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Asia Pacific Dbriefs Archives

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Equity plans: How prepared are you for exit taxation and withholding obligations?
27 August 2008
Host: Russell Bird 
Presenters: Paul Baillie and Tony Jasper

As more Asia Pacific jurisdictions legislate the taxation of equity plans, the accurate monitoring, tracking, and reporting of equity compensation grows more complex. How can employers better prepare for meeting these requirements? We’ll discuss:

  • Requirements for equity plan reporting in key jurisdictions across Asia Pacific, including Australia, China, India, and Singapore.
  • How to understand the additional tax costs of operating equity plans and the related compliance requirements, such as fringe benefit tax, payroll, and withholding obligations.
  • Latest trends and technology innovations to support equity plan administration.

Gain insights into enforced tracking requirements, exit charges, and employer taxation costs in key Asia Pacific jurisdictions, and learn what actions employers can take now to prepare for these new requirements.

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Mergers and acquisitions in India: A sunny forecast or storm clouds ahead? 
20 August 2008
Host: Alan Tsoi
Presenters: Vijay Dhingra and N.C. Hegde

Even in a weakened global economy, successful M&A transactions in India are still possible. In fact, consolidation in certain sectors may drive Indian companies to seek more deals globally. However, do the existing M&A tax laws and regulations act as enablers? We’ll discuss:

  • Key provisions of the M&A tax laws and regulations.
  • Considerations for the due diligence process, acquisition structures, and financing strategies.
  • Leveraged buyouts – are these possible in India?
  • How do the recent Vodafone case and other tax developments impact investors that acquire and sell companies in India?

Learn about exciting developments in the M&A tax and regulatory environment in India and the fundamentals you need to know while planning your next investments.

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Offshore funds management in Asia Pacific: Leveraging the competitive spirit
30 July 2008
Host: Leonard Khaw
Presenters: Chee Weng Lee, Jonathan Stuart-Smith, Steve Towers, and Neil Ward

As the four major offshore funds management locations in Asia Pacific, Australia, Hong Kong, Singapore, and Tokyo constantly update tax incentives to compete for business. Who is winning and why? We’ll discuss:

  • Regulatory regimes and procedures in the four jurisdictions.
  • Tax issues at the fund level, including basic rules in each jurisdiction, incentives used to avoid or minimise taxation, "round tripping," and double tax treaties.
  • Tax issues at the fund manager level, including tax incentives.
  • Tax issues at the executive level, including "carry."

Understand how the key tax and regulatory provisions relating to offshore funds management operate in each of these four major locations and how financial firms can leverage them.

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Intercompany loans and guarantees: New rules and directions for the Asia Pacific region
16 July 2008
Host: Keith Reams
Presenters: Geoff Gill and Tim O’Brien

The global credit crisis has forced many multinational companies to fund their operations from within. Asia Pacific tax authorities are responding by auditing intercompany financing arrangements among members of controlled multinational groups. What challenges might this create? We’ll discuss:

  • Treasury functions – intercompany debt pricing and loan guarantees.
  • Structured financing – intercompany leasing arrangements.
  • Global dealing – the capital versus function debate.
    Internal insurance and reinsurance – excess of loss treaties.
  • Permanent establishments – should there be a different approach?
  • The intersection between the various transfer pricing and thin cap rules applied to intercompany loans, guarantees, and advances.

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Intellectual property: Knowledge is money
18 June 2008
Host: Steve Towers
Presenters: Sergio Duchini, Shanto Ghosh and Jonathan Stuart-Smith

The effective development, management, and exploitation of intellectual property are major profit drivers for today's global companies. How can you align your tax strategies with these types of activities to significantly reduce your company’s effective tax rates while remaining compliant with applicable laws? We'll discuss:

  • R&D credits and other concessions
  • Contract R&D
  • Cost sharing and conversion costs
  • Intellectual property holding companies

Learn why all of these topics are critical to the ultimate tax efficiency of your structure and how leading companies are aligning their tax and intellectual property strategies in the Asia Pacific region to gain the greatest benefit.

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Enterprise income tax law: Will the new tax incentives benefit your business?
11 June 2008
Host: Chee Weng Lee and Joe Fu
Presenters: Enoch Hsu, Simon Tan and James Zhao

The new Enterprise Income Tax Law, effective from January 1, 2008, introduces critical changes to China's corporate tax system. What will these changes mean to multinational businesses with significant manufacturing operations in China? We’ll discuss: 

  • The move away from benefits for general manufacturers and toward those companies with technology commitment and content. 
  • Impact of the new EIT on high-tech incentives, including the status of high and new technology enterprises, R&D super deduction, and incentives for software companies.
  • Planning and compliance strategies, including possible structuring alternatives.
  • Transfer pricing implications for ownership structures on technology related intangibles and the application of qualified cost sharing arrangements for jointly developed intangibles.

Understand the latest changes in China’s corporate income tax laws and learn what possible challenges and opportunities multinational manufacturers may face.

This special two-hour webcast is presented in both English and Putonghua. The English presentation will be first, followed by the same presentation in Putonghua.

