Join us for a two-day technical update with live group instruction on the latest U.S. legal, tax and financial issues facing foreign multinationals doing business in the United States.

Course Level: update; Delivery Method: group live 

Learning Objectives

After attending this event, participants will be able to

• Discuss how companies can structure tax efficient U.S. operations - interrelationship with the a permanent establishment (PE) rules
• Describe using joint ventures and multi-tiered partnerships for investment vehicles
• Understand the U.S. tax treaty implications of investing in or operating a U.S. trade or business - avoiding the limitation on benefits
• List the latest strategies used by foreign shareholders for financing U.S. acquisitions and accessing excess U.S. funds for working capital
• Explain the latest state sales and income tax developments and how inbound companies can evaluate state tax exposure
• Discuss the latest FATCA rules and how they affect foreign-controlled companies with U.S. operations
• Determine the best transfer pricing policies for U.S. operations of foreign-controlled companies - implementing the latest U.S. Customs guidelines
• Discuss the latest U.S. tax implications of acquiring or reorganizing a U.S. company or its shareholders

Prerequisites

There are no prerequisites for attending this program.

SUBSTITUTIONS, CANCELLATIONS & COMPLAINTS

Cancellations received more than 72 business hours prior to the meeting will be issued a credit. A $350 fee will apply to cancellations received within 72 business hours of the event. No credit card or cash refunds will be issued at any time. For more information regarding administrative policies, such as complaints and refunds, please contact us at 800.372.1033, or e-mail customercare@bna.com. Credits will not be issued for "no shows".

Monday, Day One

8:00 am Registration and Continental Breakfast

8:30 am Welcome and Introduction

8:45 am Legal and Tax Aspects of Structuring Inbound Investments

• Selecting the entity – branch, corporation, pass-through or check-the-box entities – Income Tax Treaty issues
• Avoiding Permanent Establishment (PE) status – choosing the best location for a holding company
• Determining the U.S. effective tax rate – understanding the Branch Profit Tax on Dividend Equivalent Amounts
• Structuring single and multi-tiered partnerships and joint ventures for U.S. investment activities

10:30 am U.S. Income Tax and Treaty Aspects of Doing Business the United States

• U.S. tax treaty developments affecting withholding tax on payments by inbound companies
• Distinguishing passive U.S. source investment income (FDAPI) and active U.S. business profits
• Payments to hybrids and reverse hybrids under Sec. 894(c) - treaty residency and documentation rules to establish beneficial ownership
• Understanding the Treaty Limitation on Benefits article – comparison of derivative benefit tests for NAFTA and EU members

12:15 pm LUNCHEON

1:30 pm Current Developments in Organizing or Reorganizing a U.S. Business

• Taxation of transfer on incorporation – treatment of intangibles
• Stock v. asset acquisitions - latest Sec. 338 election strategies for stepping-up the basis of acquired assets
• Acquisitions strategies from the buyers'/sellers' perspective – taxable v. tax-free – understanding the Sec. 367 provisions
• Avoiding the Sec. 304 related party redemption rules
• Update on inversions involving U.S. corporations under Sec. 7874 and relocating business value after Notice 2012-39

3:15 pm Break for Refreshments

3:30 pm Financing U.S. Operations

• Avoiding thin capitalization issues on cross-border lending activities – interrelationship with U.S. tax treaty provisions
• Designing financial products to minimize the earnings stripping limitation under Sec 163(j) – treatment of guarantee fees
• Latest tax treatment of Portfolio Debt instruments and payments to offshore hybrid entities
• Update on FATCA reporting and withholding tax provisions

5:00 pm Meeting Adjourns for the Day

Tuesday, Day Two

8:00 am Continental Breakfast

9:00 am U.S. Transfer Pricing Strategies for Inbound Investors  

• How to optimize transfer pricing profits in an uncertain global economy
• Reconciling U.S. Sec. 482 and OECD transfer pricing guidelines - pertinent methodological differences
• Planning for relocating intangibles offshore after Notice 2012-39
• Transfer pricing and debt structuring
• Special issues involving technical and management services performed by related parties

10:30 am Break for Refreshments

10:45 am Understanding U.S. Taxation of Foreign Investment in Real Property

• Legal and tax aspects of structuring U.S. real estate investments
• U.S. taxation of U.S. real estate activities – making the Sec. 871(d) net gain election – tax treaty considerations
• Special considerations for partnerships and withholding taxes
• Preparing statements to reduce FIRPTA withholding tax on the sale or transfer of a U.S. real property interest
• Understanding the U.S. tax aspects of cross-border M&A transactions involving U.S. real property interests (RPIs)

12:15 pm LUNCHEON

1:15 pm Earnings Repatriation and Cross Border Tax Minimization Strategies

• Tax issues involving cross-border royalty and technology transfers
• Using management fee and Cost- Sharing payments as a repatriation tool - interrelationship with the latest IRS service rules
• Dividends paid directly by U.S. subsidiaries and through intermediate companies
• U.S. withholding tax issues related to repatriation through FDAP-type payments (e.g. interest, dividends and royalties)
• Other repatriation strategies

3:00 pm Break for Refreshments

3:15 pm State Sales and Income Tax Update for Inbound Investors  

• Trends in the determination of state tax nexus for sales and income tax purposes, including e-commerce
• Understanding unitary v. separate accounting tax principles and how states tax foreign income of a U.S. company
• Use of holding companies and other tax efficient structures for reducing state taxes
• Application of multistate apportionment factors for multinational companies

5:00 pm Meeting Ends

EDUCATIONAL COURSE CREDIT

Up To 16 CPE Credit hours available

Bloomberg BNA is registered with the National Association of the State Boards of Accountancy as a sponsor of continuing professional education on the National Registry of CPE sponsors. State Boards of Accountancy have final authority on the acceptance of individual courses. Complaints regarding registered sponsors may be addressed to NASBA, 150 Fourth Avenue North, Suite 700, Nashville, TN 37219-2417.

Up to 16 CLE Credit hours available

Bloomberg BNA will apply for continuing legal education credits in any state or jurisdiction where available. For more information, please contact Bloomberg BNA customer service at 800.372.1033 and ask to speak to the CLE Accreditations Coordinator, or email us at accreditations@bna.com .

Hardship Policy

Bloomberg BNA offers a hardship policy for attorneys earning less than $50,000 per year. If an attorney wishes to take advantage of this option, he or she must contact Bloomberg BNA directly. For attorneys who are unemployed or earning less than $35,000 per year, a full discount off the price of the program will be awarded upon written proof of hardship. Attorneys earning between $35,000 and $50,000 per year will receive a 50% discount off the price of the program. Any attorney working in the public service sector also qualifies for a special price. If you have further questions regarding the hardship policy or seek additional information, please contact Bloomberg BNA customer service at 800.372.1033 and ask to speak to the CLE Accreditations Coordinator, or email us at accreditations@bna.com.