IFA Ukraine Knowledge Sharing Seminars on International Taxation

October 28, 2014

Kyiv, Ukraine

Anti-offshore Measures in Ukraine

and Abroad: Policy Developments

and Practical Insights

ORGANISERS’INFORMATION

Hosting BranchIFA Ukraine

IFA Ukraine is the Ukrainian branch of the International Fiscal Association (IFA). IFA Ukraine is a non-profit organization established in Ukraine in 2007. IFA Ukraine was officially recognized by IFA at the 61st IFA Kyoto Congress during September 2007.

IFA Ukraine is the only organization in Ukraine dealing exclusively with international tax matters.

IFA Ukraine has grown in a short time to over 50 members.

www.ifa-ukraine.org

Central IFA

International Fiscal Association (IFA), Netherlands, is the only non-governmental and non-sectoral international organization dealing with fiscal matters over the globe. IFA brings together more than 12,000 practitioners, tax officials and academics from 111 member countries, involved in and concerned with taxation of international transactions and comparative study of tax laws.

Based in Rotterdam, IFA, since its foundation in 1938, has provided, in conjunction with the activities of each country branch, a blend of comprehensive research of international taxation and the development of programs and initiatives of current practical importance.

www.ifa.nl

INVITATION TO SEMINAR

Dear Colleagues!

IFA Ukraine, a Ukrainian Branch of International Fiscal Association, is pleased to announce a series of Knowledge Sharing Seminars on International Taxation, designed to become a regular feature of IFA Ukraine activities.

This initiative is an offspring of successfully organized seminars for the State Fiscal Service of Ukraine and the Ministry of Finance of Ukraine in June-August 2014, cumulating government feedback on progress and drawbacks in implementing international best practice in Ukraine.

Following IFAs world activities, IFA Ukraine provides a unique and neutral platform for representatives of all sectors: business, consulting, governments, the judiciary and universities to meet and discuss topical issues of international taxation at the following four seminars:

• Beneficial Ownership and Information Exchange Practice in Ukraine and Abroad (conducted on September 30th, 2014);

• Anti-offshore Measures in Ukraine and Abroad: Policy Developments and Practical Insights (October 28th, 2014);

• EU-Ukraine Association Agreement and Its Tax Implications for Ukrainian Businesses (November 27th, 2014);

• Tax Legislation Developments and Trends in EU (December 18th, 2014).

The second Knowledge Seminar “Anti-offshore Measures in Ukraine and Abroad: Policy Developments and Practical Insights” is designed to become a platform for all-round discussion of latest BEPS developments, upcoming fundamental anti-offshore changes in RF, Ukrainian court practice, grounded on doctrinal approach, as well as current initiatives the Ukrainian Government is working on to meet international standards and requirements to counter harmful tax practices.

We look forward to making your participation in these seminars meaningful to you and your professional development.

Sincerely,

Olena Voznyuk

IFA Ukraine President

SEMINARSPEAKERS

SEMINARSPEAKERS

Voznyuk, Olena

Director, Baker Tilly Ukraine, President, IFA Ukraine

Olena Voznyuk is a Director of International Tax Department at Baker Tilly Ukraine. Olena has more than 12 years of experience in advising multinational and domestic clients on tax structuring of inbound and outbound investments, M&A structuring, pre-acquisition and post-acquisition restructuring, Transfer Pricing etc. Before joining Baker Tilly in May 2014 Olena served as a tax partner and senior tax lawyer for the leading Ukrainian law firms. She also worked as tax consultant at PwC Kyiv.

Maydanyk, Oleksandr

Senior Associate, Egorov Puginsky Afanasiev & Partners Ukraine

Oleksandr Maydanyk is an experienced tax attorney who has led a number of complex tax advisory and tax litigation projects. He specializes in advising clients on investment taxation, including jurisdiction election and restructuring of acquired companies. Oleksandr has extensive experience in conducting tax due diligences of Ukrainian businesses and providing tax advice on complex transactions for MNCs and leading Ukrainian companies. His practice also encompasses tax structuring for corporate entities, transfer pricing matters, as well as advising clients on mitigating tax risks.

Polianychko, Anton

Deputy Head,High Administrative Court,Second Court Chamber

Anton Polianychko is in charge of Administrative Department of the Second Chamber of the High Administrative Court of Ukraine, which is specializing in tax disputes. In 2008-2010 Anton served as a Counsel to the Deputy Head of the High Administrative Court of Ukraine. Before joining the High Administrative Court Anton worked as director for several local and international law firms. Overall, he has over 16 years of practical experience in legal and tax litigation sphere. Anton has a master’s degree in law from Taras Shevchenko National University.

Shmal, Oleg

Senior Manager, PwC Ukraine

Oleg has degrees in finance, law and public administration. He has more than 15 years of experience in the tax profession, both in consulting and in dealing with the tax authorities. His area of expertise includes the provision of tax advice to different multinational and domestic clients including leading players in services provision, direct sales, consumer products, industrial products and retail sectors.

Chmeruk, Mykola

Ministry of Finance of Ukraine

Mykola Chmeruk is a Director of the Department for tax, customs policy, and accounting methodology at the Ministry of Finance of Ukraine.

Before joining the Ministry, Mykola served as Director of Department for settlement of outstanding tax liabilities at the State Tax Administration of Ukraine.

Mykola graduated from Ivan Franko Lviv University.

Zadorozhnyi, Oleksii

State Fiscal Service of Ukraine

Oleksii Zadorozhnyi is a Head of the Division for CPT Methodology of the Department for Taxation Methodology at the State Fiscal Service of Ukraine.

