Asia Pacific Tax Webcasts
Please explore upcoming programs or access archived programs below.
Country Focus
Australia rewrites CFC rules: For better or for worse?
24 November, 11:00 AM – 12:00 noon HKT (GMT +8)
Host: Dwayne Sleep
Presenters: Vik Khanna and Peter Madden
In May, Australia announced a rewrite of its controlled foreign corporation rules and abolishment of foreign investment fund (FIF) provisions. Will the new rules be an improvement? We’ll discuss:
- CFC rule changes, including anti-rollup rules that replace the current FIF provisions.
- Potential impact of the new rules on Australian entities investing offshore, including a new control test, further limitations on passive income, and changes to the active income test.
- Potential tax planning opportunities, including use of offshore marketing and distribution companies, use of intellectual property in foreign subsidiaries, and conduct of real estate related businesses offshore.
Explore implications of the new CFC rules and whether they improve Australia’s position as a preferred location for regional holding companies.
Special Edition
China's beneficial ownership circular: Setting a new global standard for attacks on treaty shopping?
25 November, 12:00 noon – 1:00 PM HKT (GMT +8)
Host: Steve Towers
Presenters: Leonard Khaw and Nick Cham
On 27 October, China's State Administration of Taxation issued Guoshuihan [2009] No. 601 (Circular 601), which sets out China's standards for beneficial ownership status for treaty benefits such as income tax reductions or exemptions for dividends, interest and royalties. This new guidance is vitally important for inbound investors into China and companies interested in global developments concerning tax authorities' responses to treaty shopping. We'll discuss:
- Factors and tests described in Circular 601, including case studies illustrating their operation.
- Compliance obligations related to Circular 601.
- Possible restructuring to satisfy Circular 601.
- Comparison with the OECD Commentary and with existing global case law (Royal Dutch Shell, Indofood, Prevost) on the beneficial ownership condition.
Has China set a new global standard for attacks on treaty shopping? Find out the implications for your company and whether you should be taking action now.
Special Edition
India’s new goods and services tax (‘GST’) framework announced: Time to get ready for the challenge!
26 November, 5:00 – 6:00 PM HKT (GMT +8)
Host: Robert Tsang
Presenters: Prashant Deshpande and Atul Gupta
The long-awaited Discussion Paper on proposed GST scheduled for introduction on April 2010 has just been released. The many existing Indian indirect taxes are consolidated into the GST, comprising a Central GST and State GST. We will discuss:
- The gist of GST proposals outlined in the discussion paper.
- How businesses are likely to be impacted and in particular what the proposals could mean for your supply chain in India.
- The new requirements arising from the introduction of a dual GST.
Get insights from the Deloitte experts on what to do to prepare, what issues are likely to arise and what you should be considering now.
China Spotlight
Poised for the recovery: What new business models and tax strategies should you consider?
2 December, 12:00 noon – 1:00 PM HKT (GMT +8)
Host: Leonard Khaw
Presenters: Sarah Chin, Brett Norwood and Vicky Wang
As China recovers from the global recession, companies operating there are revisiting their business models and many of their tax strategies. Because of the 2008 China Tax Reform and other subsequent significant tax changes, tax remains a hot topic - and the Chinese tax authorities are continuing to place a heavy focus on compliance. What actions are leading companies taking? We’ll discuss:
- Questions many companies are asking about their China operating models and global supply chain strategies.
- Changes to business models that companies are considering as a result of the 2008 Tax Reform and other subsequent tax law changes.
- Significant issues arising from China’s increased focus on tax compliance and how leading companies are responding.
Gain insights into the business, regulatory and tax environment in China, and consider potential tax strategies you may wish to adjust going forward.
Archived Webcasts
Transfer Pricing
Transfer pricing controversy management: Should you go head to head with local tax authorities?
17 November 2009
Host: Keith Reams
Presenters: S.P. Singh and James Zhao
As local tax authorities raise the stakes regarding transfer pricing compliance in the Asia Pacific region, more taxpayers are finding themselves at odds with tax examiners. What is the difference between getting a reasonable settlement and a horrendous tax bill? We’ll discuss:
- Navigating the cultural environment of the tax authorities – what do tax authorities really want and from whom?
