INTERNATIONAL TAXATION CONFERENCE
ANNUAL CONFERENCE – PROGRAMME AND PRESENTATIONS
ANNUAL CONFERENCE – PROGRAMME AND PRESENTATIONS
December 7 – 9, 2017 – Mumbai
Conference Programme 2017
THEME : IMPLEMENTATION OF BEPS
ROLE OF MULTILATERAL INSTRUMENT (MLI) AND TRADITIONAL APPROACHES
| DAY 1 : DECEMBER 7, 2017 (FRIDAY) | |
| 08.00 – 20.00 | Registration |
| 08.45 – 09.15 | Opening Remarks: Conference Director (Roy Rohatgi) |
| 09.15 – 09.45 | Welcome: International Bureau of Fiscal Documentation, Director of Knowledge Centre, (Belema Obuoforibo) Click Here to view the Presentation  |
| 09.45 – 10.00 | Break |
| Plenary Session: | |
| Multilateral Instrument (MLI) under BEPS | |
| Chairman | Porus Kaka, Senior Advocate, India |
| 10.00 – 10.30 | Murray Clayson, President – International Fiscal Association – Worldwide Special Address(Video Recording) |
| 10.00 – 10.30 | Maikel Evers,Counsellor – BEPS Coordinator, OECD, Paris An Overview: Some Early Legal and Operational Experiences with MLI under Inclusive Framework & Positions taken by Countries so far since June 7, 2017 Click Here to view the Presentation |
| 11.30 – 12.00 | Mukesh Butani,Managing Partner, BMR Legal, India India as a Signatory on Multilateral Instrument: Some Observations Click Here to view the Presentation |
| 12.00 – 12.30 | Parthasarathi Shome, Director, International Tax Research and Analysis Foundation (ITRAF), India |
| 12.30 – 13.00 | Porus Kaka, Session Chairman – Concluding Remarks and Felicitation to Sohrab Dastur. Session Chairman (2001 – 2016) |
| 13.00 – 14.00 | Lunch |
| Plenary Session: | Afternoon |
| Chairman | Jan Maarten Slagter,Chief Executive Officer, International Bureau of Fiscal Documentation, The Netherlands |
| 14.00 – 14.30 | Jefferson Vandervolk,Head of Transfer Pricing and Tax Treaties, OECD Paris, Use of Profit Split Methods for Transfer Pricing under BEPS Action 8-10 |
| 14.30 – 15.00 | Monica Bhatia,Head of Global Forum Secretariat, OECD, Paris (Stand in Speaker: Maikel Evers, OECD, Paris) International Financial Centres and Exchange of Information (including Beneficial Ownership) on request or on automatic exchange Click Here to view the Presentation |
| 15.00 – 15.30 | David Spencer,International Tax Lawyer and former Senior Advisor of Tax Justice Network, USA BEPS and Allocation of Taxing Rights: Current Global Shift from Residence towards Source Taxation! Click Here to view the Presentation Click Here to view the Presentation Click Here to view the Presentation |
| 15.30 – 16.00 | Jeffrey Owens, Professor & Director of Global Tax Policy Center, WU Austria (former Director, OECD Paris, and FIT Conference Keynote Speaker 2015) Role of Tax Certainty in Promoting Sustainable and Inclusive Growth and preventing Unacceptable Tax Avoidance Click Here to view the Presentation |
| 16.00 – 16.30 | Victor van Kommer, Tax Services Director, International Bureau of Fiscal Documentation, The Netherlands Tax Policy and Administration: Some Recent Developments under BEPS Click Here to view the Presentation |
| 16.30 – 16.45 | Jan Maarten Slagter, Session Chairman – Concluding Remarks |
| 16.45 – 17.00 | Break |
| Plenary Session: | |
| Late Afternoon (Option A) | |
| Chairman | Kees van Raad, ITC Leiden & Of Counsel, Loyens & Loeff |
