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Educational Course Credit — Up to 9 CPE / CLE Credits Available

Agenda

Day 1, June 11, 2015


5:30-7:00 pm

Networking Reception

Baker & McKenzie, 815 Connecticut Ave NW, Washington, DC

7:15-8:00 pm

Town Hall Panel on BEPS

Army Navy Club, 901 17th St NW, Washington, DC

As the OECD enters the final stage of its work on base erosion and profit shifting (BEPS), discussion drafts already issued and those to come will spell big changes in the way tax authorities consider companies' international transactions. Hear about the BEPS guidance already issued and further changes being discussed. The officials and others will take questions from attendees during a town hall dinner session.

Moderator: Molly Moses, Managing Editor, Bloomberg BNA Transfer Pricing Report

Panelists: Mary Bennett, Partner, Baker & McKenzie, Washington, DC
Marlies de Ruiter, Head of the Tax Treaty, Transfer Pricing and Financial Transactions Division, OECD, Paris
Andrew Hickman, Head of the Transfer Pricing Unit, OECD, Paris
Caroline Silberztein, Partner, Baker & McKenzie, Paris

8:00-9:00 pm

Conference Dinner

Army Navy Club, 901 17th St NW, Washington, DC

Day 2, June 12, 2015

Fairfax Embassy Row
2100 Massachusetts Ave NW, Washington, DC


7:00-7:45 am

Registration and Continental Breakfast

7:45-8:00 am

Opening Remarks

8:00-8:45 am

Keynote Address

8:45-9:45 am

Hard-to-Value Intangibles Under the Latest OECD Draft

How to value intangibles is a persistent transfer pricing issue, and the tension between the OECD’s vision (at least since the BEPS project) and taxpayers’ vision is ongoing. The OECD continues to discuss special measures for valuing hard-to-value intangibles, and taxpayers continue to see this approach as something that will allow tax authorities to recharacterize transactions rather than relying on the arm’s-length standard.

Moderator: Gary Sprague, Partner, Baker & McKenzie, Palo Alto, CA

Panelists: Marlies de Ruiter, Head of the Tax Treaty, Transfer Pricing and Financial Transactions Division, OECD, Paris
Holly Glenn, Principal Economist, Baker & McKenzie LLC, Washington, DC
Andrew Hickman, Head of the Transfer Pricing Unit, OECD, Paris
Carlos Linares-Garcia, Principal Economist, Baker & McKenzie, Monterrey, Mexico
Robert Stack, Deputy Assistant Secretary, International Tax Affairs, US Treasury, Washington, DC

9:45-10:00 am

Refreshment Break

10:00-11:00 am

China and India: Full Speed Ahead

APAs, MAP, and audits are just three of the issues that will be addressed in this session. China has just announced a change in the way it will handle APAs and audits, and the recent agreement between the U.S. and India on an approach to MAP cases is expected to clear the way for APAs.

Moderator: Carol Dunahoo, Partner, Baker & McKenzie, Washington, DC

Panelists: Hareesh Dhawale, Acting Director, Advance Pricing and Mutual Agreement Division, U.S. Treasury, Washington, DC (invited)
Dr. Tizhong Liao, Deputy Director General of International Taxation, SAT, People’s Republic of China (Streaming Live from Beijing)
Sanjiv Malhotra, Partner, BMR & Associates LLP, New Delhi, India
Shanwu Yuan, Partner, Baker & McKenzie, Washington, DC

11:00 am-12:00 pm

What Does Moral Hazard Mean for You?

Moral hazard is a concept that has arisen in the OECD’s recent draft on risk, recharacterization and special measures as well as the draft on intangibles. It reflects the fact that unrelated parties, unlike related parties, must include safeguards in their contracts with one another to protect themselves from harmful behavior by the other party. How to account for this dynamic—or rather, the lack of it--in a related-party setting is one of the most controversial topics being discussed under the BEPS project.

Moderator: Leonard Terr, Partner, Baker & McKenzie, Washington, DC

Panelists: Marlies de Ruiter, Head of the Tax Treaty, Transfer Pricing and Financial Transactions Division, OECD, Paris
Andrew Hickman, Head of the Transfer Pricing Unit, OECD, Paris
Melinda Phelan, Partner, Baker & McKenzie, Houston, TX

12:00-1:15 pm

Luncheon

1:15-2:00 pm

Keynote Address
David Varley, Acting Director, Transfer Pricing Operations, Internal Revenue Service, Washington, DC

2:00-3:00 pm

Negotiating Appeals With the New LB&I

A recent reorganization in the Large Business and International Division, along with the creation of Transfer Pricing Operations in 2011, has had an impact on how Appeals considers transfer pricing and other large cases. What does this mean for taxpayers?

Moderator: Robert Albaral, Partner, Baker & McKenzie, Dallas, TX

Panelists: John Magee, Morgan Lewis, Washington, DC (Invited)
Paul Schick, Partner, Baker & McKenzie, Chicago, IL
Chris Wolter, Director of Tax, Boeing, Chicago, IL (Invited)

3:00-3:15 pm

Refreshment Break

3:15-4:15 pm

Implementation of Documentation and Country-by-Country Reporting

Under the latest guidance from the OECD, all companies with annual consolidated group revenue above 750 million euros will be required to file country-by-country reports under a common template for years beginning after January 1, 2016. The U.S. has now confirmed that it plans to enforce this requirement. Among the issues raised are how the U.S. and other countries will use this information, how it will be kept confidential, and above all, how companies will accomplish this reporting as a practical matter.

Moderator: Joshua Odintz, Partner, Baker & McKenzie, Washington, DC

Panelists: Peter Barnes, formerly Senior Tax Counsel International, GE, Senior Lecturing Fellow, Duke University, Durham, NC
Matt Frank, Senior Tax Counsel, GE, New York
Marc Levey, Partner, Baker & McKenzie, New York, NY
Robert Stack, Deputy Assistant Secretary, International Tax Affairs, US Treasury, Washington, DC

4:15-5:15 pm

TNMM versus Profit Split, and the Use of Return on Assets as a Profit-Level Indicator

Panelists: Donna McComber, Deputy Director-Technical, Advance Pricing and Mutual Agreement Program, IRS, Washington, DC (invited)
Russ Young, Partner, Baker & McKenzie, Chicago, IL
Richard Boykin, Partner, Baker & McKenzie, Palo Alto, CA

5:15-5:30 pm

Closing Remarks