6.5 CPD hours

National Transfer Pricing Conference

8 August 2018 | Four Seasons Hotel Sydney

On behalf of the Organising Committee, we would like to welcome you to The Tax Institute’s National Transfer Pricing Conference, which will be held at the Four Seasons Hotel in Sydney on 8 August 2018.

Transfer pricing continues to be a topical issue for taxpayers and revenue authorities in Australia and around the world. The OECD’s base erosion and profit shifting (BEPS) project, and Australia’s implementation of many of its recommendations, highlight the importance of transfer pricing to the compliance and governance frameworks of affected taxpayers. The conference will include addresses from thought leaders from both the profession and the Australian Taxation Office, cover difficult technical issues on the migration of intellectual property and the application of Div 815 following Chevron, and highlight what transfer pricing risks boards must consider in discharging their directors’ duties.

It is also important to recognise that transfer pricing is not just the domain of large multinational enterprises. It impacts Australian-headquartered groups expanding overseas. It also affects Australian subsidiaries of global groups who often have limited resources to deal with detailed transfer pricing issues and documentation requirements. This conference therefore contains a separate stream of sessions that will explore the issues those taxpayers face, including some practical sessions on transfer pricing documentation.

Networking drinks at the conclusion of the conference will give delegates and speakers an opportunity to share thoughts and catch up with fellow tax colleagues from the professional firms, corporates and the Australian Taxation Office.

We look forward to seeing you in Sydney in August.

Early bird offer Register on or before Wednesday 11 July 2018 to save!

Thank you

The Tax Institute gratefully acknowledges the generous assistance of members of the Organising Committee:

Eddy Moussa, CTA, PwC (Co-chair of Conference Organising Committee)

Jerome Tse, CTA, King & Wood Mallesons (Co-chair of Conference Organising Committee)

Denise Honey, CTA, Pitcher Partners

Glen Hutchings, FTI, KPMG

Mariana Von Lucken, CTA, HLB Mann Judd

Welcome

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Technical program

Day 1 – Wednesday, 8 August 2018Time Session Presenter

8.00–8.30am Registration

8.30–9.00am Welcome and Opening Address – Overview of Transfer PricingThis session will cover the current approach of the tax administration to transfer pricing matters in the context of audits and risk reviews and go-forward compliance.

Mark Konza Australian Taxation Office

9.00–10.00am Session 1: An interview with the ATO: Country-by-country reporting – Reflections on the first year and what’s on the horizon for year 2 and beyondSignificant Global Entities will lodge CbC Reports, Master Files and Local Files with the ATO every year as a part of the BEPS Action item, country-by-country reporting. This information will provide insights into the global operations of multinational enterprises and provide detailed information about international related party dealings. In this session you will hear from the ATO about the first year of CbC reporting, including how this information will be used. You will also hear about what’s happening as we prepare for the second year of reporting.

Aileen O’Carroll Pitcher Partners

Anthony SiouclisAustralian Taxation Office

10.00–10.30am Morning tea

10.30–11.30am Session 2A: Transfer Pricing Defined/Legal Questions on Interpretation of 815A–815BThis session will discuss the decision in Chevron and the way the modernised transfer pricing provisions have been written generate a number of legal and interpretative questions.

It will also work through the areas of uncertainty and how these matters might be considered by future court decisions to assist taxpayers and their advisers in making decisions on assessing its transfer pricing risk.

Daniel McInerney, CTAVictorian Bar

Caroline Walker EY

OR Session 2B: Simplified Transfer Pricing Documentation RulesThis session will explore:

— Purpose and history of simplified transfer pricing documentation rules (STPDR) in Australia and OECD countries

— The eight options explored in Practical Compliance Guideline PCG 2017/2 — Implications of applying the STPDR – including disclosure in tax return and risk to ATO review/ penalties.

Lauren Whelan HLB Mann Judd

11.30–12.30pm(Please see next page for concurrent session option)

Session 3A: Correct Characterisation and Reconstruction under 815B and Part IVAIncorrectly characterising international related party dealings and potentially falling foul of general anti-avoidance laws represent some of the largest areas for ATO disputes. This session will analyse:

— The most frequent areas where international related party dealings are being challenged by the ATO in transfer pricing cases

— How 815-B and recent changes to the OECD’s transfer pricing guidelines address the characterisation and reconstruction of international related party dealings

— Trends in Part IVA cases and how to manage anti-avoidance measures for international related party dealings

— In the planning phase and post-implementation, what steps companies should be taking to document and support their tax governance.

