12TH ANNUAL
TAX PLANNING STRATEGIES U.S. AND EUROPE
HOFBURG CONGRESS CENTER • VIENNA, AUSTRIA 29-30 MARCH 2012 WEALTH MANAGEMENT WORKSHOP • ERSTE BANK • 28 MARCH
CONFERENCE BROCHURE
USA Branch
Dear Colleagues: I hope you will take a moment to review the program for the 12th Annual Tax Planning Strategies – U.S. and Europe Conference to be held at the Hofburg conference facility on 29-30 March in Vienna, Austria. As in the past, this conference will be a unique collaboration of the American Bar Association Section of Taxation, the International Fiscal Association – USA Branch and Regional European Branches, the International Bar Association Taxes Committee, the American Bar Association Section of International Law International Taxes Committee and the Institute for International Taxation, Inc. For the first time this year, participants will also be offered the option to register for a special preconference workshop on international wealth management and private client planning to be held on the afternoon before the Conference at Erste Bank’s private conference center close by the Hofburg. Registration for this workshop is possible either as an add-on to the Conference itself or separately for those who specialize particularly in this area. The workshop sessions will assemble an outstanding group of professionals and planners working primarily in this area to speak to the topics which have been selected. This year has signaled some growth but a continued uncertainty as to the future both in Europe and the U.S. Governments continue to focus on the task of searching for ways to raise revenues to fund the staggering deficits which are the legacy of the global financial crisis, while at the same time attempting to attract new capital to kick-start domestic economic growth. Tax administrations are increasingly focusing their attention on their relationships with their major trading partners and revisiting their treaty relationships as part of an effort internationally, directed to review of structures and strategies designed to secure tax benefits through arbitrage and to increased collaboration to obtain information on their taxpayers engaged in off-shoring of profits in tax havens. A week does not go by without some announcement of a new government initiative by some jurisdiction geared to impact international business or investment. As tax professionals we have the almost impossible task of keeping abreast of these developments. This year’s Conference will again focus on developments in international tax planning, but, given the location of the Conference, with special attention to opportunities in the CEE/SEE Region. Subjects to be covered will include an update on current investment fund models, opportunities for using European holding regimes for investment but also for trading operations to mitigate the burden of taxation on corporate profits, the latest in transfer pricing from the perspective of industry representatives from Europe’s largest companies, recent financial products and structures and a close look at domestic and bilateral abuse concepts and their impact on planning. The Conference will continue to use the case study approach to highlight the hands-on experience of leading tax professionals and in-house tax executives in transactions in which they played a role. Participants will receive critical insights as to recent legislative and judicial developments as well as views of market leaders as to what is in store for the future. I encourage you to participate in this exceptional opportunity to share in shaping ideas which will provide the basis for international tax planning in future by registering for this very important event. Sincerely
Elinore J. Richardson President Institute for International Taxation, Inc.
12th Annual Tax Planning Strategies – U.S. and Europe http://meetings.abanet.org/meeting/tax/vienna2012
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MITTWOCH
Wednesday, 28 March
CONFERENCE CO-CHAIRS Elinore J. Richardson, IITI, Toronto, ON, Canada (IITI) Joan C. Arnold, Pepper Hamilton LLP, Philadelphia, PA, USA (ABA Section of Taxation) Dirk J.J. Suringa, Covington & Burling LLP, Washington, DC, USA (IFA USA Branch) Christian Wimpissinger, Binder Grösswang, Vienna, Austria (IBA Taxes Committee) Gerald Gahleitner, LeitnerLeitner, Linz, Austria Clemens Philipp Schindler, Wolf Theiss, Vienna, Austria
