms of doing business withholding taxes on passive income Break Refreshments 3

4 Introduction to the Domestic Tax Systems of Selected African Countries (continued) Day Tax Treaty Network of Selected African Countries Overview of selected treaties and articles Relationship between domestic law and treaties Treaty overrides Tax treaties of selected countries with African nations Hong Kong, Luxembourg, Netherlands, Singapore, Switzerland, United Kingdom, United States Anti-avoidance rules in selected African countries treaties Break Refreshments Tax Treaty Network of Selected African Countries (continued) Lunch Tax Planning for Holding Activities in the Middle East Goals and objectives of a holding company Use of holding companies in the Middle East Taxation of dividends and capital gains Withholding taxes Treaty benefits for holding companies based in the Middle East: experiences and case law decisions Selection of holding company locations in the Middle East Overview of common holding company locations Bahrain, Lebanon, Qatar and the United Arab Emirates Break Refreshments Tax Planning for Financing and R&D Activities in the Middle East Debt vs equity finance Use of finance companies and branches in the Middle East back-to-back arrangements relevant tax treaty rules and regional legislation 4

5 practical examples intra-group loans guarantee fees cash pooling Transfer pricing (TP) and thin capitalization rules Tax-effective intellectual property (IP) models in the Middle East main tax issues choice of location in the creation of IP in the Middle East the migration of IP to and from the Middle East other tax and TP issues related to IP use Day Tax Planning for Holding and Financing Activities in Africa Common holding and financing company locations used for investments in Africa Taxation of passive income Financial centres: TP and thin capitalization rules Relevant treaty rules Break Refreshments Managing Permanent Establishment Risks in the Middle East and in selected African Countries Permanent establishments (PEs) in supply chains, operational models and business structures PE definitions in selected domestic legislations and treaties fixed place of business PEs agency PEs practical examples Common types of business models and the PE risks shared services manufacturing activities distribution and sales activities Tax treaty aspects Relevant case law Recent developments and their importance for the ME Lunch 5

6 The Multilateral Instrument from an African and ME Perspective Introduction to the Multilateral Instrument (MLI) Procedural regulations: entry into force and effective dates Relationship between DTC (covered tax agreements (CTA) and non-cta) and the MLI Structure of the MLI and its substantive provisions most important articles (e.g. PPT, LOB) Signatories from Africa and the Middle East reservations, options, opt-in and opt-out of African and ME countries Impact of MLI and its provisions on corporate tax structures and popular investment routes Break Refreshments Practical Challenges in Transfer Pricing in Selected African Countries Overview of local TP rules Similarities and differences with OECD TP Guidelines and UN TP Manual Specific aspects of TP guidance in selected African countries Post-BEPS tax policy developments Implementation of BEPS on TP Practical TP issues for MNEs conducting business in Africa 6