Dbriefs Asia Pacific
Anticipating tomorrow's complex issues and new strategies is a challenge. Stay tuned with Dbriefs that give you valuable insights on important developments affecting your business in Asia Pacific.
Webcasts archived in the last 6 months can be accessed from the Dbriefs Library. For a complete program schedule and topic information on upcoming webcasts, select the Program Guide from the menu on the right.
Tax on Services Rendered under Global Arrangements: Perspective and Challenges in India
11 March, 2:00 – 3:00 PM HKT (GMT +8)
Host: Prashant Deshpande
Presenters: Jatin Arora and Debasis Ghosh
Indian tax authorities continue to challenge multinationals that provide services from India under global agreements and claim them as export services, despite a number of decisions upholding the position of export. What recent developments should multinationals consider? We'll discuss:
- Types of business models being adopted when performing services in India under global arrangements, including arrangements for soliciting orders for global parent and providing after sales service to customers in India.
- Service tax provisions that have prevailed, including export of service and point of taxation and their implications.
- Judicial precedents and pending litigation in a significant matter.
- Recent experiences when seeking input credit refunds on export claims.
Learn how multinationals might approach planning and documentation to reduce negative business consequences of challenges to global arrangements.
Pricing Intercompany Financial Transactions: Controversies on the Rise
13 March, 2:00 – 3:00 PM HKT (GMT +8)
Host: Shanto Ghosh
Presenters: Ian Clarke and Geoff Gill
Transfer pricing issues surrounding pricing of intercompany debt and guarantees remain at the forefront of discussions and controversies across Asia Pacific. What are the latest developments multinationals should consider? We'll discuss:
- Issues related to the arm's length pricing of intercompany debt and financial guarantees, including the classification of loan arrangements, implementing practical intragroup financing policies, and anticipating potential guarantee pricing issues.
- Passive association and the latest OECD thinking on group synergies.
- Debt quantum, terms, and other commerciality considerations.
- Learnings from recent transfer pricing audits, including approaches to determine credit rating, guarantee recognition (distinguishing financial from non-financial), supporting financial transactions where local comparables are preferred, and establishing core components of comparability for financial transactions.
Gain the latest insights on this contentious area of transfer pricing and recent developments across the region.
Industries – Financial Services
Financial Services Update: Developments in the China (Shanghai) Pilot Free Trade Zone
18 March, 2:00 – 3:00 PM HKT (GMT +8)
Host: Steve Towers
Presenters: Patrick Cheung, Hal Davis, Johnny Foun, and Jeff Tao
Potential internationalization of the RMB, introduction of market interest rates, and facilitation of cross-border trade and investment flows are a few of the sweeping financial markets reforms possible with establishment of the China (Shanghai) Pilot Free Trade Zone (the Zone) in September 2013. What could these and other development mean for financial services providers? We'll discuss:
- Current status of market reforms in the Zone and steps Chinese and foreign businesses are taking to benefit from them.
- What financial institutions are doing in the Zone, including liquidity management, risk trading and cross-border investment flows.
- Tax considerations for Zone participants and potential entrants, including transfer pricing and transaction tax management.
Understand the financial services implications of developments in this important Chinese experiment with market reforms and related tax considerations.
Industries – Financial Services
Cash Pooling among Banks and Corporate Clients: The Tide is Rising?
20 March, 4:00 – 5:00 PM HKT (GMT +8)
Host: Michael Velten
Presenters: Leon Cane, Ian Clarke, Frederic Bertholon-Lampiris, and Natalie Yu
Across Asia, banks and their corporate clients are increasingly focused on cash and liquidity management, as well as financial supply chain solutions. Why is cash pooling such a focus now and what are important considerations for your organization? We'll discuss:
- Factors driving the development of cash pooling in Asia, including bank and corporate perspectives and the prevalence of cash pooling in Asia.
- Recent Asia Pacific regulatory changes impacting cash pooling, including developments in China that are expected to prompt further development of cash management products in China.
- Transfer pricing issues and considerations, including allocation of the interest savings from cash pooling.
Gain insights into this developing trend and what it could mean for your organization.
"Permanent Establishment" Definition: Current "Frictions" in Interpretation
25 March, 2:00 – 3:00 PM HKT (GMT +8)
Host: Steve Towers
Presenters: Claudio Cimetta, Leonard Khaw, and Julie Zhang
The "permanent establishment" (PE) definition in double tax treaties continues to be subject to changing, and conflicting, interpretations, quite apart from any redrafting of the definition under the OECD's BEPS Project. What are the current areas of "friction" in the interpretation of this important determinant of source country entitlement to tax business profits? We'll discuss:
- The "at the disposal" condition in Article 5(1) and its application in toll manufacturing, logistics, visiting employees, and other situations.
- The "furnishing of services" PE in Article 5(3)(b) of the UN model treaty.
- The "binding" condition in Article 5(5).
- The circumstances, if any, in which a non-contract-concluding dependent agent can cause a PE for its principal.
Understand the current "friction" areas in the interpretation of the PE definition in double tax treaties.
Malaysian GST: Turning Promises into Hard Realities by April 2015
27 March, 2:00 – 3:00 PM HKT (GMT +8)
Host: Robert Tsang
Presenter: Kah Seong Fan
In its October 2013 budget, the Malaysian government announced a new goods and services tax (GST) with an implementation date of April 2015. Since then, many revisions have been made to the law, along with industry and sector specific implementation guidance. What should multinationals know about the new law and guidance? We'll discuss:
- Insights into the government's new online registration portal, including the latest on industry guides (particularly in the banking and consumer business sectors).
- The latest updates on special schemes and industry-focused rules – for example, how will the requirements of the Approved Trader Scheme work in practice?
- Important issues businesses should begin to prepare for now – what pitfalls are there lurking in systems work undertaken by businesses for the new GST? What are the ramifications for businesses of the anti-profiteering rules and GST – where is the burden of proof and what level of evidence is required?
Hear the latest details on Malaysia's new GST program and how you should be preparing for implementation in 2015.