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Global Institute on International Taxation 2019


Speaker(s): Adrian Gregory, Amelia O'Beirne, Ben Jones, Ceri Stoner, Dan Neidle, Dominic Stuttaford, Erika Jupe, Helen Buchanan, Jason Collins, Jonathan Cooklin, Lesley P. Adamo, Malcolm Gammie, Maura Parsons, Paul Williams, Ray McCann, Sandy Bhogal, Steve Labrum, Tom Patten, Yash Rupal
Recorded on: Jun. 19, 2019
PLI Program #: 269332

Adrian is the PwC lead for intellectual property and intangibles tax advice. He advises IP rich businesses across a range of industry sectors on IP models, M&A transactions, internal restructuring, patent box and HMRC enquiries. Adrian regularly interacts with HMRC head office specialists responsible for intangible assets and patent box.


Amelia O'Beirne is a Tax Partner in the Firm's Dublin office. She has extensive experience of advising domestic and international clients on the tax aspects of corporate restructurings, complex cross border financing transactions, US multinational tax planning, mergers and acquisitions. She advises a broad base of clients in various business sectors, including insurance, manufacturing, pharmaceuticals, investment funds, banking and aircraft leasing.

Amelia is a member of the American Bar Association and International Bar Association. Amelia served as National Reporter for Ireland to the International Bar Association Taxes Committee 2013, 2014.

 


Ben is Head of the London Tax Group and has significant experience advising on a wide range of national and international corporate tax matters.

He advises on all tax issues associated with M&A transactions, reorganisations, equity and debt fund raising, investment and expansion activities, commonly on a cross-border basis. His practice focusses on transaction structuring and tax advisory matters, with particular experience advising private equity, financial institution and energy sector clients.

Ben also has particular expertise and experience advising M&A and tax insurance underwriters on tax risks as part of W&I/R&W and specific tax risk policies, an area in which Ben has been active for over 10 years.     

Ben’s recent experience includes advising Rolls-Royce on the £500m sale of its commercial marine division to Kongsberg Gruppen ASA; advising Shell on the $329m sale of Shell Exploration and Production Oman Limited to Indian Oil Corporation; advising Cynergy Capital Limited on its £103m acquisition of Bank of Cyprus’ UK banking operations; advising insurance sector clients such as AIG, Zurich, Aviva and HCC Tokio Marine on tax risk insurance policies; advising listed asset management business Gresham House plc on the establishment of a series of private equity and investment funds; advising blockchain solutions provider 20|30 Limited on the first ever FCA regulated equity ICO; advising the Chinese National Nuclear Corporation on its investment in the £16bn development of the Hinkley Point C nuclear power plant.

Ben regularly provides expert commentary on tax issues in the international press, with interviews on the BBC and Bloomberg TV and coverage in the Times, the Telegraph, the Guardian, The Financial Times, the Economist, the Wall Street Journal, the New York Times, the International Herald Tribune and Reuters amongst other publications.

Ben also lectures tax professionals on taxation issues at King’s College, London and the University of Law, and regularly contributes articles to national and international taxation publications. 

 


Ceri is a partner in Wiggin's tax group advising companies across all aspects of their taxation requirements, including tax transformation projects, with particular expertise in the technology and media sectors. She has a broad range of experience advising in relation to mergers and acquisitions, special projects, corporate structuring and re-organisations, as well as incentive arrangements for management and other employees.

Ceri’s practice also includes advising on investment fund formation and carried interest arrangements, asset management and new start up business structures.

Ceri is a member of the ICAEW Tax Faculty’s digital service tax working group and ICAEW employment tax and NIC committee. She is also a contributing author to Tax Journal and LexisPSL Share Incentives and a specialist speaker for LexisWebinars and at various external professional conferences.

Prior to working at Wiggin, Ceri was at Mishcon de Reya and Ashurst.


