Tax Advisers - Deloitte
Tax Advisers - Deloitte
Tax Advisers - Deloitte
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www.expertguides.com<br />
The Legal Media Group Guide to the World’s Leading<br />
<strong>Tax</strong> <strong>Advisers</strong>
CONTENTS<br />
Guide to the World’s Leading<br />
<strong>Tax</strong> <strong>Advisers</strong><br />
Research manager<br />
Tatiana Hlivka<br />
Sub-editors<br />
Rebecca Skipwith<br />
Maria McGrady<br />
Production manager<br />
Richard Oliver<br />
Production editor<br />
João Fernandes<br />
Business manager<br />
Matthew Lakin<br />
Project manager<br />
Jonathan McReynolds<br />
Publisher<br />
Danny Williams<br />
Director<br />
Christopher Fordham<br />
For additional copies of this publication<br />
please contact:<br />
Tatiana Hlivka<br />
Legal Media Group<br />
Nestor House<br />
Playhouse Yard<br />
London, EC4V 5EX<br />
Tel: (44) 20 7779 8418<br />
Fax: (44) 20 7779 8678<br />
Email: thlivka@legalmediagroup.com<br />
RRP £65/€100/US$110<br />
©Euromoney Institutional Investor PLC<br />
January 2007<br />
No matter contained herein may be reproduced,<br />
duplicated or copied by any means without the prior<br />
consent of the holder of the copyright, requests for<br />
which should be addressed to the publisher. Although<br />
Euromoney Institutional Investor PLC has made<br />
every effort to ensure the accuracy of this publication,<br />
neither it nor any contributor can accept any legal<br />
responsibility whatsoever for consequences that may<br />
arise from errors or omissions, or any opinions or<br />
advice given. This publication is not a substitute for<br />
professional advice on specific transactions.<br />
Directors: Padraic Fallon, Lord Rothermere, Sir<br />
Patrick Sergeant, Charles Sinclair, Peter Williams,<br />
Richard Ensor, Chris Brown, Neil Osborn, Dan<br />
Cohen, Gerard Strahan, John Botts, Edoardo<br />
Bounous, Colin Jones, Simon Brady, Tom Lamont,<br />
Diane Alfano, John Bolsover, Gary Mueller, Mike<br />
Carroll, Christopher Fordham<br />
Cover image © mjutabor/BigStockPhoto.com<br />
The Queens Award for<br />
Export Achievement 1999<br />
2 Methodology<br />
3 Argentina editorial<br />
5 Argentina<br />
10 Australia<br />
15 Austria<br />
17 Belgium editorial<br />
19 Belgium<br />
26 Bolivia<br />
27 Brazil<br />
34 Canada editorial<br />
36 Canada<br />
58 Chile<br />
62 China<br />
64 Colombia<br />
66 Cyprus<br />
69 Czech Republic<br />
71 Denmark<br />
74 Finland<br />
78 France<br />
84 Germany editorial<br />
86 Germany<br />
104 Hong Kong SAR<br />
108 Hungary<br />
110 India<br />
117 Ireland editorial<br />
118 Ireland<br />
120 Israel<br />
121 Italy<br />
124 Japan<br />
129 Lithuania<br />
130 Luxembourg editorial<br />
132 Luxembourg<br />
136 Mexico<br />
141 The Netherlands editorial<br />
143 The Netherlands<br />
151 New Zealand editorial<br />
153 New Zealand<br />
156 Norway<br />
160 Panama<br />
161 Poland<br />
164 Portugal<br />
172 Russia<br />
175 Singapore<br />
179 South Africa editorial<br />
184 South Africa<br />
195 South Korea<br />
202 Spain editorial<br />
204 Spain<br />
210 Sweden<br />
215 Switzerland<br />
224 United Kingdom<br />
245 United States editorial<br />
247 United States<br />
332 Venezuela<br />
Index<br />
334 Index of firms<br />
1
Methodology<br />
Welcome to the 2007 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>, the international legal<br />
market’s leading guide to the top practitioners in the field of tax advice.<br />
When first published in 1994, the Expert Guides were the first ever guides dedicated<br />
to leading individuals in the legal industry. Since then we have continued to focus on<br />
individuals considered by clients and peers to be the best in their field.<br />
The guides for each practice area are updated every two years. Our research process<br />
involves sending over 4,000 questionnaires to senior practitioners or in-house counsel<br />
involved in each practice area in over 60 jurisdictions, asking them to nominate leading<br />
practitioners based on their work and reputation. The results are analysed and screened<br />
for firm, network and alliance bias. The list of experts is then discussed and refined with<br />
advisers in legal centres worldwide.<br />
Our researchers have compiled a list of specialists in 42 jurisdictions for this guide. These<br />
specialists have been independently offered the opportunity to enhance their listing with<br />
a professional biography. The biographies give readers valuable, detailed information<br />
regarding each lawyer’s practice and, if appropriate, their work and clients.<br />
We owe the success of this guide to all the in-house counsel and firms that completed<br />
questionnaires and met our researchers. Thank you. We hope you find the guide to be<br />
a useful tool.<br />
Tatiana Hlivka<br />
Research manager<br />
2 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Argentina<br />
Argentina: time for<br />
comprehensive reform?<br />
Only five years have elapsed since the crisis that rocked<br />
Argentina in late 2001 and early 2002, and yet the economic<br />
outlook has now entirely changed in ways not even the most<br />
optimistic forecaster could have predicted during those<br />
difficult years.<br />
The Argentine economy has recovered well since that time,<br />
with GDP growing 9% on average each year, a growth that<br />
is currently driven mainly by exports, construction,<br />
manufacturing and financial activities. At the same time,<br />
consumption is also stimulated by government spending and<br />
social programs.<br />
Despite concerns on several fronts, such as infrastructure<br />
needs in the energy sector, fears of over-regulation and other<br />
measures that would be required to enable sustainable<br />
growth, economists and businessmen are increasingly<br />
optimistic about the future performance of the country.<br />
<strong>Tax</strong> revenues<br />
<strong>Tax</strong> revenues in Argentina have increased sharply, as shown<br />
in the chart below.<br />
Diego Etchepare (top) The federal primary surplus that has been observed lately is<br />
and Andrés Edelstein due to high value-added tax receipts and a strong<br />
PricewaterhouseCoopers performance by income taxes, reflecting the recovery in<br />
Buenos Aires<br />
GDP and also a certain degree of success in the fight against<br />
tax evasion and the informal economy.<br />
However, this excellent performance is shadowed by the fact that the fiscal sustainability<br />
greatly depends on a couple of distorting taxes, for example export duties and the tax on<br />
financial transactions – tax on checks – and also on the lack of recognition of inflation<br />
for tax purposes. Notwithstanding that corporate income tax and VAT are imposed at<br />
relatively high rates (35% and 21% respectively), the breakdown of tax revenues shows<br />
that the two main distorting taxes contribute 20% of the tax collection, and have been<br />
playing an important role in the remarkable levels of tax revenues.<br />
These circumstances, among other factors, explain why Argentina has performed poorly<br />
in the recent survey conducted as part of the World Bank Doing Business report, Paying<br />
Collection of taxes at federal level<br />
3
Argentina<br />
<strong>Tax</strong>es, the global picture (2006), by the World Bank and PricewaterhouseCoopers<br />
comparing tax regimes around the world.<br />
How to reform<br />
There seems to be a consensus on the necessity of reducing or repealing these so-called<br />
distorting taxes through a major tax reform. The dilemma the government has to face is<br />
how to implement these changes without jeopardizing the current fiscal surplus, a crucial<br />
aspect to which the authorities have been paying close attention, and which makes a<br />
substantial reform a challenging exercise.<br />
The government has so far been reluctant to consider eliminating these taxes in view of<br />
satisfactory performance. The enactment of special tax regimes to promote investments<br />
shows that the authorities are conscious of the high level of taxation and willing to<br />
encourage investment projects, although the budget devoted to that end is limited. We<br />
refer to the temporary regime for investments in capital assets and infrastructure works<br />
and the software promotion regime (Law 25,924 and 25,922 respectively, both enacted in<br />
2004), and the special regimes for the production and use of Biofuel and Hydrocarbons<br />
(Law 26,093 and 26,154 respectively, both launched in 2006).<br />
Although there are conflicting views on the impact of tax cuts on the flow of foreign direct<br />
investment (FDI) and no simple relationship seems to exist between the overall level of<br />
taxation and long-term economic growth, studies do find evidence of the negative<br />
influence of high levels of taxation. Moreover, there are clear signs that the level of<br />
taxation has significant influence on investment decisions.<br />
In the context of fierce competition among countries to attract investments, the design<br />
and implementation of a tax system that encourages them, together with other sound<br />
measures aimed at improving the investment climate and the business environment,<br />
should be one of the main items of the Argentine Government’s agenda.<br />
According to the World Bank publication mentioned above, tax reductions are possible<br />
when reforms target increasing compliance and the tax base. Three ways to start a good<br />
reform are discussed in the report: simplification of the tax legislation, which also implies<br />
the repeal of exemptions or special treatments; easing filing requirements, for instance by<br />
making electronic filing possible and eliminating excessive paperwork; and consolidating<br />
taxes. These general guidelines may well be taken into consideration in the establishment<br />
of a friendlier tax system in Argentina, together with other specific initiatives such as the<br />
alignment of tax policies among the different taxing jurisdictions (federal, provincial and<br />
municipal levels), and the expansion of the tax treaty network (composed of 18 treaties,<br />
most of them concluded with European and American countries).<br />
In the meantime, to take advantage of the many opportunities that the Argentine<br />
economy offers, careful tax planning is essential, not only to ensure that all the tax<br />
implications and exposures have been duly addressed, but also to determine whether the<br />
project fits the scope of the various tax incentive regimes currently available.<br />
4 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Argentina<br />
Diego Etchepare<br />
PricewaterhouseCoopers<br />
Bouchard 557<br />
C1106ABG – Buenos Aires<br />
Argentina<br />
Tel: (54) 11 4850 4651<br />
Fax: (54) 11 4850 4699<br />
Email: diego.h.etchepare@ar.pwc.com<br />
Website: www.pwc.com/ar<br />
Diego Etchepare is an expert in all matters related to national and provincial taxation,<br />
and advises international corporations doing business in Argentina.<br />
He was the partner in charge of the tax and legal practice in PricewaterhouseCoopers’s<br />