- Novel ways to use functional and economic analysis to tell the story you want to get across.
- Considerations for settlement negotiations and dispute resolution.
Gain a new understanding of the increasingly combative transfer pricing compliance environment in the region and how to position your organization to address potential controversies.
India Spotlight
Intangibles management in India: Finding a balance between evolving laws and tax rulings
12 November 2009
Host: Steve Towers
Presenters: Shanto Ghosh, Atul Gupta and Rohinton Sidhwa
Managing the development, licensing, and transfer of intellectual property (IP) is a critical component of any multinational company’s business in India. Yet while there have been interesting developments as IP law in India matured, tax rulings have struggled to keep up with these changes. We’ll discuss:
- The interplay of tax and regulatory provisions around IP laws.
- Implications for direct tax, transfer pricing and indirect tax, supported by relevant judicial precedents.
- Possible compliance pitfalls and planning ideas supported by a case study.
Gain new insights into how conformance with the changing IP law in India can be managed for improved benefit.
Industry Focus
LNG projects: Tax considerations for industry participants and contractors
11 November
Host: Gary McIver
Presenters: Harold Payne and Julian Small
The ever growing demand for energy, especially green energy alternatives, in the Asia Pacific region have led to many potential Liquefied Natural Gas (LNG) projects being evaluated. What opportunities are there for companies, both to participate in LNG projects and to provide related goods and services? We’ll discuss:
- Regulatory and tax issues associated with alternative investment structures in LNG projects in key jurisdictions.
- Supply chain and transfer pricing issues.
- Financing and potential related tax issues.
- An overview of issues relevant to contractors and service providers in key jurisdictions.
Gain insights into key issues relevant to investment and participation in large gas projects in the region and how effective tax planning can be critical to project profitability.
Mergers & Acquisitions
M&A structuring in Japan and Korea: How could tax developments impact your upcoming deals?
10 November
Host: Alan Tsoi
Presenters: Yoshitaka Hasegawa and Jeong Soo Tak
Investors often use special purpose vehicles to structure acquisitions that minimise tax on future income streams and at exit. How might recent action by tax authorities in Japan and Korea impact these planning techniques? We’ll discuss:
- Rules that potentially deny tax-treaty benefits of offshore holding structures, including the beneficial ownership rule and limitation on benefit clause.
- Legislative developments -- Japan’s exemption rules for non-active limited partners investing in Japan through LPs; and Korea’s partnership taxation and consolidated tax return regimes.
- Recent enforcement actions by tax authorities and developments in court cases in Japan and Korea.
Understand issues that tax authorities in these countries are raising and how to plan for possible tax controversy with your upcoming acquisitions.
International Assignments
Shifting sands in regional compliance: Can you control costs while mitigating risk?
5 November 2009
Host: Russell Bird
Presenters: Tony Jasper, Homi Mistry and Paul Rubinstein
A raft of stimulus packages and tax legislation changes in Asia Pacific countries are designed to provide a foundation for growth while increasing tax revenues. As corporations react to related compliance changes, should you consider flexing your international assignment policy to capture potential cost containment opportunities? We’ll discuss:
- Abolition of the foreign earnings exemption for outbound Australian assignees working offshore.
- Abolition of fringe benefit tax regime in India.
- A snapshot of other changes in the region, including developments in permanent establishment risk in China for seconded employees.
Explore the implications of these key changes and understand how your organization can position itself to navigate a successful course though the rapidly evolving compliance landscape.
International Tax
Permanent establishments: Critical issues for multinationals
22 October 2009
Host: Steve Towers
Presenters: Leonard Khaw and David Watkins
Multinational companies should adopt a rigorous analytical approach in determining the existence and scope of permanent establishments (PEs) under double tax treaties. What do you need to know? We’ll discuss:
- Short-term and long-term secondment of employees – what are the PE risks for the sending employer?
- PE risks in regard to winning major business deals.
