INTERNATIONAL TAXATION CONFERENCE
ANNUAL CONFERENCE – PROGRAMME AND PRESENTATIONS
ANNUAL CONFERENCE – PROGRAMME AND PRESENTATIONS
DECEMBER 6-8, 2012
ITC MARATHA HOTEL, MUMBAI
Conference Programme 2012
Thursday, December 6, 2012 – ITC MARATHA
| Day 1 | |
| 08.00 – 20.00 | Registration |
| 10.00 – 10.15 | Welcome to the Conference |
| Session | |
| SUBSTANCE AND FORM IN INTERNATIONAL TAXATION “PLENARY SESSION” | |
| Chairman | SohrabDastur, Senior Advocate, India |
| 10.15 – 10.55 | “Klaus Vogel” Speaker: Frederik Zimmer, Professor, Faculty of Law, University of Oslo, Norway Substance and Form – Some General Issues Click Here to view the Presentation  |
| 10.55 – 11.35 | Andrew Dawson, Her Majesty Revenue & Customs, United Kingdom Substance and Form under Model Tax Treaties Click Here to view the Presentation |
| 11.35 – 12.15 | Michael Durst, Tax Attorney, United States Substance and Form and Transfer Pricing Click Here to view the Presentation |
| 12.15 – 12.45 | Bruno Gangemi, Partner, Macchi di Cellere, Studio Legale, Italy Substance and Form – A European View Click Here to view the Presentation |
| 12.45 – 13.00 | Session Chairman’s Remarks and Questions |
| 13.00 – 14.00 | Lunch |
| Session | |
| SUBSTANCE AND FORM IN PRACTICE | |
| Chairman | Ketan Dalal, Joint Head of Tax, PricewaterhouseCoopers, India |
| 14.00 – 14.30 | U.S. – Marc Levey, Partner, Baker & McKenzie, United States Click Here to view the Presentation |
| 14.30 – 15.00 | India – Pramod Kumar, Member, Income Tax Appellate Tribunal, India Click Here to view the Presentation |
| 15.00 – 15.30 | Brazil – Marcos Valadao, Professor of Law, Catholic University of Brasilia, Brazil Click Here to view the Presentation |
| 15.30 – 16.00 | Canada – Al Meghji, Partner, Osler, Hoskin & Harcourt, Canada Click Here to view the Presentation |
| 16.00 – 16.30 | U.K. – Nikhil Mehta, Barrister, United Kingdom Click Here to view the Presentation |
| 16.30 – 17.00 | Tea Break |
| 17.00 – 18.00 | Panel Discussion I – Economic Substance over Form in International Taxation – A Myth or Reality ? A panel discussion led by Jairaj Purandare, former Senior Partner, PwC, India and chaired by Dr. Parthasarathi Shome, Director and Chief Executive, ICRIER, New Delhi – Panellists: Mary Bennett, United States; Bruno Gangemi, Italy; Ana Utumi, Brazil; Frederik Zimmer, Norway |
| SPECIAL PRESENTATION | |
| 18.00 – 18.30 | Geoff Cook & Richard Teather, Jersey Finance, Jersey Demonstrating Substance – Applying Case Law in an offshore Context Click Here to view the Presentation |
| 18.30 – 19.00 | Ambassador. (Mrs.) Usha Dwarka-Canabady, Ministry of Foreign Affairs, Mauritius Mauritius as an International Financial Centre with particular reference to India -Mauritius Tax and Treaty Issues |
| 19.00 – 22.30 | Networking Dinner (Supported by Jersey Finance) |
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CONFERENCE PROGRAMME – 2012 |
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| Day 2 | |
| Session | |
| EMERGING ISSUES IN INDIAN INTERNATIONAL TAXATION | |
| Chairman | Dinesh Kanabar, Deputy CEO and Chairman Tax, KPMG, India |
| 09.00 – 09.15 | Chairman’s Remarks |
| 09.15 – 09.45 | Professor Parthasarathi Shome, Director and Chief Executive, ICRIER, New Delhi Emerging Issues in Indian International Taxation – Special Address |
| 09.45 – 10.15 | Girish Dave,former Director of International Taxation, India Overview of Vodafone case in India and Indian Tax Policy Click Here to view the Presentation |
| 10.15 – 10.45 | Shefali Goradia,International Tax Partner, BMR Advisors, India Recent Developments in General Anti-avoidance Rules (GAAR) in India Click Here to view the Presentation |
| 10.45 – 11.15 | Uday Ved,Senior Partner and former Head of Tax, KPMG, India Indirect Transfers and Retrospective Legislation in India Click Here to view the Presentation |
