Dbriefs Library

Explore archived webcasts

Webcasts archived in the last 6 months can be accessed on this page

Webcasts archived in the last 6 months can be accessed on this page. For a complete program schedule and topic information on upcoming webcasts, select the Program Guide.



Special Edition - Customs & Global Trade
China's tariffs on US origin goods: Emerging global challenges

18 September 2018
Host: Sarah Chin
Presenter: Robert Olson and Dolly Zhang

The global trade environment continues to provide uncertainty with the recent introduction of multiple new tariffs by the US, China, and their trading partners. The US has announced duties in retaliation for intellectual property issues, and China quickly responded with new tariffs of its own on a matching value of US imports into China. Both sides are saying that more tariffs will be forthcoming. With no high-level talks currently scheduled, these new tariffs appear likely to be with us for a long time. With both sides continuing to add additional tariffs, global traders are unsure of what their duty cost structure will look like in the future and how to plan their business. We'll discuss:

  • An overview of factors driving the new tariffs.
  • Potential global supply chain strategies and tax issues.
  • The way forward.

Join us as we discuss the important developments concerning these new tariffs and how they may affect your organization.

M&A Tax
Common tax due diligence, structuring, and post deal tax compliance challenges on acquisitions of B2C businesses

11 September 2018
Host: Amrish Shah
Presenters: Robert Tsang and Janet Zhang

B2C businesses – as one of many different digital economy forms, has its own unique features. The sector poses big challenges in tax administration, especially in relation to indirect taxes like VAT and GST. Any acquisitions of B2C businesses would inevitably face tax due diligence issues. How to structure the deal and ensure its tax compliance post transaction? Are there any underlying indirect tax risks? How do we manage VAT/GST costs effectively? We'll discuss:

  • An overview of deal structures and tax impacts on the tax administration.
  • Practical case studies.
  • Gazing into the crystal ball – implications on the future landscape.

Gain a better understanding of emerging tax issues for B2C businesses and learn how you might mitigate challenges in the coming years.

International Tax
Principal Purposes Test (BEPS Action 6): Making sense of the rule and drawing lessons from the case studies discussed in the deliverable (Part 2)

6 September 2018
Host: Leonard Khaw
Presenters: Sunil Shah, Hooi Beng Tan, and Julie Zhang

Action 6 of the BEPS Action Plan identified treaty abuse, and in particular treaty shopping, as one of the most important sources of BEPS concerns. One of its key measures is the introduction of a general anti-abuse rule based on the principal purposes of transactions or arrangements (the principal purposes test or "PPT" rule) for inclusion in the OECD Model Tax Convention, and by way of the Multilateral Instrument (MLI) its effective inclusion in tax treaties already concluded by all participants in the BEPS Inclusive Framework. In part 2 of this webcast, we'll continue to discuss:

  • Selected case studies discussed in the BEPS Action 6 Deliverable.
  • Principles that may be drawn from the discussion of those cases in the deliverable.
  • Comments and insights concerning the application of such principles to commonly encountered business models.
  • Taxpayer reaction to the introduction of the PPT rule.

Stay updated concerning the impact of the introduction of the PPT rule to commonly used business models.

China Spotlight
China tax update: Upcoming insights, challenges, and opportunities

4 September 2018
Host: Li Qun Gao
Presenters: Lynch Jiang and Victor Li

In this session, we will provide an update on the latest and important developments in Chinese tax policy and practices. In the international tax arena, there are a few important regulations that were promulgated. In regard to indirect tax, VAT rates were reduced and the threshold for small-scale taxpayers was unified. We will also review the post BEPS transfers pricing rules and practices in China. We'll discuss:

  • Bulletin 37 which provides guidance on the administration of Enterprise Income Tax (EIT) withheld on China-source income derived by Non-Resident Enterprises (NREs).
  • Bulletin 9 which clarifies certain rules regulating Beneficial Owners (BOs).
  • Circular 88 which allows deferral of Withholding Tax (WHT) on dividends paid to foreign investors and reinvested in China.
  • Challenges and implications on the VAT rates.
  • Lessons learned from the implementation of three-layer Transfer Pricing (TP) documentation, the latest trend of TP audits, and how to manage TP risks.

