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MLI COURSE – IMPLEMENTATION & BEYOND AND IMPACT ON INDIAN TREATIES
October 5, 2019 @ 9:00 am - 5:30 pm
Thank You for the Overwhelming Response – Enrollment Closed
| INTERNATIONAL TAXATION COMMITTEE | |
| Chairman : | Rajesh L. Shah |
| Vice Chairman : | Kirit Dedhia, Harshal Bhuta |
| Convenors : | Isha A. Shekhri, Ronak Doshi, Kartik Mehta |
| Advisor : | Dilip J. Thakkar |
On 12 June 2019, the Indian Government announced its ratification of the Multilateral Instrument (MLI) to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting. The MLI will modify provisions of existing Indian tax treaties. The impact of the MLI on India’s tax treaties is significant and requires careful consideration for various transactions, including existing investment structures and business arrangements.
In light of these developments, the International Taxation Committee has considered it prudent to hold a course to provide an overview of the BEPS implications, and also look at how India and other countries will implement BEPS outcomes in their domestic legal and tax systems.
The course will pay significant attention to the MLI, India’s position on the MLI provisions, covered tax treaties, options, notifications and the reservations made by the countries. Impact on Indian treaties will be discussed.
The course will also provide an update on outcome of the BEPS Project and the pending actions points.
Who Should Attend?
The course is suitable for practitioners in tax advisory firms, CFOs and tax heads in industry, and tax revenue officials.
| Day & Date | : | Friday, 4th & Saturday, 5th October, 2019 Friday, 11th & Saturday, 12th October, 2019 |
| Time | : | 9.00 a.m. to 5.30 p.m. |
| Venue | : | Terrace Hall, Hotel West End, Churchgate, Mumbai-400 020 |
| Sr. No. | Topics | Speakers |
| 1 | Key Note Address | Eminent Faculty |
| 2 | Introduction to BEPS/Multilateral Instruments (MLI) | CA T. P. Ostwal |
| 3 | BEPS Motivated Domestic Law Measures [Sec 94B ,CBCR, Global Trends] | CA Vispi Patel |
| 4 | Other anti-avoidance measures [Dual resident entities, PE in third jurisdictions and Jurisdiction’s right to tax its own residents] | CA Hariharan Gangadharan |
| 5 | Taxation of Digital Economy [Global Trends (Including Significant Economic Presence)] | CA Rashmin Sanghvi |
| 6 | Attribution of profits to PE [OECD and CBDT draft report on Attribution of Profits] | CA Karishma Phaterphekar |
| 7 | Transparent entities and elimination of double tax [Articles 3 and 5 of MLI (BEPS Action 2 report] | CA Naresh Ajwani |
| 8 | MLI Implementation in India and Global Trends – Key Issues and What Next? Exchange of Information and Tax Transparency |
Dr. Vinay Kumar Singh |
| 9 | Prevention of Treaty abuse [Preamble to the DTA, Principal Purpose Test (PPT) Articles 6 and 7 (BEPS Action 6 report), Interplay between GAAR and PPT, Safeguards for an Indian deductor while granting treaty benefit. Is sec 197 only the safest option? Changes in OECD Model/ Commentary. India’s position: Other countries MLI positions – e.g. USA, Singapore, Mauritius, UK, Luxembourg, Netherland, Japan, Ireland, Sweden and France etc.] | CA Geeta Jani |
| 10 | Prevention of Treaty abuse [Limitation of Benefits (LOB) Rule, Simplified Limitation on Benefit (SLOB) Article 7 (BEPS Action 6 Report), Interplay between General Anti Avoidance Rule (GAAR), LOB and SLOB, Changes in OECD Model/ Commentary and India’s position] | CA Vishal Gada |
| 11 | Other anti-avoidance measures [Dividend and Capital Gain on immovable property – Articles 8 and 9 of MLI (BEPS Action 6 report), Changes in OECD Model/ Commentary and India’s position] | CA Nilesh Kapadia |
| 12 | Panel Discussion on Prevention of Treaty Abuse | Chairman: CA Gautam Doshi Panelists: CA Anish Thacker CA Yogesh Thar |
| 13 | Artificial avoidance of PE status [Commissionaire and Agency PE, Amendment in Explanation 2 to Section 9(1)(i) – Analysis – Articles 12 and 15 of MLI (BEPS Action 7 report), Analysis of treaties which will change and points to be kept in mind while entering into a transaction and while dealing with Section 195.] | CA Radha Kishan Rawal |
| 14 | Artificial avoidance of PE status through specific activity exemptions and anti-fragmentation rules, Preparatory and Auxiliary activity Exemption – Articles 13 and 15 of MLI (BEPS Action 7 report) | CA Paresh Parekh |
| 15 | Splitting of contracts [Construction PE – Articles 14 and 15 of MLI (BEPS Action 7 report), Analysis of treaties which will change and points to be kept in mind while entering into a transaction] | CA Vishal J. Shah |
| 16 | Panel Discussion on Artificial Avoidance of PE Status | Chairman: CA Padamchand Khincha Panelists: Mr. Rahul Navin and CA Vishal J. Shah |
Eminent Faculties will address the Course