| 11.15 – 11.45 | Alpana Saksena,Director, KPMG, India India’s New Advance Pricing Arrangement (APA) Program Click Here to view the Presentation |
| 11.45 – 12.45 | 2012 Supreme Court Vodafone Decision and Subsequent Developments Discussion led by Dinesh Kanabar on the 2012 Indian Supreme Court decision in Vodafone appeal case, its retrospective amendment and subsequent developments Panellists: Girish Dave, India; Al Meghji, Canada; Nikhil Mehta, United Kingdom; Mohan Parasaran, India; Mukesh Butani, India. |
| 12.45 – 13.00 | Discussion and Questions |
| 13.00 – 14.00 | Lunch |
| Session | |
| INTERNATIONAL TAX STRUCTURING FOR INVESTING ABROAD | |
| Chairman | Nishith Desai, Founder, Nishith Desai Associates, India |
| 14.00 – 15.00 | International Tax Issues affecting Multinationals Discussion led by Nishith Desai – Panellists: Peter Barnes, General Electric, United States; Catherine Damelincourt, Alstom Group, France; S. Mahalingam, Tata Consultancy Services, India |
| 15.00 – 16.00 | Transfer Pricing Rules for Developing Countries – Issues and Options Discussion led by T P Ostwal, India – Panellists : Michael Durst, United States; Michael Lennard, United Nations; Caroline Silberztein, France; Stig Sollund, Norway; Marcos Valadao, Brazil |
| 16.00 – 16.30 | Discussion and Questions |
| 16.30 – 17.00 | Tea Break |
| Session | |
| INDIRECT TAXATION DEVELOPMENTS | |
| Chairman | Satya Poddar, Head of Indirect Tax Practice, Ernst & Young, India |
| 14.00 – 14.15 | Chairman’s Remarks |
| 14.15 – 14.45 | Marie Pallot, Head of VAT Policy, New Zealand Considerations in Taxation of Financial Services Click Here to view the Presentation |
| 14.45 – 15.15 | Sachin Menon, Head of Indirect Taxation, KPMG, India Taxation of Services: Overlaps in Centre-State Division of Taxation Powers Click Here to view the Presentation |
| 15.15 – 16.30 | Controversies in Taxation of Services in India Discussion led by Satya Poddar – Panellists: Prashant Deshpande, Deloittes, India; Sachin Menon, KPMG, India; Rohan Shah, Economic Laws Practice, India; and invited speakers from corporates and government. |
| 16.30 – 17.00 | Tea Break |
| SPECIAL PRESENTATION | |
| Chairman | Kiran Umrootkar, Trustee, Foundation for International Taxation, India |
| 17.00 – 17.30 | Gregory Jones, Director of Taxation, KPMG, Isle of Man Tax Structuring Opportunities using Isle of Man for Investing in the UK and European Union Click Here to view the Presentation |
| 17.30 – 18.00 | Thomas Hanzely, Managing Director, BBD Enterprises, Bahrain Middle East-Recent International Tax Developments Click Here to view the Presentation |
| 18.00 – 18.30 | Dermot S.L. Butler, Chairman, Custom House Group, Malta Non-tax costs of Regulatory Changes Click Here to view the Presentation |
| 18.30 – 19.00 | Pascal Janssens, Partner, PricewaterhouseCoopers, Belgium Belgium – Investment Incentives and Tax Advantages Click Here to view the Presentation |
| 19.00 – 22.00 | Networking Dinner |
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CONFERENCE PROGRAMME – 2012 |
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| Day 3 | |
| 08.30 – 10.30 | Panel Discussion II : Substance and Form – Role of the Judiciary A panel discussion led by Mukesh Butani, Managing Partner, BMR Legal, India and chaired by Justice S.H. Kapadia, former Chief Justice of India – Panellists: Arvind Datar, Senior Advocate, India; Marc Levey, United States; Marcos Valadão, Brazil; Frederik Zimmer, Norway; and Hon. G.E.Veerabhadrappa, former President – Income Tax Appellate Tribunal, India. |
| 10.30 – 11.00 | Coffee Break |
| Session | |
| RECENT DEVELOPMENTS IN THE MODEL TREATIES | |
| Chairman | Pranav Sayta, National Leader & Partner, Ernst & Young, India |
