International Tax

Please explore upcoming programs or access archived programs below. 

Upcoming Webcasts

Classifying Hybrid Instruments and Transactions for Domestic Tax Purposes: What's in a Name?

12 June, 2:00 – 3:00 PM HKT (GMT+8)
Host: Steve Towers
Presenters: Kevin Atkins, Leonard Khaw, and Alyson Rodi

A country's tax laws typically distinguish between the taxability of debt and equity. But what are the rules to distinguish debt from equity, particularly where relevant financial instruments or transactions are governed by foreign law? We'll discuss:

• Different approaches used by different countries, such as the form-based approach in many Asian countries vs a substantive approach used in Australia, the U.S., and a number of European countries.
• Classification of hybrid financial instruments and transactions governed by foreign law.
• Opportunities and risks created by differing classifications in two or more countries, including a consideration of the March 2012 OECD report, "Hybrid Mismatch Arrangements: Tax Policy and Compliance Issues".

Learn about the different classification approaches of different countries, and the opportunities and risks such differences might create.

Register for this webcast

Archived Webcasts

Taiwan's Double Tax Treaties: Under the Microscope

24 May 2012
Host: Steve Towers
Presenters: Al Chang and Arthur Chen

In the first webcast of a new series which focuses on Asia Pacific's double tax treaties, we will closely examine Taiwan's significant double tax treaties, from the perspective of inbound investment into Taiwan. Which treaty is "best in class" for particular types of income and what traps await the unwary? We'll discuss:

• Permanent establishment definitions.
• Withholding tax rates on dividends, interest and royalties.
• What to do with "residual" income: business profits article, "other income" article, or fall outside the treaty?
• Administrative aspects of treaty claims in Taiwan.

Compare and contrast Taiwan's treaties, and learn how to identify and use relatively superior treaties for inbound investment into Taiwan.

View webcast

Asia Pacific Holding Companies: Issues, Challenges, and Opportunities (Part 1)

15 May 2012
Host: Steve Towers
Presenters: Leonard Khaw, Rohit Shah, and Davy Yun

The design and location of holding company structures in the Asia Pacific region continue to be impacted by legislative and treaty changes and tax authority challenges. What approaches may help you address these issues? We are separating this webcast into two parts.

In part 1, we'll discuss:

• Possible double tax treaty benefits in respect of dividends and share sales – which treaty is best in class for each source country?
• Substance requirements imposed by source countries, such as China, Indonesia, and Korea.
• Source country taxation of indirect transfers.

In part 2, we'll discuss:

• Potential benefits of locating holding companies in Singapore vs Hong Kong vs other countries, including low tax rates and exemptions for dividends, offshore income, and capital gains.
• Why naked holding companies are dead.
• Substance: what is it and how do you get it?

Learn the latest thinking about this very important area of Asia Pacific taxation.

(Date / time of Part 2 of this webcast will be announced soon.)

View webcast

Cash Pooling in Asia Pacific: Tax Issues

17 April 2012
Host: Steve Towers
Presenters: Troy Andrews, Patrick Broughan, Leonard Khaw, and Roderik Vehmeijer

Cash pooling is gaining popularity in Asia Pacific as a technique for multinational companies to effectively manage their cash. But what tax challenges exist? We'll discuss:

• Different cash pooling structures which are frequently seen in Asia Pacific, and the reasons for the variations.
• Tax issues such as interest taxation and deductibility, thin capitalization rules, withholding tax, parent company CFC rules, foreign tax credits, and transfer pricing.
• Factors to consider in the selection of the location of the "header" entity, including tax incentives and access to a favorable treaty network.

Learn about the important tax issues which relate to cash pooling in Asia Pacific.

View webcast

Cloud Computing: International Tax Issues

29 March 2012
* Length of webcast: 75 minutes
Host: Steve Towers
Presenters: Richard Mackender, Ron Saake, Gretchen Sierra, and Rohan Solapurkar

Business use of cloud computing has grown significantly in recent years. With its increasing use across international borders, what potential international tax challenges and opportunities could it raise? We'll discuss:

• Income characterization and source issues – impact on source country withholding tax and residence or parent country taxation, including under "controlled foreign corporation" rules.
• Permanent establishment issues, including the application of the "at the disposal" test.
• Transfer pricing issues, including the identification of key profit drivers and intellectual property migration.
• VAT and GST issues, including the impact on the structuring of global contracts.

Learn about the international tax issues which are raised by cloud computing and determine the potential impact on your company's tax position.

View webcast

2011 Update to the UN Model Treaty and Commentary: "Abuse" of Double Tax Treaties

13 March 2012
Host: Steve Towers
Presenters: C.A. Gupta, Alyson Rodi, and Vicky Wang

The 2011 Update to the United Nations Model Double Tax Treaty and Commentary contains significant comments and examples on the "abuse" of double tax treaties. These UN statements are far more extensive than the corresponding passages in the OECD Commentary. We'll discuss the UN Commentary's analysis of various "abusive" situations, including:

• Dual residence, transfer of residence, and triangular cases.
• Transactions which modify the treaty characterization of income, such as the conversion of dividends into interest, conversion of royalties into capital gains, allocation of price under mixed contracts, and the use of derivatives.
• Time limit for certain permanent establishments and thresholds for the source taxation of capital gains on shares.

Understand how the UN's new comments on abusive situations might affect the application of double tax treaties in the Asia Pacific region.