- Contract-concluding and order-securing agency PE risks – where do you draw the line?
Learn about key PE issues and assess your company’s position against possible analytical approaches based on actual case studies.
International Assignments
Proposed changes to U.S. expatriate tax laws: No safe haven left unturned?
17 September 2009
Host: Russell Bird
Presenters: Gus Kang and Ellen Tong
Series of new requirements have been promulgated by the U.S. Internal Revenue Service (IRS) and U.S. Treasury Department that directly affects U.S. taxpayers. In addition, the Obama administration may take additional measures to further enforce the following new regulations enacted in 2008. What will all these changes mean for U.S. residents and citizens? We'll discuss:
- The new expatriation rules, including how covered expatriates will be taxed under mark-to-market provision.
- The new TDF 90-22.1 Report of Foreign Bank and Financial Accounts reporting rules.
- Proposed new individual income tax provisions, including restated top income tax rates and increased long-term capital gains tax rate.
Gain an overview of these landmark proposals and their potential impact on individuals.
India Spotlight
Transfer pricing controversies in India: Do corporate taxpayers have a chance?
15 September 2009
Host: Paul Riley
Presenters: Partho Dasgupta and S. P. Singh
Transfer pricing tax authorities in India have become very aggressive, often ignoring business and economic realities. What positions have tax tribunals and courts have taken in response and what can companies in India do to defend their positions? We'll discuss:
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Recent controversial issues and rulings involving selection of comparables and tested parties, multiple-year versus single-year data, and acceptability of adjustments.
- Possible proactive approaches, taking into account economic and business factors and the recent rulings, supported by robust documentation.
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Mutual Agreement Procedure as a possible alternative dispute resolution mechanism in the absence of Advance Pricing Agreement process.
Learn how appellate authorities are shaping transfer pricing laws in India and options for reducing the risk of transfer pricing controversies.
Special Edition
The dawn of a new era: Decoding the new Direct Tax Code in India
3 September 2009
Host: Jonathan Stuart-Smith
Presenters: Homi Mistry, Ashesh Safi and Rohinton Sidhwa
India released a new draft Direct Tax Code on 12 August 2009 to replace the current Income-Tax Act 1961 which has been in operation for 48 years. The current legislation has become complex owing to several amendments over the years. The new draft code is more comprehensible. It has introduced detailed anti-avoidance rules. It also aims to do away with exemptions and simplify the tax structure. We will discuss:
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Features of the direct tax code.
- Comparative analysis with the existing law.
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Challenges & opportunities for business.
Join us to gain an in-depth insight on how India’s new Direct Tax will impact organisations
Transfer Pricing
OECD's business restructuring discussion draft: Is a consensus emerging?
1 September 2009
Host: Steve Towers
Presenters: Shanto Ghosh, Paul Riley, and Jacques Van Rhyn
In 2008, the OECD released, for public comment, a Discussion Draft on the Transfer Pricing Aspects of Business Restructurings. The Discussion Draft addresses a number of controversial issues concerning supply chain transformations and IP migration. Since its release, many commentators have provided feedback to the OECD, both in written form and in the June 2009 public consultation session. It’s now time to take stock and ask whether a consensus position is emerging. We’ll discuss:
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Types of restructurings addressed, including conversion to limited risk distributors and contract manufacturers, as well as reallocation of corporate operations.
- The critical role of economic substance.
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In what circumstances should there be compensation for transfers of assets, risks and profit potential in a restructuring?
Hear a review of the OECD’s position and a survey of the significant feedback which has been given to the OECD from the business community.
India Spotlight
Recent international tax law cases: Is India moving in a new direction?
27 August 2009
Host: Steve Towers
Presenters: C. A. Gupta and Sunil Shah
The Indian judiciary recently announced game-changing rulings on key areas of international tax. Revealing significant shifts in the interpretation of treaties and the approach of Indian judicial thinking, what could these rulings mean to foreign companies operating in India? We'll discuss:
- Rulings on permanent establishments, including Worley Parsons Services Pty Ltd. and Golf in Dubai LLC.
