Critical Issue Alert: Demystifying Transfer Pricing for Corporate Lawyers
WEB212N07: You need to understand the potential impact of transfer pricing in major commercial transactions. Join our expert panel as they demystify transfer pricing by clearly breaking down the law. Explore why lawyers need to be engaged from the start in all major commercial transactions, how important legal concepts like legal professional privilege and the onus of proof work in the context of intensive regulatory scrutiny, and the reputation and financial risks when transfer pricing issues emerge.
Description
Attend and earn 1 CPD unit in Substantive Law
This program is applicable to practitioners from all States & Territories
This must attend session will provide you with a new level of insight on these significant and complex issues regarding transfer pricing issues in relation to all major commercial transactions
- Getting it right up front
- Understanding the arm’s length principle
- Importance of good documentation and information gathering
- Importance of internal governance
- Understanding what is/what is not privileged/reversal of onus of proof
- Understanding high level of risk involved
- Significant amounts of money
- Time and costs of audits
- Very intrusive ATO information inquiries going to heart of whole company globally
- Reputational risks
- Unfavourable financial
- Fact patterns that go back years
- Departure of key personnel
- Understanding what Tax Act provisions are in play
- Understanding that judicial opinions can be nuanced
- Practical cases studies, including APAs and MAP cases
- The real world and dearth of comparable data
- Safe harbours and BEPS
Presented by Chris Kinsella, Consultant, MinterEllison; Dr Niv Tadmore, Partner, Jones Day; Leslie Prescott-Haar, Partner/Managing Director, Nuwaru/TP EQuilibrium
Presenters
Chris Kinsella, Consultant, MinterEllison
Chris has over 30 years' experience consulting to leading Australian corporates and financial institutions in relation to Australian income tax matters. Chris commenced his career providing front end tax advice and then transitioned to a focus on tax audits and disputes. He has advised numerous clients on their tax reviews and audits and has represented the Commissioner of Taxation in some important tax disputes. Recent leading tax cases that Chris has been involved with include Resource Capital Fund IV & V v FCT (a case concerning double tax treaty interpretation and valuation issues) and Chevron Australia Holdings Pty Ltd v FCT (a case concerning transfer pricing and intra-group cross border loans).
Dr Niv Tadmore, Partner, Jones Day
Dr Niv Tadmore is a tax partner at Jones Day. He has a long-standing practice focused on tax disputes, international taxation, transfer pricing, M&A and anti-avoidance measures. His practice focuses on multi-nationals in the areas of energy & resources, technology and digital commerce, pharmaceutical and infrastructure. Niv has served as a member of key ATO and Treasury committees. He is a Global Vice President of the International Fiscal Association and President of the Australian Branch and is also a member of the New York University ITP Practice Council and the Melbourne University Tax Group Advisory Board.
Leslie Prescott-Haar, Partner/Managing Director Nuwaru/TP Equilibrium
Leslie is responsible for the Australia and New Zealand transfer pricing practice of Nuwaru. She has over 25 years of specialised transfer pricing experience and expertise based in Australia and New Zealand, working with the world’s and this region’s major multi-national groups, and a further 10 years of corporate taxation experience in Big 4 practices specializing in mergers, acquisitions, bankruptcies and reorganizations based in the United States (New York City and Chicago). Leslie has been operating TP EQuilibrium | AustralAsia LP (formerly, Ceteris New Zealand) since early 2010. TPEQ has been recognised as a top tier TP firm in Australia and New Zealand for the last 7 years (International Tax Review’s World Transfer Pricing 2015 to 2021). Prior to this, Leslie commenced the previous market-leading transfer pricing practice of Ernst & Young New Zealand, and served as a Partner and the National Leader of the practice for a number of years.