SCTP: Recent Landmark Tax Cases in the Region (In-Person)

Recommended: Get an update and gain insights on the key tax cases in Malaysia and Indonesia

Date:

25 September 2024, Wednesday

Closing date: 18 September 2024, Wednesday or when spaces are filled

Registration

Notify Me of Next Session

Time:

09.30AM - 01.00PM

Registration starts at 9am

Venue:

Room2F

Bras Basah Complex

#04-07

231 Bain Street

Singapore 180231

CPE Hours (Income Tax):

3 hour(s)

CPE Hours (GST):

0.5 hour(s)

SILE Public CPD Points:

3.5

Practice Area:

Tax

Training Category:

Intermediate

Fees:

(w/GST): $75.21 $85.02 (SCTP/ ISCA Member); $116.63 $126.44 (Association Member); $160.23 $170.04 (Non-Member)

Contact:

Contact Nabila (+(65) 6360 5969), Anna (+(65) 6360 5979) or enquiry@sctp.org.sg

Share the Event:

Programme Synopsis

This is an SILE-accredited activity.

Participants who wish to obtain CPD Points are reminded that they must comply strictly with the Attendance Policy set out in the CPD Guidelines. For this activity, this includes signing in on arrival and signing out at the conclusion of the activity in the manner required by the organiser, and not being absent from the entire activity for more than 15 minutes. Participants who do not comply with the Attendance Policy will not be able to obtain CPD Points for attending the activity. Please refer to http://www.sileCPDcentre.sg for more information.

Critical areas such as asset disposals, business restructuring, tax incentives, stamp duty, customs regulations, and transfer pricing have been covered in legal disputes in the region in the past year. Some have been gaining much buzz globally.

Keysight Technologies (M) Sdn Bhd vs DGIR is one such example. This landmark case against the Malaysian tax authority involving the disposal of intellectual property rights has significant implications for the tax treatment of restructuring activities involving asset and IP disposals.

Come hear directly from the Malaysian team involved in the case - Ms Adeline Wong, Partner, Wong & Partners (member firm of Baker McKenzie International) and Head of the Asia Pacific Tax Practice Group of Baker McKenzie, as well as Mr Jason Liang, Partner, and Mr Jeff Sum, Senior Associate, both from Wong & Partners.

From Indonesia, Mr Ponti Partogi, Partner, HHP Law Firm (member firm of Baker & McKenzie International), will be sharing on audit trends and court cases related to the recharacterisation of services and other business profit-related income, the domestic TP adjustments, as well as the introduction of relevant secondary adjustments. We will also discuss the Tax Court's perspectives in making the decisions.

Be sure you are part of the discussion in this not-to-be-missed half-day dissect of the region’s tax cases, aimed at equipping tax practitioners and businesses with the insights needed to anticipate audit trends and effectively counteract the challenges posed by tax authorities.

Programme Outline

Know the tax areas that were in the spotlight in 2023 in Malaysia and Indonesia, and understand the implications that these decisions will have on future cases.

Income Tax

Asset Disposal: Keysight Technologies Malaysia Sdn Bhd v KPHDN

- Examine the tax treatment of IP disposals, its implications on restructuring scenarios and principles of time-bar

Reinvestment Allowance: Ketua Pengarah Hasil Dalam Negeri v Tenaga Nasional Bhd

- Examine disputes pertaining to the taxpayers’ eligibility to claim reinvestment allowance and typical challenges posed by the IRB

Transfer Pricing: Ketua Pengarah Hasil Dalam Negeri v Watsons Personal Care Stores (M) Holdings Ltd

- Understand the ambit of the IRB’s powers in making TP adjustments on intercompany loans and ways to demonstrate a defensible TP position

Others

- Pemungut Duti Setem v Havi Logistics (M) Sdn Bhd: Explore the stamp duty treatment of asset purchase agreements involving the transfer of fixed assets

- Hong Leong Yamaha Motor Sdn Bhd v Ketua Pengarah Kastam, Jabatan Kastam Diraja Malaysia: Understand audit risks pertaining to the application of tax exemption orders and how to mitigate the same

SCTP reserves the right to vary any aspect of the event/ webinar should the situation warrant or due to unforeseen circumstances. This includes but not limited to the following: cancel the programme, change the venue, speakers, programme dates, fees and CPE hours. SCTP will take reasonable effort to notify participants of the changes.

