IBFD Course Programme Transfer Pricing and Substance Masterclass
Overview and Learning Objectives The OECD BEPS project focuses on two items: substance and transparency. This is reflected in the reports published by the OECD on, inter alia, services, intangibles, intra-group financing and country-bycountry (CbC) reporting. The BEPS reports entail changes for day-to-day business operations. Businesses have already taken action (in some cases, urgent action) both to comply with new requirements and to consider the ways in which they do business in different countries. Monitoring and taking, additional actions may be needed in 2016. The masterclass will address questions such as how create value translates into a price or transfer pricing methodology, how to approach a value chain analysis and how to get the information related to CbC reporting out of an organization. This advanced-level, interactive masterclass consists of case studies and sharing best practices. It is designed for participants who already have knowledge of transfer pricing and want to gain more in-depth understanding of the implications of BEPS in their day-to-day practice. Participants will receive a roadmap on the changes that each of the BEPS reports on transfer pricing brings and how these reports are interrelated. The objective of the masterclass is to introduce the participants to changes flowing from the OECD BEPS reports. The masterclass is designed to provide an understanding of the guidelines laid down in the BEPS reports. This will be done by means of case studies focusing e.g. on specific transactions. Following a brief introduction to the individual topics, each session is complemented by a case study applying the principles in practice. In order to ensure the interactive nature of the masterclass, the number of participants is limited to 32. Prior to the event, participants will be given access to an online platform which provides them with additional reading material and supplementary material (e.g. legal documentation, case law and related articles/literature. Field of Study Taxes Who Should Attend? The course is suitable for transfer pricing advisers, lawyers, accountants, in-house transfer pricing managers, controllers and finance staff. Course Level and Prerequisites This is an advanced-level course. Participants taking this course will be expected to have a good understanding of transfer pricing principles. 2
Day 1 08.30-09.00 Registration 09.00-09.20 Welcome and IBFD Overview 09.20-11.00 Case Study: Applying Arm s Length Principle and Transfer Pricing Methods Actions 8-10 Value chain analysis Identifying commercial and financial relations Comparability factors, i.a.: functional analysis risks, changes to section D of chapter I of the OECD Guidelines Non-recognition of transactions Interaction Action 13 of BEPS 11.20-12.45 Case Study: Applying Arm s Length Principle and Transfer Pricing Methods (continued) 14.00-15.40 Case Study: Intangibles Link with chapters I-III of the OECD Guidelines and Actions 8-10 Identifying intangibles Ownership of intangibles Allocating intangible returns Link with Action 5 16.00-17.00 Case Study: Intangibles continued) 3
Day 2 09.00-11.00 Case Study: Services Link with chapters I-III of the OECD Guidelines and Actions 8-10 Identifying services Arm s length remuneration Low value adding intra-group services Cost sharing arrangements and link with Actions 8-10 11.20-12.45 Case Study: Services (continued) 14.00-15.40 Case Study: Intra-Group Financing Introduction Actions 8-10 Link with Action 2 Link with Action 4 Link with Action 6 16.00-17.00 Case Study: Intra-Group Financing (continued) 4
Day 3 09.00-11.00 Compliance Action 13 Master and local file Financial compliance Workshop including themes like education/communication and technology Sharing best practices 11.10-12.45 Compliance (continued) 14.00-15.40 Case Study: Dispute Resolution Action 14 Link with Action 5 EU developments 16.00-17.00 Case Study: Dispute Resolution (continued) 5