Dan Neidle specialises in UK finance and corporate tax, with a particular interest in international tax, supranational taxation and tax policy. His clients include leading financial institutions and corporates, as well as regulators, governments and industry bodies.

Dan also advises financial institutions, corporates, industry bodies and campaigning groups on UK electoral law.


Dominic Stuttaford is head of tax for Europe, the Middle East, Asia and Brazil, and is based in London. He focuses on the tax aspects of corporate finance and other finance transactions and structures, with a particular interest in the insurance and technology sectors. He trained at the firm and became a partner in 1999.

Dominic’s experience includes: mergers and acquisitions of public and private companies; group restructurings; acquisitions; and other finance structures.

Dominic has been recommended in Chambers and Partners and Legal 500 and has been described as “extremely bright”, with clients remarking that “he can be relied upon to come up with the right answers”. Chambers UK 2015 states that "he is very proactive, thorough and knowledgeable, and always delivers what we need, when we need it." Dominic has been recognised as a leading corporate tax lawyer by Who’s Who Legal, 2014.

Dominic is a member of the Law Society International Tax Committee and the Chartered Institute of Taxation (CTA). He is on the editorial committee of the Practical Law for Companies (PLC).

 


Erika is a Partner in our corporate tax practice and heads the International tax practice group. She has over 25 years’ experience advising both UK and multinational clients on a broad range of tax issues.

Her work covers standalone tax advice as well as transactional work. Her broad practice covers value added tax, stamp duties, employee and cross-border tax issues, including work on mergers and acquisitions, joint ventures, flotations and other corporate finance transactions.

She is renowned for her work for international clients of the firm; including representing overseas companies investing in the UK and Europe and acting for European clients investing further afield. She works closely with Osborne Clarke’s international offices.

Erika is a member of the UK committee of the International Fiscal Association and is recognised as one of the “International Women in Tax Leaders” by International Tax Review. 

 

 


Helen leads the firm’s tax disputes practice, advising clients on complex UK and international tax disputes across all sectors.

Her caseload spans diverted profits tax, transfer pricing and valuation disputes, permanent establishment and controlled foreign company (CFC) issues, employment taxes (including off-payroll working), capital gains and transfer taxes, VAT, insurance premium tax (IPT) and tax fraud.

She has extensive UK and international litigation experience (including judicial review) and, as a CEDR-accredited mediator, also has a strong track record of resolving cases out of court.

Alongside her contentious practice, Helen advises on a wide range of corporate and finance transactions, including M&A, joint ventures, securitisations, leveraged finance, debt restructurings and corporate reorganisations.

Her sector experience includes energy and natural resources, infrastructure, TMT, hospitality, pharmaceuticals, insurance and banking.

She is ranked in Band 1 for contentious tax by Chambers & Partners and is listed as a leading individual by the Legal 500.

Disputes and other contentious issues

  • Advising various multinational clients on disputes relating to transfer pricing, valuation, diverted profits tax (DPT), controlled foreign company (CFC) and permanent establishment risk.
  • Advising a UK corporation on employment tax disputes affecting a substantial section of its workforce.
  • Advising on a number of African tax disputes, including indirect capital gains tax and tax treaty disputes.
  • Advising a UK group on a potential tax fraud investigation.
  • Advising on international tax and data protection issues involving the digital economy.
  • Advising various groups on “unallowable purposes” challenges.
  • Advising on the European Commission’s CFC state aid ruling.

 


Jason is one of the leading tax practitioners in the UK. He specialises in representing corporate and individual clients who are the subject of a tax audit by HMRC in all aspects of direct tax and VAT, as well as tax treaty and State aid disputes involving other jurisdictions. He has helped corporates engaged by HMRC in its High Risk Corporates Programme and, where necessary, handles litigation before the Tax Courts and all the way through to the Court of Justice - with a particular expertise in class actions and "Group Litigation Orders". Jason also represents clients under criminal investigation, including representation at "dawn raids" and interviews under caution. He is a leading expert on the Criminal Finances Act 2017 tax offences, tax information exchange, including the OECD's Common Reporting standard, and cross-border tax investigations. Jason is a Committee member of the Chartered Institute of Taxation and is consistently top-ranked in Legal 500 and Chambers, which says he has a "stellar reputation and is a go-to for tax dispute resolution."