- Characterisation of royalties and fees for technical services, including ISRO Satellite Centre and Intertek Testing Services India P. Ltd.
- Non-discrimination clause, including DaimlerChrysler India Pvt. Ltd.
Gain insights on the latest in international tax law changes in India and how they might impact your operations in that country.
Country Focus
A fine line – tax considerations for Asian investment in the Australian resource
25 August 2009
Host: Stuart Cioccarelli
Presenters: Ian Crisp and Peter Madden
With capital shortfalls forcing Australian mining companies to seek alternative sources of funding, opportunities abound for Asian investors to acquire strategic Australian resource assets. While reduced asset values make the transactions attractive, can tax structuring be the difference between a good and great deal? We'll discuss:
- Typical Australian inbound investment structures for Asia Pacific entities.
- An overview of Australian mining tax legislation.
- Australian tax on repatriation of funds and ultimate exit.
- Common tax-planning challenges and mistakes encountered recently.
Gain insights on the impact of the global financial crisis and fallen commodity prices on the Australian resource sector and how effective tax planning can improve return on investments there.
Transfer Pricing
Year-end planning: Don’t get caught short on transfer pricing
12 August 2009
Host: Keith Reams
Presenters: Fiona Craig and Parikshit Datta
Every year, more tax authorities in the Asia Pacific region are enacting transfer pricing legislation, which means business as usual is not an option for multinational companies. What strategies can help ease your compliance burden and address the risk of large tax adjustments? We’ll discuss:
- An update on the latest Asia Pacific regulatory and legislative developments.
- Ways companies might better use transfer pricing to avoid costly adjustments and penalties.
- Leading practices for incorporating transfer pricing into year-end tax planning.
Learn how a well thought-out and strategic transfer pricing plan can help unlock tax planning and compliance opportunities while addressing the growing risk of transfer pricing tax controversy.
China Spotlight
Repatriation of cash and profits generated in China: Finding a smooth path home
5 August 2009
Host: Leonard Khaw
Presenters: Daisy Kwun and Vicky Wang
Globally managing cash flow is a key focus area for multinational corporations, especially during a global economic downturn. What regulatory, foreign exchange, and tax rules should Chinese companies consider in their cash and profit repatriation strategies? We’ll discuss:
- An overview of various cash repatriation strategies in the context of China.
- An update on recent regulatory, foreign exchange, and tax developments that impact repatriation strategies.
- Why the issue of trapped cash arises, best practice for avoiding it, and strategies for addressing it when it does occur.
Learn about effective cash and profit repatriation strategies that can help improve the cash flow of your corporate group and its overall return on investments.
International Tax
Are tax havens dead?
30 July 2009
Host: Steve Towers
Presenters: Leonard Khaw, Gary McIver and Jonathan Stuart-Smith
In the past year, tax havens have been attacked from many directions. Are tax havens effectively dead from an international tax planning perspective? We’ll discuss:
- Which countries are being labeled as tax havens?
- Attacks on tax havens, including U.S. international tax proposals, OECD’s business restructuring initiative and information-exchange list of uncooperative countries, and tax authorities who deny treaty benefits to shell companies.
- The future viability of tax havens in international tax planning, including the best use of tax haven companies in the future.
Learn about important changes taking place in international tax laws and their impact on business use of tax havens going forward.
Country Focus
Regulatory developments in Australia: Remuneration and share plans
21 July 2009
Host: Jon Finlay
Presenters: Paul Baillie, Stephen Burke and Sandra Buth
Regulatory developments may significantly change how Australian companies and multinationals with operations in Australia reward their employees, both in and out of Australia. What should you know? We’ll discuss:
- Regulatory responses to the remuneration framework of executives and employees issued by the Productivity Commission and the Australian Prudential Regulatory Authority.
- Proposed new termination payments legislation impacting directors and all executives disclosed in the annual remuneration reports.
- The proposed new rules governing the taxation of equity awards to apply from 1 July 2009.
Explore the implications of the new remuneration framework proposed by Australian authorities, along with other key tax and regulatory developments impacting equity awards throughout the Asia Pacific region.
