Introduction to International Taxation Agenda

• William B. Sherman, Esq., Partner, Holland & Knight, Fort Lauderdale, FL
• Michael J. Miller, Esq., Partner, Roberts & Holland, New York, NY

This session covers the rules governing source of income; US trade or business; effectively connected income; FDAP income; withholding taxes; FIRPTA; branch profits tax; branch level interest tax; earnings-stripping; anti-conduit financing; and the base erosion anti-abuse tax (BEAT).

• Summer Ayers LePree, Esq., Partner, Baker & McKenzie, Miami, FL
• Michael J. Miller, Esq., Partner, Roberts & Holland, New York, NY
• Jeffrey Rubinger, Esq., Partner, Baker & McKenzie, Miami, FL

Tax treaties modify the statutory tax rules affecting cross-border taxation. This session explores the typical provisions of such treaties, who is eligible to benefit under a treaty, and how a treaty modifies the tax rules that would otherwise apply.

• David Shapiro, Esq., Partner, Saul Ewing, Philadelphia, PA

Cross-border transactions between related persons are subject to the transfer pricing rules of Section 482. This session addresses the general rules of Section 482 and the specific applications of those rules to certain categories of transactions, including transfers of tangible and intangible property; and services and loans. The session also explores the economic analysis relevant to transfer pricing; correlative relief; and cost- sharing agreements.

• Kieran Taylor, Managing Director, Economic and Valuation Services (Transfer Pricing), KPMG, New York, NY

Subpart F is the principal anti-deferral regime of the Internal Revenue Code providing for taxation of US shareholders of controlled foreign corporations (CFC). This session explores the definitions of a CFC and US shareholder; the types of subpart F income; exceptions and limitations on subpart F income; Section 956 inclusions; and distributions of previously taxed income. The session also addresses the addition of the “GILTI” rules to the Subpart F regime.

• Lucas Giardelli, Esq., Partner, Mayer Brown, New York, NY
• William B. Sherman, Esq., Partner, Holland & Knight, Fort Lauderdale, FL

The US taxation of US persons who are shareholders of passive foreign investment companies (PFIC) is complex and often misunderstood. This session covers the definitional provisions of the PFIC rules and the alternative methods of taxation of US shareholders of a PFIC.

• John D. Bates, Esq., Principal, Deloitte, Washington, DC
• Jason Robertson, Esq., Principal, Deloitte, Washington, DC

Reporting and disclosure are the fundamental tools used by governments to enforce their domestic tax laws. In recent years, the laws requiring reporting and disclosure have been dramatically expanded and the penalties for failure to comply with such laws have been substantially increased. This session details the numerous US reporting and disclosure obligations applicable to international investment and transactions and the penalties for failure to comply. The session also addresses ethical issues confronted by taxpayers with compliance problems and their tax advisors.

• Jeffrey S. Levin, Partner, Squire Patton Boggs, New York, NY

The US imposes worldwide taxation on US citizens, residents, and US business entities. This session explores how the provisions of Sections 901, 904, and 960 provide for, and limit the ability of such US taxpayers to claim, tax credits for foreign taxes that they pay directly and indirectly.

• Martin T. Hamilton, Partner, Proskauer Rose, New York, NY

The rules of Sections 367 and 7874 are intended to curb the ability of US taxpayers transfer to a foreign corporation US assets and stock in transactions that would otherwise qualify under US tax law as tax-free, and to prevent US business entities from inverting and becoming foreign owned. This session provides an overview of the mechanisms of both Sections 367 and 7874 and the consequences of failing to satisfy their requirements.

• Joseph M. Calianno, JD, LLM, MBA, CPA, Managing Director; Andersen Tax, Washington, DC

Foreign individuals who invest in or move to the US are confronted with structuring and planning to minimize US income and estate and gift taxation, as well as integrating the US rules with their home country tax rules. This session addresses the application of the US rules and planning considerations for such foreign individuals.

• Thomas M. Giordano-Lascari, Esq., Partner, Karlin & Peebles, Los Angeles, CA
• Michael J.A. Karlin, Esq., Partner, Karlin & Peebles, Los Angeles, CA

This session incorporates the disparate rules covered in the preceding sessions into case studies dealing with both outbound and inbound investment scenarios and provides a review of the material covered during the entire program.

• Alan I. Appel, Esq., Professor of Law, New York Law School, New York, NY
• Michael J. Miller, Esq., Partner, Roberts & Holland, New York, NY
• William B. Sherman, Esq., Partner, Holland & Knight, Fort Lauderdale, FL