Acted for/advised:

  • BT Pension Fund Trustees, and around 100 other pension funds, in the foreign income dividend and tax credit group litigation. Matter value £2bn. This was the first UK tax case to be heard by the Court of Justice of the European Union since the 'Brexit' vote.
  • On the ground-breaking judicial review challenge in Rowe v HMRC, concerning HMRC’s new accelerated payment notice powers
  • Molson Coors in their recent success against HMRC in Molson Coors v HMRC
  • British Coal as lead claimant and 50 of the UK's largest employer pension funds
  • Cantor Fitzgerald in its dispute with HMRC relating to VAT on certain purchases of emissions allowances ("carbon credits") issued under the European Union Emissions Trading Scheme
  • Financial services company and a number of other multinationals on their response to the new corporate criminal offences
  • Leading agriculture company in its dispute with HMRC over the taxing of its debt investment.

Education

  • 1993, University of Manchester – LLB
  • 1996, College of Law, London – Pass with Distinction

Qualification year and jurisdiction

  • 1999 – England and Wales

Career History (most recent position held)

  • 2000 to present – Pinsent Masons LLP, Partner – Head of Litigation, Regulatory & Tax
  • 1999 to 2000 – Capsticks, Solicitor
  • 1997 to 1999 – Ironsides, Trainee Solicitor

Professional Memberships

  • Law Society of England and Wales
  • Member of Management of Taxes Sub-Committee of the Chartered Institute of Taxation
  • Member of the Council of the VAT Practitioners Group
  • Committee member of Chartered Institute of Taxation
  • Member of VAT Practitioners Group


Jonathan Cooklin is a partner in Davis Polk’s Tax Department, practising in the London office. He concentrates on corporate tax and corporate tax planning, including tax aspects of corporate finance and private equity work, public and private mergers and acquisitions, demergers, joint ventures, reconstructions, equity and debt capital markets transactions, and cross-border transactions. He also has considerable experience of advising insurance groups and on restructuring of distressed groups.  He is a member of the Tax Law Committee and International Tax Sub-Committee of the Law Society of England and Wales.  He is also a dual-qualified lawyer and chartered accountant.

 


Lesley works closely with clients, as well as her corporate colleagues, to understand clients' business objectives and help ensure that transactions are structured tax-efficiently. She provides counsel on a variety of transactional tax matters, including corporate, partnership, and individual tax issues arising at the U.S. federal, state, and international levels, and she advises clients in connection with mergers and acquisitions, joint ventures, fund formation, and the various tax issues specific to startup businesses. Lesley also has extensive experience in various other tax matters, such as cross-border transactions, blockchain transactions, private foundation excise tax issues, derivative transactions, and FATCA compliance. Recently, Lesley has been working on a variety of qualified opportunity fund matters.

Prior to joining Lowenstein Sander, Lesley was an associate at Winston & Strawn, where she focused on tax planning matters for high-net-worth individuals, multinational corporations, and investment funds. During law school, Lesley provided pro bono legal services through Fordham University School of Law's Tax and Consumer Litigation Clinic, where she represented clients in consumer transaction and tax controversy matters.

Lesley was nominated to be a 2019 Fellow with the Leadership Council on Legal Diversity. She serves as a Director on the board of the New York Women’s Bar Association Foundation. Additionally, Lesley has been recognized by Super Lawyers as a Rising Star. She holds an LL.M. in Tax from New York University of Law, a J.D. from Fordham University School of Law, and a B.A. from Amherst College.  