Join us in this session as we learn more about the updates in China and how they may affect your organization.

Global Mobility, Talent & Rewards
Post tax season update in Asia Pacific: Evolving trends in tax collection by tax offices and audit focus areas

30 August 2018
Host: Russell Bird
Presenters: Michele Chao, Homi Mistry, Kenneth Peh, and Paul Rubinstein

To many people and organizations, tax filing is a regular form-filling exercise and often a repeat of prior year filing. It worked at the time when status-quo was the norm, but now this would pose a number of risks in this rapidly evolving era, especially as tax authorities digitize and leverage mobility information collated from variant sources. Filing positions also become obsolete over time, and incorrect approaches are being inherited. The recent changes to the global tax framework fuelled by the BEPS initiatives will impact the way businesses are structured and further how employees are deployed. We'll discuss:

  • How tax authorities are stepping up their activities in securing tax revenue.
  • The focus areas where our clients have experienced heightened challenges.
  • Technology solutions introduced by tax authorities that not only improve process efficiency, but also enhance scrutiny of income reporting.
  • How you should think about mobility tax when facing either a business or deployment structure change.

Join us to learn about the changes we observed over the past tax season and what it means to your organization in mitigating tax risks.

Transfer Pricing
Transfer pricing and permanent establishment: Insights on new guidance

28 August 2018
Host: Cam Smith
Presenters: Mark Carlton, Rohinton Sidhwa, and Manu Sriskantharajah

The concept of permanent establishment (PE) and of digital PEs relies heavily on transfer pricing concepts in one of the most controversial areas of international tax. In this session, we will review the transfer pricing aspects of these recent developments, along with legal and economic insights on potential implications and considerations for taxpayers. We'll discuss:

  • The OECD's recently issued updated guidance on the attribution of profits to PEs.
  • The EC and individual countries' proposals on the taxation of digital PEs, and resulting legal and technical challenges.
  • Perspectives on the OECD's recently issued interim report on taxation of the digital economy in the context of digital PEs.

Join us as we discuss the number of changes to the PE landscape in recent months and how taxpayers may prepare themselves for the coming changes.

Special Edition - Transfer Pricing
A perspective on the OECD discussion draft on the transfer pricing aspects of financial transactions

21 August 2018
Host: Ockie Olivier
Presenter: Samuel Gordon, Benjamin Tausig, and Michael Jenkins (external speaker)

Under the mandate of the report on BEPS Action 8 to 10 (Aligning Transfer Pricing Outcomes with Value Creation), the OECD produced a non-consensus discussion draft on the transfer pricing aspect of financial transactions on 3 July. The major areas covered by the draft include the delineation of financial transactions (including determinations of whether intra-group loans should be treated as debt or equity), treasury functions (including intra-group loans and cash pooling), guarantees, and captive insurance. We'll discuss:

  • The potential implication of the non-consensus discussion draft and the main guidance of each area covered in the draft.
  • How the draft compares to major cases and approaches applied to intercompany finance transactions and captive insurance.
  • The potential implications for how MNCs plan intercompany financing and manage transfer pricing risk associated with intercompany financing.
  • The potential implications for captive insurance entities and structures given the guidance contained in the discussion draft.

Learn more as we discuss the key points that taxpayers should be aware of when addressing intercompany financial transactions in light of guidance in the draft.

