Executive Program in Transfer Pricing Program content ...

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Executive Program in Transfer Pricing Program content – Draft program: Subject to changes B – Basic level course / I – Intermediate level course / A – Advanced level course



FEBRUARY 2021 (Online course)



Thursday 18th – Introduction to Transfer Pricing (TP), BEPS & Digitalization

Online course Time Lecturer Detailed program

08:50 – 09:00 Opening of the program and welcome address

09:00 – 09:15

Prof. Dr. Robert Danon (Program Director, Switzerland) & Prof. Dr. Vikram Chand (Program Director, Switzerland)

o Profit allocation in an MNE o The role and importance of ALP (Transfer Pricing) o State Aid and ALP o Pillar I and Formulary approaches towards profit allocation in the

Digitalized Economy

09:15 – 10:30

Prof. Dr. Guglielmo Maisto (Partner, Maisto e Associati, Italy)

o Profit allocation using the ALP: Article 9 and 7 of the OECD, UN and US Models

11:00 – 12:30 Dr. Richard Collier (Former Senior Advisor, OECD / Associate Fellow, University of Oxford, UK)

o Profit allocation in an MNE: Past, Present and Future

14:00 – 15:30

Dr. Richard Collier o Profit allocation in an MNE: Past, Present and Future

16:00 – 17:00

Mr. Matt Andrew (Head of Tax Treaty, Transfer Pricing & Financial Transactions Division, OECD, France)

o The OECDs ongoing work on Digitalization: The unified approach



Friday 19th – Functional and value chain analysis for different business models

Saturday 20th - Transfer Pricing methods with a focus on the profit split method


09:00 – 10:30 11:00 – 12:30 14:00 – 16:00 16:30 – 18:00

Mr. Paolo Valerio Barbantini (Deputy Director General, Italian Revenue (Agenzia delle entrate), Italy) (I, A)

o Theoretical framework: Chapter 2 of the OECD Guidelines and its comparison with the US and UN Transfer Pricing guidelines

o TP methods: - Comparable uncontrolled price method (CUP) - Resale Price method (RPM) - Cost plus method (CPM) - Transactional net margin method (TNMM) - Profit split method (PSM) (including recent developments) - Other methods including the sixth method for commodities - Valuation techniques for intangibles

o Applying the TP methods in practical cases – Policy makers perspective


09:00 – 10:30 11:00 – 12:30 14:00 – 16:00

Mr. Rachit Agarwal (Transfer Pricing Director, DLA Piper, UK) & Mrs. Tatiana Amba (Senior Economist, International Tax & Transfer Pricing, DLA Piper, UK) (B, I)

o Different multinationals business models o Discussion of different kind of Functions, Assets and Risks in

multinational setup o Characterization of manufacturing, distribution and services

entities o Theoretical framework: Chapter 1 of the OECD Guidelines and

its comparison with the US and UN Transfer Pricing guidelines o The accurate delineation of the actual transaction o Role of contracts and agreements o Allocations of Functions, Assets and Risks in a TP set up o Control over risk and financial capacity to bear risks o Non recognition of transactions o Value chain, Value shop and Value network analysis in a

Multinational Enterprise: Selected case studies

16:30 – 18:00 Mr. Vineet Rachh (Senior Director, Procter & Gamble, Singapore) (A)

o Value chain analysis: An example from the Fast Moving Consumer Goods sector – Household consumer products (P&Gs centralized and decentralized business models)



MARCH 2021 (Online course)



Thursday 18th – Financial Accounting : Standalone and Consolidated Statements

Friday 19th - Comparability and economic analysis with a focus on intercompany transactions with goods


09:00 – 10:30 11:00 – 12:30 14:00 – 16:00 16:30 – 18:00

Mr. Koen De Grave ( Managing Director Tax Accounting Services, PWC Belgium) (B, I)

o Overview of IFRS/US GAAP o Stand-alone vs consolidated financial statements of an MNE

o Profit and loss account, balance sheet and cash flow statement o Relationship between accounting and tax law o Relationship between management accounting and transfer pricing o Principles of tax accounting o Accounting for uncertain tax and transfer pricing positions o Financial statements and TP o Practical case study : Significant differences between IFRS and local

GAAP, Change of ownership and write offs – What goes in P & L to calculate operating income – TP adjustments

o Pillar I: Using consolidated financial statements to determine the Pillar I tax base

o Determining consolidated income and expenses of an MNEs business line – Selected examples


09:00 – 10:30 11:00 – 12:30 14:00 – 16:00 16:30 – 18:00

Mr. Gerhard Foth (Director, KPMG, Switzerland) (I, A)

o Theoretical framework: Chapter 3 of the OECD Guidelines and its comparison with the US and UN Transfer Pricing guidelines

o Business models to buy, make and sell goods o The accurate delineation and recognition of the actual transaction o Comparability analysis

