INTERNATIONAL |
8:00 | Conference Registration |
8:30 | Conference Chairpersons Opening Remarks |
8:35 | Minimizing and Managing UBTI and ECI in Private Equity Funds - Identifying UBTI
- Fees
- Guarantees
- Identifying ECI
- Investing in real estate
Rom Watson, Partner, Ropes & Gray LLP |
9:25 | Advanced Considerations When Funds Invest (Or Are Being Designed to Invest) in LLCs - Discovering the range of benefits and motivations for investing in LLCs
- Avoiding ECI and UBTI through advanced structuring techniques
- Current and emerging blocker strategies
- Other techniques
- Complexities upon exit - Structuring for likely exits
- Achieving basis recovery
- Interim distributions
- Partial exits - Examining special structuring issues when the target investment is operating as an S Corporation
Joseph Newburg, Partner, Weil Gotshal & Manges LLP |
10:15 | Networking Break |
10:45 NEW! | Hot Topic! Avoiding Taxable Presence and Permanent Establishment Risk in Foreign Jurisdictions - Evaluating new considerations of fund’s taxable presence in foreign jurisdictions
- Focusing on the taxation risk to the fund, not just its investment
- Minimizing fund’s permanent establishment risk
- Examination of specific tax treaties
- Strategies to cope with the effects of FIN 48
- Protecting fund profitability by avoiding tax reserve requirements
Joan Arnold, Partner, Pepper Hamilton LLP Len Schneidman, Partner, Pepper Hamilton LLP |
11:35 | Conquering Complex Obstacles and Adverse Tax Consequences Associated with Cross Border Investments - Building outbound and inbound investments
- Choosing the ideal jurisdiction based on investor’s and investment’s goals and requirements
- Achieving More Favorable Tax Treatment by Conquering Structuring Challenges with Offshore Funds
- Maximizing tax benefits by evaluating specific tax treaties for each investment Utilizing hybrid instruments
- Exit Strategies: Commonly overlooked considerations for minimizing tax when selling the investment
Harold Adrion, Senior International Tax Partner, Eisner LLP Frederick Sroka, Partner, PricewaterhouseCoopers, LLP |
12:25 | Networking Lunch |
Capitalizing on Outbound Investment Strategies and Exposing the Greatest Potential for Global Growth |
1:35 | Enhancing Profits When Structuring Outbound Foreign Investments - Maximizing return after foreign AND US taxes with non-US target companies
- Overcoming complications with funds that mix investor categories
-US vs. Non-US
-Tax exempts and taxable entities - Transfer pricing within the fund management group
- Planning ahead to prepare for the impact of new rules and developments
- Overcoming complexities associated with AIVs
- Avoiding potential consequences of Subpart F and PFIC income
Stephen Shay, Partner, Ropes and Gray LLP Kent J. Schreiner, Partner, Ernst & Young |
NEW! | EXTENDED SESSION: Opportunity Explosion In Asia - Understanding emerging trends and laws impacting the taxation of funds, fund managers and investors
- Evaluating new investment vehicles to minimize taxable presence
- Demystifying and interpreting ambiguous and inconsistent tax policies
- Enhancing after tax returns by minimizing taxable presence through better management and increased monitoring of local activities
- Examining operational needs in a new environment
- Exiting the investment: What to consider during initial structure and when divesting in Asian countries
|
2:25 | A. China: Optimizing opportunities while minimizing risk in a growing economy - China’s new enterprise tax act – how will it affect your fund?
- Avoiding being caught in a larger net by structuring around new provisions
- Using Hong Kong to house fund managers: Evaluating individual legal, tax and financial legislature
- Updated advice on choosing holding structures for investing different asset classes
- Exit considerations and China-related financing structures
Sam Kaywood, Partner, Alston & Bird LLP William Ho, China Tax Desk, PriceWaterhouse Coopers |
2:55 | B. India Nishith Desai, Partner, Nishith Desai Associates Ravi Vish, Chief Executive Officer, WestLB Mellon Asset Management ( USA) LLC |
3:25 | Networking Break |
3:45 | C. Japan - Maximizing returns by structuring fund investments around Japan’s high tax environment
- Examiningnew tax law provisions affecting private equity investment in Japan
- Taking advantage of Japan's new independent agent exception
- Capital gain exit tax planning - techniques, traps for the unwary and solutions
- Managing permanent establishment tax risk
- Effective use of tax treaties
Eric N. Roose, Partner, White & Case LLP ( Japan) |
4:15 | EUROPEAN GROWTH: Seizing Opportunity by Enhancing Your European Strategy - Uncovering new structures and strategies to maximize benefits when making an acquisition in Europe
- Setting up a (Benelux) Holding company below a fund to invest into Europe
- Forming Luxemburg SIF and Netherland Funds
- Fund formation: offshore or onshore?
- Onshore European fund regimes
- Ensuring regulatory compliance with in-bound European investors
- Can shareholders' loans be used to maximize deductible leverage portfolio companies?
- Comparison of widely used holding vehicles in the Netherlands, Luxembourg and Belgium
- Taxation of carried interest and dividends in Europe
- Examining European tax advantages, credit systems and currency opportunities
Lodewijk (Lou) Berger, Partner, Loyens & Loeff (Netherlands/ Luxembourg Desk) Peter Maher, Partner, A & L Goodbody ( Dublin) |
5:00 NEW! | CANADA UPDATE: The new Canadian -US Tax protocol’s impact on private equity firm investment. Examining new and complex rules effecting tax treatment of: - Hybrid entities
- Limitation on benefits
- Consequences for existing cross-border structures and proposed M&A transactions
- Using hybrid instruments to take advantage of the latest way to take a US business public in Canada
- Capitalizing on “repo” structures to circumvent treaty laws and gain valuable deductions
Corraddo Cardarelli, Partner, Torys LLP |
5:40 | End of Conference, Day 1 |