SEMINARSPEAKERS

SEMINARSPEAKERS

Kirillov, Andrei

Head of International Projects Taxes and Law Department, Baker Tilly Russaudit

Andrei Kirillov is the Head of International Projects Taxes and Law Department at Baker Tilly Russaudit. Andrei advises clients on national and international corporate and individual tax issues, including on disputes resolving with tax authorities of Russian Federation. He has diverse experience in helping both foreign clients investing into Russia, and Russian clients investing abroad to streamline their tax and legal structuresAndrei graduated with honors from Moscow State Institute of International Relations of the Ministry of Foreign Affairs of the Russian Federation (MGIMO University), Moscow, Russia (International Lawyer with Foreign Language Skills).

Selezen, Pavlo

Senior Research Fellow, PhD in Law, National Center for Tax Issues Research

Pavlo Selezen has been working as a Senior Research Fellow of the Foreign Tax Research Department of the National Center for Tax Issues Research at the National University of the State Tax Service of Ukraine starting from 2007.

Pavlo authors more than 30 research papers focused on international taxation, including 4 monographs. He is the Head of Council of young scholars of the National Center for Tax Issues Research.

Matchekhin, Victor

Head of Tax, Linklaters

(Russia)

Victor Matchekhin leads tax practice in Moscow office ofLinklaters and specialises in general and international taxlaw. He has extensive experience advising internationalinvestors on taxation issues relating to setting up andstructuring their operations in Russia, including jointventures.Victor has received law degrees from Plekhanov RussianEconomic University, Moscow State Law Academy and theRussian School of Private Law and has a PhD degree. He isnow professing financial and tax law in Moscow State LawAcademy and Russian School of Private Law. Victor is anauthor of numerous publications on taxation in Russia andabroad.

Bruk, Boris

Counsel, Dentons (Russia)

Boris Bruk is of counsel in Dentons’ Moscow office. He specializes in general corporate and international tax law and has considerable experience in advising on tax aspects of corporate restructurings.

In particular, Boris advises clients on tax structuring in connection with financing joint ventures in Russia, cross border transactions, and inbound and outbound investments. His work has involved the development of tax-efficient personal and corporate holding structures and the structuring of financing and IP holding activities, as well as counselling with regard to the mitigation of identified tax exposures. Boris’ background also includes IPO-related tax consulting services.

Tuesday, October 28, 2014

09:00 – 09:10 Welcome Address

9:10 – 11:30 Update on BEPS Action Plan: OECD Discussion Release on September 16, 2014Business Purpose Doctrine and Doctrine of Substance over Form as BEPS analogue in Ukraine: Ukrainian Court Practice

On 16 September 2014 the Organization for Economic Co-operation and Development (OECD) released a series of deliverables that address seven of the focus areas in its Action Plan on Base Erosion and Profit Shifting (BEPS). What was planned and what was achieved: digital economy, hybrid arrangements, harmful tax practices, granting of treaty benefits, transfer pricing aspects of intangibles, transfer pricing documentation country-by-country reporting, and multilateral modification of bilateral tax treaties. Ukraine as non-OECD member has so far developed its own groundwork with regard to doctrine-based interpretation of anti-offshore practice, as exemplified by relevant court cases.

Panelists: Anton Polianychko, High Administrative Court of UkrainePavlo Selezen, National Center for Tax Issues ResearchOleksandr Maydanyk, Egorov Puginsky Afanasiev & Partners UkraineOleg Shmal, PwC Ukraine

11:30 – 11:45 Networking Coffee Break

11:45 – 12:30 Expected Changes in Anti-offshore Measures in Ukraine: Insiders’ View

To meet IMF requirements and in the context of EU-Ukraine Association, Ukrainian government has recently drafted a number of relevant legislative initiatives, including those focused on countering harmful tax practice in Ukraine.

Panelists:

Mykola Chmeruk, Ministry of Finance of Ukraine

Oleksii Zadorozhnyi, State Fiscal Service of Ukraine

12:30 – 14:00 Anti-offshore Draft Legislation in Russian Federation: Insight into Fundamental Game-Changes

Discussion of the Russian draft law on controlled foreign companies and other anti-offshore measures: determination of the company’s tax residence based on the place of its management, beneficial ownership, taxation of real estate transactions and many others. When adopted the draft law will become one of the most fundamental game-changes over the few decades in respect of taxation of the international structures of Russian beneficiaries and the fight against tax evasion.

Panelists (via telecom):

Victor Matchekhin, Linklaters Russia

Boris Bruk, Dentons Russia

Andrei Kirillov, Baker Tilly Russaudit

General Partners Information Support Hosting Company

GENERALINFORMATION

SEMINARREGISTRATION

Official Website For detailed and updated Seminar information, we invite you to visit the IFA Ukraine website at  ifa-ukraine.org

Official language

The Seminar languages are Ukrainian and Russian.

Venue

Seminar will take place at PwC Ukraine (75 Zhylyanska St.), Kyiv, Ukraine.

Sponsorship

If you are interested in sponsorship opportunities, please contact IFA Ukraine at ifa@ifa-ukraine.org.

Registration Office

For inquiries regarding registration and accommodation, please contact:

IFA Ukraine Tel.: +380 44 284 18 65 Email: ifa@ifa-ukraine.org

Address: 28, Fizkultury Str., 8th fl.Kyiv 03680, Ukraine

Registration

We invite you to register online.

To  activate online registration link please click here .

Registration Fee

Non-members – UAH 2,000; EBA Member Companies – UAH 1,500; IFA Ukraine Members – UAH 1,000.

Registration Inclusions

Seminar registration includes participation in sessions, electronic access to technical papers and refreshments during seminar hours.

Payment Order IFA Ukraine will email the invoice upon receiving electronic registration.

All charges related to payments by bank transfers must be covered by the Participants.

Seminar hours

9 am – 2 pm

General Partners

Information Support Hosting Company