FIT-IBFD Conference 2021 – Potential Topics
Topic 1: 25-year landscape presentation
Topic 2: Recent developments in international tax
Topic 3: Tax treaties – Treaty entitlement and PE issues
- Principal purpose test – implications for transaction structuring by MNCs.
- Treaty entitlement in case of fiscally transparent entities.
- Permanent establishment: influence of the Formula One decision in future.
Topic 4: Tax treaties – Issues concerning cross-border payments
(Dividends, software, and FTS)
- Beneficial ownership – issues and nuances.
- Software income characterization – developments in India and elsewhere, incl. Australia
- Revived significance of Art. 10 in Indian context
- Indian Dividend Distribution Tax (DDT): does the withholding tax rate in Art. 10 apply?
- FTS – is human element relevant?
Topic 5: GAAR – Global experience in Indian context
- GAAR versus the US anti-avoidance doctrines.
- Role of judicial GAAR precedents for interpretation of statutory GAAR.
- Can GAAR apply in case of tax benefits offered by the domestic tax law?
- Can the GAAR in the domestic tax law apply in a tax treaty situation?
- Who bears the burden of proof?
Topic 6: Pillar One – Selected issues
- Developments so far (in nutshell) and outcome possibilities.
- Indian equalization levy – in conflict with Art. 7 of Indian tax treaties?
- Implementation of UN MC Art. 12B in contemporary tax treaties.
- Importance of the US approach in context of pillar one developments.
- Is the Significant Economic Presence (SEP) of much relevance in view of broad Indian tax treaty network?
- ‘Amount A’ and ‘Amount B’ – implementation complexities.
- Activity test, threshold test, and tax certainty.
Topic 7: Pillar Two – Selected issues
- Developments so far (in nutshell) and outcome possibilities.
- Global minimum corporate tax rate (15%) – is it a realistic goal?
- Would pillar two developments stabilize international tax systems and facilitate tax certainty for taxpayers and tax administrations?
- Issues and nuances related to pillar two [e.g.: income inclusion rule (IIR), switchover rule (SoR), GloBE rules/ process, etc.].
- Any other related aspects/ issues.
Topic 8: Transfer pricing – selected issues
- Advance Pricing Agreements (APAs): experience in India and elsewhere.
- Can a foreign associated enterprise (AE) be selected as a tested party?
- Excess credit period – can it be separated from the main (sale/ service) transaction?
- Turnover filter: experience in India and other jurisdictions.
- Profit split method: global experience.
Decemebr 2021 Conference – Download Registration form