The International Tax Planning Association
Monte-Carlo 2009
15 – 17 March : Hôtel Hermitage
Programme @ 31st December 2008
Sunday, 15th March
15.00 Registration
18.30 Welcome Reception, hosted by Clariden Leu

Monday, 16th March
Chairman: Milton Grundy
09.00 Anti-avoidance Provisions in Tax Treaties Mario Petriccione
  • Can treaty benefits be denied in cases of tax avoidance?
  • The “beneficial ownership” test
  • Limitation of benefits clauses
  • Mechanical v. motive-based tests
  • The US approach
  • LOB clauses in India’s treaty network
  • The way forward
09.40 Money Laundering and Tax Advice Robert Ham
  • Understanding the offence
  • Routine precautions
  • "Suspicion" and its consequences
  • Retaining records

10.20

Coffee


10.50

Symposium: Two OECD Initiatives

Speakers: Jeffrey Owens & Richard Hay
Moderator: Richard Pease
1. The HNWI Project
  • Scope of the project - Improving co-operative compliance
  • The consultation process - The way forward
2. Transparency, Exchange of Information and the Global Economy
  • Tax competition - The level playing field
  • Exchange of information with the international financial centres
  • Recent initiatives - TIEAs or DTAs

12.10

Pre-lunch drinks, followed by set lunch

14.30 Discussion Session I
15.10 Tea
15.35 Discussion Session II
16.15 Review of Discussion Sessions
16.45 Close of Day One
18.30 Reception, hosted by Barclays Wealth

Tuesday, 17th March
Chairman: Milton Grundy
09.00 Recent Decisions of the ECJ Krzysztof Kubala
  • Exit taxes
  • Freedom of establishment
  • Abuse of law
  • Other issues
09.40 A Fresh Look at India Roy Rohatgi
  • An overview of recent developments in the Indian tax system and regulations
  • Tax planning for doing business with India
  • Inbound and outbound investments to and from India
  • Expatriates working in India
  • Indian residents investing abroad under the Liberalised Remittance Scheme

10.20


Coffee


10.50 Licensing Through the Netherlands
An update
Jan Tiesema
  • The Netherlands: a tax Nirvana after all?
  • Graf: although an old case, it is still good for a useful lesson
  • APA/ATR: do we really need one?
  • Dutch tax: the patent income regime
11.30 Does Uncle Sam Strike Again?
What we should expect from a Democratic President and majority in the House of Representatives and Senate: -
Stephen Gray
  • Higher Federal income taxes - Estate tax reform - Likely Federal VAT or equivalent sales tax
  • Renewed, vigorous attack on offshore - Increased exchanges of information - Increased IRS audits
  • A period of anti-wealth, anti-business sentiment

12.10

Pre-lunch drinks, followed by set lunch

14.30 Discussion Session I
15.10 Tea
15.35 Discussion Session II
16.15 Review of Discussion Sessions
16.45 Close of Meeting

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