Asia Tax Forum. Dispute Resolution. How to Avoid, How to Settle. May 9-10, 2012 Raffles, Singapore. with the support of

Transcription

1 with the support of Asia Tax Forum Dispute Resolution How to Avoid, How to Settle

2 Speakers Mukesh Butani Taxand India Michael Palumbo Baker Hughes Eugene Gay GlaxoSmithKline Amit Bhalla Schneider Electric Leon Kwong Wing Taxand Singapore

3 Contents 01 Appeals Mechanisms In Asia-Pacific: Are They Working? 02 How To Prepare If You Are Caught in a Dispute 03 When A Settlement Is The Best Option 04 Tactics For Jurisdictions Where Litigation Is Most Likely 05 Lessons From Key Cases: Hong Kong cases of Li & Fung; CG Lighting and Nice Cheer Investment Limited; Singapore s First Section 33 Case 06 Key Contacts 07 About Taxand

4 Appeals Mechanisms: Are They Working? Alternate mechanisms for dispute resolution; availability of both domestic and international framework? Timing issues in resolving disputes Learnings from experiences in Asia- Pacific India, Indonesia, Vietnam, Cambodia

5 How To Prepare If You Are Caught In A Dispute Evaluation of forms of dispute resolution mechanisms available Experience in different countries: India, Indonesia, China, Vietnam, Philippines, Singapore Preparing for uncertainty and tax dispute life cycle Other out of box thoughts

6 When A Settlement Is The Best Option Depends on company risk appetite and tax department leadership May be considered where certainty and timing is important Evaluation of impact of settlement Experiences in some Asia Pac countries

7 Tactics For Jurisdictions Where Litigation Is Most Likely Timely expert advice Good housekeeping Methodologies for mitigating tax and penalty exposure Keeping top management informed Country specific experience

8 Lessons From Key Cases Asia Tax Forum Singapore s First Section 33 Case Vodafone case

9 Thank you

10 Our Global Service Commitment About Taxand Understanding and managing the tax consequences of cross-border tax transactions Considering organisational (re)structuring options in full awareness of the tax implications Realising tax, supply chain and overall operational efficiencies Interpreting technical tax provisions Lowering effective tax rates Addressing and preventing tax leakages Ensuring tax compliance Managing relationships with tax authorities

11 Global Coverage About Taxand Argentina France Mauritius Singapore Australia Germany Mexico South Africa Austria Greece Netherlands Spain Belgium Hungary Norway Sweden Brazil India Pakistan Switzerland Canada Indonesia Panama Thailand Chile Ireland Peru Turkey China Italy Philippines UK Colombia Japan Poland Ukraine Cyprus Korea Portugal USA Curacao Luxembourg Puerto Rico Venezuela Denmark Malaysia Romania Finland Malta Russia

12 Why Taxand? Dedicated to tax Independence advantage conflict free, unbureaucratic, best practice Local knowledge, global view Partner led from start to finish Complex problems, customised advice Passionate about working together Practical advice, responsively delivered

13 Presenter Profile E. T Mukesh Butani Taxand India Mukesh Butani is a member of the Taxand board which comprises nine Taxand country Managing Partners from around the world, and Chairman of BMR Advisors, Taxand India. Specialising in international tax and transfer pricing, Mukesh has more than 25 years of experience in advising Fortune 500 multinationals and Indian business houses on a range of matters spanning crossborder tax structuring, tax controversy and tax policy structuring. In addition to his advisory role, Mukesh has represented clients in tax disputes, tax advocacy, policy and planning. A former national tax Director and international tax Partner at Arthur Andersen and Ernst & Young, Mukesh serves as Vice Chairman of the Commission on Taxation, International Chamber of Commerce (ICC). Mukesh is a qualified Chartered Accountant and is enrolled as an Advocate with the Bar Council of India.

14 Presenter Profile E. T Michael Palumbo Asia Pacific Tax Director, Baker Hughes Michael joined Baker Hughes in 2000 and has responsibility for Baker Hughes tax affairs in Asia encompassing 20 countries, leading and managing the Asia Pacific Tax Team located in 6 countries, and he is based in Singapore. Prior to coming to Asia 9 years ago, Michael had responsibility for Baker Hughes tax affairs in the Middle East and was based in London, United Kingdom. Michael has nearly 20 years of various accounting and tax experience with different companies in various industries. A native of Chicago, Illinois, Michael has lived and worked internationally for over 14 years and has been to over 70 countries on 6 different continents and managed tax issues in over 40 countries. His favorite saying is: Oil and gas take you to places which are not in the tour guides. Michael earned a Master of Science in Taxation Degree and a Bachelor of Science in Commerce Degree, with a Major in Accounting, from DePaul University in Chicago and he is a Certified Public Accountant in the State of Illinois and a member of both the American Institute of Certified Public Accountants and Tax Executives Institute (Asia Chapter).

15 Presenter Profile [ ] E. eugene.c.gay@gsk.com T Eugene Gay GSK

16 Presenter Profile E. T Amit Bhalla VP Tax & Customs APAC Schneider Electric Amit Bhalla is the Vice President Tax & Customs APAC for Schneider Electric based in Singapore. In his role, he is responsible for the tax & customs affairs for the region, which includes Greater China, Japan, India, Australia, New Zealand and South East Asia region. Amit began his tax career in India with the accounting firm Arthur Andersen in 1994 and was in tax consulting for more than 8 years. Thereafter, he moved into industry specialising in the technology sector. He worked for Huawei Technologies, Cisco Systems and more recently Nortel Networks. During his career, he has worked and lived in India, China, UK and Singapore. Amit is a fellow member of the Institute of Chartered Accountants of India and a graduate from SRCC, University of Delhi.

17 Presenter Profile E. T Leon Kwong Wing Taxand Singapore Kwong Wing Leon is based in Taxand Singapore where he is a Partner and the Head of Tax at KhattarWong. He is also a barrister (Gray s Inn), an advocate and solicitor (Singapore), and a registered trust and estate practitioner (TEP). Kwong Wing has been with Singapore s Taxand practice, KhattarWong, for his entire career. Kwong Wing advises on income tax, property tax, goods and services tax and stamp duty in Singapore. He also defends taxpayers in audit and investigation cases, pursues objections against Revenue assessments and valuations, and acts as counsel in hearings at Review Boards and in the Courts. He is the Revenue law lecturer at the Singapore Bar course, and editor of Halsbury's Laws of Singapore: Revenue and Taxation published by LexisNexis.

18 Key Contacts Mukesh Butani Taxand India E. T Leon Kwong Wing Taxand Singapore E. T Michael Palumbo Baker Hughes E. T Eugene Gay GlaxoSmithKline E. T Amit Bhalla Schneider-Electric E. T

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