Damian Preshaw, CTADamian Preshaw Consulting

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Time Session Presenter

11.30–12.30pm Session 3B: Basics of Transfer Pricing DocumentationThis session will discuss:

— The objective of transfer pricing documentation (TPD) — History of TPD in Australia: Div 13 v Div 815-B and 815-C — Steps in preparing TPD — Analysis of global group and local entity, and review of related party dealings, including market and industry overview

— Functional and risk analysis — Selection of most appropriate transfer pricing methodology — Comparative benchmarking study and — Implications of holding TPD – including disclosure in tax return and risk to ATO review/penalties.

Ashish Dave Duff & Phelps

12.30–1.30pm Lunch

1.30–2.30pm Session 4: Transfer Pricing Risks – What Do Boards Need to Know?The ATO have embraced the increasingly global view that tax risk management should be a part of good corporate governance. The presence and testing of tax internal control frameworks are becoming an integral part of the risk-assessment protocols used by tax authorities. The high levels of ATO scrutiny regarding transfer pricing matters has increased the importance of building transfer pricing into tax governance frameworks. This session looks to provide insight into the ATO’s current approach to tax risk governance. The panel’s experience will provide insight into implementing tax governance frameworks, addressing ATO governance questions within Justified Trust and Streamlined Assurance reviews as well as effective governance processes required post an ATO review or audit in order to ensure boards are kept appropriately informed.

Christine Cornish Pitcher Partners

Chris Vanderkley, CTAPwC

Philip BeswickKPMG

2.30–3.00pm Afternoon tea

3.00–4.00pm Session 5: Practical Compliance Guide for Financing [and Other Key ATO Risks]International related party financing is one of the ATO’s largest tax risks with significant resources and investment in targeting transfer mispricing for loans. This session will provide:

— Discussion of the legacy impact of the Chevron case on community concerns and the ATO’s reaction

— Summary of the ATO’s recently released Practical Compliance Guideline on loans and risk evaluation and narrative from the ATO Finance Cluster

— Key steps to consider when planning for loans and what to do if you are in the “red” risk zone.

Shahzeb PanhwarAustralian Taxation Office

Danielle Donovan EY

4.00–5.00pm Session 6: IP Migration Issues – Dovetail into the DPTWhether a start-up or in a growth phase, intangible property is becoming more and more difficult to deal with in a global context. This session will examine:

— Commercial and supportable ways companies are leveraging intangible property in growing their offshore businesses through disposal or licence arrangements

— How transfer pricing outcomes can incorrectly misprice the presence of intangible property in the Australian sales, distribution or marketing businesses

— Use of contract R&D arrangements and congruence with R&D concessions and — Where the ATO is at in managing intangible property risk.

Jonathan Malone, CTAPwC

5.00pm Conference closing address and networking drinks

Day 1 – Wednesday, 8 August 2018 continued

Technical program

Philip Beswick is a Director with KPMG advising clients on tax governance. He has over 20 years’ experience in advising clients on the management of tax; encompassing tax governance, tax technology, global compliance and tax function effectiveness. He has advised clients across Australia, Europe and the Middle East.

Christine Cornish is a Director in the Tax Consulting division of Pitcher Partners Melbourne. Christine has over 13 years’ experience as a transfer pricing advisor and as an in house specialist at NAB and ANZ. Christine’s career started as a transfer pricing specialist and expanded to include tax governance during her role at NAB. Christine now has significant experience in tax governance reviews, gap analysis and tax control framework implementation. She has experience with the ATO in the governance and transfer pricing aspects of Justified Trust Reviews and Streamlined Assurance Reviews. Christine has detailed knowledge of the ATO’s expectations in the area of transfer pricing and tax governance as well as how to assist clients in uplifting their governance frameworks to meet those expectations.

Ashish Dave joined Duff & Phelps in May 2017 from Quantera Global. He is a director in the Transfer Pricing practice based in Sydney. Ashish has more than 15 years experience in international tax, specialising in transfer pricing. He has worked in a variety of locations such as Australia and Asia, including India. As a transfer pricing specialist, Ashish has advised a wide range of clients in preparing transfer pricing policies, designing transfer pricing systems, and documentation covering master file and local file.

Danielle Donovan is a Partner in Financial Services at EY and leads the Financial Services Transfer Pricing (TP) practice across Oceania. Danielle has worked in TP for over 18 years in a number of countries, including Australia, Hong Kong, Malaysia, the UK and Denmark. She regularly advises clients in banking, insurance and asset management across all areas of TP. She has successfully led TP negotiations with seven tax authorities across the Asia-Pacific region, including Australia, Japan, China and India. Danielle was the founding chair of the TP Capital Markets Tax Committee (CMTC) in Hong Kong and led the Asia-Pacific TP function for a European investment bank.