| 11.00 – 11.30 | Michael Lennard, Chief, International Tax Cooperation Section, United Nations United Nations Treaty Model-The 2012 Update Click Here to view the Presentation |
| 11.30 – 12.00 | Mary Bennett, Partner, Baker & McKenzie, United States OECD Treaty Model-Recent Developments Click Here to view the Presentation |
| 12.00 – 13.00 | Substance and Form and Tax Treaties Discussion led by Pranav Sayta – Panellists: Mary Bennett, United States; Andrew Dawson, United Kingdom; Michael Kobetsky, Australia; Michael Lennard, United Nations; Stig Sollund, Norway |
| 13.00 – 14.00 | Lunch |
| Session | |
| SOME REGIONAL TAX DEVELOPMENTS | |
| Chariman | M. Lakshminarayanan, Managing Partner – Tax, Deloitte, India |
| 14.00 – 14.30 | Shreya Rao, Senior Tax Lawyer, Nishith Desai Associates, India Developments in India Click Here to view the Presentation |
| 14.30 – 15.00 | Bruno Gangemi, Partner, Macchi di Cellere, Studio Legale, Italy Developments in Europe Click Here to view the Presentation |
| 15.00 – 15.30 | Ana Claudia Akie Utumi, Partner, Tozzini Freire Advogados, Brazil Developments in Latin America Click Here to view the Presentation |
| 15.30 – 16.00 | Veerinderjeet Singh, Chairman, Taxand Malaysia Developments in Asia (ex. India) Click Here to view the Presentation |
| 16.00 – 16.30 | Discussion & Questions |
| 16.30 – 17.00 | Tea Break |
| Session | |
| TRANSFER PRICING DEVELOPMENTS | |
| Chairman | Uday Ved, Executive Director & Head of Tax, KPMG, India |
| 11.00 – 12.00 | Intangibles: Transfer Pricing or Anti-Abuse? Definition and Ownership Issues |
| 12.00 – 13.00 | Intangibles: Goodwill, Location Savings, Valuation Methods Discussions led by Caroline Silberztein – Panellists: Peter Barnes, GE, United States; Michelle Levac, Canada Revenue Authority, Canada; Marc Levey, Baker & McKenzie, United States; Marlies de Ruiter, OECD, Paris. Caroline Silberztein, Baker & McKenzie, France |
| 13.00 – 14.00 | Lunch |
| Session | |
| TRANSFER PRICING – REGIONAL DEVELOPMENTS | |
| Chairman | Shyamal Mukherjee, Joint Head of Tax, PricewaterhouseCoopers, India |
| 14.00 – 14.30 | Stig Sollund, Director General, Tax Law Dept., Ministry of Finance, Norway United Nations – Practical Transfer Pricing Manual for Developing Countries Click Here to view the Presentation |
| 14.30 – 15.00 | North America – Al Meghji, Partner, Osler, Hoskin & Harcourt, Canada Click Here to view the Presentation |
| 15.00 – 15.30 | Australia – Michael Kobetsky, Professor, Melbourne University Click Here to view the Presentation |
| 15.30 – 16.00 | India – Rahul Mitra, Partner, PricewaterhouseCoopers, India Click Here to view the Presentation |
| 16.00 – 16.30 | OECD – Marlies de Ruiter, Head of Tax Treaty, Transfer Pricing & Financial Divs., Paris Click Here to view the Presentation |
| 16.30 – 17.00 | Tea Break |
| 17.00 – 18.00 | Panel Discussion III : Recent Indian Cases and Developments in Transfer Pricing – A panel discussion with selected conference speakers and delegates led by Vijay Iyer, National Transfer Pricing Leader & Partner, Ernst & Young, India. Panellists currently include Vinod Mangotra, ex Revenue – KPMG, India; Rohan Phatarpekar, KPMG, India; Karishma Phatarpekar, Grant Thornton, India; and Sanjay Tolia, PricewaterhouseCoopers, India. The session will be recorded by CNBC – TV18. |
| 18.00 – 18.55 | Panel Discussion IV : Recent Indian Cases and Developments in International Taxation – A panel discussion with selected conference speakers and delegates led t by T P Ostwal, Partner, T P Ostwal Associates, India. Panellists currently include Bijal Ajinkya, Nishith Desai Associates, India; Gokul Chaudhri, BMR Advisors, India; Sunil Shah, Deloitte, India; and G C Srivastava, ex Revenue, India. The session will be recorded by CNBC – TV18. |
| 18.55 – 19.00 | Concluding Remarks |