Maura is a recent addition to PwC, joining as a Director based in the PwC London office. Maura was previously a Deputy Director in HMRC, where she was Head of Transfer Pricing and a UK Delegated Competent Authority, responsible for transfer pricing policy as well as leading the Competent Authority teams dealing with the APA and MAP programmes.  During her time at HMRC, Maura was involved in negotiating some of the UK’s largest bilateral APAs.  She also represented the UK at the OECD’s Working Party 6 on the taxation of multinationals.  Maura has extensive expertise in transfer pricing, with particular insight into dispute resolution gained in her role as chair of the UK tax authority’s Transfer Pricing and Diverted Profits Boards.


Paul specialises in all areas of corporate taxation, and is experienced in corporate, financing, property, commercial and funds transactions and also disputes. Paul has been head of corporate tax advisory at a FTSE 100 insurance group, and so has particular experience of taking large transactions through the deal, reporting, return and enquiries cycle.

 


Ray joined Joseph Hage Aaronson LLP as Partner in 2016. He is a Fellow and former President of the Chartered Institute of Taxation with his presidency finishing on the 21st May 2019.

He specialises in contentious tax matters covering both onshore and offshore and includes HMRC disputes and investigations relating to Code 8 and Code 9. His clients range from large corporates to high net worth individuals.

Ray has more than 40 years of experience in UK and International tax issues. He previously worked at one of the Big Four accountancy firms and as a senior HMRC inspector. While at HMRC Ray oversaw the introduction of the UK’s “DOTAS” rules and prior to that had set up the Business Tax Clearance Team and the Avoidance Intelligence Unit.

 

Qualifications Include:

President of the Chartered Institute of Taxation, 2018

Chartered Tax Advisor Fellow

Association of Taxation Technicians and the Worshipful Company of Tax Advisers Member

Member of the Chartered Management Institute. 


Sandy Bhogal is a partner in the London office of Gibson, Dunn & Crutcher and a member of the firm’s Tax Practice Group.

Mr. Bhogal experience ranges from general corporate tax advice to transactional advice on matters involving corporate finance & capital markets, structured and asset finance, insurance and real estate. He also has significant experience with corporate tax planning and transfer pricing, as well as with advising on the development of domestic and cross border tax efficient structures. He also assists clients with tax authority enquiries, wider tax risk management and multi-lateral tax controversies.

Mr. Bhogal is listed as a leading tax adviser in Chambers and Legal 500.

Prior to joining Gibson Dunn, Sandy was head of tax at Mayer Brown, and prior to that was associated with Ernst & Young LLP and with a leading international legal practice.      

 


Steve Labrum joined Baker & McKenzie's Transfer Pricing practice in 2016. Prior to joining the firm he spent over twenty years in the Big Four in various leadership roles, which included leading a global Financial Services Transfer Pricing team.  Steve's transfer pricing experience covers transfer pricing policy design, business restructuring, global documentation, implementation, and resolving and preventing controversy with tax authorities.

His experience in the area of policy design has focused on developing transfer pricing policies that are aligned with the creation of value in an organisation and consistent with the substantial changes to the guidance on transfer pricing and income attribution that have resulted from the OECD's BEPS project.  A particular focus is transfer pricing related to risks and intangibles - areas in which the guidance has evolved considerably.

Steve's documentation experience currently focuses on providing a strategic approach to the redesign of documentation, embracing the Masterfile / Local file approach in BEPS Action 13.  For many multinational groups, the task of updating their documentation is substantial, hence the importance of a strategic approach is very high, placing the initial focus on the essential changes that must be made to comply.

In the area of disputes, Steve has helped clients to successfully defend their transfer pricing arrangements against challenges by tax authorities in a number of countries.   Steve's contributions include in-depth functional and economic analysis, and the strategic insight to use this information to the client's best advantage in the course of the dispute.