Buenos Aires office until July 2001, when he became the partner in charge of the Buenos<br />
Aires firm. With more than 20 years’ experience in the taxation area, he has been<br />
assisting multinational clients to structure their investments and acquisitions in<br />
Argentina.<br />
He has been a professor on taxation at the Universidad de Belgrano for 15 years and is<br />
a frequent speaker at seminars and conferences organized by leading local professional<br />
associations.<br />
He has also addressed international seminars in the US, Canada and other countries in<br />
South America.<br />
He has published numerous articles in the technical press, as well as co-writing four<br />
books on tax practice and theory.<br />
He is a member of the Argentina Fiscal Association and of the <strong>Tax</strong>ation Executive<br />
Committee of the Professional Association of CPAs. At present, he is a member of the<br />
consultative council of the School of Economic Sciences at the Universidad de Belgrano.<br />
He is also a member of the Advisory Council in Argentina of the IDEC – Universidad<br />
Pompeu Fabra, Spain.<br />
5
Argentina<br />
Carlos Iannucci<br />
<strong>Deloitte</strong><br />
Pte Gral J D Peron 646, 2nd Floor<br />
Ciudad Autónoma de Buenos<br />
C1038AAN Buenos Aires<br />
Argentina<br />
Tel: (54) 11 4320 2736<br />
Fax: (54) 11 4320 4066<br />
Email: ciannucci@deloitte.com<br />
Website: www.deloitte.com<br />
Carlos Iannucci is an international tax partner at <strong>Deloitte</strong> with 20 years of experience<br />
in tax services. He is the tax department director in Argentina and Latco, and also leads<br />
the Latin American indirect tax practice.<br />
Carlos has vast experience in serving multinational enterprises doing business in Latin<br />
America. He is a senior adviser on international tax planning strategies, indirect tax<br />
planning, cross-border transactions and mergers and acquisitions.<br />
He is a frequent speaker at tax conferences and seminars in various countries and has been<br />
distinguished over the last few years as a top tax adviser in Argentina by International <strong>Tax</strong><br />
Review and Mondaq. He is also a professor of taxation at the Universidad Católica<br />
Argentina, and a member of the International Fiscal Association and the Argentine <strong>Tax</strong><br />
Association.<br />
6 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Argentina<br />
Pablo F Tonina<br />
<strong>Deloitte</strong><br />
Florida 234, 5th Floor<br />
C1005AAF Buenos Aires<br />
Argentina<br />
Tel: (54) 11 4320 2700 ext 2145<br />
Fax: (54) 11 4325 8081<br />
Email: ptonina@deloitte.com<br />
Website: www.deloitte.com<br />
Pablo F Tonina is a tax partner at <strong>Deloitte</strong>, based in Buenos Aires, Argentina. He has<br />
more than 20 years of experience in serving multinationals, major local companies and<br />
financial institutions in corporate and international tax issues.<br />
Mr Tonina is the lead tax partner for several large consumer, manufacturing, technology<br />
and financial services industry clients. He is also responsible for the Latin American<br />
coordination of tax services for several of <strong>Deloitte</strong>’s global strategic clients.<br />
Since 1988, Mr Tonina has consistently been listed among the leading tax advisers in<br />
Argentina in various market surveys. He is a regular lecturer at business institutions,<br />
universities and professional entities, sharing his expertise in various tax matters. He also<br />
is a contributor to a number of specialized technical publications.<br />
Mr Tonina is a certified public accountant. He graduated from the School of Economics,<br />
Argentine Catholic University, and is a member of the Argentine <strong>Tax</strong> Association and<br />
the International <strong>Tax</strong> Association.<br />
7
Argentina<br />
Alejandro Claudio Altamirano<br />
Estudio Beccar Varela, Buenos Aires<br />
Francisco J Antognini<br />
Ernst & Young, Buenos Aires<br />
Rubén O Asorey<br />
Asorey & Navarrine, Buenos Aires<br />
Manuel María Benites<br />
Pérez Alati Grondona Benites Arntsen & Martinez, Buenos Aires<br />
Carlos Casanovas<br />
Ernst & Young, Buenos Aires<br />
Marcelo A Castillo<br />
KPMG, Buenos Aires<br />
Andrés M Edelstein<br />
PricewaterhouseCoopers, Buenos Aires<br />
Diego Etchepare (see bio)<br />
PricewaterhouseCoopers, Buenos Aires<br />
Jorge Gebhardt<br />
Ernst & Young, Buenos Aires<br />
Eduardo Gil Roca<br />
PricewaterhouseCoopers, Buenos Aires<br />
Gabriel Gotlib<br />
Marval O’Farell & Mairal, Buenos Aires<br />
Carlos Iannucci (see bio)<br />
<strong>Deloitte</strong>, Buenos Aires (see advert on inside front)<br />
Susana C Navarrine<br />
Asorey & Navarrine, Buenos Aires<br />
Matias Olivero Vila<br />
Bruchou Fernandez Madero Lombardi & Mitrani, Buenos Aires<br />
Daniel Rybnik<br />
EnterPricing, Buenos Aires<br />
Alberto Tarsitano<br />
Cárdenas Di Cio Romero & Tarsitano, Buenos Aires<br />
Guillermo Orlando Teijeiro<br />
Negri & Teijeiro Abogados, Buenos Aires<br />
Miguel Alejandro Máximo Tesón<br />
Estudio O’Farrell, Buenos Aires<br />
Pablo F Tonina (see bio)<br />
<strong>Deloitte</strong>, Buenos Aires (see advert on inside front)<br />
8 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
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Australia<br />
Mark Green<br />
Minter Ellison<br />
Rialto Towers<br />
525 Collins Street<br />
Melbourne, Victoria, 3000<br />
Australia<br />
Tel: (61) 3 8608 2380<br />
Fax: (61) 3 8608 1000<br />
Email: mark.green@minterellison.com<br />
Website: www.minterellison.com<br />
Mark joined Minter Ellison in March 2002. He is a former senior tax partner in Ernst<br />
& Young’s corporate group and deputy managing partner of Ernst & Young’s tax<br />
practice. Mark is one of Victoria’s leading advisors on tax and related structuring<br />
issues, and is also managing partner of Minter Ellison Melbourne.<br />
He has been extensively involved in the energy and infrastructure sectors and, while<br />
with Ernst & Young, was national industry leader of its energy and utility practice.<br />
Mark also has significant experience advising on mergers and acquisitions for<br />
corporate entities, including tax effective financing. He has a strong background<br />
advising corporate and government entities generally on Australian State and Federal<br />
taxation and excise laws.<br />
He continues to work with international organizations, particularly US, French, UK<br />
and Asian companies, investing in Australia, with a focus in the finance, energy and<br />
infrastructure sectors.<br />
He is past president of the Australian New Zealand Chamber of Commerce and Industry<br />
and a guest lecturer in international taxation at Monash University Faculty of Law.<br />
He is a fellow of the <strong>Tax</strong> Institute of Australia and a member of the Australian Institute<br />
of Company Directors, International Fiscal Association and The Law Institute of<br />
Victoria.<br />
10 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Australia<br />
Gordon Thring<br />
<strong>Deloitte</strong><br />
180 Lonsdale Street<br />
Melbourne VIC 3000<br />
Australia<br />
Tel: (61) 3 9208 7666<br />
Fax: (61) 3 9208 7702<br />
Email: gthring@deloitte.com.au<br />
Website: www.deloitte.com.au<br />
Gordon Thring has been an international tax partner in the Melbourne office of<br />
<strong>Deloitte</strong> since 2000. He joined the firm having previously been a partner for over five<br />
years at another big-four accounting firm and has 23 years’ experience in taxation. He<br />
is a fellow of the Institute of Chartered Accountants, a fellow of the Australian Certified<br />
Practising Accountants, and a fellow of the <strong>Tax</strong>ation Institute of Australia.<br />
Gordon’s recent assignments include international structuring and cross-border<br />
mergers and acquisitions transactions for large multinational corporations based in<br />
Australia as well as inbound investment into Australia. He has particular experience in<br />
tax-efficient international financing structures, off-balance-sheet structures, intellectual<br />
property tax planning, thin capitalization, mergers and acquisitions including floats, and<br />
de-mergers and takeovers.<br />
Gordon lectures extensively on international and corporate tax topics at seminars and<br />
has contributed many articles to publications dealing with international and Australian<br />
taxation.<br />
Gordon is also the chair of the Australian CPA’s National <strong>Tax</strong> Committee and sits on<br />
several liaison groups with the Australian Treasury and Australian <strong>Tax</strong>ation Office<br />
officials.<br />
11
Australia<br />
Charles Armitage<br />
Allens Arthur Robinson, Sydney<br />
Allan Blaikie<br />
Clayton Utz, Sydney<br />
David Bloom QC<br />
Seven Wentworth Chambers, Sydney<br />
Bill Cannon<br />
Blake Dawson Waldron, Sydney<br />
Anthony Clemens<br />
PricewaterhouseCoopers, Sydney<br />
Michael Clough<br />
Mallesons Stephen Jaques, Melbourne<br />
Peter Collins<br />
PricewaterhouseCoopers, Melbourne<br />
David Cominos<br />
Clayton Utz, Brisbane<br />
Graeme Cotterill<br />
Mallesons Stephen Jaques, Perth<br />
John W De Wijn QC<br />
Owen Dixon Chambers West, Melbourne<br />
Richard Dukes<br />
Atanaskovic Hartnell, Sydney<br />
John William Durack SC<br />
Ground Floor Wentworth Chambers, Sydney<br />
Tony Frost<br />
Greenwoods & Freehills Pty Limited, Sydney<br />
Peter Green<br />
Mallesons Stephen Jaques, Sydney<br />
Mark Green (see bio)<br />
Minter Ellison, Melbourne<br />
Michael Happell<br />
PricewaterhouseCoopers, Melbourne<br />
Vik Khanna<br />
Ernst & Young, Melbourne<br />
John C King<br />
Mallesons Stephen Jaques, Sydney<br />
Larry Magid<br />
Allens Arthur Robinson, Sydney<br />
James Hamilton Momsen<br />
Fifth Floor Selborne Chambers, Sydney<br />
12 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Australia<br />
Paul O’Donnell<br />
Ernst & Young, Sydney<br />
G Tony Pagone QC<br />
Owen Dixon Chambers West, Melbourne<br />
Kevin Pose<br />
Allens Arthur Robinson, Melbourne<br />
Cameron Rider<br />
Allens Arthur Robinson, Melbourne<br />
David Graham Russell QC<br />
Ground Floor Wentworth Chambers, Sydney<br />
Richard Shaddick<br />
Shaddick & Spence, Melbourne<br />
Tony Slater QC<br />
Ground Floor Wentworth Chambers, Sydney<br />
Ken Spence<br />
Shaddick & Spence, Melbourne<br />
Ian Stanley<br />
Mallesons Stephen Jaques, Sydney<br />
Brendan James Sullivan SC<br />
Tenth Floor Selborne/Wentworth Chambers, Sydney<br />
Gordon Thring (see bio)<br />
<strong>Deloitte</strong>, Melbourne (see advert on inside front)<br />
Michael H Wachtel<br />
Ernst & Young, Melbourne<br />
David A Watkins<br />
KPMG, Sydney<br />
Sue Williamson<br />
Allens Arthur Robinson, Melbourne<br />
David Wood<br />
Mallesons Stephen Jaques, Melbourne<br />
13
Commercial<br />
Banking & finance<br />
and capital markets<br />
<strong>Tax</strong><br />
Administrative business law<br />
Real estate and<br />
project development<br />
Commercial litigation<br />
and arbitration<br />
Cerha Hempel Spiegelfeld Hlawati<br />
Partnerschaft von Rechtsanwälten<br />
Parkring 2, A-1010 Vienna<br />
