Course outline

DAY 1

Introduction
Case study 1: The nine choices – investing into Malaysia
o International tax

International Tax
o Tax Consolidation
o Carry forward of tax losses
o Important concepts and terminology
o Sources of international tax

Forms of doing business
o Subsidiaries
o Branches (permanent establishments)
o Rep. offices (representative offices)
o Partnerships
o Hybrid entities & transparency vs non-transparency
o Trusts and foundations
o Funds SICAVs, UCITs, etc.
o Cooperatives & associations
o European Economic Interest Groupings (EEIGs)
o The SE – The European Company
o Private equity funds

Types of tax
o Income versus capital
o Corporate tax
o Branch profits tax (BPT)
o Income tax – comprehensive vs schedular systems
o Capital gains tax
o Payroll tax
o Indirect taxes
o Transfer taxes
o Capital tax/formation tax/capital duty
o Real estate tax

Case study 2

DAY 2

Factors determining the scope of tax liability
o Residence & source taxation vs. territoriality
o Residence
o Source taxation

Case study 4: The scope of tax liability

Double taxation – juridical & economic
o Juridical double taxation
o Economic double taxation

Double tax relief
o Methods – credit, exemption and deduction
o Relief from juridical taxation
o Relief from economic double taxation
o Tax sparing credits

Case study 5: Corporate tax systems and relief from economic double taxation

DAY 3

Introduction
o Purpose of tax treaties
o Types of tax treaties
o Structure of tax treaties
o The main provisions of tax treaties (other than the limitation rules)
o The limitation rules

Introduction to interpretation of tax treaties
o The main treaty rule – Article 3 (2)
o Different classification as a tool in international tax planning

Residence of companies under treaties

Case study 6: Corporate residence – treaties

Residence of individuals under treaties

Application of treaties to selected items of income
o Article 7: Allocation of profits to a permanent establishment
o Article 10: Dividends
o Article 11: Interest
o Article 12: Royalties
o Article 13: Capital gains
o Article 21: Other income

Case study 7: Treaty application – lending

DAY 4

Anti-avoidance provisions under domestic law

Controlled Foreign Company (CFC) taxation
o What is a CFC?
o How do CFC rules operate?
o Types of CFC income
o Specific Issues

Thin capitalisation
o Concept
o Anti-avoidance approaches

Case study 8: Tax treaties & anti-avoidance

Parent-Subsidiary Directive
o Qualifying Company
o Dual Resident Companies
o What is a parent and a subsidiary?
o Eligible Distributions
o Anti-Abuse Provision

DAY 5

Limitation on benefits under treaties
o Treaty shopping vs avoidance of domestic rules
o Anti-avoidance measures under tax treaties

The principles of transfer pricing
o OECD Guidelines
o Transfer pricing documentation
o Article 9 of the OECD Model Convention
o Transfer pricing and financing

Case study 9: Transfer pricing

Case study 10: Final case study