Global Transfer Pricing Litigation: Trends and Developments Explored!
Transfer pricing, by which multinational corporations can allocate much of their profit to lower-tax countries, has become a slippery slope. More and more tax-deprived countries are taking measures to guard against this form of tax avoidance, also known as Base Erosion and Profit Shifting (BEPS). The Organization for Economic Cooperation and Development (OECD) has issued guidelines that require multinational enterprises to undertake additional analysis and documentation for transactions within a group of related corporate entities. Many countries have adopted these guidelines wholesale, while the U.S. and Canada have implemented even more detailed rules. All of this insures that transfer pricing will become increasingly complex, challenging and possibly expensive, such as where a transfer pricing audit can result from failure to implement appropriate practices.
In this live webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will offer a discussion of the fundamentals of global transfer pricing as well as updates regarding implementation of the OECD guidelines by various countries. The course will also focus on best practices for companies to avoid or limit risk of audits and possible double taxation.
- Transfer Pricing Theory and Practice
- OECD Guidelines
- Profit Allocation
- Price Testing
- Arm's-length Standard
- Cost-Sharing Agreements
- Country-specific Tax Rules
Scott D. Davis CPA, JD, MST, Partner
- The Amazon Case concerning the IP transferred well below market value and the subject of how to value Intangibles
- The Altera Case which considered whether stock options should be included in stock base
- The IRS win/loss rate in cases and why they lose more then they win.
- The IRS and the implementation of CbCR’s this year. (country by country reporting)
Christine Polek, Senior Associate
The Brattle Group
David Hutchings, Senior Associate
The Brattle Group
- Overview of Guidance on Profit Splits: when the profit split method might be warranted vs using a one-sided transfer pricing method
- Value Chain: how to define value & cases where parties perform discrete functions in an integrated supply chain vs when multiple parties are involved in the same stage of a value chain
- Profit Splits in Audits and Controversy: challenges of measuring profit levels and separating profits between routine and non-routine
Who Should Attend:
- Corporate Attorneys
- Tax Attorneys
- In-House Counsel
- Tax Practitioners
- Tax Consultants
- Other Related/Interested Professionals
A member of the firm’s National Tax Services Group, Scott has over 25 years of experience in both public accounting and private industry. He has a thorough knowledge of real and personal property statutes on a national basis preparing returns in the states that require annual filing, real and personal property tax appeal and audit defense work. In addition, Scott specializes in coordinating cost segregation studies and property tax reclamations.
Internationally, Scott has strong experience in the preparation for both US and foreign entities in the area of transfer pricing to ensure compliance with Internal Revenue Section 482. Scott has also performed capital allowance studies in the United Kingdom to ensure compliance with Sections 198 and 199 of the HM Revenue and Customs (HMRC). He has appeared before the HMRC on audit defense of capital allowance studies. Scott also has been involved with tax strategy on the due diligence of M&A involving foreign investors looking to open operations in the United States.
Scott received his masters of science in taxation from Seton Hall University and juris doctorate (JD) from Seton Hall University School of Law. A graduate of the University of Bridgeport, he also received his BS degree in accounting and AS degree in economics. As a tax specialist, Scott has worked for both large, national firms and local firms and has repeatedly developed and grown nationwide tax practices. In addition, he has presented and written articles on numerous tax topics. Scott is a member of the American Institute of Certified Public Accountants (AICPA) and also served as indirect chair for the Geneva Group International (GGI) of the Americas. He resides in Union County, NJ.
A member of the firm’s National Tax Services Group, Scott has over 25 years of experience in both public accounting …
Dr. Christine Polek has over ten years of professional experience in the expert witness consulting industry. She has helped experts in a broad range of cases to develop thoroughly researched yet accessible expert reports and to prepare for deposition and trial testimony. Christine has experience with many types of cases, including those involving economic damages and valuation as well as complex tax issues such as foreign tax credits, transfer pricing, and the business purpose doctrine. Her recent cases have involved the identification and valuation of intangible property, the analysis of the pre-tax profit potential of cross-border transactions, and the analysis of financial and accounting data in order to quantify lost profits.
In addition to economic consulting, Christine has experience analyzing mortgage-related investments, including agency and subprime mortgage-backed securities for the research group of a money management firm and has taught economic courses at the graduate and undergraduate level.
Dr. Christine Polek has over ten years of professional experience in the expert witness consulting industry. She has helped experts …
Mr. David Hutchings specializes in the economic analysis of complex business transactions. He supports experts, performs statistical analyses, and leads case teams in analyzing and developing evidence to provide consulting support to attorneys.
Mr. Hutchings has extensive experience in tax disputes and transfer pricing matters, having supported experts and attorneys for both taxpayers and taxing authorities. He has focused on developing innovative economic analyses to assess the best method for transfer pricing, assessing the profitability of transactions, and investigating the business purpose doctrine. He also has experience in securities and commercial damages cases, having been involved in several disputes arising out of the financial crisis related to residential mortgage-backed securities, credit ratings, and financial guaranty insurance, which often involve dealing with large amounts of data and conducting detailed statistical analyses. In addition, his consulting experience includes assessing the economic impact of mergers and allegedly anticompetitive behavior.
Mr. Hutchings has worked with leading academics in both litigation and non-litigation settings. For example, he has supported Nobel laureate Joseph Stiglitz in a number of matters, including disputes regarding the Irish banking crisis, sovereign debt restructurings, and intellectual property protections, in addition to tax and securities matters.
Mr. David Hutchings specializes in the economic analysis of complex business transactions. He supports experts, performs statistical analyses, and leads …
Print and review course materials
Method Of Presentation:
Experience in Transfer Pricing Law
NASBA Field of Study:
Taxes - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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