How to manage the new tax environment: risks or opportunities? | CMS Annual Tax Conference

This is a time of change. New concepts, new guidelines, new measures… Companies now have to deal with a more open, but also a more complex, tax environment. In the coming years, tax managers will have to adapt and take advantage of the opportunities offered by these new challenges.

The CMS member firms, under the overall chairmanship of Thierry Granier, a partner at CMS in France, will address three topical issues through workshops, followed by a plenary session.

A cocktail lunch will open the session.

After the conference, a private visit will take place at the Orsay Museum, followed by a cocktail reception in this prestigious place.

PROGRAMME

12:30-14:30 Cocktail lunch at Maison des Polytechniciens
14:30-14:45 Introduction by Thierry Granier
14:45-16:00 1st workshop session
16:00-16:30 Coffee break
16:30-17:45 2nd workshop session

A choice of 3 workshops will be held at 14:45 and repeated at 16:30 to allow participants to attend 2 different workshops.

1 - Tax deontology and reputational risk
Moderated by Víctor Hernán (CMS in Spain)
Speakers: Richard Croker (CMS in the United Kingdom), Agnès de l'Estoile-Campi (CMS in France), Dominique Tissot (CMS in Russia)

Where does the limit of tax planning lie? Is it enough to strictly comply with the law? What are the legislative and administrative trends? What restrictions are being imposed now or are likely to be imposed in the future whether through the OECD, Europe or nationally? As tax strategies are now debated at director level, tax directors must advise not only on what is legal, but also on what may be acceptable. This workshop will give an overview of the new constraints in terms of legislation, tax audit trends and public perception of tax planning in various European Countries. Our experts will also leverage their experience to discuss the practical implications for companies to assess their tax optimization opportunities.

2 - Mutual Agreement Procedures: an alternative litigation strategy?
Moderated by Bruno Gibert (CMS in France)
Speakers: Angelika Thies (CMS in Germany), Giovanni Calì (CMS in Italy)

International procedures have been implemented to resolve international tax disputes which involve cases of double taxation. The so-called Mutual Agreement Procedures are often used after the adjustment of transfer prices by the tax authorities, resulting in an increase of taxable income. Such adjustments lead to a double taxation situation if the determination of transfer prices in the different countries involved are not harmonized. In this workshop, CMS lawyers will present the main steps of the double taxation elimination procedures as well as the practical difficulties that must be faced during such procedures.

3 - M&A in Europe: where do we stand?
Moderated by Thomas Link (CMS in Germany)
Speakers: Jochen Baumann (Vice president at DBAG in Germany), Aaron Fairhurst (CMS in the United Kingdom), Laurent Hepp (CMS in France), Vincent Marquis (CMS in Luxembourg)

After several years of sluggish M&A markets, major transactions have recently been completed. While M&A players are ready to get back onto the field, taxation remains a decisive source of added value when structuring M&A transactions. Our experts will provide an overview of the most burning issues raised by M&A practice, including holding-related tax topics (jurisdiction of incorporation, interest deduction constraints, substance requirements) and management of tax indemnity questions. This workshop will include a case study which will illustrate how M&A players can manage local European tax constraints and seize tax opportunities.

17:45-18:45 Plenary session

Digital economy: a new paradigm for profit taxation?
Moderated by Thierry Granier (CMS in France)
Guest speakers: Laurence Brochet (Tax Director Group - Dassault Systèmes), Pierre Collin (French Conseiller d'Etat)

Developed countries are facing new challenges when designing a new framework for the taxation of digital economy. Various business models resulting in an ever-changing industry landscape are of the essence of digital economy. In this context, a crucial question exists in identifying stable criteria that could characterize the generation of value in this sector with a view to tracking down where this added value may be located for taxation purposes. This matter is thus being examined by the OECD. France also requested an assessment of this question: Nicolas Colin and Pierre Collin recently issued a report on the taxation of the digital economy which explores innovative concepts that may affect the international tax rules. Do we really need to create a new set of rules for the taxation of digital economy sector? Would these new tax concepts not produce side-effects on non-digital businesses?

19:00-23:00 Private visit of the Orsay Museum followed by a cocktail reception