TP_Minds_Americas_2016 Agenda

TP Minds Americas 2016
Pre-Conference Workshops - Monday 22 February 2016
Overview:
With the rapid increase in global transfer pricing documentation
requirements, and in particular those resulting from BEPS Action Plan
13, multinationals are tasked with staying abreast of developments,
complying with increasing documentation and minimizing the impact
of heightened audit activity. Impending country by country reporting
requirements are highlighting systemic challenges in the way many
companies' IT systems and accounting/reporting processes have been
configured - and in particular the lack of sensitization for direct taxes
and local statutory reporting. And from a policy perspective, ensuring
alignment between masterfile, local file, and CbCR is placing
unprecedented burdens on in-house TP resources. Many businesses
are assessing if their current documentation approach is ‘fit for
purpose’. This interactive and practical session will discuss the
emerging documentation requirements around the world, the
expected challenges under revised chapter V, and approaches being
taken by peer organizations to address these increased requirements,
including automation opportunities for data collection, and alignment
with other tax reporting processes.
Agenda:
How to practically manage the documentation process under
the new environment
Technology solutions to improve efficiency and reduce risk in
CbC reporting processes, and aligning with other tax
reporting (e.g. 5471s)
Assessing your current documentation approach against
current and future requirements
Removing unnecessary steps and duplication
Latest country updates, including likely adoption of CbC,
Master File and Local File
TP Documentation and CbCR
(08:30 Registration, 09:00 - 11:30 Workshop)
Matias Pedevilla,
Transfer Pricing Global Coordinated
Documentation Leader,
PwC
David Nickson,
Principal,
PwC
Overview:
The future of value chain planning is @ RISK! Political pressure, on-
going economic crises and BEPS are not just trying to put a break on
artificial tax planning, but also commercial creativity and the natural
evolution of the supply chain. The new generations have already
embraced the evolution of the value chain (e.g. mobile world, data, 3D
printing, etc.), but are Transfer Pricing rules and models ready?
Evolution cannot (and should not) be stopped, so how can businesses
make sure they don't miss out on the evolution train without
triggering unnecessary tax and Transfer Pricing risk? This session will
explore these and many other critical issues.
Agenda:
The new exciting technologies that are revolutionizing the
value chain (e.g. mobile life, big data, 3D printing, etc.)
How the existing Transfer Pricing regulations and model will
be affected
Value Chain Planning – Valuing Risk & Opportunities in the Context
of the New Links that are Revolutionising How Businesses Run
(11:30 - 14:00, Lunch Included)
Fabrizio Lolliri,
Global Head of Transfer Pricing,
HOGAN LOVELLS
+44 (0) 20 7017 7790 www.ibc-events.com/TPAmericas kmregistration@informa.com

8:30 - 8:55
Latest TP Policy Developments
How to value the risk when implementing supply chain
planning for the future
How to make Transfer Pricing more relevant for the business
(from compliance to true commercial planning)
What is the refocused role of the TP professional?
A practical example, where you will be learning how financial
and risk modelling can be used to test the robustness of your
Transfer Pricing and value chain structure for the future
Overview:
Despite recent guidance under the Base Erosion and Profit Shifting
(“BEPS”) initiative, multinational corporations (“MNC’s”) are largely
on their own when it comes to determining acceptable capital
structures for their subsidiaries and accompanying interest
deductions and guarantee fees associated with such structures. In the
US, the existence of relatively large, foreign-controlled subsidiaries,
coupled with significant differences in national marginal tax rates,
creates a high-stakes environment for disagreement. Led by Global
Economic Advisors and Economics Partners, this workshop will
address the challenges associated with properly structuring, pricing
and documenting inter-company debt arrangements, as well as
demonstrate practical steps companies can take to insure they follow
best practices and remain in compliance with regulatory intent.
Agenda:
• Review of Thin Cap Regulations
• Defining the “Stand Alone” Entity
• Explicit vs Implicit Support
• Impact of BEPS Initiative (Action 4) on Interest Deductions
• Developing a Defensible Financial Policy
• Quantifying Qualitative Aspects of a Business
• Calculating Appropriate Financial Metrics
• Comparable Industry and Credit Rating Analysis
• Developing an Implied Credit Profile
• Pricing to Appropriate Benchmarks
• Documentation Including Covenants
• Sources of Comparable Rating and Pricing Data
• Approaches to Analyzing Rating and Pricing Data
• Credit and Pricing Case Studies
Transfer Pricing of Intercompany Financial Arrangements
(14:30 - 17:00)
Dr Tim Reichert,
President,
ECONOMICS PARTNERS
Gregory Johnson,
Managing Director,
GLOBAL CAPITAL ADVISORS
Bob Weiss,
Managing Director,
GLOBAL CAPITAL ADVISORS
Day 1 - Main Summit - Tuesday 23 February 2016
Registration
8:55 - 9:00
Chair's Opening Remarks
Horacio Pena,
U.S. & Americas Transfer Pricing Leader,
PwC
9:00 - 9:40
Mayra Lucas, Senior Transfer Pricing Policy Advisor at the OECD, sits
down with Horacio Pena of PwC for an on-stage interview, which
promises to inform and entertain in equal measure. Hear Mayra's
insights on the final BEPS reports for 2015 and the conclusions
On-stage Interview
In Conversation with the OECD
Mayra Lucas,
Transfer Pricing Advisor,
OECD