Tel.: +43/1/514 35-0<br />
Fax: +43/1/514 35-35<br />
office@chsh.at<br />
www.chsh.at<br />
CHSH Bratislava Brussels Bucharest Budapest Vienna<br />
in alliance with BSJP Gdansk Katowice Poznan Warsaw Wroclaw
Austria<br />
Clemens Hasenauer<br />
CHSH Cerha Hempel Spiegelfeld Hlawati<br />
Parkring 2<br />
1010 Vienna<br />
Austria<br />
Tel: (43) 1 514 35 321<br />
Fax: (43) 1 514 35 39<br />
Email: clemens.hasenauer@chsh.at<br />
Website: www.chsh.at<br />
Dr Clemens Hasenauer is partner and member of the banking and corporate finance<br />
team at CHSH. His broad experience includes numerous negotiated mergers and<br />
acquisitions transactions and complex corporate reorganizations, in particular relating to<br />
large international joint ventures as well as takeover proceedings. Clemens Hasenauer<br />
has regularly advised on private equity transactions and has structured and negotiated<br />
numerous cross-border transactions, including in-bound and out-bound investments<br />
and acquisitions. Recently, Mr Hasenauer advised OMV on the $1.1 billion purchase of<br />
a 34% stake in Petrolofisi.<br />
Clemens Hasenauer graduated from the University of Vienna (Mag iur 1994, Dr iur<br />
1996) and from New York University School of Law (LLM 1997) as a Fulbright Scholar.<br />
For more than three years he gained professional experience in New York and London<br />
and is also admitted to the Bar of New York. Clemens Hasenauer has written numerous<br />
publications in his areas of expertise and is a frequent speaker at seminars and lectures.<br />
He chairs one of the leading Austrian mergers and acquisitions conferences.<br />
CHSH is one of Austria’s largest law firms, with strong international links and offices in<br />
Vienna, Bratislava, Brussels, Budapest, Bucharest, Warsaw, Gdansk, Katowice, Poznan<br />
and Wroc_aw. At present, there are 12 partners and 68 lawyers at the Vienna office.<br />
15
Austria<br />
Wolf-Dieter Arnold<br />
ARNOLD Rechtsanwalts-Partnerschaft, Vienna<br />
Nina Doralt<br />
Ernst & Young, Vienna<br />
Florian Gibitz<br />
bpv Hügel Rechtsanwälte OEG, Vienna<br />
Andreas Hable<br />
Binder Grösswang Rechtsanwälte, Vienna<br />
Clemens Hasenauer (see bio)<br />
CHSH Cerha Hempel Spiegelfeld Hlawati, Vienna (see advert<br />
on page 14)<br />
Christian Hoenig<br />
Wolf Theiss, Vienna<br />
Hanns F Hügel<br />
bpv Hügel Rechtsanwälte OEG, Vienna<br />
Reinhard Leitner<br />
Leitner + Leitner, Linz<br />
Johann Mühlehner<br />
KPMG Gruppe Österreich, Vienna<br />
Roland Rief<br />
Ernst & Young, Vienna<br />
Friedrich Roedler<br />
PricewaterhouseCoopers, Vienna<br />
Niklas Schmidt<br />
Wolf Theiss, Vienna<br />
Robert Schneider<br />
SchneideR’S Attorney at Law, Vienna<br />
Claus Staringer<br />
Freshfields Bruckhaus Deringer, Vienna<br />
Hellwig Torggler<br />
Schönherr, Vienna<br />
Hans Zoechling<br />
KPMG Gruppe Österreich, Vienna<br />
16 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Belgium<br />
Belgium increases its scrutiny<br />
of transfer-pricing issues<br />
Patrick Cauwenbergh<br />
<strong>Deloitte</strong><br />
Brussels<br />
In the 2004 edition of this Guide, we described the Belgian<br />
transfer-pricing regulations introduced on July 9 2004. The<br />
2004 Act introduced the arm’s-length principle as the<br />
domestic legal basis, as well as the concept of correlative<br />
adjustments, which implied that the Belgian tax authorities<br />
would accept a downward adjustment to the taxable results of<br />
the Belgian taxpayer to the extent that it corresponded to a<br />
correct upwards foreign transfer-pricing adjustment.<br />
The 2004 Act overwrote Article 26 of the Belgian Income<br />
<strong>Tax</strong> Code (BITC) in the case of cross-border transactions<br />
between two companies that are part of a multinational<br />
group of associated enterprises; or between two permanent<br />
establishments (one being Belgian), a Belgian head office and<br />
its foreign permanent establishment, or a foreign head office<br />
and its Belgian permanent establishment. However, the domestic controlled<br />
transactions and the cross-border transactions between a company and a physical<br />
person are still covered by Article 26 of the BITC. The 2004 Act also introduced a<br />
more flexible and pragmatic advance-pricing agreement regime, allowing taxpayers to<br />
obtain advance security about all issues related to tax-aligned supply chain structures<br />
(such as exit charges, permanent establishment, relationship between transfer pricing<br />
and customs value, and so on).<br />
In addition to the 2004 Act, in 2005 Belgium introduced a tax deduction for risk capital<br />
(notional interest deduction). Both the 2004 Act and the notional interest deduction<br />
are measures that have made Belgium especially attractive for foreign investments.<br />
Indeed, under the new advance-pricing agreement regime of the 2004 Act, it is<br />
possible to obtain a partial or even total tax exemption of the excess (operating) profit<br />
resulting from restructuring a business, while still respecting the arm’s-length<br />
principle. The second measure, the notional interest deduction, provides for a<br />
deduction from the taxpayer’s taxable base equal to a percentage of the entity’s<br />
(allocated) equity. In the right circumstances, the excessive profit ruling and the<br />
notional interest deduction could be combined and thus provide an effective way to<br />
substantially reduce the group’s effective tax rate. Furthermore, the absence of strict<br />
thin capitalization rules, the relative ease of implementing hybrid financing structures<br />
and the attractive holding company features further contribute to making the Belgian<br />
tax climate similar to, or even more enticing than, those found in more traditional<br />
conduit countries, such as Ireland, Luxembourg or Switzerland.<br />
Along with creating these tax-planning opportunities, the Belgian tax authority<br />
sharpened its focus on the in-depth transfer-pricing audits. In 2005, a special transferpricing<br />
audit squad was established, consisting of specialists and focusing on the<br />
transfer-pricing audits of companies belonging to a multinational group. The squad<br />
uses a detailed customized questionnaire that is time-consuming and difficult to<br />
answer if no transfer-pricing documentation is readily available.<br />
Most recently, on November 20 2006, the Belgian tax administration issued a new<br />
circular that provides the tax administration with general guidelines regarding the<br />
transfer-pricing documentation in the case of an audit. Although the circular does not<br />
impose any obligation to prepare transfer-pricing documentation in advance, it defines<br />
the factors and situations which make the audit likely for certain Belgian taxpayers.<br />
Among these are the following: the use of so-called tax haven countries when no<br />
economic value is added as well as direct and indirect payments to entities in tax<br />
havens; the use of back-to-back arrangements to hide the true nature of a transaction;<br />
complex arrangements and circular structures that produce little or no additional<br />
economic value; structural losses at a level of Belgian group entities; reorganization<br />
and relocation of affiliated entities, particularly involving the valuation and payment<br />
17
Belgium<br />
for intellectual property; and the year-end invoicing of management fees. The circular<br />
also provides a detailed overview of items to be gathered by taxpayers for the<br />
preparation of the transfer-pricing documentation. These items include the<br />
description of the nature and the terms of the relevant tested and potentially<br />
comparable transactions, methods to determine pricing for such transactions,<br />
commercial contracts and the relevant financial information. Other items useful for<br />
the study are the factual information on the taxpayer and its parent multinational<br />
group, industry and market background, description of the contractual relations with<br />
the related parties for tangibles, services and loans, and the taxpayer’s detailed<br />
functional and risk overview.<br />
Being prepared is the best strategy to avoid burdensome retrospective fact gathering<br />
and to lessen the risk that substantial transfer-pricing adjustments take place. The<br />
release of the new circular is another element demonstrating the increased attention<br />
of the Belgian tax authorities to transfer-pricing issues.<br />
18 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Belgium<br />
Patrick Cauwenbergh<br />
<strong>Deloitte</strong><br />
Berkenlaan 8A<br />
B-1831 Diegem<br />
Belgium<br />
Tel: (32) 2 600 6927<br />
Fax: (32) 2 600 6703<br />
Email: pcauwenbergh@deloitte.com<br />
Website: www.deloitte.com<br />
Patrick Cauwenbergh is a tax partner in the Brussels office of <strong>Deloitte</strong> Touche Tohmatsu’s<br />
Belgium affiliate. He joined <strong>Deloitte</strong> in 1999 and is now the partner in charge of <strong>Deloitte</strong>’s<br />
Brussels transfer-pricing practice.<br />
Mr Cauwenbergh has specialized in transfer pricing and international tax planning since<br />
1992, as both practitioner and academic. He is a member of the Institute of Accountancy<br />
and <strong>Tax</strong> <strong>Advisers</strong> (IAB).<br />
Mr Cauwenbergh participates in and conducts transfer pricing and international tax<br />
planning assignments for Europe-based companies (including many of the largest<br />
Belgian controlled groups) regarding their relations with other EU member states,<br />
eastern European countries, Japan and the US. His team at <strong>Deloitte</strong> consists of fully<br />
dedicated transfer-pricing and international tax planning specialists (tax lawyers and<br />
economists) who are active in such areas as fiscal reengineering, European transferpricing<br />
documentation (including comparables searches), competent authority<br />
(including arbitration) procedures, advance-pricing agreements, and defence audits.<br />
Industry studies include chemicals, automotive, consumer goods, telecommunications,<br />
paper and pulp industry, financial services, electronics, general trading and<br />
pharmaceuticals.<br />
Mr Cauwenbergh is the only Belgian lawyer with a PhD on the Belgian and foreign tax<br />
aspects of international transfer pricing. He has been a professor at the University of<br />
Antwerp in international tax law since 1997. He also lectures on transfer-pricing topics<br />
at the University of Leuven (European <strong>Tax</strong> College) and at the University of Ghent.<br />
Mr Cauwenbergh participates in many seminars on transfer pricing and international<br />
tax planning, and is the author of two monographs and a large number of articles in<br />
national and international professional journals.<br />
19
Belgium<br />
Jacques De Witte<br />
<strong>Deloitte</strong><br />
Berkenlaan 8A<br />
B-1831 Diegem<br />
Belgium<br />
Tel: (32) 2 600 6694<br />
Fax: (32) 2 600 6703<br />
Email: jdewitte@deloitte.com<br />
Website: www.deloitte.com<br />
Jacques De Witte is a tax partner in the Brussels office of <strong>Deloitte</strong>.<br />