- List of databases for carrying out the search process - The comparable search process - Comparability adjustments in practice - Automation in the comparability search process - Case studies to demonstrate benchmarking of manufacturing and

distribution models



Saturday 20th – Intra group services transactions and cost contribution arrangements


09:00 – 10:30 11:00 – 12:30 14:00 – 16:00

Mr. Mukesh Butani (Managing Partner, BMR Legal, India) (I, A)

o Theoretical framework: Chapter 7 and Chapter 8 of the OECD Guidelines and its comparison with the US and UN Transfer Pricing guidelines

o Types of Intra group services: Non chargeable services, high Value added services, low value added services etc

o The accurate delineation and recognition of the actual transaction o Direct charging vs indirect charging and use of allocation keys o TP methods for services o Comparability issues and adjustments o Cost contribution agreement’s (CCA) and the use of such agreements

for intra group services o Case studies to demonstrate benchmarking intragroup services using

selected databases

16:30 – 18:00

Dr. Marta Pankiv (Director of Tax, Tricentis, Austria) (A)

o Industry perspective : Best practices for defending intra group services audits – High and low value added services



APRIL 2021 (Online course)



Thursday 15th - Intra group intangible transactions and cost contribution arrangements


09:00 – 10:30 11:00 – 12:30 14:00 – 16:00

Mrs. Isabel Verlinden (Global Head Transfer Pricing Services, PWC Belgium) (I, A)

A journey through the IP lifecycle: o Theoretical framework on intragroup intangibles transactions:

Chapter 6 and Chapter 8 of the OECD Guidelines and its comparison with the US and UN Transfer Pricing guidelines

o Definition of IP for TP purposes o Developing and Structuring IP o Ownership and intangible related return issues o Types of IP transactions within a MNE group: Licensing vs sales vs

franchising o TP methods for intangibles o Valuation techniques of IP: income based approach, market

based approach, game (bargaining) theory and others o Hard to value intangibles o Benchmarking IP transactions using selected databases with a

focus on the PSM o Digital Economy and IP

16:30 – 18:00

Mr. Giuseppe Abatista (Group Tax, Pricing, Planning & Control Director, Salvatore Ferragamo, Italy) (A)

o Industry perspective: Best practices for defending intangible transactions tax audits



Friday 16th - Intra group financing transactions


09:00 – 10:30 11:00 – 12:30 14:00 – 16:00

Mrs. Amanda Pletz (Associate Director, NERA Economic Consulting, UK) (I, A)

o Theoretical framework on intragroup financing transactions: Chapter 10 of the OECD Guidelines and its comparison with the US and UN Transfer Pricing guidelines

o Overview of treasury functions o The accurate delineation and recognition of the actual transaction o Credit ratings o Inter-company loans o Intercompany guarantees o Cash pooling o Derivatives and Factoring o Foreign exchange (FX) risk management o Captive insurance o BEPS and intra group finance issues o Recent work of OECD WP 6 on financial transactions o Benchmarking financial transactions using selected databases with

a focus on the PSM

16:30 – 18:00

Mrs. Emanuela Buono (Head of Tax Planning and Monitoring, Enel Green Power, Italy) & Mrs. Stefania Cilurzo (Head of Transfer Pricing, Enel Spa, Italy) (A)

o Industry perspective: Best practices for defending financing

transactions tax audits



Saturday 17th - Attribution of profits to a Permanent Establishment (PE)


09:00 – 10:30

Prof. Dr. Xaver Ditz (Partner, Flick Gocke Schaumburg, Germany) (A)

o Attribution of profits to a PE: German Perspective

11:00 – 12:30 14:00 – 16:00 16:30 – 18:00

Mr. Stefaan De Baets (Senior Counsel TP, PWC Belgium) (I, A)

o Basis for profit attribution: Article 7 Of OECD MC and UN Model and commentaries

o Authorized OECD Approach and its comparison with other approaches

o The TP methods to attribute profits o BEPS and PE’s – Extended PE definition and additional guidance on

BEPS Action 7 o Special considerations for purchasing operations o Special consideration for distribution models o Special consideration for digital businesses

o Application of the ALP to digitalized businesses



MAY 2021 (Online course)



Thursday 6th - Business Restructuring


09:00 – 10:30 11:00 – 12:30 14:00 – 16:00

Mr. Xavier Eggspuhler (Partner, Ernst & Young, Switzerland) (I, A)

o Theoretical framework and types of business restructuring Chapter 9 of the TP OECD Guidelines

o Applying the ALP for the restructuring and remuneration of post-restructuring transactions

o The accurate delineation and recognition of the actual transaction o Location savings and market premium o PE issues and business restructurings o Case studies on pre and post restructurings scenarios o Best practices for defending business restructuring audits