Transfer Pricing
Hong Kong's new transfer pricing regime: Adapting to global standards

16 August 2018
*Due to a significant amount of content, the webcast has been extended to 70 minutes.*
Host: Leonard Khaw
Presenters: Petrina Chang, Karen Shi, and Victor Zhang

Transfer pricing is a subject of increasing importance for multinationals with significant related party transactions, as jurisdictions across the globe continue to enact new regulations to implement recommendations of the OECD's project to address BEPS. In December 2017, the HKSAR Government released the long-awaited draft amendment bill which, when enacted, will implement a number of measures to address BEPS in Hong Kong. The draft amendment bill attracted attention and commentary from industry and trade bodies, and in response, the Government has made several rounds of changes to the bill, and released a final draft. The law is expected to be finalized in summer 2018. In this session, it will be useful for companies seeking to understand the key legislative measures that have been enacted, how taxpayers should prepare for the new compliance requirements. We'll discuss:

  • Transfer pricing rules and the powers of the Inland Revenue Department to make adjustments to non-arm's length transactions.
  • Advance pricing arrangements (APA).
  • Three-tier transfer pricing documentation requirements.
  • Exclusion of "specified domestic transactions" from transfer pricing rules and local file preparation.
  • Mechanics for making claims for relief from double taxation.
  • The adoption of the authorized OECD approach for the attribution of income to permanent establishments.

Learn more as we discuss the potential impact of the new law in respect of longstanding arrangements and practice adopted by Hong Kong taxpayers.

Special Edition - Indirect Tax
The return of Sales and Service Tax (SST) in Malaysia

10 August 2018
Host: Senthuran Elalingam
Presenter: Eng Yew Tan

On 1 September 2018, the SST will recommence in Malaysia, and Malaysia’s brief flirtation with GST/VAT will finally come to an end. However, there is still much to do to get ready for the implementation and the final close-out of GST. We’ll discuss:

  • Highlights of events that has happened so far.
  • Overview of SST 2.0 and how it differs from the previous version of SST. 
  • Key transitional steps – systems, process, and people.
  • Current areas of uncertainty.
  • Closing out of GST and the final GST return.

Join us to understand how the abolishment of GST and the introduction of SST will impact businesses in Malaysia.

India Spotlight
Increasing thrust on bilateral Advance Pricing Agreements (APA): Relaxation in Article 9(2) norms in India

2 August 2018
Host: Sanjay Kumar
Presenters: Karishma Phatarphekar and Sharon Tan

When the Indian APA program was launched in 2012, most of the taxpayers flocked to file unilateral APAs. This was primarily due to taxpayers seeing the APA as a program which would help them reduce their litigations. The APA program did live up to that expectation and Mutual Agreement Procedures (MAP) resolutions have also picked up. Recently, there is a discernible move towards filing bilateral APAs – in particular the number of bilateral APAs in the overall filing has increased during the last two financial years. This trend is likely to continue during the current year. The Indian government has removed its barrier which includes the requirement of Article 9(2) in tax treaties, the absence of this meant that the Indian competent authorities did not consider they had an obligation to negotiate bilateral APA or MAP in transfer pricing with some countries. Amendments have also been made in tax treaties such as, tax treaties with Singapore and Korea. Those probably are the key reasons for the increase in bilateral APA filings. We'll discuss:

  • India's journey of APAs with special attention to bilateral APAs.
  • Indian government's objective and vision on its recent move on Article 9(2) of tax treaty.
  • Comparison of Indian APA program with other matured APA jurisdictions and questions, in particular, on bilateral APAsand MAP.
  • Practical challenges in implementing India's unilateral Act of relaxing Article 9(2) norms.
  • Indian authorities' preparedness for increasing flow of bilateral negotiation requests for early disposals.

Learn about the important developments on the Indian APA and MAP program and how does it affect the future landscape in India.