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Globally mobile employees: Do less certain times present challenges or opportunities?
4 June 2008
Host: Russell Bird
Presenters: Sarah Lane and Gus Kang

Globally mobile assignees are often perceived as a high-cost solution to resource or skill-set needs. In less certain economic times, it may be tempting to reduce assignee costs and headcount to maintain margins. What suggestions can HR bring to the table to prepare for any volatility? We’ll discuss:

  • Refocusing on pre-assignment activities, such as employee selection, policy benchmarking, cost projections, and expense management reviews.
  • Reviewing current assignment expenditures to confirm that program costs are aligned with organisational objectives.
  • A tax-efficient approach to severance scenarios for international assignees, including a review of whether tax equalisation should apply to termination payments.

Learn strategies that can help improve the impact and cost effectiveness of international assignment programs in both strong and weak economies.

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Inbound investment structuring and funding: Is it time to reconsider?
28 May 2008
Host: Steve Towers
Presenters: C.A. Gupta and K.R. Sekar

Foreign direct investment in India is increasing at a fast pace. What impact could fast changing regulations and tax laws have on your approach to structuring these investments? We'll discuss:

  • Laws that impact deal structuring and funding.
  • Regulatory changes relating to the laws, including the recent liberalisation on the limit of investment in various sectors and the various funding options and their limitations.
  • The nuances of related tax treaties and their appropriate selection in the structuring of investments.

Understand the changing regulatory and tax landscape in India and how your plans to invest might need to change.

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Marketing intangibles: Could you have them and not know it?
14 May 2008
Host: Keith Reams
Presenters: K.R. Sekar and Jason Vella

Limited risk distributors have played an important role in the Asia Pacific operating structure of foreign companies. Are these structures breaking down, and what are the tax consequences? We'll discuss:

  • Historical reasons for the limited risk distributor model, including reliance on imported products’ brand strength to drive sales and limited roles of local partners. 
  • Factors influencing the model, including market growth, the stronger local operations, and marketing experience being brought in-house.
  • What creates marketing intangibles - when companies might hit the tipping point and what you can do to stay out of trouble.

Gain insights into what tax authorities around the region are saying and doing about marketing intangibles, and consider options for how to respond.

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M&A in Taiwan: Will the new rules change how you structure your next deal?
16 April 2008
Host: Alan Tsoi
Presenters: Al Chang and Ping Gwo

With increasing numbers of private equity firms and strategic investors buying Taiwan companies, the deal size and structures are drawing the attention of Taiwan regulators and tax authorities. What should you consider as you structure your next acquisition in Taiwan? We’ll discuss:

  • How recent deals have been structured, thereby creating related uncertainties or controversial areas.
  • Efficient holding structure and exit strategies.
  • Tax issues, including thin capitalization rules, debt push down, step-up in basis and intangible assets.
  • The latest regulatory rulings on M&A deals and their potential impacts.

Gain insights on recent regulatory and tax changes that can affect how you structure your next deal in Taiwan, and learn how to work within them.

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Permanent establishment and transfer pricing: Are you ready for emerging challenges in China
19 March 2008
Host: Chee Weng Lee
Presenters: Simon Tan and James Zhao

Foreign companies doing business in China encounter challenges both from the new tax law and stringent enforcement from tax authorities. What should you do to actively manage your risks? We’ll discuss:

  • Developing trends from the law, administrative circulars and enforcement practices that increase the risk of a permanent establishment (PE) in China.
  • Practical approaches to minimize the risk of a PE.
  • Chinese tax authorities' approach to attributing profit to a PE.
  • Implications of the "hypothetical distinct and separate enterprise approach" adopted by recent OECD reports - creating a basis for determining and documenting the profit attributable to a PE while mitigating your exposure.

Learn how to enhance your tax risk management and structuring of business within China.

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Anti-avoidance rules in Asia Pacific:
What you should know and what you should do
 
12 March 2008
Host: Steve Towers
Presenters: Leonard Khaw, Gary McIver and Jonathan Stuart-Smith

Increasingly, tax authorities in many Asia Pacific countries seek to re-characterize or disregard transactions for tax purposes based on anti-avoidance rules. What are the key trigger points for the application of these rules? How can you best protect your company? We’ll discuss:

  • Survey of anti-avoidance rules in countries across the region, particularly new ones in Korea and India, including heightened potential for penalties.
  • Challenges companies face in complying with the rules, including types of transactions that are often targeted.
  • Leading practices for protecting your company against such rules before, during and after tax audits, including the use of contemporaneous documentation and third party reviews.

Gain insights into how key Asia Pacific countries are wielding their anti-avoidance rules and how your can best protect your company.

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India Budget 2008: What lies ahead?
4 March 2008

The annual budget was announced on February 29 by the Finance Minister of India. This important event will be of interest to both local and foreign investors as the economy continues to grow and take a more prominent place in the world economy. We’ll discuss:

  • The key tax amendments, changes and initiatives.
  • How these changes will affect local businesses and enterprises.
  • The impact and ramifications for foreign investors.
  • Changes to government policy on inbound investment areas.
  • New planning opportunities to take advantages of the changes.

Learn more about these important amendments and how they apply to your business.

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