Recent Trends and Developments on OECD’s Transfer Pricing Guidelines: What You Need to Know
As the economy continues to rapidly evolve, multinational enterprises significantly play an increasingly prominent role especially when it comes to transfer pricing. On October 7, 2017, the Organization for Economic Cooperation and Development (OECD) released the 2017 edition of the OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations. The guidelines comprehensively tackle the application of the "arm's length principle." It also serves as a significant aid for governments to ensure that the MNEs’ taxable profits are properly reported under the proper application requirements of the principle.
Join a panel of key thought leaders and professionals assembled by The Knowledge Group as they bring the audience to a road beyond the basics of the OECD’s Transfer Pricing Guidelines and as they delve into an in-depth analysis of the current trends and developments surrounding this significant topic. Speakers will also provide the audience with practical strategies to avoid potential business risks and legal pitfalls.
Key topics include:
- OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations: Overview
- The "Arm's Length Principle"
- Significant Revisions and Alterations
- Identifying Safe Harbors in Chapter IV
- Selection of the Transfer Pricing Method
- Traditional Transactions Methods
- Special Considerations and Exclusions
- What Lies Ahead in 2018
James Guadiana, Partner
Changes in transfer pricing policies necessitated by the Tax Cuts and Jobs Act:
Lower US corporate rate
- Base Erosion Anti-Abuse Tax
- Global Intangibles Low-Taxed Income
- Foreign Derived Intangibles Income
Evan Cohen, Principal
The Brattle Group
David J. Hutchings, Senior Associate
The Brattle Group
- Changes in Section VI and VII in the Guidelines, specifically on intangibles and related party services
- Impacts of changes on practitioners
- Impacts of changes on litigators
Justin Kuczmarski, MBA, CPA, CVA, CIRA, ABV, President
NAV Valuation & Advisory LLC
- Intangible Valuation and Value Creation
- Current Events – 4Q 2017 and 1Q 2018
- Corporate Reaction to Tax Reform As It Pertains to Transfer Pricing
Jim Guadiana has extensive experience as tax advisor to a number of public corporations, including corporations listed on various non-U.S. stock exchanges. Jim has served as advisor to public and privately-held multinational companies with regard to their operations and investments in the United States. In recent years, he has served as U.S. tax counsel to one of the world’s largest companies in its pre-IPO reorganization and IPO, as advisor to both developers and investors in connection with U.S. real estate development projects, providing both pre- and post-formation tax planning, and structuring investment vehicles to optimize after-tax returns for foreign investors.
Jim has advised clients on the establishment of transfer pricing policies, assisted clients in implementing cost-sharing arrangements, and has advised clients on the tax aspects of transfers of proprietary technology (including patents). He is often called on to structure multinational executive compensation programs to achieve optimum tax benefits for employers and employees in multiple jurisdictions, and has advised multinational families with regard to their global investments, business activities, and U.S. tax compliance requirements. Jim also has represented clients before U.S. tax agencies and U.S. tax courts.
Jim has presented at various conferences on tax-related matters, and is known domestically and internationally as an expert in recognizing and resolving novel and complex tax issues in domestic and cross-border investments in myriad fields.
Jim Guadiana has extensive experience as tax advisor to a number of public corporations, including corporations listed on various non-U.S. …
Mr. Justin Kuczmarski, MBA, CPA, CVA, CIRA, ABV, CFF, is the President of NAV Valuation & Advisory LLC (“NAV”). Prior to founding NAV, Mr. Kuczmarski served as a NYC Practice Leader in Financial Advisory Services for a top 10 accounting and advisory firm. He also has senior M&A investment banking experience as a Valuation Practice Leader for a leading M&A boutique bank.
In 2016, Mr. Kuczmarski was a recipient of the NACVA 40 Under 40 from the nation's leading valuation association, the National Association of Certified Valuation Analysts (NACVA). Mr. Kuczmarski is the sole author of the 300-page guidebook entitled The Executive’s Guide to Business Valuation: Essentials for Advisors and Business Owners.
Mr. Kuczmarski received a B.A. in Politics from Princeton University. He also received an dual MBA in both Finance and Professional Accountancy from Fordham University's Gabelli School of Business in both Finance and Professional Accountancy, where attended on an academic fellowship in both departments.
Mr. Justin Kuczmarski, MBA, CPA, CVA, CIRA, ABV, CFF, is the President of NAV Valuation & Advisory LLC (“NAV”). Prior …
Mr. Cohen leads case teams to support government, private clients and expert witnesses in complex business litigation. He has extensive experience in finance matters that include landmark decisions on economic substance, structured finance and transfer pricing. On transfer pricing matters, he has been involved in all stages of litigation, from IRS appeals through trial on more than a dozen matters, including many of the seminal United States transfer pricing cases over the past 15 years. These analyses include best method and tested party analyses, as well as industrial organization issues in examining sources of value along the supply chain.
He specializes in valuation, damages and financial modeling across a wide range of industries, including financial services, pharmaceuticals and manufacturing. He is a Chartered Financial Analyst (CFA) with almost two decades of experience in both standard valuation of corporations and assets, and complex valuation of subsidiaries and financial instruments. He provided testimony on behalf of a multinational corporation on bond valuation, and has appeared as a witness in federal district court on behalf of the U.S. Department of Justice and a taxpayer.
Mr. Cohen leads case teams to support government, private clients and expert witnesses in complex business litigation. He has extensive …
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 and experts.
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.
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 securities and tax matters.
Mr. David Hutchings specializes in the economic analysis of complex business transactions. He supports experts, performs statistical analyses, and leads …
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Method Of Presentation:
Experience in tax/transfer pricing law
NY Category of CLE Credit:
Areas of Professional Practice
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About The Brattle Group
The Brattle Group provides consulting and expert testimony in economics, finance, and regulation to corporations, law firms, and governments around the world. Our principals and a broad network of academic and industry experts have been retained by taxpayers and tax authorities worldwide to provide expert testimony and consulting services for the last 25 years.
Brattle has assisted clients at all stages of tax disputes including audit, appeals, settlements, and trial. We supply financial and economic analyses applicable to key judicial doctrines, such as the economic substance, step transaction, and business purpose doctrines, and the arm’s-length principle. In addition, we assist our clients with tax planning, including advance pricing agreements analysis and documentation. We have also advised clients on tax policy issues that have been presented to the White House, the Joint Committee on Taxation, and various governmental agencies.