10:40 - 11:00
reached in key areas such as risk, recharacterisation, capital, and
special measures. This will also be an opportunity to directly quiz the
OECD on their pipeline and delivery targets for 2016 and 2017, so you
can prepare for the challenges ahead.
Horacio Pena,
U.S. & Americas Transfer Pricing Leader,
PwC
9:40 - 10:40
• Master file and country-by-country reporting
• Transfer pricing aspects of intangibles and risks
• The future of the arm’s length principle
• Consensus and controversy
• U.S. implementation of BEPS changes
• Developing country transfer pricing developments
• How business should respond to the new rules and evolving
environment
Policy Makers Panel
Global Transfer Pricing Policy Developments (Part I)
Mayra Lucas,
Transfer Pricing Advisor,
OECD
Michael McDonald,
Financial Economist, Office of Tax Policy,
UNITED STATES TREASURY
Michael Lennard,
Chief, International Tax Cooperation; Financing
for Development Office,
UNITED NATIONS
Alberto Barreix,
Fiscal Principal Technical Leader,
INTER-AMERICAN DEVELOPMENT BANK
Jan Loeprick,
PSD Specialist,
WORLD BANK GROUP
David Ernick,
Principal,
PwC
Morning Coffee
11:00 - 11:50
Current technical and practical issues facing tax authorities
Approaches to setting transfer pricing policy in a changing
economic environment
Practical insights into MAP and APAs
How are cases for enquiry, audit and litigation selected?
Transfer pricing aspects of the BEPS project
Impact of EU State Aid Controversies
Tax Administrations Session
Global Transfer Pricing Policy Developments (Part II)
Carlos Perez-Gomez,
Director of Transfer Pricing Examinations,
MEXICO TAX ADMINISTRATION SERVICE
(SAT)
Enrique Pintado,
National Intendant of the National Legal
Intendency,
PERU TAX ADMINISTRATION (SUNAT)
David Ernick,
Principal,
PwC
Juan Ricardo Ortega,
Director,
INTER-AMERICAN DEVELOPMENT BANK