Mr De Witte began his career in 1976 with Mr Tinnemans, certified public auditor<br />
and founder of <strong>Deloitte</strong> & Touche in Belgium. He became a tax partner in 1988 and<br />
is a member of various business and professional organizations.<br />
Mr De Witte advises mainly corporate but also private clients from all over the world,<br />
specializing in clients who have connections with Japan. His principal areas of activity<br />
are international tax and corporate structuring. He is also known in the field of<br />
personal income tax issues of expatriates.<br />
Mr De Witte has been consistently recognized in Legal Media Group’s survey of<br />
clients and professionals as a leading international tax adviser, and has been named for<br />
several years as one of the top tax advisers in International <strong>Tax</strong> Review’s annual survey.<br />
He is a regular speaker at conferences, universities and management schools on<br />
various aspects of Belgian taxation.<br />
Mr De Witte graduated as an economist from the University of Ghent and has a<br />
degree in accountancy and tax law from the Vlerick School of Management. He is a<br />
member of the Institute of Accountancy and <strong>Tax</strong> <strong>Advisers</strong> (IAB) and the International<br />
Fiscal Association (IFA).<br />
20 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Belgium<br />
Bernard Peeters<br />
Tiberghien<br />
Havenlaan 86C/419 Avenue du Port Wouwstraat 1<br />
1000 Brussels 2640 Mortsel<br />
Belgium Belgium<br />
Tel: (32) 2 773 40 00 Tel: (32) 3 443 20 00<br />
Fax: (32) 2 773 40 55 Fax: (32) 3 443 20 20<br />
Email: bernard.peeters@tiberghien.com<br />
Website: www.tiberghien.com; www.tiberghien.tv<br />
Bernard Peeters, born 1958 in Veurne, joined Tiberghien in 1990. His practice areas<br />
are corporate tax, mergers and acquisitions, private equity, international and European<br />
tax planning and tax treaties.<br />
Mr Peeters is a member of the Brussels Bar and a frequent speaker on tax seminars in<br />
Belgium and abroad. He lectures at the University of Brussels on tax law (double tax<br />
treaties and triangular cases). His memberships include the <strong>Tax</strong> and Legal Committee<br />
of the American Chamber of Commerce in Belgium, the <strong>Tax</strong> and Legal Committee of<br />
the European Venture Capital Association, the <strong>Tax</strong> and Legal Committee of the<br />
Belgian Venturing Association, and the International Fiscal Association.<br />
He is editor of the monthly newsletter on international tax Fiscoloog Internationaal and<br />
a member of the editorial staff of the Tijdschrift voor Fiscaal Recht. He is also the author<br />
of numerous fiscal-related monographs and articles.<br />
Mr Peeters graduated from the University of Brussels (lic iur) in 1981, and received a<br />
Special Degree in company law from the same university in 1982. He is also a tax<br />
graduate of the Fiscale Hogeschool Brussels (1983).<br />
He speaks Dutch, English, French and German<br />
21
Belgium<br />
Jan A Roels<br />
<strong>Deloitte</strong><br />
Berkenlaan 8A<br />
B-1831 Diegem<br />
Belgium<br />
Tel: (32) 2 600 6726<br />
Fax: (32) 2 600 6701<br />
Email: jroels@deloitte.com<br />
Website: www.deloitte.com<br />
Jan Roels is a tax partner in the Brussels office of <strong>Deloitte</strong>. Mr Roels joined Arthur<br />
Andersen in 1977 and became a partner in 1988. He joined <strong>Deloitte</strong> & Touche in<br />
September 2002.<br />
In 2004, Mr Roels was appointed European international tax service line leader for<br />
Europe. He also serves as the European liaison for a number of multinational enterprises<br />
and coordinates the European tax work for several Belgian MNCs and clients<br />
headquartered in Europe, the Americas and the Asia-Pacific region. Mr Roels is a<br />
member of the EU tax group at <strong>Deloitte</strong>, responsible for coordinating knowledge-sharing<br />
on EU direct tax developments and assisting offices worldwide on issues of EU direct<br />
taxation. He has been a member of various governmental, EU and industry tax task forces.<br />
For many years International <strong>Tax</strong> Review has named Mr Roels as one of the leading<br />
international tax advisers in Belgium. He speaks fluent Dutch, English, French and<br />
German and is a frequent speaker in and outside Belgium on topics dealing with national<br />
and international taxation, including EU taxation. He is a guest lecturer at the<br />
Universities of Antwerp, Ghent and Leuven.<br />
Mr Roels studied law and notary public at the University of Leuven and is a graduate of<br />
the <strong>Tax</strong> Technical School in Brussels. He is a member of the Institute of Accountancy and<br />
<strong>Tax</strong> <strong>Advisers</strong> (IAB).<br />
22 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Belgium<br />
Marc Tahon<br />
KPMG<br />
Prins Boudewijnlaan 24d<br />
B - 2550 Kontich (Antwerp)<br />
Belgium<br />
Tel: (32) 3 821 19 24<br />
Fax: (32) 3 825 38 38<br />
Email: mtahon@kpmg.com<br />
Website: www.kpmg.com<br />
Marc Tahon is an international corporate tax partner in the Belgian tax and legal practice<br />
of KPMG. He joined the firm in 1977 and was admitted partner in 1985.<br />
Marc is member of the Belgian Institute for Accountants and <strong>Tax</strong> <strong>Advisers</strong> (IAB) and<br />
member of the International Fiscal Association (IFA).<br />
Marc is a lecturer at UAMS, the Universiteit Antwerpen Management School. He has<br />
published various articles on reorganization issues. He is a member of the KPMG global<br />
mergers and acquisitions tax network and representative of Belgium at the KPMG<br />
European <strong>Tax</strong> Centre (ETC).<br />
Marc has extensive experience and expertise in matters such as financial structures,<br />
management buy-outs, mergers and acquisitions, corporate reorganizations, both on a<br />
national and an international level. His sector expertise comprises pharmaceuticals,<br />
chemicals, industrial products, consumer products and shipping. Marc works with both<br />
Belgian and foreign-based (that is in the US, UK, Germany and the Netherlands)<br />
multinational groups on an continuing basis as well as on special projects.<br />
Marc holds a degree in law (University of Antwerp) and a special degree in fiscal sciences<br />
(Fiscale Hogeschool, Brussels). He is fluent in Dutch, French and English and has a<br />
good knowledge of German.<br />
23
Belgium<br />
Dirk Van Stappen<br />
KPMG<br />
Prins Boudewijnlaan 24d<br />
Antwerpen (Kontich) 2550<br />
Belgium<br />
Tel: (32) 3 8211918<br />
Fax: (32) 3 8253838<br />
Email: dvanstappen@kpmg.com<br />
Website: www.kpmg.com<br />
Dirk Van Stappen is a tax partner with KPMG <strong>Tax</strong> & Legal <strong>Advisers</strong> in Belgium. He<br />
joined KPMG in 1988 and has over 18 years of experience in advising multinational<br />
companies on tax and transfer-pricing issues. Dirk heads KPMG’s Belgian transferpricing<br />
practice (a member of KPMG’s Global Transfer Pricing Services).<br />
Dirk has conducted various transfer-pricing assignments, ranging from preparing<br />
European transfer-pricing documentation (including comparables searches), and<br />
domestic and international transfer-pricing audit defence and competent authority<br />
procedures to negotiating rulings and advance-pricing arrangements (APAs). Another<br />
area of focus is strategic transfer-pricing planning (agent/commissionaire-structures,<br />
contract or toll manufacturing arrangements, contract R&D arrangements, distribution<br />
and service centres, intellectual property planning). Dirk has also excellent relations with<br />
the Belgian central tax and APA authorities.<br />
From an industry perspective, Dirk has a particular focus on the chemical,<br />
pharmaceutical, electronics, industrial equipment, consumer products and food and<br />
beverages industries.<br />
Dirk was appointed in 2002 as one of the 10 European business experts of the EU Joint<br />
Transfer Pricing Forum of the European Commission.<br />
Since 1996, Dirk has been a visiting professor at the University of Antwerp in tax<br />
management. He is a regular speaker on corporate income tax and transfer-pricing<br />
issues. He has written numerous articles in both national and international professional<br />
journals.<br />
Dirk has been named in World <strong>Tax</strong>: The comprehensive guide to the world’s leading tax<br />
firms (International <strong>Tax</strong> Review), Euromoney’s Guide to the World’s Leading Transfer<br />
Pricing <strong>Advisers</strong> and previous editions of Euromoney’s Guide to the World’s Leading <strong>Tax</strong><br />
<strong>Advisers</strong>.<br />
Dirk holds a masters degree in applied economics from the University of Antwerp and<br />
graduated in taxation from the Fiscale Hogeschool in Brussels. He is a certified tax<br />
adviser and member of the Belgian Institute for Accountants and <strong>Tax</strong> <strong>Advisers</strong> (IAB).<br />
24 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Belgium<br />
Patrick Cauwenbergh (see bio)<br />
<strong>Deloitte</strong>, Brussels (see advert on inside front)<br />
Thierry Charon<br />
Loyens, Brussels<br />
Christian Chéruy<br />
Loyens, Brussels<br />
Luc De Broe<br />
Stibbe, Brussels<br />
Guido De Wit<br />
Linklaters De Bandt, Brussels<br />
Jacques De Witte (see bio)<br />
<strong>Deloitte</strong>, Brussels (see advert on inside front)<br />
Thierry Denayer<br />
Linklaters De Bandt, Brussels<br />
Frank Dierckx<br />
PricewaterhouseCoopers, Brussels<br />
Daniel Garabedian<br />
Liedekerke Wolters Waelbroeck Kirkpatrick, Brussels<br />
Axel Haelterman<br />
Freshfields Bruckhaus Deringer, Brussels<br />
Werner Heyvaert<br />
Stibbe, Brussels<br />
Philippe Hinnekens<br />
Eubelius, Brussels<br />
Alain Huyghe<br />
Baker & McKenzie, Brussels<br />
Patrick L Kelley<br />
Linklaters De Bandt, Brussels<br />
John Kirkpatrick<br />
Liedekerke Wolters Waelbroeck Kirkpatrick, Brussels<br />
Howard M Liebman<br />
Jones Day, Brussels<br />
Jacques Malherbe<br />
Liedekerke Wolters Waelbroeck Kirkpatrick, Brussels<br />
Philippe Malherbe<br />
Liedekerke Wolters Waelbroeck Kirkpatrick, Brussels<br />
Ivo Onkelinx<br />
Linklaters De Bandt, Brussels<br />
Bernard Peeters (see bio)<br />
Tiberghien, Brussels<br />
25
Belgium<br />
Bolivia<br />
Jan A Roels (see bio)<br />
<strong>Deloitte</strong>, Brussels (see advert on inside front)<br />
Enrico Schoonvliet<br />
Loyens, Brussels<br />
Marc Tahon (see bio)<br />
KPMG, Antwerp<br />
Dirk Van Stappen (see bio)<br />
KPMG, Antwerp<br />
Henk Vanhulle<br />
Linklaters De Bandt, Brussels<br />
Isabel Verlinden<br />
PricewaterhouseCoopers, Brussels<br />
Jaime Araújo<br />
Ferrere Attorneys at Law, Santa Cruz<br />
26 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Brazil<br />
Cristina Arantes A Berry<br />
<strong>Deloitte</strong><br />
Rua Alexandre Dumas 1981<br />
Chácara Santo Antonio<br />
São Paulo – SP<br />
Brazil<br />
Tel: (55) 11 5186 1013<br />
Fax: (55) 11 5181 2911<br />
Email: caberry@deloitte.com<br />
Website: www.deloitte.com.br<br />
Cristina Berry is a tax partner in the São Paulo office of <strong>Deloitte</strong>.<br />
