Educational Course Credit — Up to 14 CPE / CLE Credits Available
Agenda
Monday, March 11th
9:10am - 9:40am Opening Keynote Address: An OECD view on the future of Transfer Pricing; OECD work on base erosion and profit shifting
Speaker: Pascal Saint-Amans, Director of the Centre for Tax Policy and Administration, OECD
Our keynote speaker will discuss the OECD view of the future of transfer pricing, the current OECD work on "Base Erosion and Profit Shifting", and the impact on OECD work of increasing non-OECD jurisdictions' influence, and NGOs and media interest in taxation.
9:40am - 11:00am TRANSFER PRICING DEVELOPMENTS AT THE UNITED NATIONS AND IN EMERGING ECONOMIES
Moderator: Mary Bennett, Baker & McKenzie, US
Speakers: Carol Dunahoo, Baker & McKenzie, US; Sanjiv Malhotra, BMR Associates, India; Diego José González-Béndiksen De Zaldívar, Deputy Director of International Audit, National Customs and Tax Administration, Colombia; Michael Lennard, Chief International Tax Cooperation & Trade, FfDO, UN; Shanwu Yuan, formerly of China State Administration of Taxation
During this session, panellists will discuss the contents and effects of the newly adopted United Nations Transfer Pricing Manual for Developing Economies and review recent developments and expected trends in transfer pricing in the emerging economies, including Brazil, China, and India, through the eyes of government officials, practitioners and company representatives. It will also address the prospect of an increasing use of safe harbours negotiated by countries on a bilateral basis and the challenges and opportunities of domestic and cross-border dispute resolution.
11:00am - 11:15am COFFEE BREAK
11:15am - 12:30pm THE ONGOING DEBATE ON INTANGIBLES: WHAT ARE THEY AND HOW SHOULD THEY BE TAXED?
Moderator: Caroline Silberztein, Baker & McKenzie, France
Speakers: Joe Andrus, Head of Transfer Pricing Unit, OECD; Cyrille Dero, Group Tax Director, Danone, France; John Henshall, Deloitte, UK; Gary Sprague, Baker & McKenzie, US; Joseph Andrus, Head of Transfer Pricing Unit, OECD
The OECD discussion draft released in June 2012 on the transfer pricing aspects of intangibles has created a significant amount of dialogue on key issues surrounding intangibles, with over 70 private sector organisations sending written comments and a 2-day consultation meeting being held at the OECD's headquarters in Paris in November 2012. This session will carry forward the debate on how intangible related returns should be allocated among various jurisdictions. Through the active use of case studies, panellists will examine key cutting edge issues surrounding intangibles definition, allocation of rights to intangible related return and valuation of transactions involving the use or transfer of intangibles.
12:30pm - 1:30pm LUNCH
Keynote Address: China's view of the future of transfer pricing
Speaker: Liao Tizhong, Deputy Director General of International Taxation, State Administration of Taxation, China
1:30pm - 2:45pm CHALLENGES AND OPPORTUNITIES ASSOCIATED WITH ADVANCE PRICING AGREEMENTS
Moderator: Stephan Schnorberger, Baker & McKenzie, Germany
Speakers: Noor Azian Abdul Hamid, Multinational Tax Dept, Inland Revenue Board of Malaysia; Carlos Pérez Gómez Serrano, Servicio de Administracion Tributaria, Transfer Pricing, Mexico; Liao Tizhong, Deputy Director General of International Taxation, State Administration of Taxation, China; Salim Rahim, Baker & McKenzie, US
Advance pricing agreements continue to be a unique dispute resolution alternative for transfer pricing cases. They are, however, subject to various challenges as many countries are making changes to their programmes that are very different from place to place. In the US, for example, the APA program has been recently changed and restructured, and these changes will certainly impact use of the programme going forward. This session will address current experiences with a variety of global APAs and changes made by many jurisdictions.
2:45pm - 3:00pm COFFEE BREAK
3:00pm - 4:15pm THE CURRENT STATE OF GLOBAL TRANSFER PRICING DISPUTE RESOLUTION
Moderator: George Clarke, Baker & McKenzie, US
Speakers: Tom Ralph, Transfer Pricing Practice Territory Manager, Large Business & International Division, IRS; Giuliana Polacco, Baker & McKenzie, Italy; Eduardo Vistisen, Vistisen Tax Attorneys,
Denmark; Paolo Valerio Barbantini, Director Large Business Division, Italian Revenue Agency
As many governments continue to be aggressive with transfer pricing adjustments, undoubtedly there is more emphasis on MAP proceedings and the threat/use of arbitration in highly contested cases. This session will address various methods of dispute resolution, including a focus on recent experiences in a variety of MAP proceedings and the impact of arbitration provisions contained in a growing number of treaties. Additionally there will be a discussion on the EU Arbitration Convention and the role of the EUJTPF in promoting this, as well as OECD and UN work in the dispute resolution arena.
4:15pm - 5:30pm BLOOMBERG BNA’S TRANSFER PRICING FORUM – INTERNATIONAL CASE LAW
Moderator: Danny Beeton, Freshfields Bruckhaus Deringer, London, UK
Speakers: Murray Clayson, Freshfields Bruckhaus Deringer, UK; Mike Heimert, Global Transfer Pricing Managing Director, Duff & Phelps LLC, US; Rahul Mitra, PWC, India; Alexander Voegele, NERA, Germany; Mayra Lucas Mas, Advisor, Tax Treaty, Transfer Pricing & Financial Transactions Division, Centre for Tax Policy and Administration, OECD
In this session, panellists from Bloomberg BNA’s Transfer Pricing Forum will discuss recent case law developments. The Transfer Pricing Forum, bringing together experts from up to 30 countries, meets four times a year to address key transfer pricing concern or questions, explaining how these issues are handled in their own jurisdiction and offering practical detail and insight. Recent topics covered by the Transfer Pricing Forum include the transfer pricing aspects of Financial Services, Dispute Resolution and Intangibles. Most recently, the Transfer Pricing Forum has provided expert commentary on key cases in international transfer pricing case law. In this session, the Transfer Pricing Forum Editorial Board will clarify and explore important case law developments – and provide guidance on the implications for global transfer pricing policies.