16:30 – 18:00

Mrs. Cansu Bagran Ilhan (Global Head of M&A Tax, ABB, Switzerland) (A)

o The role of TP in Mergers and Acquisitions o TP in tax due diligence o Deal structuring o TP in post deal integration and key pressure points o Case studies

Friday 7th - Transfer Pricing and indirect Taxes


09:00 - 10:15 10:30 – 12:00

Mr. Massimo Fabio (Partner, KPMG Italy Head of Trade & Customs Services) (I, A)

o Theoretical framework and basic concepts in transfer pricing and customs

o World Trade Organization (WTO) Customs valuation and European Union (EU) Customs valuations rules and their interaction with TP rules

o Case studies

13:00 – 14:30 15:00 – 16:45

Mr. Stéphane Buydens (VAT Policy Advisor, OECD, France) (I, A)

o Valuation under EU Value Added Tax (VAT) rules and OECD VAT rules and TP rules

o The coordinated / uncoordinated approach with OECD Transfer Pricing rules

o Administrative issues o Case studies

17:00 – 18:00

Mrs. Nadia Bouzenzana (Senior Director International Trade & Government Incentives, Garrett Motion Switzerland) (A)

o Diversified MNE Businesses o Industry perspective : Best practices for defending indirect tax and

TP audits

Saturday 8th - Transfer Pricing Management within MNEs




09:00 – 10:30 11:00 – 12:30 14:00 – 16:00

Mrs. Olivia Gedge (Director Global Transfer Pricing Services, KPMG, Switzerland) (I, A)

o Transfer pricing risk management o Country by country reporting (Action 13 of the BEPS Plan) o Best practices for documentation (Master file, Local file) o Other transfer pricing compliance o Managing global TP documentation o Setting up and implementing an intra group TP policy o Managing transfer pricing policy - Best practices o ERP Systems and operational transfer pricing o Technology enablement and automation o TP in the board room and media o Case studies

16:30 – 18:00

Dr. Lluis M. Fargas Mas (Vice President Finance & Tax, Europe & Asia Pacific, Howmet Aerospace, Switzerland) (I, A)

o Managing TP within a MNE o Setting up a TP policy o Implementing TP control framework o CBC, Master File and local file



JUNE 2021 (Online course)



Thursday 3rd - Preventing and resolving TP disputes


09:00 – 10:30 11:00 – 12:30 14:00 – 16:00

Dr. Renato Salerno (Senior Economist Responsible for TP, State Secretariat for International Financial Matters, Switzerland / Italy) & Mr. Aurelio Massimiano (Partner, Maisto e Associati, Italy) (I, A)

o Theoretical framework and definitions: - Advance Pricing Agreement (APA) - Safe Harbours - Domestic litigation - Mutual Agreement Procedures (MAP) - Arbitration (conventional or baseball arbitration) - Arbitration within the EU Case Studies from taxpayer perspective

o Negotiations of APA’s, MAP’s o Issues and best practices in negotiations o Case Studies from tax authorities perspective

16:30 – 18:00

Mr. Fabio De Angelis (Senior Director, Global Taxes, eBay International Management B.V., The Netherlands/ Italy) (I, A)

o In house perspective on managing disputes



Friday 4th - Emerging audit issues in selected countries


09:00 – 10:30

Mr. Alexander Haller (Director, WTS Germany) & Mrs. Melanie Appuhn-Schneider (Director, WTS Germany) (A)

o Germany: - Overview of TP Law - TP documentation - Trends in audits / disputes

10:45 – 12:15

Mrs. Gabriella Cappelleri (Of Counsel, Maisto e Associati, Italy) (A)

o Italy: - Overview of TP Law - TP documentation - Trends in audits / disputes

13:45 – 15:15

Mr Bruno Gibert (Partner, CMS Francis Lefebvre Avocats, France) (A)

o France: - Overview of TP Law - TP documentation - Trends in audits / disputes

15:45 – 17:15

Mrs. Olivia Gedge & Dr. Natassia Burkhalter-Martinez (Head of section, Federal Department of Finance for Federal Tax Administration, Switzerland) (A)

o Switzerland: - Overview of TP Law - TP documentation - Trends in audits / disputes

17.30-18.30

Mr. Joel Cooper (Partner, Ernst & Young, UK) (A)

o Structuring MNE Business Models with controversy preparedness in mind



Saturday 5th – Disputes in the EU : State Aid and APA’s

Online course

Time Lecturer Detailed program

09:00 – 10:30 11:00 – 12:30

Mr. Mario Tenore (Associate, Maisto e Associati, Italy) (I, A)

o The ALP and fundamental freedoms o State Aid & APA’s o The case law of the ECJ (eg. Apple, Amazon, Starbuck and Fiat