India Spotlight
India's GST update: When the rubber hits the road

26 July 2018
Host: Robert Tsang
Presenters: Parul Anand and Mahesh Jaising

GST is young in India, but growing fast. There are two aspects of India's GST journey into adolescence that you should know. Firstly, in the area of getting certainty in tax positions. Ambiguity in GST positions could lead to incorrect business decisions and potential litigation. Advance rulings could help, and the GST Advance Ruling framework has been expanded significantly to include ongoing transactions and covers the entire range of questions from levy to registration requirements for a taxpayer. How can you use this to your advantage? Is there other alternate dispute resolution options that one should look at? Secondly, India's new GST rules on anti-profiteering are starting to bite and businesses are now being asked to think about how indirect tax affects pricing strategy. What are the new anti-profiteering rules and how do they work? Is your supply chain into, inside, and out of India affected? Are these rules B2C only, or do they affect B2B transactions too? Do the new rules cover both goods and services? We'll discuss:

  • Advance ruling and other alternate dispute resolution options.
  • Anti-profiteering concepts.
    • Legal framework and the practicalities arising
    • What strategy should your business adopt to cope?

Learn about India's GST position to better prepare yourself on how you can make informed decision for your business and organization.

International Tax
Principal Purposes Test (BEPS Action 6): Making sense of the rule and drawing lessons from the case studies discussed in the deliverable (Part 1)

24 July 2018
Host: Christopher Roberge
Presenters: Danny Po, Sunil Shah, and Hooi Beng Tan

Action 6 of the BEPS Action Plan identified treaty abuse, and in particular treaty shopping, as one of the most important sources of BEPS concerns. One of its key measures is the introduction of a general anti-abuse rule based on the principal purposes of transactions or arrangements (the principal purposes test or "PPT" rule) for inclusion in the OECD Model Tax Convention, and by way of the Multilateral Instrument (MLI) its effective inclusion in tax treaties already concluded by all participants in the BEPS Inclusive Framework. In part 1 of this webcast, we'll discuss:

  • PPT rule contained in paragraph 7 of Article 10 of the OECD Model Tax Convention.
  • Selected case studies discussed in the BEPS Action 6 Deliverable.
  • Principles that may be drawn from the discussion of those cases in the deliverable.
  • Comments and insights concerning the application of such principles to commonly encountered business models.
  • Taxpayer reaction to the introduction of the PPT rule.

Stay updated concerning the impact of the introduction of the PPT rule to commonly used business models.

M&A Tax
Tax efficient funding arrangements for M&A transactions in Australia, China, and India

26 June 2018
Host: William Lee
Presenters: Enzo Coia and Amrish Shah

Deal flow continues to be strong in Asia Pacific amid the rapid development of BEPS in Australia, China, and India. Tax authorities have been escalating their scrutiny in regard to interest deductions arising from cross border related party M&A funding arrangements. Due consideration should be given to the choice of funding instruments by evaluating commercial requirements and impact on profit repatriation and exit. We'll discuss:

  • Recent legislative developments for typical funding instruments (e.g., equity and debt classification, cross currency swaps) used for investments in these countries and cases (including the landmark decision in Chevron in Australia) that could impact investors' funding arrangements.
  • Impact of the recent amendments in tax treaties vis-à-vis the funding instruments.
  • Restriction on tax deduction for interest paid to overseas related parties.

Hear about key cases in this area and learn ways your organization can structure its Asia Pacific M&A financing tax efficiently.

Indirect Tax
Indirect tax in the digital economy: Evolving rules in Australia, Japan, and New Zealand

19 June 2018
Host: Robert Tsang
Presenters: Allan Bullot, Chikara Okada, and Jonathan Paul

The Japanese Consumption Tax, Australian GST, and New Zealand GST all have at least one thing in common – maturing and developing approaches in taxing goods and services provided via or over the internet. With all three countries focused on creating an equitable indirect tax framework between domestic and overseas businesses, rules have evolved over the last year. Will other countries in Asia Pacific follow these rules? We'll discuss:

  • Current overview and framework.
  • What are the changes to the current rules?
  • Likely opportunities and/or implications for countries in Asia Pacific.
  • The way forward.

Stay updated on the evolution or revolution that these changes will bring about in the upcoming year, and how it may impact other countries in Asia Pacific.