Mark Konza is the Deputy Commissioner responsible for international taxation in the ATO. He leads the development of ATO strategy in response to the base erosion and profit shifting, offshore tax evasion and foreign investment risks. He represents Australia at various OECD forums, particularly the Taskforce on the Digital Economy.

Jonathan Malone, CTA, is a Partner in PwC’s Global Tax Practice with over 17 years experience as a corporate tax adviser, specialising in international tax, M&A and cross-border tax structuring. Jonathan was seconded to the Federal Treasury in 2015 and 2016 and worked with the BEPS unit on Australia’s multinational anti-avoidance laws. He also represented Treasury at the OECD working party’s six meetings (focused on transfer pricing) throughout this period.

Daniel McInerney, CTA, is a taxation barrister at the Victorian Bar known for his strong technical and advisory knowledge. He has appeared in a number of complex taxation cases addressing issues such as transfer pricing, international corporate structuring, consolidations and Part IVA. Daniel works closely with Australia’s leading tax silks, multinational, mining services and financial services companies. He has an extensive advisory practice in relation to structuring as well as settling taxation disputes with the ATO. Daniel is regularly named as a leading junior counsel in Doyles Guide’s list of Leading Tax Barristers.

Aileen O’Carroll is a Director in the Tax Consulting division of Pitcher Partners Melbourne and heads up the firm’s transfer pricing service offering. Aileen has over 14 years consulting experience providing advice on a broad range of transfer pricing matters to clients across a range of different industries. Prior to joining Pitcher Partners in 2016, Aileen worked with National Australia Bank in assisting them to implement OECD Action 13 – Country by Country Reporting. During this time Aileen established an Action 13 working group with industry peers and also consulted regularly with the ATO on CbC which included development of the Australian Local File.

Shahzeb Panhwar is an Assistant Commissioner in the Public Groups & International area of the ATO and has responsibility for issues relating to related party financing and thin capitalisation. Shahzeb also heads up the Operations area for the Docklands site where he leads a team responsible for taxpayer engagement including audits, reviews, APAs and other assurance products. Shahzeb joined the ATO in 2014 after 8 years with one of the Big 4 accounting firms. There, Shahzeb specialised in assisting clients in relation to their transfer pricing matters.

Presenter profiles

Transfer pricing affects businesses large and small. This unique program brings together experts from the profession and the ATO for a comprehensive, practical look at compliance and risk issues.’’

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Damian Preshaw, CTA, is a transfer pricing specialist with more than 25 years experience in both the private sector and with the ATO, and consults to accounting firms and law firms. Prior to establishing Damian Preshaw Consulting Pty Ltd in October 2015, Damian was a director in KPMG’s Transfer Pricing Services Group in Melbourne for 12 years. In this capacity, Damian advised a wide variety of multinational clients on transfer pricing and profit attribution issues with a special focus on dispute resolution, financial services, financial transactions and business restructuring.

Chris Vanderkley, CTA, recently joined PwC as Special Counsel specialising in tax governance/transparency and controversy matters for corporate taxpayers. Prior to that, Chris worked at GE for 20 plus years in numerous roles, including Chairman of all GE Boards, CFO and Asia Pacific Head of Tax. Chris was a member of the CTA Executive Committee for eight years and continues to act as an adviser to the Board of Taxation.

Caroline Walker is a Partner in EY’s International Tax team specialising in transfer pricing, with over 18 years experience. Located in Perth, Caroline has extensive experience in advising a variety of clients on transfer pricing policy development, ATO risk reviews, audits and advance pricing arrangement negotiations.

Lauren Whelan is a supervisor who practices in tax compliance and consulting, specialising in tax issues facing multinationals. She joined HLB Mann Judd in 2012. Lauren has extensive experience in corporate taxation, advising businesses (both publicly and privately owned) across a range of industries including property, freight forwarding and waste management. This year she was nominated as a finalist in the Young Leaders in Finance Awards.

Presenter profiles continued

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Event information

Discounts

Early bird registrationAll registrations received and paid for on or prior to Wednesday 11 July 2018 will be entitled to an early bird discount.

Group discountPurchase four full registrations and receive the fifth one free. All attendees must be from the same firm and all registration forms must be submitted together.

Confirmation of registration

A confirmation will be sent via email. Please note you will receive two separate emails in the form of a confirmation email and tax invoice.

