Main Summit Day 2 - 2024Wednesday, 19 June 2024

Grab your coffee and croissants bright and early and join Inigo Arechabaleta and Pim Stohr of Zanders as they present on best practices in Transfer Pricing for cash pool structures. Along with a current Zanders Transfer Pricing Solution client they will explain:

• Arm's length pricing for deposits and withdrawals within a cash pool;
• Synergy calculation and strategies for distributing these benefits between the cash pool leader and its participants;
• Cash pool leader’s remuneration;
• Client case study: how to automate the compliance process.

The global drive towards tax transparency continues to top the agendas of intergovernmental policy-making organisations, such as the OECD and the European Commission, tax authorities, large corporates and even institutional investors. In this context, corporate transfer pricing arrangements continue to be under intense scrutiny and the introduction of mandatory information disclosures such as public CbCR in the EU, or the new proposed reporting requirements in Australia, will only contribute to establish transparency as the guiding tenet for the responsible tax function. But with greater transparency comes greater risk. This panel will help map-out emerging risks for multinationals associated with public disclosures, consider adequate strategies to satisfy the information needs of multiple stakeholders, and take a look at the role of data management systems in the operationalisation of key transparency requirements.

For many companies, the biggest Transfer Pricing (“TP”) challenges lie in data and technology and having confidence in the underlaying procedures and controls necessary to ensure that TP policy is appropriately implemented. Operational transfer pricing (“OTP”) bridges the gap between Finance, Tax and IT, and enables intercompany transactions and TP policies to be correctly reflected in the financial statements. OTP covers the range of capabilities needed to correctly implement TP policies – from technical TP, legal, governance and organisation, through to process, systems and data enablement. Hear the views from the panel of experts on the practical challenges of operationalising TP polices in real life, how to mobilise the right capabilities and make the right investments to optimise efficiency and effectiveness.

Our brand-new series of quick-fire and thought-provoking 15 minutes presentations is being complemented by this engaging demo session delivered by leading specialists at EY. Prepare to be inspired by new solutions and developments that are already transforming tax operations at some of the world's leading multinational corporations.

In the last few years we have experienced increase pressure over multinational Groups' transfer pricing policies, which has had an immediate effect on double taxation and potential disputes. Additionally, the new international scenario with the implementation of Pillar 2 is creating even more potential double taxation. This situation has had an impact, and will result in an increase, in the number of APA and MAP’s in different countries, as well as in the organisation of Tax Administrations in this area. Join our panel where we will share our experience among different players in the market, as well as Tax Administrations, from a practical perspective.

Although a transfer pricing case is fact specific, there is always something to be learned. In this international field, landmark Court precedents have strong practical value going far beyond the borders of the Court’s jurisdiction. In this session, Loyens & Loeff’s transfer pricing experts will guide you through the lessons learned from the latest leading Case Law within Europe, including global TP trends, focus areas for the tax authorities, take-aways on dispute prevention and management, as well as burden of proof principles.

This panel will explore the global landscape of transfer pricing controversy, including key highlights from recent international court decisions, current developments, and trends in transfer pricing enforcement. The panel will discuss emerging themes in transfer pricing controversy that may lead to disputes in the horizon and possible avenues for preventing or resolving those disputes. Some of the topics that will be covered include Pillar One and Two developments, IP valuation methods and business restructuring trends, as well as common practices when approaching audits from tax authorities with advanced tools and data.

Globally, tax authorities have intensified their tax audits. There is a growing trend towards forensic, whole value-chain focused, ‘show-not-tell’ audits and an increasing exchange of information driven by programmes such as the OECD’s International Compliance Assurance Programme. Against this backdrop, taxpayers should ensure they have a robust and strategic approach to managing their tax risks and responding to challenges. This panel will explore how that can be achieved through the management of audits, including: proactive measures to ensure audit readiness; the importance of co-operative working with tax authorities; strategies to stop information requests ballooning out of control; preparation for providing greater contextual information and levels of detail; and ensuring a structured approach to dialogue and negotiation.

When a multinational decides to move acquired IP to a different tax jurisdiction, an arm’s-length exit charge must be determined. That charge can differ significantly from the value assigned to that IP for financial accounting purposes. In this session our expert panelists will discuss how an arm’s-length exit charge should be determined, considering issues like platform intangibles, remaining useful life, and relief from royalty. The panelists will relate their experience in these situations, discuss their successful valuation approaches, and answer questions from the audience.

With an increasing number of transfer pricing audits and litigation cases in the Financial Transaction Transfer Pricing (FTTP) area around the world in the past few years since the introduction of the Chapter X into the OECD Guidelines, how are taxpayers and tax authorities pricing this type of transactions nowadays? We will discuss our recent experience and takeaways of dealing with transfer pricing audits on FTTP. We will also discuss practical solutions to deal with challenges such as using the volatile interest rate data in different jurisdictions when it comes to pricing intercompany financial transactions.

The interaction of transfer pricing and customs has become a topical issue for many multinationals; we have seen an increase in customs disputes focusing on the interaction between customs values and transfer prices. These disputes can result in substantial costs through e.g. additional duties and penalties. The panel will discuss some of the key issues in this area including examples of best practices and experiences in customs and transfer pricing interaction

The format:
Our brand-new series of quick-fire and thought-provoking 15 minutes presentations by leading industry speakers was conceptualised to inspire and respond to the many requests we receive for more corporate-led presentations to complement our panels format. Short enough to keep you interested. Interesting enough to spark the debate. Not to be missed.

The content:
New global tax legislation and audits trends penalise multinationals whose tax profile and TP policies are not closely aligned with business and commercial realities. The Residual Profit split method based on qualitative and quantitate factors/allocation keys and supported by VCA / Process contribution analysis tends to correct those discrepancies and are increasingly favoured and applied by local tax authorities. The purpose of this short session is to give some highlights based on Olivier's practical experiences if you take that path.