Indirect Tax
Managing indirect tax and customs through your supply chain

12 June 2018
Host: Meng Yew Wong
Presenters: Senthuran Elalingam, Himanshu Tewari, David Ware, and Dolly Zhang

The introduction and expansion of new indirect taxes across the region coupled with the proliferation of trade agreements has resulted in considerable change across the trade environment over the past few years. The Asia Pacific region is complex and diverse and this is reflected in the manner in which different jurisdictions in the region approach the taxation of trade. It is critical to understand how changes to your supply chain can impact your indirect tax and duty position. We'll discuss:

  • Transformation of the trading environment.
  • Practical case studies.
  • Impacts to the developments in Asia Pacific.
  • The way forward.

Join us as we explore how changes in your supply chain can have major trade and indirect tax implications.

International Tax
Double tax treaties: Update on the significant recent developments in Asia Pacific

5 June 2018
*Due to a significant amount of content, the webcast has been extended to 75 minutes.*
Host: Jun Takahara
Presenters: Gokul Chaudhri and Claudio Cimetta

In this session, we will review the major developments relating to Asia Pacific double tax treaties, including the 2017 edition of the OECD Model Treaty and Commentary, developments concerning the Multilateral Instrument in Asia Pacific, and the important court and tribunal decisions of 2017 on treaty interpretation. We will also provide an overview of the significant changes within the Asia Pacific treaty network. We'll discuss:

  • 2017 OECD Model Treaty and Commentary.
    • OECD BEPS Project treaty-related measures
    • Non-BEPS changes, including important changes to the Commentary on the "permanent establishment" definition
    • Multilateral Instrument in Asia Pacific
  • Important cases on treaty interpretation.
    • Formula One (India): permanent establishment
    • RCF IV (Australia): treaty relief for capital gain
    • Starr International (United States): principal purpose test
  • Future developments and impacts in Asia Pacific.

Gain insights on the significant recent developments concerning Asia Pacific double tax treaties.

International Tax 
Digital taxation: Expansion of source country tax jurisdiction for corporate income tax purposes

24 May 2018
*Due to a significant amount of content, the webcast has been extended to 75 minutes.*
Host: Leonard Khaw
Presenters: Isabelle Mac Innes, Rohinton Sidhwa, and Cam Smith 

In 2017, the Inclusive Framework on BEPS renewed the mandate of the Task Force on the Digital Economy (TFDE) to continue work on the tax challenges of the digitalized economy. The TFDE is expected to deliver its interim report thereon in April 2018. The EU group that is studying the same issue is due to release its findings and recommendations shortly beforehand. At the same time, an increasing number of countries have begun taking steps towards the implementation of unilateral and uncoordinated domestic measures aimed at taxing digitalized activities and highly digitalized business models. We'll discuss:

  • Comment on the reports released by the TFDE and the EU.
  • Review the current status of domestic measures that selected major countries have taken, which are aimed at taxing digitalized activities and highly digitalized business models.
  • Consider short and longer term tax implications for taxpayers.
  • Comment on how taxpayers may prepare themselves for the coming change.

Stay updated concerning measures governments are taking in response to the tax challenges posed by the digitalization of the global economy.


Special Edition - Indirect Tax 
Abolition of GST in Malaysia

23 May 2018
Host: Richard Mackender
Presenters: Senthuran Elalingam and Eng Yew Tan 

10 May 2018 represented a truly significant landmark in the history of Malaysia, as the general elections resulted in a change in the Federal Government for the first time. Pakatan Harapan, the coalition forming the new Government, had run the election on a comprehensive reform agenda which included, as a cornerstone policy, the abolition of the unpopular goods and services tax (GST), to be replaced with a Sales and Services tax (SST) regime. On 16 May 2018, the Ministry of Finance had issued a statement that the GST will be reduced from the current 6% to 0% starting 1 June 2018. This is the first step done to ensure smooth transition to the proposed SST. We'll discuss:

  • Highlights of events that has happened so far.
  • Overview of the past SST which has been in placed before the transition to GST in 2015.
  • Implication to supplies spanning the change in rate.
  • Key challenges.
  • What you should do now.

Join us to understand how the change in the GST rate and the introduction of SST will impact businesses in Malaysia.