| 17.00 – 19.00 | Topics include: What are the key challenges in the drafting and implementation of a single Multilateral Instrument for over 100 countries who have signed so far to comply with BEPS Recommendations? What is the status of BEPS Reports in international law and domestic law? How can Courts in different countries be bound by an agreement that may give them economic substance without domestic legal substance? What are the key issues arising from MLI to date? Etc. Panel Discussion led by Daniel Erasmus,South Africa & USA. Panelists:Rajat Bansal,India –Mukesh Butani,India –Vikram Chand,Switzerland – Shefali Goradia, India – Mindy Herzfeld,USA – Paris – Rajesh Ramloll, Mauritius. Click Here to view the Presentation Click Here to view the Presentation |
| Plenary Session: | |
| Late Afternoon (Option B) | |
| Chairman | Vijay Mathur, Senior Tax Advisor, PricewaterhouseCoopers Pvt. Ltd., India |
| 17.00 – 19.00 | What is the likely Impact of MLI under BEPS on Developing Countries today and in future? Has BEPS Changed the Allocation of Taxing Rights under OECD Model Treaties in their favour? Does it also give effect to Economic Substance over Form principle? Panel Discussion led by Jairaj Purandare, – India. Panelists: K R Girish, India –Pramod Kumar, India –Belema Obuoforibo,IBFD, The Netherlands – Sol Picciotto, UK – Pragya Saksena, India – Parthasarathi Shome, India – David Spencer, USA, – Jefferson VanderWolk, OECD, Paris. |
| 19.00 – 22.00 | Networking Dinner |
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DAY 2 : DECEMBER 8, 2017 (FRIDAY) |
|
| 09.00 – 10.00 | KEYNOTE SPEAKER |
| Chairman | Professor Roy Rohatgi, Conference Director “Klaus Vogel” Speaker: Pascal Saint-Amans, Director – OECD Paris followed by Questions |
| 10.00 – 10.30 | Break |
| Plenary Session: | |
| BEPS in India Impact on Indian Tax Policy and Objectives | |
| Chairman | Dinesh Kanabar, Founding Partner, Dhruva Advisors LLP, India |
| 10.30 – 11.00 | Parthasarathi Shome,Director, International Tax Research and Analysis Foundation (ITRAF), India Multilateral Instrument under BEPS and India Click Here to view the Presentation |
| 11.00 – 11.30 | Akhilesh Ranjan,Principal Chief Commissioner of Income-tax (International), India Multilateral Instrument – Indian Experience: Challenges and Opportunities (Video Recording) |
| 11.30 – 13.00 | BEPS and Indian Tax Policy, Practice and Compliance Panel Discussion led by Milind Kothari in the presence of Pascal Saint-Amans, Director, Centre for Tax Policy and Administration & Shabri Bhattasali, Member, CBDT (India). Panelists: Rajat Bansal – Rohit Jain – Vipul Jhaveri – Bobby Parikh – Rupak Saha – Pranav Sayta – Uday Ved (all from India) |
| 13.00 – 14.00 | Lunch |
| Session: | |
| Global Impact of BEPS and Its Future (Option A) | |
| Chairman | Nishith Desai, Founder, Nishith Desai Associates, India |
| 14.00 – 16.00 | Transfer Pricing under BEPS Actions 8-10, including Recent Developments in Formulary Approach with Profit Split Methods and other approaches Panel Discussion in the presence of G S Pannu, Accountant Member, Income-tax Appellate Tribunal, India, Panel led by Anis Chakravarty, India Panelists: Panelists: Ranjana Gupta, New Zealand – Vijay Iyer, India – Ashish Kumar, India – Rohan Phatarphekar, India – Jiger Saiya, India – Jefferson VanderWolk, OECD, Paris –Kamlesh Varshney, India |
| 16.00 – 16.30 | Discussion and Questions |
| Session: | |
| Tax and Treaty Compliance under BEPS (Option B) | |
| Chairman | Vipul Jhaveri,Head of Tax, Deloitte, Haskins & Sells LLP, India |
| 14.00 – 16.00 | (i)The UN and OECD approach to BEPS issues and related Allocation of Taxing Rights and an Overview of the Recent Developments in the UN Model on Taxation of Services and Transfer Pricing. Panel Discussion led by Radhakishan Rawal, India. Panelists: Rajat Bansal, India –Daksha Baxi, India – Vladimir Gidirim, Russia –Michael Kobetsky, Australia – Amar Mehta, Canada – Ignatius Mvula (UN Tax Committee). Click Here to view the Presentation |
