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
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