Graphic1 - taxsutra.com | Taxsutra PUNE.pdf2 Days’ Workshop per delegate. Contact [email protected] for an Invoice and for further details you can also call Samita Shetty on 09833145124.

2014

2 DAYS’ WORKSHOP

Royalty And FTS Payments - Law And Practical Aspects

After conducting two successful workshops at Mumbai and Delhi and another one scheduled for Bangalore, Taxsutra is happy to bring the 2 day workshop on Royalty and FTS payments

2 DayS’ Workshop On Royalty And Fts Payments – Law And Practical Aspects

Dates : March, 14 & 15 2014

(Friday& Saturday)

at Pune

Courtyard by Marriott ,

law and practical aspects to Pune!

Venue :

Next to Jehangir Hospital,

Bund Garden Road,

Pune – 411001

The workshop intends to cover all the aspects of domestic & treaty law and practical aspects. The workshop will be conducted by experienced professionals with rich experience of consulting and

2 Days’ Workshop

industry.

Every taxpayer needs to obtain a certificate from CA confirming WHT implications. IT Department too has increased its focus and is closely monitoring foreign remittances, with online submission of CA certificates coupled with increased interaction with the Bankers. These changes require Indian Businesses (local as well MNCs) to have a greater focus on compliance. Manag-ing the internal process & ensuring proactive involvement of tax team in business/contracts is also becoming critical.

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In recent years, scope of taxation of royalties and FTS under Indian Income Tax Act has been considerably enlarged (eg. various amendments to Sec 9). There has been considerable Indian juris-prudence on treaty interpretation principles. The increase in tax rate on royal-ty/FTS to 25% (if treaty relief is not available), will also create considerable tax impact.

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Several corporates in India (MNCs as well as Indian Groups) make large payments to foreign entities. Determining TDS (also known as withholding tax or WHT) implications on these payments is critical, before making remittance outside India. A large majority of these payments are towards services or use of assets/intellectual property. These could be taxable in India, as royalty or Fees for Technical Services (FTS). The tax implications on royalty/FTS payments are relevant since in many such contracts, taxes are borne by Indian payer.

2 Days’ Workshop

FOCUS AREAS TARGET AUDIENCE

Finance Professionals

Tax Consultants

Tax & Regulatory Service Professionals

Legal Professionals/Taxation Lawyers

Tax Counsel or Tax Attorney

Workshop Speakers:

11.45 am to 1 pm Session 2 (75 minutes * 2 sessions)

Taxability under DTAA

“Make available” concept

Unique FTS clauses under tax treaties

Relevant rulings on each of the issues

MFN clause

DAY 1

am to 11.15 am Session 1 (75 minutes)

General source principles & deeming fiction

Definition under Sec 9(1)(vii) – technical,

managerial & consultancy

Exclusions from Definition under Sec 9(1)(vii)

& transactions between non-residents

Territorial nexus – IHI ruling status

2 pm to 3.15 pm Session 3 (75 minutes)

ax treatment where PE exists T

IPS vs FTS under tax treaty

Special issues relating to Oil & Gas sector

Rates in force and conditions u/s 115A

Definition under Sec 9(1)(vi)

Exclusions from Definition under Sec 9(1)(vi)

& transactions between non-residents

Definition under tax treaty

Tax treatment where PE exists

Domestic tax definitions & exclusions of royalty & FTS taxation

Treaty concepts under Article 12 and other relevant articles

Taxation of special transactions like software, lease line, equipment

Important concepts like TRC, Beneficial Ownership, MFN clauses

Key compliance in foreign remittances, PAN & computation issues

Case studies and in-depth analysis of rulings

Managing foreign payments - internal process, contractual aspects and risks

Taxation of “Fees for Technical Services” under IT Act Taxation of “Fees for Technical Services” under Tax Treaty

FTS - Specific taxability issues Taxation of “Royalties” under IT Act and Treaty

Bijal Ajinkya, Partner, Khaitan & Co.

M. P. Lohia, Executive Director, Ernst & Young LLP

Mrugen Trivedi, Technical Director, KPMG in India

Nihar Jambusaria, Taxation, Reliance Industries Limited

Nitin Deshmukh, Head of Tax, Eaton Corporation

Pramod Joshi, Partner, Deloitte India

Sudhir Nayak, Partner, Sudit K Parekh & Co.

ax practice Leaders

Tax Managers & T

3.45 pm to 5 pm Session 4 (75 minutes)

Reimbursement taxability ( i ncluding credit card transactions)

10

2 Days’ Workshop

per delegate.

Contact for an Invoice and for further details you can also [email protected] call Samita Shetty

on 09833145124.

Contact us now to confirm your registration.

Cheque/DD should be payable to* "Realtime Taxsutra Services Pvt. Ltd"*

DAY 210 am to 11.15 am Session 5 (75 minutes) 11.45 am to 1 pm

Lease line charges / IPLC

Equipment leasing

Satellite payments

E-

TDS Gross-up

TRC formalities

Beneficial ownership

CA certificate (format, process and documentation)

PAN and Sec 206AA applicability

Bankers’ expectations& FEMA filings

2 pm to 3.15 pm Session 7 (75 minutes) 3.45 pm to 5 pm Session 8

Contract drafting

Maintaining documentation,

Processes between Finance , Tax and Other Business

Functions on foreign tax payments

Managing Service tax, customs and Transfer Pricing on

royalty and FTS payments,

Compliance requirements for foreign Group companies

earning income in India,

Obtaining lower TDS / NIL TDS certificate

Taxation of “Royalties”– Special transactions Royalty/FTS payments – key compliances

Case Studies – 3/4 case studies followed by discussion. Panel discussion on :Managing foreign payments – internal processes, how to manage risks

Session 6 (75 minutes)

commerce transactions & BEPS issues

TDS requirements u/s 195Software