Documentation, Country by Country Reporting & The Transparency Debate
1:05 - 2:20
Managing Risk and Handling Complex TP Audits
11:50 - 12:15
This session will feature best practices for multinational enterprises
managing transfer pricing risk in a post BEPS & CbCR environment. It
will offer insights into how to evaluate, quantify, and track risks. The
session will also offer insights into what multinationals might expect in
a post-BEPS environment and how they can prepare for it. Lastly, this
session will also emphasize the importance of documentation and how
it can be used as a risk mitigation tool.
Industry Case Study
Managing Transfer Pricing Risk after BEPS & CbCR
Kim Mancini,
Senior Manager Global Transfer Pricing,
GENERAL MOTORS
12:15 - 1:05
Can multinationals cope with the additional documentation
and reporting requirements?
Global value chain transparency
Impact on planning structures as they relate to intangibles
Emerging consensus and timing of adoption
Pressures on competent authorities to address risk of double
taxation
Industry Panel
Country by Country Reporting and other Action 13 Reporting
Requirements - Strategy For Coping
Kathryn O'Brien,
Principal, Transfer Pricing,
PwC
Sameer Chaudhary,
Transfer Pricing Director,
HEWLETT PACKARD, INC.
Dr Fumiko Tamura,
Director, Transfer Pricing,
NEWS CORPORATION
Dr Segun Oladunjoye ,
Transfer Pricing Senior Manager,
WEATHERFORD
Claire Walters,
TYCO
Luis Carrillo,
BUREAU VAN DIJK
Lunch
2:20 - 3:00
Managing lengthy, and in some cases complex multi-jurisdictional
audits, is one of the core responsibilities of heads of transfer pricing.
This industry panel will share critical insights, and inspire you with
war stories. Topics under review include:
Assessing potential TP risk
Pre-audit best practice and due diligence
Implementing a controversy minimisation strategy
Developing and maintaining relationships with tax authorities
Strategic information management and disclosure
Industry Panel
Successfully Managing TP Audits
Jeffrey Timmers,
Senior Global Tax Director,
CROCS
Lana Natalchenko,
Transfer Pricing & Global Tax Structuring
Director,
MEAD JOHNSON NUTRITION

3:40 - 3:55
Post-audit best practice
Practical advice from industry
Patrick Dervin,
Sr. Director - Global Transfer Pricing,
AON
Nicole Williams,
Global Transfer Pricing Manager ,
CELANESE
Juan Carlos Ceballos,
Head of Transfer Pricing,
THERMO FISHER
Mike Danilack,
Principal, Transfer Pricing ,
PwC
3:00 - 3:40
Role of APAs post-BEPS: dispute resolution or advance
certainty
Insights into individual country APA programs
Developing a global APA strategy
Techniques for successfully obtaining and reducing APA
processing times
Industry Panel
Seeking and Obtaining Certainty Through APAs - Latest
Developments
Graeme Wood,
Head of Global Transfer Pricing,
PROCTER & GAMBLE
Jay Urquidi,
Assistant Director, Global Transfer Pricing,
MARSH & MCLENNAN
Scott Campbell,
Global TP Manager,
FMC TECHNOLOGIES
George Georgiev,
Senior Director; Transfer Pricing & Economic
Analyses,
SIEMENS CORPORATION
Kirsten Burmester,
Member,
CAPLIN & DRYSDALE
Afternoon Coffee
3:55 - 4:35
This Action is a key element of the BEPS project, and one that has
potentially far-reaching consequences for both businesses and
governments. Industry speakers discuss critical issues in relation to
the existence of PEs, how this can be determined and much more
besides.
Industry Panel
Permanent Establishments - BEPS Action 7
Katherine Amos,
VP TP Strategy,
EATON
Christopher Eichner,
Director International Tax - Transfer Pricing,
MONSANTO COMPANY