WEALTH MANAGEMENT WORKSHOP Venue: Erste Bank, Graben 21, Vienna Sponsored by: 1230 – 1330 Registration of Delegates
1500 – 1530 Networking Break
1330 – 1500 Why International Private Clients Like Europe: Effective European Planning Structures
1530 – 1700 Transatlantic Wealth Management – Issues in Planning When Combining Civil and Common Law Jurisdictions
Co-Chairs Richard J. Hay, Stikeman Elliott LLP, London, England Niklas Schmidt, Wolf Theiss, Vienna, Austria
Co-Chairs Clare Maurice, Maurice Turnor Gardner LLP, London, England Christian von Oertzen, Flick Gocke Schaumburg, Frankfurt am Main, Germany
12th Annual Tax Planning Strategies – U.S. and Europe http://meetings.abanet.org/meeting/tax/vienna2012
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Thursday, 29 March
DONNERSTAG
0800 – 0845 Breakfast
Registration of Delegates and Continental
1330 – 1430
0845 – 0900
Conference Opens with Chairs Remarks
1430 – 1600 Workshop A Austria: The Competitive Investment Platform for Cross-Border Investment
0900 – 1030 Plenary Session International Tax Developments: Competition Between Source and Residence States and the Impact on Multinationals Co-Chairs Stephen Edge, Slaughter and May, London, England Elinore J. Richardson, IITI, Toronto, ON, Canada 1030 – 1045
Networking Break
1045 – 1215 Workshop A Investment into the CEE: Structuring for Tax Efficiency Co-Chairs Sam Kaywood, Alston & Bird LLP, Atlanta, GA, USA Dariusz Wasylkowski, Wardynski & Partners, Warsaw, Poland 1045 – 1215 Workshop B Permanent Establishment: Mitigating Taxation on Trading and Services Income Co-Chairs Seth J. Entin, Greenberg Traurig, P.A., Miami, FL, USA Christian Wimpissinger, Binder Grösswang, Vienna, Austria 1045 – 1215 Workshop C Group Taxation: Use of Cross-Border Losses in Tax Planning Co-Chairs Paul Doralt, DORDA BRUGGER JORDIS Rechtsanwälte GmbH, Vienna, Austria Lucie Vorlíčková, VORLÍČKOVÁ PARTNERS, Prague, Czech Republic 1215 – 1230
Networking Break
1230 – 1330 Plenary Session International Round-Up: U.S. International Tax Reform and Its Impact Abroad Co-Chairs Barbara Angus, Ernst & Young LLP, Washington, DC, USA Peter Canellos, Wachtell, Lipton, Rosen & Katz, New York, NY, USA Pamela Olson, PricewaterhouseCoopers LLP, Washington, DC, USA
Networking Lunch
Co-Chairs Gerald Gahleitner, LeitnerLeitner, Linz, Austria Richard M. Lipton, Baker & McKenzie LLP, Chicago, IL, USA 1430 – 1600 Workshop B Tax Risk Management by Multinationals: Managing Tax Audits in Light of Recent Tax Litigation Co-Chairs Reeves C. Westbrook, Covington & Burling LLP, Washington, DC, USA Wilhelm Haarmann, HAARMANN Partnerschaftsgesellschaft, Frankfurt am Main, Germany 1430 – 1600 Workshop C Cross-Border Investment Planning: Use of FTCs and Other Strategies to Reduce Tax on Investment Cash Flows Co-Chairs Stuart Chessman, Vivendi S.A., New York, NY, USA Kevin Keyes, Fried, Frank, Harris, Shriver & Jacobson LLP, Washington, DC, USA 1600 – 1630
Networking Break
1630 – 1800 Concurrent A Reorganizations/Divestitures/Spin-Offs Co-Chairs Peter Blessing, Shearman & Sterling LLP, New York, NY, USA Clemens Philipp Schindler, Wolf Theiss, Vienna, Austria 1630 – 1800 Concurrent B The Latest in Financial Products and Instruments: What Works and What Does Not Co-Chairs Patrick Mears, Allen & Overy LLP, London, England Stephen L. Gordon, Cravath, Swaine & Moore LLP, New York, NY, USA 1830 – 2000 Cocktail Reception at City Hall
12th Annual Tax Planning Strategies – U.S. and Europe http://meetings.abanet.org/meeting/tax/vienna2012
Sponsored by:
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FREITAG
Friday, 30 March 0800 – 0830 Breakfast
Registration of Delegates and Continental
0830 – 1030 Concurrent A Transfer Pricing: The Industry Perspective Co-Chairs Danny Beeton, Freshfields Bruckhaus Deringer LLP, London, England Thomas M. Zollo, KPMG LLP, Chicago, IL, USA 0830 – 1030 Concurrent B Challenging Aggressive Tax Planning Domestically: The Impact of Tax Treaties on Source State Options Co-Chairs René Beltjens, Alter Domus, Luxembourg, Luxembourg Carol P. Tello, Sutherland Asbill & Brennan LLP, Washington, DC, USA 1030 – 1100
Networking Break
