Transfer Pricing | Executive Program
Intra-Group Pricing for Finance en Business Professionals
Transactions between entities of the same multinational enterprise (“MNE”) group constitute a large part of global trade, approximately 60% in total. Doing transfer pricing, which is the pricing of intercompany transactions between group entities, is therefore necessary to allocate profits to the group entities in the various countries. Transfer pricing affects the taxable profits of MNE group entities and hence the tax revenues of the respective tax jurisdictions. For tax purposes, countries have agreed that transfer prices in relation to related party transactions should comply with the arm's length principle. Disagreement with tax authorities on what constitute an arm's length transfer price, can lead to long and costly tax audits, significant tax adjustments, double taxation, penalties or reputation damage. Therefore, setting an arm's length transfer price is of great importance. Furthermore, a thorough implementation and its control mechanisms are indispensable, as well as clear transfer pricing (dispute) management.
It is therefore of no surprise that transfer pricing is one of the most important and challenging international tax issues facing large MNE groups as well as small and medium-sized MNE groups. The topic of transfer pricing has attracted the attention of various internal stakeholders within an MNE group, such as the finance & control department, the board and the legal department, in addition to the tax department. External stakeholders (e.g. tax authorities, external auditors, the European Commission and non- governmental organizations) are increasingly interested in the transfer pricing policies of multinational enterprises as well.
The importance of applying arm’s length transfer prices and the management and control of transfer pricing risks have increased in recent years following the OECD Base Erosion and Profit Shifting project which has led to revised transfer pricing standards and supplementary documentation requirement. The fiscal and financial positions of multinational enterprises are therefore served with the correct application of the relevant laws and regulations, in which the connection with the economic reality is also of great importance.
Are you a financial director, CFO, controller, finance or treasury professional or legal professional? And are you dealing with transfer pricing, but would you like to increase or update your knowledge of transfer pricing so that you can perform your task even better? This Executive Program is then ideal for you.
|Location lectures||Campus Woudestein, Erasmus University Rotterdam|
|Lecture days||Wednesday or Thursday (15.30 - 20.30)|
|Start date||October 2021|
|Duration of the program||5 modules|
€2.700 or €575 per module (including parking ticket, food and drinks; exempt from VAT)
Content of the program
Module 1 1 October 2020 Module 2 7 October 2020 Module 3 29 October 2020 Module 4 12 November 2020 Module 5 2 December 2020
This Executive program consists of four introductory modules and a specific module discussing the transfer pricing aspects of financial transactions and business restructurings. Each module takes place on a Wednesday or Thursday and starts at 15:30 and ends at 20:30.
Module 1: Introduction to transfer pricing
Examples of the covered material:
- Overview and state of the BEPS developments
- What is transfer pricing and what is the importance and relevance of transfer pricing?
- The arm’s length principle and associated enterprises
- Sources of transfer pricing regulations
- Transfer pricing aspects and risks related to the main intra-group transactions
- Comparability as the basis of transfer pricing
- Transfer pricing control framework
- Examples and court cases
Module 2: Transfer pricing methods and (intra-group) services
You are employed by a multinational company and a transfer price needs to be determined. You have the choice to do this internally or to outsource it. Anyway, you need to know which methods exist and what each method’s (dis)advantage are. This is necessary for the control during the analysis process.
- Identifying and applying the correct transfer pricing method is one of the most important challenges in determining an arm’s length transfer pricing policy.
- How should the selected transfer pricing method be applied: benchmarking analysis, comparables, databases, financial analysis and practical issues.
- Transfer pricing aspects of (intra-group) services
- Examples, case studies and recent developments
Module 3: Transfer pricing aspects of financial transactions and (post-acquisition) restructurings of multinational enterprises
The first part of this module focuses on the transfer pricing aspects of financial transactions, such as determining the arm’s length interest rate for an intra-group loan, the question whether to charge for a financial guarantee or not, and if so, what is an arm’s length guarantee fee. The practical transfer pricing aspects of cash pooling will also be discussed.
The second part of this module deals with the transfer pricing aspects of (post-acquisition) business restructuring of multinational enterprises.
Module 4: Transfer pricing cycle and implementation
This module discusses the technical and practical aspects of the various steps in a transfer pricing cycle (e.g. analyzing and designing TP policy, setting prices & contracts, transactions & journal entries, monitoring & price adjustments, testing and compliance and controversy defense) through a case study. A tax director of a listed Dutch MNE will elaborate on his experience.
Module 5: Transfer pricing documentation and dispute resolution
A representative of the Dutch Tax authorities will discuss several topics including:
- The transfer pricing control framework
- Transfer pricing documentation: Dutch and international documentation requirements
- Organization of the Dutch tax authorities on transfer pricing (Coordination Group on transfer prices) and transfer pricing risks
- Mandatory Disclosure
- Transfer pricing audits: taxpayer’s and tax authorities’ rights and duties
- Transfer pricing dispute resolution: mutual agreement procedures, European Arbitration Convention and advance pricing arrangement
The program director is Clive Jie-A-Joen PhD MBV.
Clive works at Simmons & Simmons LLP, an international law firm. His practice focuses on helping MNEs in designing, implementing and defending their transfer pricing policies, with dispute management always at front of mind. Clive has an economics background (PhD in Economics and Master of Business Valuation) and over two decades of experience in the transfer pricing field. He works together with tax lawyers, finance and legal professionals on transfer pricing issues. Clive graduated Cum Laude and received the Best Student Award for his Master of Business Valuation Study at the Tilburg University.
Clive is also associated with the Erasmus School of Law (as university lecturer) as well as ESAA (which also includes the RC (chartered controller) and RA (chartered accountant) training). In addition, Clive is a board member of the transfer pricing section of the Dutch Association of tax advisors (“NOB”). He regularly lectures and writes articles on transfer pricing. Clive has been quoted as a leader in Transfer Pricing in Legal Media’s Transfer Pricing Advisers Expert Guide.
The lecturers in this program are:
- Önder Albayrak - Head of Transfer Pricing Strategy & Operations / Head of Tax Benelux at Sanofi
- Bernard Damsma – Associate Partner EY;
- Susanne Verloove – Transfer Pricing senior manager EY;
- Dennis Hovinga – Head of Tax at ASM International;
- Willem-Jan van Veen – Specialist country by country reporting, exchange and rulings and mandatory disclosure at Dutch Tax Authorities;
- Clive Jie-A-Joen – Program director, Counsel Transfer Pricing Simmons & Simmons LLP and university lecturer at Erasmus School of Law.
*Changes because of unforeseen circumstances may alter the composition or the dates of the program slightly. These changes will be communicated in a timely manner.
Participants of the Executive Program Transfer Pricing 2019 evaluated the first edition of the program with an eight and program director Clive Jie-A-Joen PhD MBV was assessed with an 8.7.
Erasmus School of Accounting & Assurance is an educational institution that is acknowledged by the NBA (Dutch accountants’ professional organization) and thus entitled to reward PE points to educational activities. For this Executive Program you will receive 4 PE-points per module.