Cristina joined Arthur Andersen in 1989 and became a partner in 2000. She joined<br />
<strong>Deloitte</strong> & Touche in March 2002. Currently, Cristina leads the corporate tax division<br />
of the Sao Paulo office.<br />
She specializes in international tax, with experience in corporate income tax, foreign<br />
capital legislation, corporate law, corporate reorganization and tax planning, and has<br />
participated in numerous projects such as: transfer pricing, advising multinational<br />
clients on tax and business related to multinational joint ventures, and counselled<br />
clients on structuring and restructuring complex national and international operations.<br />
International <strong>Tax</strong> Review has named Cristina Berry as one of the highly recommended<br />
tax advisers in Brazil. She is a frequent speaker in and outside Brazil on topics dealing<br />
with Brazilian taxation.<br />
Cristina studied law at the Faculdade de Direito da Universidade Mackenzie in São<br />
Paulo and is a member of the Brazilian Bar Association, São Paulo section.<br />
27
Brazil<br />
João Alfredo Branco<br />
<strong>Deloitte</strong><br />
Rua Bela Cintra, 881<br />
01415-910 – São Paulo – SP<br />
Brazil<br />
Tel: (55) 11 3150 1800<br />
Fax: (55) 11 3258 8456<br />
Email: jbranco@deloitte.com.br<br />
Website: www.deloitte.com.br<br />
João A Branco is a partner in <strong>Deloitte</strong>’s Brazil office and an international tax specialist.<br />
He has 30 years of experience in corporate and individual income tax, foreign capital<br />
legislation, corporate law, corporate reorganization, tax planning. He has participated<br />
in numerous projects, such as transfer pricing and advising multinational clients on tax<br />
and business related to multinational joint ventures, and has counselled clients on<br />
structuring and restructuring complex national and international transactions. He has<br />
extensive experience in the utilities, consumer, automotive, manufacturing and<br />
pharmaceutical industries.<br />
João A Branco is an integral member of <strong>Deloitte</strong> Brazil’s international tax service line<br />
group, participating in all tax aspects of transaction structuring, purchase<br />
investigations, and due diligence reviews, including income/ franchise taxes, sales and<br />
use taxes, and transfer taxes. He has spoken on state and local tax issues on a number<br />
of programmes, both within the firm and at other events sponsored by professional<br />
associations.<br />
Mr Branco graduated in business administration from Escola de Administração de<br />
Empresas da Fundação Getúlio Vargas in 1974, in accounting from the University<br />
Paulo Eiro in 1981 and became a certified accountant in 1982.<br />
He is fluent in English and Portuguese.<br />
28 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Brazil<br />
José Roberto Adelino da Silva<br />
KPMG<br />
Av Almirante Barroso n 52, 4th floor<br />
20031-000 Rio de Janeiro<br />
Brazil<br />
Tel: (55) 21 3515 9470<br />
Email: jrsilva@kpmg.com.br<br />
Website: www.kpmg.com<br />
José Roberto Adelino da Silva is tax partner at KPMG in Brazil. He became a tax<br />
partner in 1992. José Roberto has a broad and proved experience in business tax<br />
services (including transfer pricing) and reorganization services of mergers and<br />
acquisitions. His professional experience comprises comprehensive support to foreign<br />
clients in the acquisition of Brazilian targets and control of local investments.<br />
His areas of experience comprise: multiple banks, commercial and investment banks,<br />
leasing, insurance companies, metallurgy, steel, chemical, record manufacturers. He<br />
has participated in seminars of professional focus and in annual seminars within the<br />
KPMG professional development programme.<br />
He graduated in administration at Universidade do Federal do Rio de Janeiro – UFRJ<br />
(1978) and in accounting at Faculdade de Ciências Contábeis e Administrativas<br />
Moraes Júnior do Rio de Janeiro (1982).<br />
29
Brazil<br />
Gustavo Lian Haddad<br />
Lefosse Advogados in cooperation with Linklaters<br />
Rua General Furtado do Nascimento, 66<br />
1 andar<br />
Sao Paulo SP 05465-070<br />
Brazil<br />
Tel: (55) 11 3024 6312<br />
Fax: (55) 11 3024 6200<br />
Email: gustavo.haddad@linklaters.com<br />
Website: www.lefosse.com.br<br />
Gustavo Haddad is the head of Lefosse Advogados (a Linklaters-affiliated firm) tax<br />
practice. He is an expert in tax law with more than 12 years’ experience in his field. His<br />
practice includes tax consultancy and planning, taxation of international operations/<br />
transactions, tax advice in corporate restructuring and acquisitions, capital markets and<br />
administrative tax litigation.<br />
He holds an LLB from the University of São Paulo Law School (1995) and is fluent in<br />
Portuguese, English and Spanish. Gustavo is a professor of income tax and tax planning<br />
at the corporate and tax law programmes of Fundação Getúlio Vargas (a leading<br />
Brazilian business school) and is a member of the First Federal <strong>Tax</strong>payers’ Council of the<br />
Ministry of Finance (Primeiro Conselho de Contribuintes do Ministério da Fazenda).<br />
Gustavo was previously the head of international tax at KPMG in São Paulo and joined<br />
Lefosse Advogados in 2003 to lead the firm’s tax practice. He has recruited new<br />
associates, refocused the practice and significantly increased tax consultation work in<br />
high-profile transactional and international tax matters, taking advantage of integration<br />
with the corporate and finance practices of the firm and with the Linklaters network.<br />
Gustavo has been named as one of the five leading individual tax advisers in Brazil by the<br />
International <strong>Tax</strong> Review magazine and World <strong>Tax</strong> 2005 and World <strong>Tax</strong> 2006, which ranked<br />
him as a leading individual in tax mergers and acquisitions and tax capital markets.<br />
The tax practice of Lefosse Advogados currently comprises more than 12 fee earners,<br />
focusing on transactional tax work on mergers and acquisitions, capital markets and<br />
cross-border operations, tax advice on domestic and international matters and tax<br />
litigation. It has been involved in high profile transactions and tax matters for many<br />
years and is known for its international mindset and business-orientated approach.<br />
30 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Brazil<br />
Raquel Cristina Ribeiro Novais<br />
Machado, Meyer, Sendacz e Opice Advogados<br />
Avenida Brigadeiro Faria Lima, 3144 – 8º Floor<br />
01451-000 São Paulo – SP<br />
Brazil<br />
Tel: (55) 11 3150 7033<br />
Fax: (55) 11 3150 7071<br />
Email: rnovais@mmso.com.br<br />
Website: www.machadomeyer.com.br<br />
Raquel Cristina Ribeiro Novais has been a partner of Machado Meyer Sendacz and<br />
Opice Advogados, one of the leading law firms in Brazil, since 1990. She has particular<br />
expertise in corporate tax law, tax planning and foreign investments, mainly in relation<br />
to regulated industries (namely petroleum and natural gas, power and<br />
telecommunications). She acts as consultant to investors participating in privatization<br />
processes and provides tax advice on corporate restructuring and merger and acquisition<br />
transactions. Mrs Novais is also particularly known for her transfer pricing experience,<br />
which includes both planning and litigation.<br />
Mrs Novais conducts a litigation practice focused on relevant tax matters. In that<br />
capacity, she has had charge of leading cases dealing with state federal and constitutional<br />
matters, judged by the higher courts in Brazil, including the Federal Supreme Court.<br />
Mrs Novais has also been firmly involved in litigation at the level of the Administrative<br />
<strong>Tax</strong> Courts.<br />
In April 1987 Mrs Novais joined the firm of Machado Meyer Sendacz and Opice<br />
Advogados. Due to her background and notable market presence, she has been invited<br />
to participate in and present several conferences and workshops.<br />
Mrs Novais received her LLB from the Faculdade de Direito de Franca in 1983. In<br />
1992 she gained a masters degree in tax law from de Pontifícia Universidade Católica.<br />
She has been a member of the Bar Association and the São Paulo Lawyers Association<br />
since 1985. In 1994 she was made a judge of the Administrative Court of São Paulo<br />
(TIT).<br />
31
Brazil<br />
Cristina Arantes A Berry (see bio)<br />
<strong>Deloitte</strong>, São Paulo (see advert on inside front)<br />
João Alfredo Branco (see bio)<br />
<strong>Deloitte</strong>, São Paulo (see advert on inside front)<br />
José Luiz Bulhoes Pedreira<br />
Bulhoes Pedreira Bulhoes Carvalho Piva Rosman e Souza,<br />
Rio de Janeiro<br />
Antonio Corrêa Meyer<br />
Machado Meyer Sendacz e Opice, São Paulo<br />
José Roberto A da Silva (see bio)<br />
KPMG <strong>Tax</strong> Advisors-Assessores Tributários, São Paulo<br />
Paulo De Barros Carvalho<br />
Barros Carvalho Advogados Associados, São Paulo<br />
Celso de Paula F da Costa<br />
Machado Meyer Sendacz e Opice, São Paulo<br />
Hamilton Dias de Souza<br />
Dias de Souza Advogados, São Paulo<br />
Antonio Carlos Q Ferreira<br />
Trench Rossi e Watanabe/Baker & McKenzie, São Paulo<br />
Luciana Galhardo<br />
Pinheiro Neto - Advogados, São Paulo<br />
Gustavo Lian Haddad (see bio)<br />
Lefosse Advogados in cooperation with Linklaters, São Paulo<br />
Ricardo Mariz de Oliveira<br />
Mariz de Oliveira, Siqueira Campos e Bianco, São Paulo<br />
Raquel Cristina Ribeiro Novais (see bio)<br />
Machado Meyer Sendacz e Opice, São Paulo<br />
Condorcet Pereira de Rezende<br />
Ulhoa Canto Rezende e Guerra Advogados, Rio de Janeiro<br />
José Roberto Pisani<br />
Pinheiro Neto - Advogados, São Paulo<br />
Roberto Quiroga<br />
Mattos Filho Veiga Filho Marrey Jr e Quiroga, São Paulo<br />
Diogo H Ruiz<br />
KPMG <strong>Tax</strong> Advisors-Assessores Tributários, São Paulo<br />
Luis Eduardo Schoueri<br />
Lacaz Martins Halembeck Pereira Neto Gurevich, São Paulo<br />
Abel Simao Amaro<br />
Veirano Advogados, São Paulo<br />
32 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Brazil<br />
Nelio Weiss<br />
PricewaterhouseCoopers, São Paulo<br />
Alberto Xavier<br />
Xavier Bernardes & Bragança, Rio de Janeiro<br />
33
Canada<br />
2006 – a year of significant<br />
developments<br />
Leslie Morgan<br />
Blake, Cassels & Graydon<br />
Toronto<br />
The past year has seen important proposed legislation as well<br />
as a number of judicial decisions. The most important<br />
legislative proposals have been directed at the proliferation<br />
of income trusts and flow-through partnerships as business<br />
entities in Canada. The initial legislative proposal was to<br />
reduce personal taxes on eligible dividends paid after 2005,<br />
so as to provide taxable holders of public company shares<br />
with the same after-tax return as holders of income trust<br />
units. This would essentially eliminate double taxation on<br />
corporate profits distributed to such shareholders.<br />
Despite this proposal, many large public companies<br />