1100 – 1230 Workshop A Supply Chain/Contract Manufacturing Restructuring for Multinationals Co-Chairs Albert Collado, Garrigues, Barcelona, Spain Hal Hicks, Skadden, Arps, Slate, Meagher & Flom LLP, Washington, DC, USA
1100 – 1230 Workshop B Collective Investment Vehicles: Issues in Cross-Border Investment Co-Chairs Herbert Buzanich, Schoenherr, Vienna, Austria Gordon E. Warnke, Dewey & LeBoeuf LLP, New York, NY, USA 1100 – 1230 Workshop C Representing a Client in a Cross-Border Transaction – How Differences in Practice Can Crater the Deal Co-Chairs Kimberly S. Blanchard, Weil, Gotshal & Manges LLP, New York, NY, USA Stanley C. Ruchelman, The Ruchelman Law Firm, New York, NY, USA 1230 – 1330
Networking Lunch
1330 – 1530 Plenary Session Mergers And Acquisitions Update Co-Chairs Paul Sleurink, De Brauw Blackstone Westbroek, Amsterdam, The Netherlands Andrew P. Solomon, Sullivan & Cromwell LLP, New York, NY, USA 1530
12th Annual Tax Planning Strategies – U.S. and Europe http://meetings.abanet.org/meeting/tax/vienna2012
Conference Closes
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Conference Organizers
VERANSTALTER
American Bar Association Section of Taxation 740 15th Street, NW Washington, DC 20005, USA www.americanbar.org/tax The mission of the ABA Section of Taxation is to serve its 21,000 members and the public through education and leadership and to achieve an equitable, efficient and workable tax system. The Section of Taxation provides education and analysis on the latest administrative, judicial and legislative developments concerning federal, state and international taxes. Its publications, continuing legal education programs and expert advice help you understand the constantly changing landscape of tax law. To join the Section of Taxation, please visit: http://www.americanbar.org/join International Fiscal Association – USA Branch Steven J. Cohen – President c/o IFA USA Branch 2604 Elmwood Avenue, Suite 347 Rochester, NY 14618, USA www.ifausa.org
USA Branch
Formed in 1938, the International Fiscal Association (IFA) is a leading non-governmental, international organization dealing with tax matters. The USA Branch is the largest national IFA branch, with approximately 1,000 members. The Branch hosts a two-day conference in late February/early March of each year with presentations by eminent international tax experts on topics, planning ideas and issues of current importance. The USA Branch also holds joint meetings each year with branches from other countries. International Bar Association Taxes Committee 10th Floor, 1 Stephen Street London W1T 1AT, England www.ibanet.org The International Bar Association (IBA) is the world’s leading organization of international legal practitioners, bar associations and law societies. The IBA influences the development of international law reform and shapes the future of the legal profession throughout the world. It has a membership of over 45,000 individual lawyers and 200 bar associations and law societies spanning all continents. It has considerable expertise in providing assistance to the global legal community as well as being a source of distinguished legal commentators for international news outlets. Institute for International Taxation, Inc. c/o Baker & McKenzie LLP 130 East Randolph Drive, Suite 3900 Chicago, IL 60601, USA www.int-tax.org American Bar Association Section of International Law 740 15th Street, NW Washington, DC 20005, USA www.americanbar.org/intlaw
12th Annual Tax Planning Strategies – U.S. and Europe http://meetings.abanet.org/meeting/tax/vienna2012
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General Information
INFORMATIONEN
CLE Credit
You must be registered for the Conference in order to attend and be eligible to receive CLE credit. Accreditation has been requested from every U.S. state with Mandatory Continuing Legal Education (MCLE) requirements for lawyers. However, please note that each state has its own rules and regulations, including its definition of “CLE” and requirements for approval. Therefore, the ABA cannot guarantee all CLE credits will be approved by each state. Call the ABA Section of Taxation at +1 (202) 662-8670 with any questions pertaining to the number of credit hours granted by each state.
CPE Credit
The ABA Section of Taxation is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org.