Special Edition
India Budget 2009: Will India march ahead?
8 July 2009
Host: Steve Towers
Presenters: Sunil Shah, Rohinton Sidhwa and Krupa Venkatesh
The Annual Budget will be announced by the Finance Minister of India on 6 July. This important event will be of interest to both local and foreign investors as the economy continues to grow despite recessionary trends elsewhere. We’ll discuss:
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The key tax amendments, changes and initiatives.
- How these changes will enable businesses to plan ahead.
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What will these changes mean for foreign investments.
India's budgets always throw up interesting opportunities and obstacles. Learn more about them and how they apply to your business.
Special Edition
オンラインセミナー
European tax planning opportunities for Japanese multinationals
日本多国籍企業のための欧州における税務プランニング
－日本の平成21年度税制改正を踏まえて－
30 June 2009
Hosts: Roger Brands (English) and Yang Ho Kim (Japanese)
Presenters: Mohan Manuel and Jonathan Stuart-Smith (English)
Kazumasa Yuki and Tetsuro Oshiumi (Japanese)
See Japanese version
The introduction of a foreign-dividend income exemption for Japanese companies creates both opportunities and risks for Japanese multinationals with respect to their European subsidiaries. With tax code changes in some European countries, as well, what should Japanese multinationals consider in reviewing their European structures and how might they benefit from the new environment? We’ll discuss:
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The 95-percent exemption for foreign dividends received by a Japanese corporation.
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Changes in Europe, including the new UK dividend exemption.
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Tax-efficient repatriation and reinvestment strategies.
Gain insights into the interaction of these important new rules and what your company can do to make the most of them.
This special 2 hour webcast was presented in both English and Japanese. The English presentation started first, followed by the same presentation in Japanese. Please drag your Media Player timer to 00:59:57 to start the Japanese session.
Special Edition: M&A Financial Advisory Services webcast
网络特别版讲座
M&A in China: Challenges of executing cross-border transactions
中国并购交易 — 跨境交易执行中的挑战
25 June 2009
Host: Ivan Wong (English and Putonghua)
Presenters: Louise Taylor (English) and Andrew Zhu (English and Putonghua)
See Chinese version
Since the Chinese government's opening-up reform in 2003, overseas investing by Chinese enterprises has increased significantly, with no end in sight. What are key considerations for an outbound investment from a Chinese investor's perspective? We’ll discuss:
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Recent trends in Chinese cross-border activity.
- An overview of deal structuring for Chinese enterprises expanding overseas.
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Translation of due diligence results into real deal benefits.
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Price mechanics and transaction agreements - common price adjustment mechanisms and key considerations to prevent value erosion.
Gain insights on key trends and issues you and your company should address to prepare for your next overseas transaction.
This special 2 hour webcast was presented in both English and Putonghua. The English presentation started first, followed by the same presentation in Putonghua. Please drag your Media Player timer to 01:00:00 to start the Putonghua session.
International Assignments
Severance payments in Asia Pacific: Making the best of a bad situation
24 June 2009
Host: Russell Bird
Presenters: Sally Morton and Duncan Abate (Mayer Brown JSM)
As employers look critically at business projections for the months ahead, the need to retrench may become a business reality. While employment laws may dictate the methods by which organisations reduce headcount, could tax laws and tax planning help make an offer more palatable without significant incremental costs? We’ll discuss:
- Employment law issues that terminations may trigger across the region, including how this can apply to seconded employees, and application of restrictive covenents.
- Approaches to structuring severance pay tax-efficiently, including the scope of payments that might qualify in countries around the region.
- Managing the legal and tax consequences of terminations.
Learn how various employment laws around the region can impact restructuring options and how tax planning can make a difficult situation easier to manage.
International Tax
Permanent establishments: Burning issues for multinationals
17 June 2009
Host: Steve Towers
Presenters: Leonard Khaw and David Watkins
Multinational companies are being compelled to adopt a rigorous analytical approach in determining the existence and scope of permanent establishments (PEs) under double tax treaties. What do you need to know? We’ll discuss:
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Issues associated with visiting employees of related companies, including what “at the disposal” means.