About the Facilitator(s)

Ms Adeline Wong
Partner and Head of the Asia Pacific Tax Practice Group of Baker McKenzie
Wong & Partners
Member firm of Baker McKenzie International

Adeline has extensive experience in tax planning and tax advisory for local, regional and cross-border corporate exercises include joint ventures, new operations, mergers and acquisitions, restructuring and downsizing, amongst others. She regularly advises multinational corporations, investment banks, other financial institutions and high net worth families on tax, trust, and estate planning issues. Adeline is frequently approached by regulatory authorities in Malaysia for input on law reform and implementation of legal and tax frameworks.

Regarded as a leader in her field by leading legal directories, she has been ranked Band 1 for 15 consecutive years by Chambers Asia Pacific for Tax since 2018. In Chambers High Net Worth Guide, she has also been ranked Band 1 for Private Wealth Law for 4 consecutive years. She has also been the recipient of multiple prestigious awards, including Best in Tax and Best in Transfer Pricing by Euromoney Asia Women in Business Law Awards and Lawyer of the Year for Tax by The Legal 500 Southeast Asia Awards.

Mr Ponti Partogi
Partner
HHP Law Firm
Member firm of Baker McKenzie International

Ponti is the head of the Tax and Customs Practice Group at HHP Law Firm, member firm of Baker & McKenzie International. He has been practicing for more than 20 years, focusing on domestic and international tax and trade issues relating to inbound and outbound investment and cross-border corporate exercises including JVs, M&As, divestitures, spin-offs and takeovers. His combined legal and accounting background allows him to provide comprehensive tax advice on various transactions both from the legal and the accounting perspective.

Ponti is also a seasoned tax litigator who has been successfully assisting clients on matters relating to tax disputes and controversies, transfer pricing, tax credits, double tax treaties, withholding tax, VAT and tax incentives. He represents clients from various industries and lines of businesses, including natural resources, manufacturing and trading and services, in their tax litigation processes at the Tax Court and the Supreme Court, several of which have become key landmark cases in Indonesia.

Ponti has been voted as one of Indonesia's Tax Leader for Tax Controversy and Indirect Tax by the International Tax Review World Tax from 2019 – 2022 and consistently ranked as the Leading Individual for Tax various legal publications such as Chambers & Partners Asia Pacific and the Asia Pacific Legal 500. Recently, Ponti has been included in the Asia Business Law Journal A-List of Indonesia's Top Lawyers 2024 and Distinguished Practitioner in Tax by AsiaLaw.

Mr Jason Liang
Partner
Wong & Partners
Member firm of Baker McKenzie International

Jason specialises in tax disputes and controversies, with experience in handling all aspects of tax litigation. He regularly appears before the national courts and tax tribunals, representing clients on landmark tax disputes and precedent setting cases. He has advised and represented clients on a wide spectrum of issues ranging from anti-avoidance, transfer pricing, stamp duty, real property gains tax, customs duty, indirect taxes, deductibility of capital and income expenses, and withholding tax.

Jason's practice extends to advising on legal and regulatory issues affecting multinational corporations in Malaysia. He has acted for clients in corporate exercises which includes cross border mergers and acquisitions, joint ventures and establishing of new operations in Malaysia for clients from various industries including manufacturing, telecommunications, aviation and shipping, insurance, banking and wealth management.

Jason is named as a Leading Individual for Tax by Legal 500 Asia Pacific and recently ranked Band 4 for Tax Chambers Asia Pacific, having previously listed as Up & Coming. He regularly speaks at various international conferences and events in Malaysia, Singapore, Hong Kong, Europe and the United States, and is often called upon to conduct trainings for various multinational clients namely on, tax developments in emerging and growth leading economies, transparency and information exchange on foreign tax audits and controversies, tax investigations and tax litigation considerations during an audit and investigation.

Mr Jeff Sum
Senior Associate
Wong & Partners
Member firm of Baker McKenzie International

Jeff is a senior associate in the Tax, Trade and Wealth Management Practice Group of Wong & Partners.

He specialises in tax litigation, audits, and investigations, assisting clients in navigating tax authority audits, investigations, and dawn raids. Jeff is experienced in guiding taxpayers through amicable settlements and, when necessary, representing them in precedent-setting tax cases before national courts and tax tribunals.

In addition to his tax disputes expertise, Jeff also advises clients on a wide range of trade and customs matters, including cross-border supply chain strategies, customs valuation and classification, use of free trade agreements and special customs areas, import and export restrictions, export control and sanctions, trade remedies, customs audit and controversies, and other domestic regulatory issues. He further advises on direct and indirect tax matters and is skilled in tax restructurings and supply chain planning.

This is an SILE-accredited activity.

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