UnscheduledTax Planning and Substance
- Tax Planning and Substance
Overview and learning objectivesFollowing recent discussions in the international tax arena, it is clear both from a domestic law perspective and from an EU and OECD perspective that the issue of “substance” has grown in importance and will remain highly important in the tax world for years to come. Countries such as the Netherlands, Ireland and Luxembourg have become subject to scrutiny by the EU Commission and have responded by introducing substance requirements in their tax regimes. Furthermore, countries are terminating tax treaties with certain states because of the alleged misuse of those treaties by residents of third states (treaty shopping). Thousands of tax treaties have, and will be, altered due to the BEPS Project and specifically due to the adoption of the Multilateral Instrument. Also, in the years to come, the EU Anti-Tax Avoidance Directive will be implemented and this will have a strong effect on international tax law within the internal market.
Topics to be discussed in this course include substance in relation to tax residence, beneficial ownership, the attribution of profits to permanent establishments, limitation on benefits clauses and the principle purpose test, transfer pricing and patent boxes, the EU and OECD perspective on substance, relevant case law, and the response from MNEs to the changing environment.
This is an interactive course with a maximum of 32 participants. Participants will have access to relevant online collections on the IBFD Tax Research Platform for a period of two weeks.Field of studyTaxesWho should attend?The course is suitable for practitioners in tax advisory firms, and tax specialists in commerce and industry.Course level and prerequisitesThis is an intermediate-level course. Participants taking this course are expected to be familiar with the structure of at least one domestic tax system and to be aware of the common international tax planning techniques.Pre-course preparationIn order to participate in this particular course, no advance preparation is necessary. However, for some courses, suggested reading materials will be made available on our online platform a few weeks before the start of the course.Interactive course - "Group Live"To safeguard the interactive nature of the course, including group discussions and case studies, a maximum of 32 participants will be accepted. Early registration is therefore recommended.Continuing professional educationRecommended NASBA CPE points for this course: 12 (in accordance with the standards of the National Registry of CPE points, CPE credits are granted based on a 50-minute hour). Read more information on CPE points and accreditation for IBFD International Tax Courses.Course fee and registration detailsThe course fee covers participation in the course, all course materials, lunch, coffee/tea and refreshments. The costs of accommodation and transport are not covered. If you have any other questions regarding attendance of the course, travel arrangements, payments and cancellations, please consult our FAQ.
- Setting the scene - why is substance important in tax planning
- Substance from an EU law perspective
- Latest updates on patent boxes and substance
- Transfer pricing and substance
- Substance and the attribution of profits to permanent establishments
- Substance and the beneficial ownership requirement
- Anti-avoidance rules and substance
- Case study