LCN Legal Course in Intercompany Agreements for Transfer Pricing Compliance

LCN Legal Course in Intercompany Agreements for Transfer Pricing Compliance2019-10-09T13:12:48+02:00

COURSE DELIVERED BY:

Enrol Now

OVERVIEW

An online learning course for International Tax and Transfer Pricing Professionals, In-house Counsel within Multinational Groups, and Lawyers in Private Practice. The course is listed by the UK’s Chartered Institute of Tax as a supplement to the ‘International Tax’ and ‘Transfer Pricing’ modules of the Advanced Diploma in International Taxation.

LEARNING OUTCOMES

Intercompany agreements are legal agreements which define the terms on which services, products and financial support are provided between related parties. For groups which operate internationally, intercompany agreements are the essential foundation for complying with transfer pricing regulations and for minimising the risk of double taxation or adverse TP adjustments and penalties. Intercompany agreements also play an important role in various other aspects of the operation of multinational groups, including subsidiary governance, asset protection, VAT / GST compliance, customs duties and exchange control.

This course will give you a greater understanding of:

  • the role which intercompany agreements play in transfer pricing compliance and corporate governance;
  • the key components of a system for creating, reviewing and maintaining intercompany agreements for multinational groups;
  • contractual approaches to the allocation of risk and reward in the context of TP compliance; and
  • best practice in the drafting, implementation and maintenance of intercompany agreements.

COURSE STRUCTURE

A 10-week online distance learning course comprised of 10 recorded webinars which are released weekly in sequence, and which participants can access and review in their own time.

Each module is between 45 and 60 minutes’ duration, and is followed by a self-assessment questionnaire so that participants can check their understanding of the course materials.

Course participants will have the opportunity to address questions to the presenters at any time during the period of the course. Responses will be shared (on an anonymised basis) with other course participants.

CONTENT OVERVIEW

Module 1: Introduction to intercompany agreements (ICAs) and their role in TP compliance and corporate governance

Including:

  • Relevant provisions of the OECD’s Transfer Pricing Guidelines
  • The fundamentals of corporate and subsidiary governance
  • Implications of having defective ICAs and how to identify the gaps

Module 2: Key features of an effective system of ICAs

Including:

  • Starting with the end in mind: audit-ready ICAs
  • A typical process for creating, reviewing and maintaining ICAs
  • Non-transfer pricing issues affecting the form and content of ICAs

Module 3: Scoping projects for creating, reviewing or maintaining ICAs

Including:

  • Interpreting and applying TP policies to legal structures and ICAs
  • Identifying key transaction types / material intra-group supplies
  • Prioritising the creation and review of ICAs

Module 4: The format and structure of ICAs

Including:

  • Bilateral vs multilateral agreements
  • Best practice regarding drafting styles and structure of ICAs
  • The use of third party agreements for the purposes of ICAs
  • Treatment of arrangements between a company and its own branch / permanent establishment
  • Dealing with translations
  • Applicable law

Module 5: General principles for contractual allocation of risk and reward

Including:

  • The relationship between implied and express contractual terms
  • Duty defining
  • Control
  • Ownership or control of intangible assets
  • Limitation and exclusion of recourse – transfer of risk
  • Indemnities and counter-indemnities

Module 6: Typical transaction types – Services

Including:

  • Support services / back office services
  • Agents and commissionaires

Module 7: Typical transaction types – Goods

Including:

  • Key concepts: passing of risk and title, product liability and regulatory liability
  • Distribution and resale
  • Limited risk distributors and common mistakes

Module 8: Typical transaction types – Licensing of intellectual property

Including:

  • Licenses and franchise arrangements
  • Key contractual terms for intellectual property licenses
  • Relationship with sale of goods and supply of services

Module 9: Typical transaction types – Loan facilities and cash pooling

Including:

  • Bilateral loan agreements, loan notes and promissory notes
  • Overdrafts, term loans and revolving credit facilities
  • Cash pooling arrangements

Module 10: Pricing clauses

Including:

  • The relationship between transfer pricing methods and pricing clauses
  • ‘Agreements to agree’ and legal certainty in pricing provisions
  • TP / tax adjustment clauses
  • Fixed price approaches
  • Cost plus approaches – cost keys and allocation keys
  • Residual outcome approaches
  • Royalty-type approaches

Bonus module: Checklists and practical tools

How to improve efficiencies by using checklists included in the book ‘Intercompany Agreements for Transfer Pricing Compliance – A Practical Guide’ and free resources published by LCN Legal

COURSE DATES & DURATION

Participants can select a course start date convenient to them, commencing on or after 1 July 2019.

Course Duration: 10 Weeks

PRESCRIBED BOOKS (Included)

APPLICATION

Enrol Now

LECTURERS

  • Paul Sutton
  • Ivan Hanna
  • Leiza Bladd-Symms
  • Solomon Choge
  • Avisha Sood

WHO WILL BENEFIT FROM THIS COURSE

This new online course has been designed for three main types of people:

  • In-house legal counsel within multinational groups
  • Transfer pricing and tax professionals
  • Lawyers in private practice, who have the opportunity to assist their clients with intercompany agreements

COURSE COSTS

GBP 1,950, plus VAT per person

GBP 950, plus VAT per person for additional staff within the same organisation registering with the same start date

CERTIFICATION/ CREDITS

  • Certificate of completion, with 7.5 hours’ CPD credit