announced plans to convert to income trusts and on October<br />
31 2006 much bigger changes were announced. These new<br />
proposals create a regime for publicly traded trusts and their<br />
investors which is similar, but not identical, to that for public corporations and their<br />
shareholders. The new rules apply to publicly traded Canadian trusts (other than<br />
certain narrowly defined real estate investment trusts and those that hold only<br />
portfolio investments). Under the proposals, the trust will be subject to a special tax on<br />
distributions of income attributable to non-portfolio investments, at a rate that will<br />
approximate the corporate tax rate. Investors will also be taxable on the distributions<br />
as if they were dividends from a taxable Canadian corporation. The new rules will<br />
apply to existing trusts publicly traded before November 2006 for taxation years that<br />
end after 2010 and to entities that became publicly traded after October 2006 for the<br />
later of their 2007 taxation year and the taxation year in which they began to be traded.<br />
Similar rules are proposed for publicly-traded partnerships. The proposals state that<br />
the hiatus in application may be revisited if there is “undue expansion”, as clarified in<br />
a subsequent release, of an existing entity. In addition, the proposals contained an<br />
unusually specific anti-avoidance statement to the effect that new structures designed<br />
to frustrate the policy of the proposals may result in immediately effective changes.<br />
Revised draft legislation dealing with Canada’s foreign affiliate rules, the foreign<br />
investment entity rules (FIE rules) and the non-resident trust rules was released once<br />
again in November of 2006. In light of the long implementation delay, the date of<br />
application of the FIE rules and the non-resident trust rules has been moved back from<br />
taxation years beginning after 2002 to taxation years beginning after 2006. The<br />
proposed rollover for a Canadian resident shareholder who exchanges shares of a<br />
Canadian corporation for shares of a foreign corporation first raised in 2000 has been<br />
postponed again. Until the new rule is introduced, complex exchangeable share<br />
structures will continue to be utilized in these circumstances.<br />
The 2006 Federal Budget noted an intention to release a discussion draft of legislative<br />
proposals that would permit certain corporations to report income in a currency other<br />
than Canadian dollars where their business activities are conducted primarily in that<br />
currency. Neither the expected date for release of these proposals nor their effective<br />
date has been set.<br />
In 2004, the Canada Revenue Agency stated that its policy was to challenge treatyshopping<br />
arrangements. In 2005, the Canadian general anti-avoidance rule (the<br />
GAAR) was amended retroactive to 1988 to clarify that the GAAR could apply to deny<br />
treaty benefits. The decision in MIL (Investments) is the first Canadian tax case to<br />
consider the legislative amendment to the GAAR in the context of a continuance to<br />
Luxembourg shortly before a disposition of shares. At the <strong>Tax</strong> Court of Canada, the<br />
taxpayer succeeded on the basis that in the circumstances the taxpayer’s reliance on the<br />
provisions of the Luxembourg Treaty was not abusive tax avoidance. The Crown has<br />
appealed the decision to the Federal Court of Appeal.<br />
34 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Canada<br />
In addition, the Supreme Court of Canada considered foreign exchange gains and losses<br />
in the context of a foreign currency-denominated debt that was repaid at a time when the<br />
Canadian dollar had deteriorated. The court denied the taxpayer’s claim for a deduction<br />
under a provision of the Canadian Income <strong>Tax</strong> Act that is designed to allow full or partial<br />
deduction of discounts in respect of indebtedness. In denying the deduction, the court<br />
specifically stated that there was no overriding principle that all amounts must be<br />
translated into Canadian dollars in applying formulas contained in the Canadian Income<br />
<strong>Tax</strong> Act. The court also made some statements in the course of its judgement that raised<br />
issues as to the circumstances in which a borrower can have a foreign exchange gain or<br />
loss on repayment of a foreign currency loan. Doubt was also cast as to the validity of the<br />
Canada Revenue Agency’s longstanding practice regarding exchangeable debentures.<br />
The Canada Revenue Agency has since stated that, pending further review in this case,<br />
they will continue to apply their existing administrative policies with regard to existing<br />
exchangeable debentures and the deductibility of foreign exchange gains and losses on<br />
debt.<br />
35
Canada<br />
Albert Baker<br />
<strong>Deloitte</strong><br />
1055 Dunsmuir,Suite 2800<br />
Four Bentall Centre<br />
Vancouver, BC V7X 1P4<br />
Canada<br />
Tel: (1) 604 640 3273<br />
Fax: (1) 604 899 8183<br />
Email: abaker@deloitte.ca<br />
Website: www.deloitte.com<br />
Albert Baker, FCA, is the leader of <strong>Deloitte</strong>’s tax practice in Vancouver. He also leads<br />
<strong>Deloitte</strong> Canada’s international tax services practice and is a member of the <strong>Deloitte</strong><br />
Canada tax leadership team. Mr Baker was previously based in the firm’s Montreal office.<br />
Specializing in international tax, Albert has over 20 years of experience in structuring<br />
mergers and acquisitions, corporate financing, and corporate reorganizations.<br />
He acts as lead tax adviser for a number of Canadian-based multinationals and foreign<br />
multinationals with Canadian operations. His industry experience includes telecommunications,<br />
transportation, manufacturing, e-commerce and mining.<br />
Albert is a member of the executive and a member of council of the Canadian branch of<br />
the International Fiscal Association (IFA) and acts as its first vice-president. Previous posts<br />
include: member of the board of governors of the Canadian <strong>Tax</strong> Foundation (CTF) (2001<br />
to 2004); member of the CTF board’s Transition Committee (2003); member of the CTF<br />
Quebec Organizing Committee (2001 to 2005); coordinator of the Montreal Senior <strong>Tax</strong><br />
Practitioners Group (1994 to 2005); and past member of the Association de planification<br />
fiscale et financière (APFF) International <strong>Tax</strong> Committee. He was also a member of the<br />
CICA-CBA Joint Committee on <strong>Tax</strong>ation’s subcommittee regarding foreign investment<br />
entities and non-resident trusts, and was a member of the Joint Committee’s foreign<br />
affiliate subcommittee. Albert also serves as co-chair of the organizing committee of the<br />
2009 IFA Congress to be held in Vancouver. He is currently a member of the Department<br />
of Finance Advisory Committee on International <strong>Tax</strong> Matters.<br />
Albert is a frequent author, speaker, and lecturer on international tax matters. He is coeditor<br />
of International <strong>Tax</strong>ation (a Carswell publication) and has lectured at McGill<br />
University on international tax matters and at Concordia University. He is a featured<br />
contributor to Canadian <strong>Tax</strong> Highlights (a monthly CTF publication) regarding<br />
international tax matters, has appeared as a guest commentator in regard to tax matters<br />
on various radio and TV shows, and has commented on tax matters in newspapers<br />
including The Gazette, The National Post, Le Devoir and Les Affaires. He has also appeared<br />
in court as an expert witness in regard to tax matters.<br />
Albert was the Canadian reporter at the 1998 IFA Congress in London. He has spoken<br />
and written on international tax matters for a number of organizations including the IFA,<br />
the CTF, the Canadian Institute of Chartered Accountants (CICA), the <strong>Tax</strong> Management<br />
International Journal, the APFF, the <strong>Tax</strong> Executives Institute (TEI), the Society of Trust<br />
and Estate Practitioners (STEP), Federated Press, and the International <strong>Tax</strong> Review. He is<br />
currently a member of the Canadian <strong>Tax</strong> Journal’s editorial board.<br />
Albert has been selected as one of the top 10 tax advisers in Canada in each of International<br />
<strong>Tax</strong> Review’s surveys (2000 to 2003), and selected as one of the top tax advisers in Canada<br />
in the 2000 to 2005 Euromoney Legal Media Group Surveys. He was selected as one of<br />
the top cross-border structuring specialists in Canada in the ITR World <strong>Tax</strong> 2004 Survey<br />
and selected as one of the top mergers and acquisitions and cross-border structuring<br />
specialists in Canada in the ITR World <strong>Tax</strong> 2006 Survey. He was also selected as one of<br />
the top transfer-pricing advisers in Canada in the 2001 Euromoney Legal Media Group<br />
Transfer Pricing Survey.<br />
In 2004, Albert was awarded the title of fellow of the Quebec Order of Chartered<br />
Accountants in recognition of distinguished services rendered to the profession.<br />
36 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Canada<br />
Jack Bernstein<br />
Aird & Berlis LLP<br />
BCE Place, 181 Bay Street<br />
Suite 1800, Box 754<br />
Toronto, ON M5J 2T9<br />
Canada<br />
Tel: (1) 416 865 7766<br />
Fax: (1) 416 863 1515<br />
Email: jbernstein@airdberlis.com<br />
Website: www.airdberlis.com<br />
Jack Bernstein is the senior tax partner and chair of the International <strong>Tax</strong> Practice at Aird<br />
& Berlis. Jack is also a member of the firm’s tax litigation group and mergers and<br />
acquisitions team. He holds a BCL and LLB from McGill University (1975 and 1976).<br />
He was admitted to the Ontario Bar in 1979 and the Quebec Bar in 1977.<br />
Jack is well known in the area of international tax planning and corporate taxation. He is<br />
experienced in dealing with public and private corporations, hedge funds, venture capital<br />
funds, real estate funds and financial institutions. He appears in all editions of the<br />
Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada and The Canadian<br />
Legal LEXPERT Directory of leading law firms and practitioners in Canada as a leading<br />
lawyer in the areas of corporate tax. Jack is also listed in the prestigious Chambers Global:<br />
The World’s Leading Lawyers for Business as a leading Canadian tax lawyer. In addition, he<br />
has been selected as a leader in corporate tax by The International Who’s Who of Corporate<br />
<strong>Tax</strong> Lawyers – 2005 (4th edition) and Who’s Who Legal: The International Who’s Who of<br />
Business Lawyers. He also received an AV rating in the Martindale-Hubbell Law Directory,<br />
signifying the highest rating for legal ability as well as an extremely high adherence to the<br />
professional standards of conduct, ethics, reliability and diligence.<br />
Jack is a former governor of the Canadian <strong>Tax</strong> Foundation and a current member of the<br />