Finance) o Case studies

Saturday 5th - Emerging audit issues in selected countries


14:00 – 15:30

Dr. Niraja Srinivasan (Partner, Nera Economic Consulting / Lecturer, Texas A&M / Former VP Global Tax, Transfer Pricing, Dell, USA) (A)

o US - TP documentation - Trends in audits / disputes

16:00 – 17:30

Mr. Sam Sim (Co-founder, Senior of Counsel, WTS Taxise, Singapore) (A)

o Asia Pacific - Overview of TP of selected countries - TP documentation - Trends in audits / disputes



JULY 2021



Thursday 1st - Pillar I and Pillar II of the OECDs project on Digitalization

Room: Geopolis 1612 Time Lecturer Detailed program

09:00 – 10:30 11:00 – 12:30 14:00 – 15:00

Prof. Dr. Robert Danon & Prof. Dr. Vikram Chand & Mr. Tim McDonald (Vice President Global Taxes, Procter & Gamble, USA) – Tentative & Mr. Jean-Louis Geyr (Senior Vice President, Group Head of Global Tax, Nestlé, Switzerland) – Tentative & Mr. Manuel De los Santos Poveda (Advisor-CTPA, OECD, France) (I, A)

o Pillar I: The Unified Approach: A detailed analysis - Amount A - Amount B - Amount C - Case Studies on Pillar I

o Pillar II - Income inclusion rule - Base eroding payments rule - Switch Over clauses - Subject to tax clauses - Case Studies on Pillar II

15:00 – 16:00

Mr. Elias Thomas (Tax Director – Transfer Pricing, Spotify, Sweden) (A)

o Online Streaming Business: o bValue creation, TP Management issues and experiences o The use of CUP, TNMM and PSM on selected transactions o Impact of Pillar I and Pillar II

16:00 Boat trip



Friday 2nd - TP in selected industries Geopolis 1612

Time Lecturer Detailed program

09:00 – 10:30 Mrs. Olivia Gedge (A)

o Commodity trading businesses o Value creation, TP Management issues and experiences o The use of the sixth method

11:00 – 12:30

Mr. Andreas Risi (Head of Tax Switzerland, UBS) & Mr. Roland Britt (Director Group Tax, UBS, Switzerland) (A)

o Commercial Banking business o Value creation, TP Management issues and experiences o The use of CUP, TNMM and PSM on selected transactions o Impact of Pillar I and Pillar II

14:00 – 15:30

Mr. Thomas Hug (Executive Director, Group Tax & TP, Bank Julius Baer, Switzerland) (A)

o Private Banking business o Value creation, TP Management issues and experiences o The use of CUP, TNMM and PSM on selected transactions o Impact of Pillar I and Pillar II

16:00 – 17:30

Mrs. Andrea Grainger (Global Head of Transfer Pricing, Swiss Re Management, Switzerland) (A)

o Reinsurance business o Value creation, TP Management issues and experiences o The use of CUP, TNMM and PSM on selected transactions o Impact of Pillar I and Pillar II

Graduation of the 2019’ and 2020’ batch

17:30 Graduation of the 2019’ and 2020’ batch following by a dinner apéro



Saturday 3rd - TP in selected industries

Room: Geopolis 1612 Time Lecturer Detailed program

09:00 – 10:30

Mr. Philippe Paumier (Founder, Vector TP, France) (A)

o Pharma businesses o Value creation, TP Management issues and experiences o The use of CUP, TNMM and PSM on selected transactions o Impact of Pillar I and Pillar II

11:00 – 12:30

Mr. Massimo Di Cesare (Group Head of Tax, Richemont, Switzerland) (A)

o Luxury goods businesses o Value creation, TP Management issues and experiences o The use of CUP, TNMM and PSM on selected transactions o Impact of Pillar I and Pillar II

14:00 – 15:30

Mr. Yvan Mollier (Global Indirect Tax Director, General Mills International, Switzerland) (A)

o FMCG businesses o Value creation, TP Management issues and experiences o The use of CUP, TNMM and PSM on selected transactions o Impact of Pillar I and Pillar II

16:00 – 17:30

Mr. Tim Mathey (Director European Tax, Electronic Arts, Switzerland) & Mr. Xavier Camps (Tax Senior Manager, Electronic Arts, Switzerland) (A)

o Online Gaming Businesses o Value creation, TP Management issues and experiences o The use of CUP, TNMM and PSM on selected transactions o Impact of Pillar I and Pillar II



Technical paper Thesis Total Points Points to pass

Total of points 100 68

Thesis deadlines

Thesis topic selection June 01

Thesis Outline August 15

1st Draft September 30

Final Draft October 31

Please note that the final draft has to be sent by e-mail in a word format ([email protected])

The print out of this has to be sent by post at the following address: Centre de droit public University of Lausanne Madame Natacha Fauconnier Extranef Building - Office 124 CH-1015 Lausanne

mailto:[email protected]

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