ABA Open Meetings Policy
In accordance with the ABA Open Meetings Policy, all ABA programs are open to the media unless they are to conduct business sessions of a confidential nature. The Association encourages media coverage of its activities. If you have questions about this policy, please contact the Tax Section’s main office at +1 (202) 662-8670.
Photography and Video
Content Disclaimer
All Conference content, including live, recorded, and written presentations, represents the opinions of the authors and speakers and should not be construed to be those of either the American Bar Association or Section of Taxation unless adopted pursuant to the bylaws of the Association. Nothing contained herein is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel. This Conference content and any forms and agreements herein are intended for educational and informational purposes only. All rights reserved. No part of these materials may be reproduced, stored in a retrieval system, or transmitted, in any form by any means, electronic, mechanical, photocopying, recording, or otherwise, without the written permission of the American Bar Association.
Book your flight to the Conference online at www.austrian.com and save 10% on all applicable fares! To do so, simply enter the following code in the eVoucher/Gutschein field on the Austrian homepage booking-engine: Code: TAX12 Conditions: • Booking period: from now until 30 March 2012 • Valid for flights to Vienna and return as of 14 March 2012 until 13 April 2012 (final date for return flight) on OS flight numbers.
Note that by attending the Conference, attendees have agreed to the terms of the American Bar Association Image/Audio/Video Release which allows images, audio, and video recorded on site to be used for educational and promotional purposes by the American Bar Association.
12th Annual Tax Planning Strategies – U.S. and Europe http://meetings.abanet.org/meeting/tax/vienna2012
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REGISTRIEREN
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12th Annual Tax Planning Strategies – U.S. and Europe http://meetings.abanet.org/meeting/tax/vienna2012
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PROGRAMM
Conference Sessions
Please indicate below which sessions and events you plan to attend. Conference Program Friday, 30 March 2012
Wealth Management Workshop Wednesday, 28 March 2012 1330 – 1500: Why International Private Clients Like Europe: Effective European Planning Structures
CONCURRENT SESSIONS, 0830 – 1030 (please select one) || Transfer Pricing: The Industry Perspective
1530 – 1700: Transatlantic Wealth Management – Issues in Planning When Combining Civil and Common Law Jurisdictions
|| Challenging Aggressive Tax Planning Domestically: The Impact of Tax Treaties on Source State Options
Conference Program Thursday, 29 March 2012
WORKSHOPS, 1100 – 1230 (please select one) || Supply Chain / Contract Manufacturing Restructuring for Multinationals
PLENARY SESSION, 0900 – 1030 International Tax Developments: Competition Between Source and Residence States and the Impact on Multinationals
|| Collective Investment Vehicles: Issues in Cross-Border Investment
WORKSHOPS, 1045 – 1215 (please select one) || Investment into CEE: Structuring for Tax Efficiency
NETWORKING LUNCH, 1230 – 1330
|| Permanent Establishment: Mitigating Taxation on Trading and Services Income || International Movement of Employees: The Corporate Tax Perspective PLENARY SESSION, 1230 – 1330 International Round-Up: U.S. International Tax Reform and Its Impact Abroad
|| Representing a Client in a Cross-Border Transaction – How Differences in Practice Can Crater the Deal PLENARY SESSION, 1330 – 1530 Mergers and Acquisitions Update
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NETWORKING LUNCH, 1330 – 1430
|| Payment by check made payable to the ABA Section of Taxation. (Please include a copy of this form with your mailed check.)
WORKSHOPS, 1430 – 1600 (please select one) || Austria: The Competitive Investment Platform for Cross-Border Investment
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|| Tax Risk Management by Multinationals: Managing Tax Audits in Light of Recent Tax Litigation
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CONCURRENT SESSIONS, 1630 – 1800 (please select one) || Reorganisations / Divestitures / Spin-Offs
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|| The Latest in Financial Products and Instruments: What Works and What Does Not
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The ABA Section of Taxation, IFA USA Branch, IBA Taxes Committee, and IITI thank our sponsors for their support of the 12th Annual Tax Planning Strategies – U.S. and Europe
BRONZE SPONSOR*
LAW FIRM SPONSORS*
THE RUCHELMAN LAW FIRM Attorneys at Law
GARRIGUES
PUBLISHING SPONSORS*
*This page represents confirmed sponsorships received by the ABA as of 14 December 2011. This page will be updated on a regular basis.
