How to prepare for increased transfer pricing enforcement

Kerwin Chung

Kerwin specializes in representing US and foreign-based clients across nearly every industry in advance pricing agreement (APA) and mutual agreement procedure (MAP) cases. He has represented US taxpayers before the Internal Revenue Service (IRS) in bilateral APA and MAP cases with tax authorities in 22 countries in the Americas, Europe, and Asia. Kerwin has been included in Euromoney’s Guide to the World’s Leading Transfer Pricing Advisers since 2002 and in International Tax Review’s Tax Controversy Leaders since 2015. He is an active member of the American Bar Association Tax Section Transfer Pricing Committee, having moderated a panel on transfer pricing down economy issues in 2009 and presented on a panel discussing the IRS APA program in 2011. Kerwin holds a BBA in accounting and real estate from University of Hawaii and a JD cum laude from Harvard Law School.

Joe Tobin

Joe specializes in transfer pricing controversy and transfer pricing planning, particularly with regard to cost-sharing arrangements. He focuses on clients from intangible-centric industries such as the high-technology industry and the biopharmaceutical industry. Prior to joining Deloitte, Joe held several positions at the Internal Revenue Service (IRS) Office of Chief Counsel (International) Branch 6 (Transfer Pricing) including senior counsel and docket attorney. While there, Joe drafted Treas. Reg. §1.482-7 (2011) Final Cost Sharing Regulations and Treas. Reg. §1.482-7 (2013) Final Cost Sharing Regulations. He was also the reviewer for several high-profile transfer pricing cases and advised the IRS on many transfer pricing audits that went to IRS Appeals. Joe is a frequent speaker at events organized by Deloitte, American Bar Association, Tax Executives Institute, and National Association for Business Economics. He helped draft comments on the Organization for Economic Cooperation and Development’s 2015 Discussion Draft on Cost Contribution Arrangements and on Notice 2015-54 and the IRC section 367 temporary regulations and IRC section 482 temporary regulations (2015) for United States Council on International Business. He has co-authored articles that have appeared in Transfer Pricing Report and Tax Management International Journal, as well as the Matthew Bender & Company treatise Practical Guide to US Transfer Pricing. Joe holds a BA in political science and philosophy from Reed College, a JD from University of Virginia School of Law, and an LLM in taxation from New York University School of Law.