executive of the <strong>Tax</strong>ation Committee of the International Bar Association. He is a<br />
member of Council of the International Fiscal Association (Canadian Branch) and former<br />
chair of the Foreign Lawyers Forum, American Bar Association, <strong>Tax</strong>ation Section.<br />
Jack is the author of four and editor of two CCH books. He is also the editor of CCH’s<br />
<strong>Tax</strong> Profile, a monthly newsletter distributed nationally and a Canadian correspondent for<br />
<strong>Tax</strong> Notes International, a leading US tax publication. He is also a regular contributor to<br />
Canadian <strong>Tax</strong> Highlights, a newsletter published by the Canadian <strong>Tax</strong> Foundation. He has<br />
written many articles for a number of other contemporary tax-related publications,<br />
including The Canadian <strong>Tax</strong> Journal, C.A. Magazine, <strong>Tax</strong> Management International Journal,<br />
The Bulletin (a publication of the International Fiscal Association), The Journal of<br />
International <strong>Tax</strong>ation, World <strong>Tax</strong> Report and Derivatives and Financial Instruments (IBFD).<br />
Jack lectures extensively on domestic and international tax planning for the American Bar<br />
Association, International Fiscal Association, Boston Bar Association, Young Presidents’<br />
Organization, <strong>Tax</strong> Executives Inc, Canadian <strong>Tax</strong> Foundation, International <strong>Tax</strong><br />
Association, New York Bar Association, International Bar Association, Massachusetts<br />
Continuing Legal Education, Ontario Bar Admission Course, Law Society of Upper<br />
Canada, the Canadian Institute of Chartered Accountants, Ontario Institute of Chartered<br />
Accountants and the Canadian Bar Association.<br />
Jack is a member of the American Bar Association, Canadian Bar Association, Canadian<br />
<strong>Tax</strong> Foundation, International Bar Association, International Fiscal Association, Quebec<br />
Bar Association and the Law Society of Upper Canada.<br />
37
Canada<br />
Brian R Carr<br />
Fraser Milner Casgrain LLP<br />
1 First Canadian Place<br />
100 King Street West<br />
Toronto, ON M5X 1B2<br />
Canada<br />
Tel: (1) 416 863 4366<br />
Fax: (1) 416 863 4592<br />
Email: brian.carr@fmc-law.com<br />
Website: www.fmc-law.com<br />
Brian’s practice focuses on income tax matters with special emphasis on corporate<br />
reorganizations, oil and gas and mining taxation and tax litigation.<br />
Brian was called to the Bar in 1975 (Ontario) and 2000 (Alberta). He attended the<br />
University of Toronto, LLB, from 1970 to 1973 and the University of Toronto, BSc<br />
(mathematics, physics and chemistry), from 1966 to 1970.<br />
Brian has practised in the income tax area for over 30 years. During that time, he has<br />
assisted corporations in carrying out mergers and acquisitions, including acting for Echo<br />
Bay on its merger with Kinross and TVX, and advising Barrick in connection with its<br />
recent acquisition of Placer Dome. He has developed a number of innovative uses for<br />
flow-through shares and other financing structures for oil and gas and mining<br />
corporations. Brian has appeared on numerous occasions before the <strong>Tax</strong> Court of<br />
Canada and the Federal Court of Appeal and has represented clients in matters that have<br />
proceeded to the Supreme Court of Canada.<br />
Brian is the current past-chair of the Canadian <strong>Tax</strong> Foundation, current past-chair of the<br />
national taxation law section of the Canadian Bar Association, former co-chair and<br />
member of the CBA/CICA Joint Committee on <strong>Tax</strong>ation and a member of the editorial<br />
board of the Canadian <strong>Tax</strong> Journal. He is a past-chair of the legislative subcommittee of<br />
the taxation section of the Ontario Bar Association.<br />
He is the author of Canadian <strong>Tax</strong>ation of Resource Industries (Carswell, 1987) and has coauthored<br />
and is co-editor-in-chief with C Anne Calverley of Canadian Resource<br />
<strong>Tax</strong>ation (Carswell, a loose-leaf service).<br />
In 1996, he was co-winner of the Canadian <strong>Tax</strong> Foundation’s Douglas J Sherbaniuk<br />
Distinguished Writing Award as co-author of “Today’s Butterfly”, published in the<br />
foundation’s 1994 conference report.<br />
38 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Canada<br />
Howard Kellough, QC<br />
Kellough & Partners LLP<br />
2800-1055 Dunsmuir St<br />
Vancouver, BC V7X 1P4<br />
Canada<br />
Tel: (1) 604 640 3331<br />
Fax: (1) 604 681 4184<br />
Email: hkellough@kelloughlaw.ca<br />
Website: www.kelloughlaw.ca<br />
Howard Kellough, QC, is a founding partner of Kellough & Partners LLP, a law<br />
practice that is affiliated with <strong>Deloitte</strong> & Touche LLP. He was formerly a senior partner<br />
of Fraser Milner Casgrain LLP.<br />
Mr Kellough’s practice is devoted to the domestic and international tax aspects of<br />
corporate tax, mergers and acquisitions, planning for high-net-worth individuals and<br />
the resolution of disputes with Revenue authorities.<br />
Mr Kellough is a past chairman of the Canadian <strong>Tax</strong> Foundation, past chairman of the<br />
National <strong>Tax</strong> Section of the Canadian Bar Association and co-chairman of the Joint<br />
Committee on <strong>Tax</strong>ation. Mr Kellough has written and spoken extensively on tax<br />
matters. Some recent publications include “International <strong>Tax</strong> Problems of<br />
Partnerships”, IFA Vol. LXXXa; “Integration Revisited: Coordinating the Corporate<br />
and Personal <strong>Tax</strong> Systems” 1998 CMTC (Canadian <strong>Tax</strong> Foundation) 22:1, “The<br />
Legislative Process: Legislation by Press Release and The Need for a More Open<br />
Process”, 1998 Annual Conference (Canadian <strong>Tax</strong> Foundation); “<strong>Tax</strong>ation of Private<br />
Corporations and Their Shareholders, (3rd edition) Canadian <strong>Tax</strong> Foundation,<br />
Canada’s leading text on private corporations.<br />
Mr Kellough graduated from the University of Denver in 1963, the University of<br />
Saskatchewan Law School in 1966 and is also a chartered accountant and a member of<br />
the Canadian Institute of Chartered Accountants, the Quebec Order of Chartered<br />
Accountants and the BC Institute of Chartered Accountants. He has lectured at the<br />
University of British Columbia Law School and authoured and lectured for many<br />
organizations both domestically and internationally.<br />
Mr Kellough has an AV rating in the Martindale-Hubbell Law Directory, is recognized<br />
as one of the most frequently recommended corporate tax law practitioners in the<br />
Canadian Lexpert Directory (2000) and is included in Lexpert/American Lawyers’ Guide<br />
to the Leading 500 Lawyers in Canada and Law Business Research’s International Who’s<br />
Who of Corporate <strong>Tax</strong> Lawyers as well as being cited in Chambers & Partners Global,<br />
The World’s Leading Lawyers 2004-2005 as a leading Canadian corporate tax lawyer and<br />
recognized in Legal Media Group’s Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>.<br />
39
Canada<br />
Wilfrid Lefebvre QC<br />
Ogilvy Renault LLP<br />
Suite 1100<br />
1981 McGill College Avenue<br />
Montréal, QC H3A 3C1<br />
Canada<br />
Tel: (1) 514 847 4440<br />
Fax: (1) 514 286 5474<br />
Email: wlefebvre@ogilvyrenault.com<br />
Website: www.ogilvyrenault.com<br />
Mr Lefebvre is a senior partner at Ogilvy Renault, and practises in the areas of income<br />
tax, tax planning, corporate reorganizations and financing, and represents clients<br />
before tax authorities, courts and administrative tribunals. He has extensive experience<br />
in international transfer pricings and tax treaty-related matters.<br />
Mr Lefebvre started his career at the Department of Justice in Ottawa where he held<br />
the position of legal adviser to the Department of Supply and Services, subsequently<br />
joining the <strong>Tax</strong> Litigation Section of the Department of Justice. In 1976, he became<br />
the director of the Legal Services Branch of Revenue Canada and in 1978 was<br />
appointed general counsel in charge of tax litigation in Canada.<br />
Mr Lefebvre has extensive court experience and has been legal counsel in many<br />
complex and important cases. He was a member of the technical committee on<br />
business taxation (Mintz Committee) appointed by the Minister of Finance of Canada<br />
to advise on changes to the current tax system.<br />
Mr Lefebvre was a member of the executive committee and a former governor of the<br />
Canadian <strong>Tax</strong> Foundation and was the president of the Association de planification<br />
fiscale et financière.<br />
He has been a frequent speaker at conferences sponsored by the Canadian <strong>Tax</strong><br />
Foundation and the <strong>Tax</strong> Executives Institute.<br />
Mr Lefebvre has been a lecturer at the faculty of law of the University of Ottawa in<br />
both the civil law and common law programmes, at the Université de Sherbrooke, at<br />
the Quebec Bar admission course and at the Law Society of Upper Canada.<br />
He received his BA from the Collège Saint-Laurent in 1966 and his LLL from the<br />
Université de Montréal in 1969. He was admitted to the Quebec Bar in 1970.<br />
40 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Canada<br />
Janice McCart<br />
Blake, Cassels & Graydon LLP<br />
199 Bay Street, Suite 2800<br />
Commerce Court West<br />
Toronto, ON M5L 1A9<br />
Canada<br />
Tel: (1) 416 863 2669<br />
Fax: (1) 416 863 2653<br />
Email: janice.mccart@blakes.com<br />
Website: www.blakes.com<br />
Janice McCart is a member of the national tax group in the Toronto office. Her practice<br />
is devoted primarily to transfer-pricing planning and controversies and related matters<br />
of international tax. The controversy practice involves all levels of dispute resolution<br />
from pre-audit to litigation. Ms McCart has represented Canadian, US and European<br />
multinationals before Canadian and foreign governments throughout the course of her<br />
career, including competent authority and APA representations.<br />
She has served as governor of the Canadian <strong>Tax</strong> Foundation and acts as an editor on the<br />
foundation’s permanent editorial staff. Ms McCart is a founding member of the Transfer<br />
Pricing Advisory Group and a member of the Transfer Pricing Sub-committee of the<br />
Joint Committee on <strong>Tax</strong>ation of the Canadian Bar Association and the Canadian<br />
Institute of Chartered Accountants, the American Bar Association, the Canadian Bar<br />
Association, and the International Fiscal Association. She is also a council member of the<br />
International Fiscal Association (Canadian branch). Ms McCart’s work has been<br />
published in the Canadian <strong>Tax</strong> Journal, <strong>Tax</strong> Management International, International <strong>Tax</strong><br />
Review, International Fiscal Association (Canadian Branch), <strong>Tax</strong> Planning International and<br />