Country Focus
New Australian transfer pricing guidance: Rules or restrictions?

17 May 2018
Host:  John Bland
Presenters: Stephanie Lucas, Liam O'Brien, and Mark Wilkie

The Australian Taxation Office (ATO) has been busy drafting and publishing guidance for taxpayers on a variety of transfer pricing related topics. While the guidance comes in different forms, there is a general expectation that multinationals are familiar with, and acting upon, all ATO views. Some of the guidance might be considered novel in its logic and in its expectations of taxpayers, encouraging multinationals to manage their tax risks to a standard higher than that required by legislation. We'll discuss:

  • Marketing and procurement hubs.
  • Diverted profit tax.
  • Inter-company debt.

Keep up to date with the latest developments in Australia that have wide applicability for multinationals.

Global Mobility, Talent & Rewards
Global human capital trends 2018: New rules for the rise of the social enterprise

15 May 2018
Host: Joseph Logudic
Presenters: Nishith Mohanty and Andrew Warneck

Seismic shifts are reshaping the new world of work. What are the top 10 trends that HR and business leaders should know about as they navigate the new landscape in 2018? We'll discuss:

  • Is your organization transitioning to the future of work?
  • How should you be leveraging digital and technologies like AI to augment human skills?
  • How can HR take the lead to help drive stronger C-suite collaboration?
  • What are the implications of these trends as they relate to the individual, organizations, technology, and society?

Participants will review results of the 6th annual Deloitte global human capital trends research and how organizations can address human capital issues of the future.

Indirect Tax
GST and VAT in India, Malaysia, and the Middle East: Growth spurts or growing pains?

10 May 2018
Host: Sarah Chin
Presenters: Rajeev Dimri, Bruce Hamilton, and Eng Yew Tan

Malaysia's GST hits its 3rd birthday, India's GST is a year old whilst VAT is born in the Middle East in Saudi Arabia and the United Arab Emirates, with Oman and Bahrain slated to become the latest members of the indirect tax club. What are the contrasts in experience across these countries and regions? How have these frameworks evolved differently from the framework laid out in the OECD VAT/GST Guidelines, or the models adopted in Europe and elsewhere across Asia Pacific? We'll discuss:

  • Overview and highlights since the introduction.
  • Differences in the framework and models across region.
  • Identify risks and challenges.
  • Potential opportunities and/or implications in the future.

Join us to explore whether the experiences represent growth gains for the economies and authorities, or some form of pain for taxpayers.

Global Mobility, Talent & Rewards
Global mobility policy trends in Asia Pacific: An evolution of a new era

8 May 2018
Host: Kathryn Osborn
Presenters: Sudhakar Sethuraman and Kevin Zhu

The world of mobility is constantly evolving and Asia has a unique blend of cultures, laws, and practices. A "one size fits all" global mobility policy may not be fit for purpose in the region nor work for every country. The global workforce is transitioning from employees and assignees to business travellers, virtual workers, domestic commuters, and international local hires. Organizations need to be agile to deal with the various mobility challenges that come their way. New generations mean new expectations and the mobility employee experience needs to be positive, innovative, and engaging. We'll discuss:

  • Agile policies for intra-regional Asia moves.
  • Domestic mobility in China.
  • Domestic mobility in India.
  • Flexibility in the mobility policy.
  • Mobility for millennials.

Join us to explore and navigate the changing nature of mobility policies across Asia Pacific and learn how you can create or adapt your approach to be successful for the future.