6:00pm - 7:30pm RECEPTION, Cercle de l'Union Interalliée; 33, Faubourg Saint-Honoré
Tuesday, March 12th
9:00am - 10:15am MANAGING AND SURVIVING GLOBAL TRANSFER PRICING AUDITS
Moderator: Margreet Nijhof, Baker & McKenzie, Netherlands
Speakers: Marc Zaal, Tax Director EMEA, Whirlpool, Switzerland; Irit Frogel, Tax Director, Hewlett-Packard, Israel; Marc Levey, Baker & McKenzie, US; Pieterbas Plasman, Head of the APA, Advance Tax Ruling Team, Dutch Tax Administration; Giammarco Cottani, Advisor to the Commissioner of Central
Enforcement Directorate – International Tax, Italian Revenue Agency
Multinational companies are increasingly facing transfer pricing controversies in a variety of jurisdictions. This session will involve a discussion of hot transfer pricing topics that are the subject of disputes in key jurisdictions and options for successfully resolving such disputes. Also discussed will be recent experiences with simultaneous multi-jurisdictional audits and how governments are or will be working more closely together with exchanges of taxpayer information.
10:15am - 10:30am COFFEE BREAK
10:30am - 11:45am PRICING FINANCIAL TRANSACTIONS: THE CHALLENGES OF TRANSFER PRICING FOR LOANS, GUARANTEES, AND OTHER FINANCIAL TRANSACTIONS
Moderator: Antonio Russo, Baker & McKenzie, Netherlands
Speakers: John Neighbour, KPMG, UK; Moiz Shirazi, Baker & McKenzie, US; Paolo De Salvia, Global Head of Tax, Noble Group, Hong Kong SAR; Giammarco Cottani, Advisor to the Commissioner of Central
Enforcement Directorate – International Tax, Italian Revenue Agency; Inga Kondrataite, EMEIA Transfer Pricing Manager, Nissan; Bas van der Goorbergh, Tax Director EMEA, Hewlett-Packard, Netherlands
This session will provide a look at the transfer pricing issues associated with a variety of financial transactions. Issues continue to arise globally with regard to what appear to be straight forward transactions, and this panel will focus its discussion on pricing options for intra-group financings, guarantee fees and more complex intercompany financings which continue to draw attention from various tax authorities.
11:45am - 12:15pm Keynote Address: New ideas and recommendations for the taxation of the digital economy: permanent establishment, transfer pricing, and alternative bases
Speaker: Nicolas Colin, Tax Inspector, Ministry of the Economy and Finance, France, Head of the General Tax Inspectorate Commission on Transfer Pricing Audits 2012
12:15pm - 1:15pm Lunch
1:15pm - 2:15pm THE ECONOMICS OF TRANSFER PRICING
Moderator: Dick Boykin, Baker & McKenzie, US
Speakers: Bill Finan, Deloitte, France; Shenn-Yi Lo, Senior Director of Transfer Pricing, eBay, US; Nigel Dolman, Baker & McKenzie, UK; Philippe Paumier, Global Head of Transfer Pricing, Sanofi, France
This panel of top transfer pricing economists will discuss cutting edge economic issues, including IP valuation issues, the potential use of CUPs for various intercompany transactions, and issues arising in constructing arm’s length ranges from benchmarking.
2:15pm - 3:30pm Business Models -- Developments and Trends
Moderator: Richard Fletcher, Baker & McKenzie, UK
Speakers: Joe Duffy, Matheson, Ireland; John Peterson, Baker & Mckenzie, US; Jan-Paul Vestering, Head of Transfer Pricing, Carlsberg, Switzerland; Mark Freeman, Tax Director Europe Region, Baker Hughes, UK; Nicolas Colin, Tax Inspector, Ministry of the Economy and Finance, France
Business restructuring remains a high profile topic, recognised not least by the historical work on Chapter IX of the OECD guidelines. This session will examine the often highly contentious issues raised by centralised business models such as those involving principal-limited risk service providers, including substance requirements and deemed permanent establishments. The panellists will also review some of the different pricing constructions often considered in connection with centralised management, as well as the often thorny considerations arising when restructuring out of such models.
3:30pm - 3:45pm COFFEE BREAK
3:45pm - 4:45pm GLOBAL TRANSFER PRICING: THE VIEW FROM INSIDE MULTINATIONAL COMPANIES
Moderator: Melinda Phelan, Baker & McKenzie, US
Speakers: Paul Morton, Head of Group Tax, Reed Elsevier, UK; Moisés Curiel García, Baker & McKenzie, Mexico; Antoinette Segreto, Vice President Tax, Becton, Dickinson and Company, US; Marc Zaal, Tax Director EMEA, Whirlpool, Switzerland
This final panel will include a lively debate among practitioners and industry specialists to weigh in on hot topics in transfer pricing that companies are facing on a continuous basis and best practices for dealing with those issues. From tax inspectors to financial auditors, transfer pricing is a daily issue for multinational companies and this session will provide practical tips for effectively managing a growing number of transfer pricing issues, as evidenced by the prior conference sessions.