Transfer Pricing in Practice (Case Studies & Operational TP Issues)
5:45 - 5:50 5:45 - 5:50
Humberto Reboredo,
Head of Tax, Americas and Global Head of
Transfer Pricing,
CREDIT SUISSE
Jay Urquidi,
MARSH & MCLENNAN
Sergio Luis Pérez Cruz,
Partner,
PwC Mexico
4:35 - 5:10
Background to Spotify
Digital Economy and Intangibles
To split or not split - the power of the functional analysis
Walking through the model - road of iterations
Execution, funding and filings
Home Safe??
Questions
Industry Case Study
Profit Splits - Taking the Journey
Elias Thomas,
Tax & Transfer Pricing,
SPOTIFY
5:10 - 5:45
Why should my MNC be concerned about BEPS and Country-
by-Country reporting regulations?
How are MNC’s preparing for the new regulations: results
from the Thomson Reuters BEPS Survey
How to build a BEPS compliance strategy?
How can technology assist with BEPS compliance?
Case study of a MNC implementing country-by-country
reporting processes and technology
New BEPS Regulations and Country-by-Country Reporting –
Practical Steps to Compliance
Sharon A. Rosiak,
Tax Manager - International Tax BEPS Action
Plans Implementation Lead,
DUPONT DE NEMOURS & CO.
Sam Cicogna,
VP and Head of ONESOURCE Transfer Pricing,
THOMSON REUTERS
Closing Remarks Drinks Reception
Chair's Closing Remarks & End of Day 1 Drinks Reception
Day 2 - Main Summit - Wednesday 24 February 2016
8:00 - 8:40
Attend this pre-conference breakfast briefing session to gain an in-
depth understanding of the importance of royalty rates in
determining:
The upfront (platform) value of intangibles in cost sharing
arrangements
The projected value of intangibles to be transferred in inter-
group corporate reorganizations
BREAKFAST BRIEFING
How Royalty Rates are Important for Intangible Migration
Strategies
Ednaldo Silva,
Managing Director,
ROYALTYSTAT

8:40 - 9:00
Global TP Challenges
10:55 - 11:15
The arm’s length royalty rates for the inter-group licensing (in
which the licensor retains substantial rights) of intangibles
How royalty rates are an important alternative to profit split
methods in which both the licensor and licensee are subject
to audit.
...and much more besides
Registration & Start of Day 2
9:00 - 9:30
An update on China’s new TP regulation (revision of Circular
2)
China’s localization plan on BEPS
Impact on taxpayers
Practical advice to MNEs operating in China
Industry Case Study
China's New Transfer Pricing Rules - The Shape of Things to Come
Li Ying,
SIEMENS
9:30 - 10:10
What is the tax authorities’ response to BEPS in developing
countries?
Impact of BEPS in some Latin American countries
How will Action 13 help developing countries?
BEPS Future expectations
Thought Leadership Session
BEPS in Emerging Economies: Focus on Latin America
Diana Mogollón,
Partner,
BASE FIRMA
Francisco Moreira,
Partner,
CASTRO, BARROS, SOBRAL, GOMES
ADVOGADOS
10:10 - 10:55
OECD TP Guidelines as a Transmission mechanism to non-
OECD countries
Management and services fee - Base erosive?
Customs and transfer pricing
Advance pricing agreements
The dispute resolution environment & practical advice on
settlements
Getting the average field officer to understand BEPS - a vision
beyond 2020?
Better BEPS together than GAAR separately - The global tax
‘technology transfer’
Industry Panel
The Wider TP Landscape - Challenges Across BRICS, APAC and
Africa
Toon Mols,
Sr. Director Global Tax,
SUNEDISON, INC.
Kim Mancini,
Senior Manager Global Transfer Pricing,
GENERAL MOTORS
Li Ying,
SIEMENS
Harm Oortwijn,
International Tax Director,
PARAMOUNT PICTURES
Dr Daniel Erasmus,
Director,
TRM DANIEL ERASMUS TAX COURT
PRACTITIONERS
Morning Coffee

Economic Substance, Intangibles & Comparability
12:40 - 1:50
Transfer Pricing Controversy & Dispute Resolution
11:15 - 11:55
Why is it such a pain when implementing IP planning?
Will the OECD make other tax authorities happy by
introducing benefit of hindsight everywhere else?
Pressure points when dealing IP planning in the US
Merits of benefit of hindsight when dealing with hard to value
intangibles and new IP
Current cases
An industry perspective
The US and its Commensurate with Income Rules – An example to
follow, or a mistake not to be repeated?
Fabrizio Lolliri,
HOGAN LOVELLS
Todd Miller,
Partner,
HOGAN LOVELLS US
Diane Gardner,
Chief Tax Officer,
KODAK ALARIS
11:55 - 12:40
Will consensus ever be achieved on intangibles?
Hard to value intangibles - the evolving definition of
intangible assets
IP valuation challenges
Regulatory licenses and marketing authorizations
The increasing importance of people functions
New approaches for measuring location saving advantages
IP planning techniques in the BEPS environment
Comparability challenges
Industry Panel
Hard to Value Intangibles and Comparability Challenges
Eduardo Goldszal,
NCR CORPORATION
Ognian Stoichkov,
Global Transfer Pricing Director,
PEPSICO
Elias Thomas,
Tax & Transfer Pricing,
SPOTIFY
Dr Tim Reichert,
President,
ECONOMICS PARTNERS
George Georgiev,
Senior Director; Transfer Pricing & Economic
Analyses,
SIEMENS CORPORATION
Lunch
1:50 - 2:35
US approach vs. OECD approach –Intangibles, non-routine
contributions, the role of Capital and functions in Profit Splits
Alternative considerations? Integrated businesses, synergies
and other circumstances
HTVI adjustments and considerations – imposing contingent
arrangements
The road from here?
Post BEPs Profit Splits – Where Are We Now?
Jill Weise,
Managing Director,
DUFF & PHELPS
Mark Bronson,
Managing Director,
DUFF & PHELPS