Transfer Pricing
Transfer pricing and intangibles: Emerging challenges

3 May 2018
Host: Cam Smith
Presenters: Sanjay Kumar, Kerry Lambrou, and James Zhao

Transfer pricing for intangibles remains a hot and evolving topic amidst the complexities of multinationals' international trade. The OECD provided new guidance following Action 8 of its BEPS initiative, and taxpayers and revenue authorities have now had time to consider the implications of new thinking against previous transfer pricing practices and future business priorities. In this session, we will explore how the OECD guidance is being applied in practice, with some attendant challenges for multinationals. We'll discuss:

  • Practical application of the new, broad definition of intangibles and guidance on hard-to-value intangibles.
  • Entitlement to intangibles-related returns – aligning transfer pricing outcomes with value creation.
  • Determining arm's length royalties and pricing intangible transfers.
  • Common areas of intangible-related review and challenge by revenue authorities, and potential impacts on multinationals' global IP strategies under the new landscape.

Join us to keep abreast of developments in this important area of transfer pricing.

India Spotlight
Long term capital gains: Impacts on future landscape

12 April 2018
Host: Amrish Shah
Presenters: Deepa Dalal and Sudhakar Sethuraman

Budget 2018 proposes to radically change the tax treatment of long term capital gains (LTCG) arising from the sale of listed shares and equity-oriented mutual funds. The LTCG from these transactions are currently exempt from income tax subject to payment of securities transaction tax. They are now proposed to be subject to income tax from 1 April 2018. The budget proposals, however, provide a minimum threshold exemption of INR 100,000. Further, appreciation in the value of equity shares until 31 January 2018 is also proposed to be grandfathered. We'll discuss:

  • Overview of the proposed amendment.
  • Grandfathering provision – benefit of cost step up based on fair valuation.
  • Computation mechanics.

Stay updated on what the proposals mean for you and how to make an informed decision regarding investments in India.

China Spotlight
China's new rule on beneficial owners: Key changes and implications

28 March 2018
Host: Vicky Wang
Presenters: Sophie Liu, Apple Tang, and Tony Zhang

On 3 February 2018, China's State Administration of Taxation (SAT) published updating rules (Bulletin 9) regarding the concept of a beneficial owner (BO) under China's tax treaties. Bulletin 9 superseded a number of prior regulations on beneficial owner and becomes the most comprehensive and updated regulation on this important treaty concept. Bulletin 9 will apply to tax payments or withholding obligations that arise on or after 1 April 2018. We'll discuss:

  • What changes does Bulletin 9 make to the seven negative factors listed in Circular 601 that were used to determine a non-resident's BO status?
  • What changes does Bulletin 9 make to the safe harbour rules listed under Bulletin 30 for an automatic BO status recognition?
  • What are the latest documentation requirements to claim treaty benefits?
  • What are some of the additional constraints for enjoying a treaty benefit even if a non-resident satisfies the BO requirement?
  • What do these changes mean to you under your existing structures and what to plan for the future?

Learn about the changes and implications that this new rule has brought that may affect your treaty eligibility, which ultimately may affect your group effective tax rate.

India Spotlight
New perspective to Permanent Establishment: Unsettling the past

22 March 2018
Host: Hemal Zobalia
Presenters: Lakshit Desai and Jimit Devani

The concept of Permanent Establishment (PE) holds a vital place in determining taxability of a non-resident in a source state. Recently, the Supreme Court of India in the case of Formula One World Championship Limited (FOWC) and E-funds IT Solution Inc. (E-funds) has pronounced certain key principles with respect to PE and its determination. We'll discuss:

  • FOWC case.
    • Fixed place PE: Formula 1 race track
    • Application of "time" condition to a repeated, short-term activity
  • E-funds case.
    • Fixed place PE: provision of support services by Indian affiliate
    • Indian subsidiary should not cause a PE merely because of interaction or cross transaction with the foreign parent company
    • Profit attributable to PE
  • Other recent key Indian jurisprudences that have pronounced interesting dimensions to the concept of PE.
    • Space provided in India for rendering services may constitute a PE
    • Profits from offshore services is attributable in case where Supervisory PE is constituted
    • Constitution of Service PE – physical presence of employees in India not required
  • India annual budgetary exercise amends the definition of "business connection" (a concept under Indian domestic income-tax laws akin to PE).
  • Practical implications of the above cases.

Find out about the latest Indian Supreme Court thinking on the issue of PE status.

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