| 16.00 – 16.30 | Discussion and Questions |
| 16.30 – 17.00 | Break |
| Session | |
| Late Afternoon (Option A) | |
| Chairman | Belema Obuoforibo, Director of Knowledge Centre IBFD, The Netherlands |
| 17.00 – 19.00 | Action 6: Principal Purpose Test vs Limitation of Benefits to counter Abuse of Tax Treaties: A Comparison. Panel Discussion led by Uday Ved, India. Panelists: Premkumar Baldewsing, IBFD, The Netherlands –Vikram Chand, Switzerland –Maikel Evers, OECD, Paris – Mahesh Kumar, Singapore- Sanjeev Sharma, India Click Here to view the Presentation |
| Session | |
| Late Afternoon (Option B) | |
| Chairman | David Spencer,International Tax Lawyer, United States |
| 17.00 – 18.00 | Actions 5 & 6: Harmful Tax Competition and Abuse of Tax Treaties Discussion topics include tax provisions that prevent harmful tax competition and grant of treaty benefits in inappropriate circumstances. Panel discussion led by Kuntal Dave, India. Panelists:H. Gangadharan, India – Mindy Herzfeld, USA – Akshay Kenkre, India – Dennis Schafer, Singapore. Click Here to view the Presentation |
| Chairman | Carol Dunahoo, Partner, Baker & McKenzie, USA |
| 18.00 – 19.30 | Impact of BEPS on Taxpayers’ Rights and Responsibilities Panel Discussion led by Rajesh Simhan, India. Panelists: Clive Baxter, Denmark – Robert Goulder, USA – Nikhil Mehta, UK – Pascal Saint-Amans, OECD, Paris – Pragya Saksena, India |
| 19.30 – 22.00 | Networking Dinner |
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DAY 3 : DECEMBER 9, 2017 (SATURDAY) |
|
| Session | |
| Tax Dispute Resolution (Morning) | |
| Chairman | Mukesh Butani, Managing Partner, BMR Legal, India |
| 09.00 – 10.15 | Resolution of Tax Disputes under Domestic and International Laws involving MAP and/or Multilateral Instrument under BEPS (Actions 14 & 15): Discussion led by Mukesh Butani in the presence of R V Easwar,Former Judge, High Court of Delhi &, Ex-Officiating President, ITAT. Panelists: Rajat Bansal, India – Carol Dunahoo, USA – Maikel Evers, OECD, Paris – Pramod Kumar, India – Nikhil Mehta, UK – Jeffrey Owens, UK. Click Here to view the Presentation |
| 10.15 – 10.30 | Concluding Remarks by R V Easwar former Judge, High Court of Delhi |
| 10.30 – 11.00 | Break |
| Session | |
| Tax and Treaty Conflicts (Option A) | |
| Chairman | Pranav Sayta, National Partner, Ernst & Young, India |
| 11.00 – 12.00 | An update on Digital Economy under BEPS Action 1 Panel Discussion led by Sol Picciotto, UK. Panelists: – Joao Nogueira, IBFD, The Netherlands – Rashmin Sanghvi,Rohinton Sidhwa,Vinay Singh(all from India) Click Here to view the Presentation |
| 12.00 – 13.00 | Overview of Blockchains and Crypto Currencies: Its History and how it works Panel Discussion led by Jeffrey Owens, UK Panelists: Clive Baxter, Denmark –Ashvin Dwarka, Mauritius –Shikha Mehra, India – Meyyappan N, India. Click Here to view the Presentation Click Here to view the Presentation Click Here to view the Presentation Click Here to view the Presentation |
| Session | |
| Global Impact of BEPS and Its Future (Option B) | |
| Chairman | Rajesh Ramloll, Senior Advocate, Mauritius |