CPD accreditation

Attendance at the conference counts for 6.5 hours Continuing Professional Development accreditation with The Tax Institute.

Delegate list

A delegate list will be included in The Tax Institute CPD app to assist with networking. Please indicate on the registration form if you do not want your details included on the list.

Special dietary requirements

Please indicate any special dietary requirements on the registration form.

Paperless materials

To assist in reducing the environmental impact, the standard registration option will only provide electronic access to materials.

The Tax Institute CPD app

The Tax Institute CPD app will be accessible for delegates to download available technical materials in the days prior to the event commencement. The app will contain session and speaker information, the delegate list and available technical materials. Delegates will receive instructions via email detailing how to download and access materials.

Alteration and cancellation policy

The Tax Institute reserves the right to alter, amend or cancel all or any of the arrangements contained in the program. It is a condition of acceptance of registration that an administration fee of 20% of the registration fee will be charged for cancellation. No refund will be given for cancellations received within five working days of the event. A replacement may be nominated however, the replacement is only valid for the 2018 National Transfer Pricing Conference. If the replacement is not a member, the non-member registration fee will apply. CPD hours will be allocated to the designated attendee. The Tax Institute cannot accept responsibility for delegates’ late transport arrivals or non-arrivals due to delays.

For further information regarding this event, please contact the Events Team on 02 8223 0040 or email nationalevents@taxinstitute.com.au

For registration enquiries, please contact eventregistrations@taxinstitute.com.au

Online access to presentations and technical papers

Morning/ Afternoon tea/

Conference lunch

Networking function How to register

Full convention registration This registration option entitles one delegate to attend the entire event.

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Register online or complete the form included in this brochure.

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Registration inclusions

Register online at taxinstitute.com.au/TP18

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Four Seasons Hotel 199 George St, Sydney

The National Transfer Pricing Conference will be hosted at the stunning Four Seasons Hotel in Sydney, located at 199 George Street, Sydney, right on the harbour foreshore.

To book accommodation at the Four Seasons, visit https://www.fourseasons.com/sydney/.

Getting there

Sydney Domestic Airport is approximately a 30-minute drive from the hotel and serves all major airlines.

Circular Quay Station is the closest railway station to Four Seasons and is approximately a six-minute walk from the hotel.

Local climate

During the month of August, Sydney experiences daytime temperatures of around 18°C.

Networking function

Join your colleagues and conference speakers at the networking function, which will be held directly following the last session, from 5.00pm onwards. The networking function is included in the conference registration fee for delegates.

Dress code

Business attire is suitable for the duration of the conference program, including the networking drinks.

Venue

Member benefits include:

– Taxation in Australia journal

– TaxVine e-newsletter

– CPD event discounts

– Publications and tax product discounts

– Business Alliance Partner discounts.

See registration form for details.

Become a member

Lead the way in taxThere is no time like the present to join Australia’s premier tax body and take advantage of the special new member introductory offer.

For an additional $320 on the member registration fee you will receive membership until June 2019.

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A tax invoice and confirmation letter will be sent on receipt of your registration. Please photocopy for additional delegates and retain original copy for your records. All prices quoted are in Australian dollars and include GST where applicable. ABN 45 008 392 372.

National Transfer Pricing Conference Registration form

National Transfer Pricing Conference 2180701 | WD

1 Registration

2 Delegate contact details

Full conference

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Early bird registration Received on or before 11 July 2018 $675 $995 $1,095

Standard registration Received after 11 July 2018 $825 $1,145 $1,245

I acknowledge that I will receive electronic access to the available papers and presentations through The Tax Institute CPD app.

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*EVENT AND MEMBERSHIP OFFERThere is no better time than right now for non-members to take up membership! Register at the Member rate + add on $320 for Membership and receive member benefits through to 30 June 2019. All new members are eligible to ‘upgrade’ their membership level at no additional cost by providing the appropriate documentation when applying within the initial membership subscription period.I hereby apply for membership of The Tax Institute and declare that I am a person of good fame, integrity and character and agree to be bound by the Constitution of The Tax Institute. Further information available at taxinstitute.com.au Signature:

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3 Breakout session selection

10.30am–11.30am Session 2A Session 2B

Wednesday 8 August

11.30am–12.30pm Session 3A Session 3B

Please tick the breakout sessions you would like to attend during the conference:

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4 Networking function

The networking function is INCLUDED in the registration fee for delegates attending the full conference.

Wednesday 8 August at Four Seasons Hotel, Sydney

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