3:55 - 4:10
Intragroup Financing & Services
2:35 - 3:05
Latest developments on Mutual Agreement Procedures
Arbitration and Alternative Dispute Resolution in bilateral,
EU and multilateral tax agreements
Future trends and foreseeable developments in global
disputes
Key takeaways for multinationals
Transfer Pricing Cross Border Resolution Mechanisms
Harm Oortwijn,
International Tax Director,
PARAMOUNT PICTURES
3:05 - 3:55
The BEPS multilateral instrument – evolution as a tool for
dispute resolution
Response to OECD Action Point #14 - Dispute Resolution
the future of mandatory binding arbitration
IRS use of private law firms in tax audits and litigation
Practical impact of IRS threat to “designate case for litigation”
Unique challenges of multi-jurisdictional cases
Industry Panel
Transfer Pricing Controversy and ADR
Clark Armitage,
Member,
CAPLIN & DRYSDALE
Todd Bergmann,
Manager, Global Transfer Pricing Controversies,
FORD MOTOR COMPANY
Bradley Shumaker,
Tax Counsel, Transfer Pricing,
ZIMMER BIOMET
Mike Danilack,
Principal, Transfer Pricing ,
PwC
Michael Cartusciello,
Executive Director, Global Transfer Pricing,
JP MORGAN
Afternoon Coffee
4:10 - 4:50
• Approaches to credit rating
• Implicit support
• Interest rate benchmarking
• Cash pooling
• Financial guarantees
• Performance guarantees
• Thin capitalization
• Other treasury functions
• Treasury manuals
Industry Panel
Transfer Pricing Aspects of Financial Transactions
Brad Rolph,
Canada National Practice Leader; Transfer
Pricing,
GRANT THORNTON
Niraja Srinivasan,
Executive Director, Tax,
DELL
Scott Campbell,
Global TP Manager,
FMC TECHNOLOGIES
Humberto Reboredo,
Head of Tax, Americas and Global Head of
Transfer Pricing,
CREDIT SUISSE