| 11.00 – 13.00 | An Overview of Extraterritorial Operation and Extraterritorial Legislation of Tax Laws (including Retrospective Legislation): How have Enterprises and Countries addressed them in (a) North America (b) Europe (c) Asia excluding India (d) India (e) Africa (f) Rest of the World? Are they Desirable? Necessary? Effective? Panel Discussion led by Arvind Datar, India. Panelists : Gokul Chaudhri,India –Daniel Erasmus, USA & Africa – Padamchand Khincha,India –Mahesh Kumar, Singapore –Amar Mehta, Canada-Nikhil Mehta, UK –Victor van Kommer,IBFD, The Netherlands –Lawrence Zlatkin, USA. |
| 13.00 – 14.00 | Lunch |
| Session | |
| General Anti-Avoidance Rules: in India (Option A) | |
| Chairman | Parthasarathi Shome, Director, International Tax Research & Analysis Foundation (ITRAF), India |
| 14.00 – 16.00 | New General Anti-Avoidance Rules (GAAR) introduced in India as from April 2017: Some Observations on the Law and its Compliance Session led by PVSS Prasad, India. Panelists: Pranay Bhatia, India – Vikram Chand, Switzerland –Gokul Chaudhri, India –Rita Cunha, UK –Hariom Jindal, India – Vijay Mathur, India – Simachal Mohanty, India – Amit Singhania, India Click Here to view the Presentation |
| 16.00 – 16.30 | Presentation by Philippe Thevoz, Executive Vice President, SICPA, Switzerland Impact of the next Wave of Blockchain Technologies on Tax Policy and Administration of the Future Click Here to view the Presentation |
| Session | |
| Artificial Avoidance of Permanent Establishment Status under Action 7 (Option A) | |
| Chairman | Shefali Goradia, Partner, Deloitte Touche Tohmastu India LLP, India |
| 14.00 – 15.15 | Dependent Agent Permanent Establishment: Is it a Permanent Establishment? (Action 7) followed by general discussion on on Does Permanent Establishment as a Tax Concept have a future in the tax world today? Panel discussion led by Bijal Ajinkya, India. Panelists: Michael Kobetsky, Australia –Sunil M Lala, India – Rahul Navin, India – Rajesh Simhan, India – Kees van Raad , The Netherlands. Click Here to view the Presentation Click Here to view the Presentation |
| Session | |
| Transfer Pricing Developments (Option B) | |
| Chairman | T P Ostwal, Managing Partner, T P Ostwal Associates LLP, India |
| 15.15 – 16.30 | Exchange of Tax Information with Transfer Pricing Documentation under BEPS – Some Issues and Comments under Action 13.Session led by Rahul Mitra, India. Panelists: Maikel Evers, OECD, Paris – Sanjiv Malhotra, Singapore – Ignatius Mvula, Zambia (UN Tax Committee) – Rahul Navin, India – Himanshu Sinha, India |
| 16.30 – 17.00 | Break |
| Session | Late Afternoon (Option A) |
| Chairman | Sachin Menon,Partner and Head of Indirect Taxes, KPMG, India |
| 17.00 – 18.45 | Goods and Services Tax in India – What lies ahead Panel Discussion led by Sachin Menon, India. Panelists: Prashant Bhatnagar – Prashant Deshpande – Bela Sheth Mao – Manish Mishra – Uday Pimprikar – Rohan Shah (all from India) Click Here to view the Presentation Click Here to view the Presentation Click Here to view the Presentation Click Here to view the Presentation |
| Session | Late Afternoon (Option B) |
| Chairman | Clive Baxter, Head of Tax Governance and Policy, A P Moller – Maersk A/S, Denmark Topic: How New Digital Technologies are likely to impact the International Tax Rules of the future and their Compliance? Click Here to view the Presentation |
| 17.00 – 17.40 | Presentation by Prof. Jeffrey Owens, WU Austria & Robert Goulder, Senior Tax Policy Counsel, Tax Analysts, USA |
| 17.40 – 18.45 | Discussion led by Jeffrey Owens, UK – Robert Goulder, USA –Shikha Mehra, India – Meyyappan N, India – Philippe Thevoz, Switzerland |
| 18.45 – 19.00 | Concluding Remarks: Jan Maarten Slagter (IBFD) – Roy Rohatgi (FIT) |
