IBA Annual Conference Paris 2023

29 Oct - 3 Nov 2023

Room 351, Level 3

Session information

Transfer pricing: practical considerations in the quest for certainty

Wednesday 1 November (1615 - 1730)

Room 351, Level 3

Committee(s)

Taxes Committee (Lead)

Description

Tax authorities around the world are applying more resources in their assessment of a MNE’s transfer pricing practices and policies, often leading to costly and time-consuming challenges, disputes and controversy.  A number of tools are available to MNEs in order to obtain certainty before a challenge or dispute arises, or otherwise resolve conflicts in a fast and efficient manner.  This panel will explore the tools and processes that MNEs and tax authorities have at their disposal in order to achieve a modicum of certainty in a MNE’s transfer pricing, or otherwise reduce the resources required to satisfactory resolve any related disputes.  This panel will discuss some of these processes and their advantages and disadvantages, including participation in the International Compliance Assurance Programme (ICAP) compared against Advance Pricing Arrangements (APA), as well as provide a practical overview of a number of the mandatory binding arbitration models available and agreed upon between countries for resolving disputes ranging from final offer arbitration to independent option arbitration under the Mutual Agreement Procedure (MAP).

Session / Workshop Chair(s)

Axel Boedefeld Oppenhoff & Partner, Cologne, Germany
Richard Slowinski Alston & Bird, Washington, District of Columbia, USA

Speakers

Jonathan Fraser CTPA - OECD, Paris, France
Xing HU Hui Ye Law Firm, Shanghai, China
Ana Carolina Monguilod CSMV Advogados, São Paulo, Brazil
Monique van Herksen Simmons & Simmons, Amsterdam, Netherlands