4:50 - 5:35
BEPS discussion draft on Action 10 – Low value adding
services
Low or high value? How to identify routine versus non-
routine services
Contract R&D – Low value or high value in the context of IP
ownership?
Effects of Action 10 on management fees. Mark-up versus
allocation.
How will tax authorities react to Action 10? How to identify
potential risk on low value adding services
OECD guidance vis-a-vis IRS regulations
Industry Panel
Low Value-Adding Intragroup Services
Dr Fumiko Tamura,
NEWS CORPORATION
Al Heber,
CNH INDUSTRIAL
Jay Urquidi,
MARSH & MCLENNAN
Sarah Tat,
AVP, Int'l & Transfer Pricing, Corporate Tax ,
MANULIFE
Fabrizio Lolliri,
HOGAN LOVELLS
5:35 - 5:40
Closing Remarks
Post-Conference Workshops - Thursday 25 February 2016
Overview:
The release of the final BEPS reports on 5 October 2015 has triggered
the need for international groups to review their tax risk management
strategies, especially with respect to their strategies to manage and
minimize the exposure to transfer pricing disputes that are likely to
increase in many different countries. This advanced strategy to
handling transfer pricing disputes entails the necessity to overcome
the 7 habitual mistakes international groups tend to make managing
and preparing for the inevitable transfer pricing audits that will take
place. This is followed by the necessary steps in managing and
controlling a transfer pricing audit to minimize risk exposure, with the
various dispute resolution remedies available to international groups,
in a structured and co-ordinated manner. Action 14 of the final BEPS
reports written to make dispute resolution mechanisms more
effective will be addressed in a practical manner in the advanced
dispute resolution process. Action 15 on the multilateral instrument
envisaged will also be considered.
Agenda
Managing and minimizing TP tax risks
Common mistakes made by international groups
Tax Administration
- Constitutional & administrative law considerations
- The Tax Administration Framework
- Audit procedure administration
- Domestic TP legislation
- TP guidance and regulations
- International guidance as soft law or international law
Technical Considerations
- Marketing intangibles as an example
Advanced TP Dispute Resolution Strategies
(08:30 Registration - 09:00 - 11:30 Workshop)
Dr Daniel Erasmus,
Director,
TRM DANIEL ERASMUS TAX COURT
PRACTITIONERS

- Applicable principles & case law
APAs, MAPs and other dispute resolution remedies
- How to manage settlements
- APAs
Overview:
Two key outcomes of BEPS are increased information requirements
for multinational enterprises (MNEs), and increased uncertainty
about how countries will apply transfer pricing rules. On the
information front, tax administrations will have more immediate
access to company information (through the Master File et al), and are
sharing more information. On the substantive front, with the US
claiming victory in BEPS, and India claiming vindication, substantive
disagreement certainly remains (particularly as to risk allocation). In
this environment, an appropriate next step may be to consider
Advance Pricing Agreements (“APAs”) to gain acceptance of transfer
pricing platforms. In the US, the Advance Pricing and Mutual
Agreement Program (“APMA”) has published new rules governing the
APA application process (Rev. Proc. 2015-41). Those rules, like the
BEPS reports, generally require more information up front. This
workshop will highlight how to navigate the US APA process in light of
these changes. The presenters will discuss the importance of
documenting and defending risk allocations, and providing meaningful
data to support transfer pricing outcomes. We’ll share other
experiences on best practices, and provide practical advice on how to
navigate the system effectively.
Agenda:
Considering the trade-off between tax certainty, risk and
optimization
Options, procedures, and strategies relating to APA
submissions
Unilateral versus bilateral versus multilateral agreements
Retaining control and managing the APA process
Practical examples
Using APAs to Mitigate Risk and Disputes in the Age of BEPS
(11:30 -14:00, Lunch Included)
Clark Armitage,
Member,
CAPLIN & DRYSDALE
Kirsten Burmester,
Member,
CAPLIN & DRYSDALE
Overview:
Tax authorities around the world are adopting a more aggressive
approach to inter-company transactions. As a consequence,
businesses face increased regulation and an unprecedented level of
audit activity. Tax authorities have intensified their scrutiny and
multinational’s tax strategy has become of public interest with the
focus on corporations ‘paying their fair share’. Tax strategy will be
tightly tied to corporate reputation and media communications will
play a significant role in the future. The final deliverables on the
Organization for Economic Cooperation and Development (OECD)
action plan for Base Erosion and Profit Shifting (‘BEPS’) project call will
call for actions by individual jurisdictions designed to address BEPS.
Many businesses are reviewing their current tax strategies in light of
the latest developments in the international tax landscape. These
businesses see the benefit of taking proactive steps to identify areas
of risk and put in place planning strategies that will be sustainable for
the long run.
Agenda:
The OECD BEPS action plan and their recent final
deliverables.
BEPS Risk Assessment in a Changing Tax World
(14:30 - 17:00)
Sergio Luis Pérez Cruz,
Partner,
PwC Mexico

CbC reporting: The Mexican regulations
Audit Risk and tax Disputes: Best practices
What is a BEPS-focused strategic risk assessment?

TP_Minds_Americas_2016 Agenda

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