In the area of business restructuring, Steve has recently focused on business change that is required by regulatory change, particularly in the financial sector, and the response companies are making to the pending impact of Brexit is a significant current focus.


Tom is responsible for the US corporate tax desk in London.  The US corporate tax group in London provides a wide range of consulting services, including US federal tax issues associated with US inbound and outbound investment, restructuring, mergers and acquisitions, treaties and withholding, and other issues.Tom has over 20 years of US federal corporate tax experience, including both domestic and international tax issues.

Tom has advised large US multinationals, non-US multinationals investing in the United States, and private equity houses.  As a result, he has significant practical experience with respect to a multitude of tax issues relating to investing in and from the US by multinationals and private investors, including corporate structuring issues, foreign tax credit planning, passive foreign investment companies, treaties and withholding, and cross border financing and licensing issues.  In addition to his time in London, Tom has worked in the New York and Washington National Tax Services offices of PwC and is a member of PwC’s US Inbound Tax Team.

Tom also has direct experience with the IRS on a multitude of issues, including private letter rulings and other guidance on a range of corporate, international, treaty and withholding issues as well as requests for grants of discretionary treaty benefits from the US competent authority.

 


Yash is the head of Linklaters’ London Tax group. He has been practising tax law for over 30 years and represents a wide range of UK and international clients.

Yash’s practice is focused on complicated mergers and acquisitions, investment fund structuring and tax planning, often with a cross-border element. He advises corporate clients, financial institutions, investment funds, hedge funds, asset managers and their respective executives. He also advises extensively on tax disputes and tax litigation and is experienced in dealing with HMRC enquiries.

Yash’s wide-ranging experience means that he is often called upon for highly complex, challenging and sensitive matters, which require difficult judgment calls and innovative structuring solutions to critical tax issues.

Yash’s recent work highlights include:

  • Advising on three complex and very significant tax disputes with HMRC (which are confidential at present) involving cross-border issues, employee taxation issues and beneficial ownership issues.
  • Advising the Joint Administrators of Lehman Brothers International (Europe) (In Administration) on their appeal to the Supreme Court in respect of withholding tax.
  • Advising the Delphi (now Aptiv) group in relation to a substantial intra-group restructuring and demerger of its powertrain systems business.
  • Advising a number of major financial institutions in relation to their Brexit planning.
  • Advising various funds on treaty reclaims in connection with UK withholding tax.
  • Advising senior executives of an asset management business on their individual tax planning, including carried interest and co-invest arrangements.
  • Advising a major client on the EU’s state aid challenge to the UK’s CFC group financing exemption.


Malcolm is among the leading advocates at the Revenue Bar. He has represented both Her Majesty’s Revenue and Customs and taxpayers is a series of high-profile disputes, including most recently for HMRC the Ingenious film scheme litigation and in the Supreme Court the question whether interest accruing in the Lehman administration should be paid under deduction of tax.

Until he moved to the Bar in 1997 Malcolm was a tax partner with Linklaters and before that Director of National Tax Services at KMG Thomson McLintock (now KPMG).  His experience as a solicitor in preparing cases, including handling both documentary and witness evidence, provides him with a unique insight into the conduct of litigation. At Linklaters, he had charge of cases before the Tax Tribunals as well as before both the High Court and the Court of Appeal. As an advocate he has represented taxpayers and the Revenue at all stages of tax appeals including the House of Lords, the Supreme Court and European Court of Justice. 

In addition to his substantial litigation practice Malcolm also advises on all aspects of commercial, European and international taxation, for both incorporated and unincorporated entities, their shareholders and employees. 

Since the 1970s Malcolm has been closely involved in tax policy work with the Institute for Fiscal Studies and was one of the editors of the IFS Mirrlees Review on tax systems for the 21st century.  He teaches international tax at Sydney and Leiden Universities.  He sits as a Judge of the First-tier Tribunal (Tax Chamber) and is a deputy Judge of the Upper Tribunal (Tax and Chancery).