02 - 23 Oct 2020IBFD - IFA LATAM Webinars: News on International Taxation and Its Impact in Latin America
This is a new joint initiative between IBFD and IFA LATAM aiming at discussing trending topics in international taxation, particularly those with an impact on Latin America. This is done in the framework of the longstanding cooperation between IBFD and IFA LATAM, and the entire seminar will be conducted in the Spanish language.
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- IBFD - IFA LATAM Webinars: News on International Taxation and Its Impact in Latin America
All webinars will be conducted in Spanish.The webinars are addressed to corporate officers, lawyers, members of tax authorities and of ministries of finance, judges and members of academia. The speakers were selected from amongst the best experts in their respective fields.Attendants of the webinars are expected to get a clear picture on the latest developments in these areas, to develop an ability to anticipate risks for their clients and operations and to incorporate the knowledge gained in their own services. The webinars will also alert them to issues that they may face in the near future.The registration fee is 50 USD per webinar (discounts available for multiple entries). Registration is free for IFA LATAM members and IBFD active subscribers. Please register as soon as possible as places are limited.The first webinar will focus on the topic “Tributación de la Economía Digital: Alternativas para América Latina”, and will feature the participation of Guillermo Teijeiro, President IFA LATAM (moderator), Betty Andrade (IBFD), Andrés Báez Moreno (Universidad Carlos III, Madrid) and João Nogueira, IBFD Deputy Academic Chairman.“MLI y Medidas anti-abuso: Impacto en América Latina” will be the main topic of the second webinar which will feature the participation of Salto van der Laat, Vice President IFA LATAM (moderator), Luis Nouel (IBFD), Carlos Weffe (IBFD) and Vanessa Arruda Ferreira (IBFD).During the third webinar, the topic to be discussed will be “Tributación Medio ambiental: La experiencia Internacional y Lecciones para América Latina”, and this session will be attended by Alvaro Villegas Aldazosa, Director IFA LATAM Award (moderator), Carlos Gutierrez Puente (IBFD), Marta Villar Ezcurra (Universidad CEU San Pablo) and Iñaki Bilbao Estrada (Universidad CEU San Pablo).To close this cycle of webinars, the topic “El Concepto de Beneficiario Efectivo” will be discussed, in a session with the participation of Manuel Tron, Honorary President IFA LATAM (moderator), Adolfo Martín Jiménez (Universidad de Cádiz), Pasquale Pistone, IBFD Academic chairman, and Saturnina Moreno González (UCLM).
2 October / 16:30 CEST - Taxing the Digital Economy: Alternatives for Latin America
One of the major challenges of digitizing the economy is the adaptation of current rules to tax these types of businesses. Current provisions in force that were designed and adopted to tax traditional brick-and-mortar businesses create corporate tax loopholes, allowing tax evasion and tax avoidance. Since 2015, the OECD has been working on a number of rules aimed at two major purposes: on the one hand, the design of new rules on nexus and then attribution of profits to the states where value is created in the digitalized economy, and on the other hand, the definition of a common effective minimum tax rate across all states to tackle harmful tax competition and limit a race to the bottom between jurisdictions. More recently, the United Nations also submitted a proposal to amend the UN Model to tax automatic digital services. Latin American countries have participated in the consultation of said proposals through the Inclusive Framework, but they have also consistently been engaged in the adoption of unilateral measures to tax the digital economy. The OECD has continuously indicated that countries need to reach consensus on said tax rules to avoid double or multiple taxation that could harm the development of these key businesses. The major concern is whether Latin America will be able to reach a consensus and agree on the taxation of digital businesses with all states getting a fair share of the global tax revenue of digital MNEs.
This webinar provides an overview of the OECD 2.0 Unified Proposal on Pillars 1 and 2, the proposal to tax digital businesses through withholding taxes, as well as the alternatives for the imposition of the digitized economy in LATAM. The presenters will share their expertise and give insight into the key issues related to the definition of rules to tax digitalized businesses.
9 October / 16:30 CEST - MLI and Anti-Abuse Measures: Impact in Latin America
According to the OECD, the fiscal capacity of Latin American countries has deteriorated in recent times, remaining well below the OECD average despite the increasing efforts of Latin American tax administrations to reduce the gap. In this regard, the region's ability to adequately meet the goals of the United Nations 2030 Agenda for Sustainable Development is particularly affected, especially in terms of improving its domestic capacity for tax revenue collection (SDG task 17.1). In addition, Latin American countries' fiscal capacities are further diminished by the outbreak of the COVID-19 pandemic and the current global economic crisis. This environment maximizes the need for the adoption and importance of multilateral anti-abuse measures. In this regard, effective administrative cooperation, disclosure and exchange of information on potentially abusive strategies implemented by taxpayers, as well as the prevention of harmful tax competition by states, play a relevant role in the interpretation and implementation of the network of tax conventions.
This webinar provides an overview of the latest developments on unilateral, bilateral and multilateral anti-abuse measures in Latin America. The presenters will share their expertise and give insight into the key risks related to the aforementioned developments and how organizations can deal with them.
16 October / 16:30 CEST - Environmental Taxation: The International Experience and Lessons for Latin AmericaGreen taxation has become one of the most common topics on the agendas of global tax forums, especially due to the evidence of climate change exposed in recent decades, which is clearly felt by all inhabitants of the planet. Various agencies and governments have focused on issuing a number of regulations to slow the effects of pollution. In addition to such regulations, a series of taxes with extra-fiscal purposes have also been created for this very purpose. Such taxes respond to a loosening of the ability-to-pay and generality principles, founded on the idea that the polluter shall pay the tax irrespective of their wealth. The economic recession caused by the pandemic has increased the need for states to increase their tax revenues, which may be possible through green taxes. This would have a dual purpose: on the one hand, to combat environmental pollution and to moderate the use of pollutants, and on the other hand, to obtain higher tax revenues without sacrificing the economic development of the private sector.
23 October / 16:30 CEST - The Concept of the "Beneficial Owner"
Beneficial ownership is one of the most widespread conceptual tools for the prevention of abuse with respect to passive income and, therefore, of the tax base of capital-importing countries, such as Latin American countries. This concept has evolved greatly in recent times to further limit the granting of treaty benefits to abusive taxpayers, even to the point at which the European Court of Justice declared that the prohibition of abuse is a general principle of law applicable directly to legal situations (i.e. benefits derived from the accrual of passive income) subject to the scope of the beneficial ownership clause in the so-called "Danish cases". Further, some European countries, such as Spain and Switzerland, have immediately followed this line of jurisprudence, setting a trend that is highly relevant to Latin American countries in the interpretation and application of their tax conventions, the vast majority of which envisage beneficial ownership as one of the most important and widespread abuse prevention measures in the treatment of passive income in the region.
This webinar provides an overview of the latest jurisprudential developments on beneficial ownership and their possible impact in Latin America. The presenters will share their expertise and give insight into the key risks related to the aforementioned developments and how organizations can deal with them.