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PE risks associated with common supply chain structures, such as source-country goods storage, source country VAT registration, and toll and contract manufacturing.
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The role of economic substance in applying the PE definition – is legal form always respected, or can the source country apply a “substance over form” approach?
Learn about key PE issues and assess your company’s position against possible analytical approaches.
Focus on Taiwan
台灣焦點
Taiwan tax reform and development: Has a new era arrived?
台灣租稅改革及發展
10 June 2009
Host: Gary McIver (English) and Eunice Kuo (Chinese)
Presenters: Eunice Kuo (English) and Cheli Liaw (English)
Ye-Hsin Lin (Chinese) and Glendy Yuan (Chinese)
See Chinese version
Taiwan recently proposed several tax incentives to create a more favorable investment environment and help businesses tackle the slow economy. What impacts will these and other tax reforms have on the business operations of foreign enterprises? We’ll discuss:
- Proposed tax laws, including loss carry-forward rules and their application, a new five-year income tax holiday on manufacturing operations, technical services provisions, and potential reduction of corporate income tax.
- Proposed new tax incentives and development opportunities, including available tax credits for operational headquarters and international logistic centers.
- Other possible developments going forward.
Gain insights on similarities and differences between current regulations and proposed tax reforms in Taiwan and learn about opportunities to leverage related tax benefits.
This special 2 hour webcast was presented in both English and Mandarin. The English presentation started first, followed by the same presentation in Putonghua. Please drag your Media Player timer to 01:00:00 to start the Mandarin session.
View Webcast
Mergers & Acquisitions
Deleveraging in a down market: Key tax-issues to consider
3 June 2009
Host: Stephen Conder
Presenters: Nick Cham and Mark Goldsmith
As businesses around the world refocus on deleveraging, they are developing new and innovative strategies essentially as mechanisms for either selling existing assets or raising new equity. What are some of the deleveraging strategies that are starting to appear in the market and their key tax-related implications? We’ll discuss:
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Tax issues that arise in relation to debt and equity swaps, debt buybacks, and new equity raising.
- Tax implications of innovative structures being used to raise equity funding, but also achieve partial asset sales.
Discover how these strategies and structures are playing out across Australia and China and how you can capture the tax planning opportunities they could hold for you. We will also highlight some of the key differences across a number of Asia Pacific countries.
Special Edition
The 2010 U.S. Budget: Obama adminstration delivers details - and surprises
27 May 2009
Host: Gary McIver
Presenters: Evan Blanco, Timothy Tuerff and Patrick Yip
The U.S. Administration under the direction of President Obama released its proposed FY2010 budget on 11 May 2009, and put a stake in the ground regarding the President’s tax policy priorities. What will it mean for U.S. businesses? We’ll discuss:
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U.S. international tax regime changes, including deferring certain deductions allocable to foreign earnings until the earnings are repatriated, foreign tax credit rule modifications, overhaul of check-the-box rules, and tax haven and international enforcement measures.
- What impact this will have on U.S. companies operating in Asia Pacific.
Hear an overview of these landmark proposals, their potential impact on businesses, and where these tax proposals are likely to go from here.
Climate Change Tax
Climate change: A clear view of the regulatory landscape in China and Australia
20 May 2009
Host: Alan Tsoi
Presenters: Julie Hao and Christopher Leach
Many countries are addressing global climate change through emissions trading schemes and preparations for a post-Kyoto agreement. But how do recent regulatory actions in China and Australia impact the Asia Pacific region and companies doing there? We’ll discuss:
- Australia – the proposed Carbon Pollution Reduction Scheme, including obligations and impacts for businesses, opportunities and risks, tax implications, minimising tax distortions, and free credits, grants, and other incentives.
- China – national climate change plans, current legislation for emission reduction, current tax regulation issues, major corporate tax incentives, and corporate risk mitigation through investment structures and operation models.
Gain insights on the climate change initiatives in two key Asia Pacific countries and how companies operating across the region can benefit from them.