What you will learn

Nowadays multinational enterprises (MNEs) play a prominent role in the global economy. As their business strategies, supply chains, intellectual property and technology are no longer organized around regional boundaries, compliance with different requirements of multiple tax jurisdictions has become a highly complex task.

The purpose of this workshop is to address the recent developments in the field of transfer pricing and business restructurings with a special focus on identification of transfer pricing issues arising for MNEs whenever they decide to restructure their functions by transferring intangible property.

The workshop will discuss what is an intangible property, who is considered to be the owner of the intangible for tax purposes, when an intangible is deemed to be transferred, and how to achieve the arm's length price for the controlled transaction. To illustrate the latter case studies and practical examples will be used throughout the workshop, drawing on the wealth of experience of the presenters from the Dutch Ministry of Finance.

The following topics will be covered during the workshop:

Transfer pricing aspects of business restructuring
Reallocation of functions, assets and risks within an MNE
Application of the arm’s length principle to business restructurings
Business restructuring transactions involving the use or transfer of intangibles
Transfer pricing consequences of a reallocation of profit/loss

How you will benefit

By the end of the seminar, participants will have:

Gained a better understanding of transfer pricing aspects of business restructuring
Discussed different challenges regarding transfer pricing implications in business restructuring through case studies
Learned about the valuation of an intangible property
Learned by exchange of experiences from other countries

Who should attend

The course has been designed for senior or experienced auditors or tax inspectors dealing with transfer pricing, as well as policy makers with an interest in transfer pricing.

As the workshop will be held in English with no translation, participants should have a good command of English.

Your contributions

Much of the workshop will be devoted to discussions focused on the case studies. Country-specific experience will also be discussed. The sessions will allow participants and experts to share views and experiences on transfer pricing aspects of business restructuring.

Apart from the plenary sessions, participants will split into small groups to discuss the case studies. These groups will report in plenary sessions to give participants the opportunity to share their views.

Faculty

Jos van Leeuwen, Ministry of Finance, The Netherlands
Jos van Leeuwen (1967) is advisor on transfer pricing issues at the Ministry of Finance of the Netherlands. He advises on policy issues, he negotiates with his foreign counterparts on bilateral/multilateral Advance Pricing Agreements and on Mutual Agreement Procedures. He is a Dutch delegate at OECD WP6 (transfer pricing) meetings and Vice chair at the meetings of the EU Joint Transfer Pricing Forum. He was part of the Dutch delegation at the OECD special sessions on Business Restructuring. He is also involved in the OECD project “Informal Taskforce on Tax & Development” with the goal to make tax systems (law and administration) of developing countries more robust.

Some of his previous tasks at the Ministry of Finance:

he worked at the Direct Taxation Directorate on legislation projects including the Corporate Income Tax Plan 2007 (Vpb 2007);
he worked at the Financial Markets Directorate on legislation projects including the Supervision of company service providers act (Wtt 2004) and on the follow up on the OECD report Behind the Corporate Veil using corporate entities for illicit purposes (2001).
he worked at the International Tax Policy and Legislation Directorate mainly on projects regarding tax competition and attended at the meetings of the OECD Forum on harmful tax practices

Before he joined the Ministry of Finance in 1997, he worked as a tax advisor at Pricewaterhousecoopers (Coopers & Lybrand) for three years.

Jan de Winter, Ministry of Finance, The Netherlands
Jan de Winter (1963) is a corporate income / withholding tax auditor working for the Dutch tax authorities, large enterprises, in Rotterdam. From 1997 up to 2003 auditor of international holding, financing, royalty structures. After 2003 he was one of the users of databases (for example: Amadeus), mainly to verify transfer pricing studies, having discussions about fair remunerations and the financial implementation of it in the books of the taxpayer. From 2007 up to September 2010 he changed from job to the local tax office in Dordrecht, mainly involved as project coordinator of emigrating individuals, horizontal monitoring process and transfer pricing related audits. From October 2010 up to now he is a member of the APA/ATR-team in Rotterdam. For about 60% of his time involved as case handler in unilateral, bilateral and multilateral APA's. The other 40% of his time he is the regional coordinator of requests for information from foreign tax authorities (incoming, but also formulating outgoing requests).

Transfer Pricing in Business Restructuring

What you will learn

How you will benefit

Who should attend

Your contributions

Faculty

Application procedure