View webcast

New FATCA Proposed Regulations: The Time to Operationalize is Now

7 March 2012
* Length of webcast: 90 minutes
Host: Jim Calvin
Presenters: Oliver Farnworth, Hiromi Ikuta, and Alison Noble 

The U.S. Treasury and the IRS released proposed guidance in early February on the Foreign Account Tax Compliance Act (FATCA). At the same time, the U.S. Treasury issued a joint statement with France, Germany, Italy, Spain, and the UK, proposing an intergovernmental approach to implementing FATCA. Beginning in January 2013, FATCA requires Foreign Financial Institutions to annually identify and report their U.S. account holders. What is new and how might the changes reflected in the proposed regulations impact your organization? We'll discuss:

• Impact of the intergovernmental approach to FATCA.
• Key changes reflected in proposed FATCA rules.
• Implications for Foreign Financial Institutions.

Learn more about the proposed regulations and understand what other organizations are doing to address FATCA compliance.

View webcast

Business Model Optimization: Making Process and Operational Changes Real

1 March 2012
Host: Steve Towers
Presenters: Thomas Ewigleben and Jan-Gerben Smallenbroek

The alignment of a multinational company's operating model and its global tax planning enhances the opportunity for value creation. But that's no easy task. Building a structure with the right balance that can be sustained over time takes a commitment of senior management to a transformation of key functions embedded within the operating model. The change needs to be substantive and real, and it's seldom easy. Business Model Optimization (BMO) is the process of pursuing this balance and integrating the operating model and global tax planning into the way a business operates to ensure such changes are real. Using a case study approach, we'll discuss: 

• Key success factors.
• What can go wrong.
• How to get everyone's buy-in.

Learn from the mistakes of others and ensure your process and operational changes are real and your tax benefits are sustainable.

View webcast

International Tax: What Can We Learn from the Top Tax Cases of 2011?

21 February 2012
Host: Steve Towers
Presenters: Leonard Khaw, Jun Takahara, and Sunil Shah

Fascinating court decisions have emerged in 2011 involving the interpretation of double tax treaties and other international tax issues. What do these cases reveal? We'll discuss:

• Permanent establishment cases in Norway and India, as well as Indian cases involving the applications of the royalties definition to telecommunications and cloud computing transactions.
• Anti-avoidance cases in the UK and Australia.
• Non-discrimination article cases in the UK and Germany.
• A Mexican case involving equity derivatives and a review of the Vodafone case in India.

Understand technical and practical implications of key rulings and discover how they apply to your company's international tax planning.

View webcast

Japan Corporate Tax Rate Reduction and 2012 Tax Reform Proposals

8 February 2012
Host: Nick Walters
Presenters: Mark Brandon, Frances Somerville, and Jun Takahara

After major disruptions in early 2011, the Japanese parliament has strived to address issues on many fronts. What are the latest tax developments you should know about? We'll discuss:

• The recently passed corporate tax rate cut, originally proposed in the 2011 Tax Reform.
• The temporary 10-percent surtax to fund reconstruction following the March 2011 earthquake and tsunami disaster.
• The Tax Commission's Tax Reform Proposals for 2012, including a new earnings-stripping rule aimed at restricting the deductibility of interest paid to overseas related parties.

Gain insights on corporate and individual taxation matters most likely to impact foreign firms investing in Japan.

View webcast

(Tune in to the Japanese version of this webcast presented on 8 February 2012. Please visit Japanese language webcasts website for program details.)

Vodafone Case: Indian Supreme Court Decision
"Look at", but don't "Look through"

27 January 2012
Host: Steve Towers
Presenters: Vijay Dhingra, Vipul Jhaveri, and Rohan Solapurkar

The Supreme Court of India on January 20 announced its decision in the high-profile Vodafone case. The Court has delivered a judgment on the controversial issue of taxation of indirect transfer of shares of an Indian entity. Bottom line: the case is a victory for Vodafone and Hutchison. We'll discuss:

• An analysis of the Supreme Court judgment, in particular the basis for the conclusion. Specifically, the critical threshold issue of the "look at" approach, which is at the heart of the Supreme Court judgment, will be carefully considered.
• Implications for M&A transactions, executed prior to the Direct Taxes Code becoming law, and post enactment of the Direct Taxes Code which is proposed to be effective from 1 April 2012.
• Aspects that need to be considered by investors considering the Supreme Court decision and the provisions contained in the Direct Taxes Code.

View webcast

Draft FATCA Regulations - What's Next?

19 January 2012
Host: Jim Calvin
Presenters: Kevin Chang and Anna Smith

The U.S. Foreign Account Tax Compliance Act (FATCA) requires non-U.S. financial institutions to identify and report annually on their U.S. account holders after 2012. The first actionable guidance for the implementation of FATCA has been promised by the U.S. IRS Commissioner soon after 1 January 2012. What are the main points of the regulations and how may these affect your firm? We'll discuss:

• Examination of exemptions and exclusions.
• Review of technical clarifications.
• Analysis of implementation steps.
• Step-by-step considerations for remediation.
• Actions required for withholding and reporting systems.

Learn how financial institutions can respond to the FATCA regulations to address the risks of severe penalties for non-compliance.

View webcast

Asia Pacific Tax Series

China Spotlight
Countdown to the India DTC
Country Focus
Customs & Global Trade
Government Grants & Incentives
India Spotlight
Indirect Tax
Industries
International Assignments
International Tax
M&A Tax
R&D Tax Incentives
Tax Management
Transfer Pricing