the International Transfer Pricing Journal. In 2005, she was named in Legal Media Group’s<br />
Guide to the World’s Leading Transfer Pricing <strong>Advisers</strong> and, in 2003 and 2005, in the Best of<br />
the Best in Transfer Pricing. In 2005 and 2006, she was named in Euromoney’s World <strong>Tax</strong><br />
in transfer pricing.<br />
Ms McCart received her Bachelor of Arts degree in 1976 from York University and her<br />
LLB from Osgoode Hall Law School in 1979.<br />
41
Canada<br />
Warren J A Mitchell, QC<br />
Thorsteinssons LLP<br />
33rd Floor, Bay Wellington Tower<br />
PO Box 786<br />
181 Bay Street<br />
Toronto, ON M5J 2T3<br />
Canada<br />
Tel: (1) 416 864 0829<br />
Fax: (1) 416 864 1106<br />
Email: wjamitchell@thor.ca<br />
Website: www.thor.ca<br />
Born in Regina, Saskatchewan, Mr Mitchell was educated at the University of British<br />
Columbia, from which he holds both Bachelor of Commerce and Bachelor of Law<br />
degrees. He was first admitted to the Bar of Alberta (1963) and has since been admitted<br />
to the Bars of British Columbia (1966) and Ontario (1990). Mr Mitchell served as a<br />
solicitor in the <strong>Tax</strong>ation Division of the Department of National Revenue until 1965,<br />
when he became the second member of Thorsteinssons.<br />
His practice focuses on large case tax litigation. He has appeared as counsel in the <strong>Tax</strong><br />
Court of Canada; Federal Court Trial Division and the Federal Court of Appeal, the<br />
Supreme Court of Canada, as well as the Court of Appeal of British Columbia, the<br />
Supreme Court of British Columbia, the Ontario Court (General Division), and the<br />
Court of Appeal for Ontario.<br />
42 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Canada<br />
Leslie Morgan<br />
Blake, Cassels & Graydon LLP<br />
199 Bay Street, Suite 2800<br />
Commerce Court West<br />
Toronto, ON M5L 1A9<br />
Canada<br />
Tel: (1) 416 863 2696<br />
Fax: (1) 416 863 2653<br />
Email: leslie.morgan@blakes.com<br />
Website: www.blakes.com<br />
Leslie Morgan is a partner in the tax group of the Toronto office where she is involved<br />
in all aspects of income taxation. Leslie specializes in corporate taxation focusing on the<br />
tax implications of corporate acquisitions, mergers and reorganizations, as well as private<br />
and public financings, and debt and equity restructurings. Leslie has provided tax advice<br />
for bidders and target companies on public mergers and acquisitions transactions, and<br />
for issuers and underwriters in public securities offerings. She provides ongoing tax<br />
planning for many public and private corporations, as well as commercial partnerships<br />
and mutual fund trusts including income trusts and Reits.<br />
Leslie has written on a wide range of topics in the area of income taxation. She is a<br />
member of the Canadian Bar Association and the Canadian <strong>Tax</strong> Foundation and is a<br />
past member of the Minister’s Advisory Committee on <strong>Tax</strong> Administration and of the<br />
executive of the tax section of the Canadian Bar Association, Ontario division.<br />
Leslie graduated from the University of British Columbia (BArch, 1973) and the<br />
University of Toronto (LLB, 1977). She was admitted to the Ontario Bar in 1979.<br />
43
Canada<br />
Joel Alan Nitikman<br />
Fraser Milner Casgrain LLP<br />
15th Floor<br />
1040 West Georgia Street<br />
Vancouver, V6E4H8<br />
Canada<br />
Tel: (1) 604 443 7115<br />
Fax: (1) 604 683 5214<br />
Email: joel.nitikman@fmc-law.com<br />
Website: www.fmc-law.com<br />
Joel is currently a tax partner with Fraser Milner Casgrain LLP, one of the largest law<br />
firms in Canada. For over 20 years Joel’s practice has focused on resolving tax disputes<br />
between tax payers and federal and provincial tax authorities. He has acted as counsel in<br />
numerous tax cases at all levels of courts both provincially and federally, and has also<br />
settled many cases out of court at the pre-assessment or objection stage. Joel is listed as<br />
one of Canada’s leading tax litigators by Lexpert and is AV peer-rated (the highest possible<br />
rating) by Martindale-Hubbell.<br />
Joel’s skills include organizing a complex set of data, analysing and structuring the data to<br />
determine the relevant tax issues, preparing witnesses for court, drafting legal pleadings<br />
and substantive arguments, excellent oral advocacy skills, excellent legal research, the<br />
ability to persuade and reason in a complex environment and the ability to assimilate a<br />
large number of facts quickly.<br />
Joel has been involved in extensive provincial, federal and international income, GST and<br />
commodity tax planning (including cross-border tax planning for the entertainment<br />
industry, offshore trusts, Canada-US corporate reorganizations, Canadian investment in<br />
the US, US investment in Canada and cross-border estate planning). Joel is listed as one<br />
of Canada’s leading corporate tax lawyers by Lexpert and has acted for numerous private<br />
and public companies on complex, tax-efficient restructurings. Joel has obtained<br />
numerous advance rulings from Revenue Canada and provincial tax authorities. Joel’s<br />
abilities include creativity and the ability to think “outside the box” in completing new tax<br />
structures to achieve maximum tax efficiency. Joel has advised on non-profit and other<br />
tax-exempt entities, including Crown corporations and trusts.<br />
Joel has had extensive involvement with structuring and opining on public offerings of<br />
tax-related securities. He has acted as an expert tax witness in civil litigation for<br />
plaintiffs and defendant and in expropriations. In doing so, Joel has developed the<br />
ability to explain complex technical tax issues in “layman’s language” so that a non-tax<br />
judge can understand them.<br />
44 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Canada<br />
Rob O’Connor<br />
<strong>Deloitte</strong><br />
Suite 1400, BCE Place<br />
181 Bay Street<br />
Toronto, ON M5J 2V1<br />
Canada<br />
Tel: (1) 416 601 6150; (1) 416 601 6316 (direct)<br />
Fax: (1) 416 601 6706<br />
Email: rooconnor@deloitte.ca<br />
Website: www.deloitte.ca<br />
Rob O’Connor is the leader of the <strong>Deloitte</strong> Canada transfer pricing and competent<br />
authority group. In this role, he is responsible both for client service and for the<br />
transfer-pricing practice nationally.<br />
Mr O’Connor is a tax partner in the <strong>Deloitte</strong> Toronto office. He has 21 years of public<br />
accounting experience, including 17 years with <strong>Deloitte</strong> providing corporate income<br />
tax planning and compliance services, primarily to Canadian corporations that are<br />
members of multinational corporate groups.<br />
Mr O’Connor’s transfer-pricing experience includes numerous planning and APA<br />
engagements, dealing with the Canada Revenue Agency on transfer-pricing issues, and<br />
assisting clients in compiling and presenting information to support transfer prices and<br />
developing audit defences. Mr O’Connor has assisted numerous clients in establishing<br />
and defending multinational cost-sharing and licensing arrangements. He has been<br />
involved in many projects dealing with the reorganization or restructuring of global<br />
operations and the movement of functions, risks and ownership of assets.<br />
Mr O’Connor has also been involved in many specialized tax consulting projects,<br />
particularly involving cross-border transactions, acquisitions, divestitures and inbound<br />
investment in Canada.<br />
He is a former member of the faculty of the CICA international tax course, and is also<br />
a frequent speaker and author on international transfer pricing, tax risk management<br />
and other tax issues.<br />
Mr O’Connor is a chartered accountant and has a bachelor’s degree in mathematics.<br />
45
Canada<br />
Michael J O’Keefe<br />
Thorsteinssons LLP<br />
33rd Floor, Bay Wellington Tower<br />
PO Box 786<br />
181 Bay Street<br />
Toronto, ON M5J 2T3<br />
Canada<br />
Tel: (1) 416 864 0829<br />
Fax: (1) 416 864 1106<br />
Email: mjokeefe@thor.ca<br />
Website: www.thor.ca<br />
Michael J O’Keefe QC is a member of the Bars of British Columbia, Alberta and<br />
Ontario, and is a senior partner in Thorsteinssons. He is a graduate of the University<br />
of British Columbia in commerce and law, and has a masters degree in law from the<br />
University of California, Berkeley.<br />
He regularly advises Canadian multinationals and foreign multinationals with<br />
Canadian interests on Canadian and international tax matters, and works extensively<br />
in the area of cross-border transactions. He has served as a special assistant to the<br />
minister of finance, government of Canada, and was a member of the Joint <strong>Tax</strong>ation<br />
Committee of the Canadian Bar Association and the Canadian Institute of Chartered<br />
Accountants and of the board of governors of the Canadian <strong>Tax</strong> Foundation.<br />
He speaks and writes frequently on subjects relating to Canadian and international tax<br />
planning matters.<br />
46 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Canada<br />
Ron Richler<br />
Blake, Cassels & Graydon LLP<br />
199 Bay Street, Suite 2800<br />
Commerce Court West<br />
Toronto, ON M5L 1A9<br />
Canada<br />
Tel: (1) 416 863 3854<br />
Fax: (1) 416 863 2653<br />
Email: ron.richler@blakes.com<br />
Website: www.blakes.com<br />
Ron Richler is a partner in the Toronto office of Blake Cassels & Graydon, practising<br />
exclusively in the area of taxation. His specializations include corporate reorganization,<br />
mergers and acquisitions, financing and investment products.<br />
He is a contributing editor of International <strong>Tax</strong> (published by CCH). Ron has also written<br />
widely on tax matters and spoken at numerous tax-related conferences and seminars<br />
including those sponsored by the Canadian <strong>Tax</strong> Foundation and the <strong>Tax</strong> Executives<br />
Institute. He is an instructor on mergers at the annual <strong>Tax</strong> Law for Lawyers course,<br />
sponsored by the Canadian Bar Association. Ron is recognized by several Canadian and<br />
international surveys as a leading tax practitioner.<br />
Ron received his LLB from Osgoode Hall Law School and was called to the Ontario Bar<br />
in 1975.<br />
Blake Cassels & Graydon is one of Canada’s leading law firms, with over 500 lawyers<br />
in offices in Montréal, Ottawa, Toronto, Calgary, Vancouver, New York, Chicago,<br />
London (England) and Beijing. In an environment where taxes can determine the<br />
commercial viability of almost any transaction or activity, constructive, practical and<br />
understandable tax advice is required as a key component of effective legal services.<br />
Blakes <strong>Tax</strong> Group employs innovative and creative tax planning strategies to arrive at<br />
practical solutions to deal with the particular needs of its clients. Blakes offers a<br />
breadth of experience and specialized expertise to ensure that its clients are able to<br />
meet the challenges posed by an increasingly complex tax system.<br />
47
Canada<br />
Sandra Slaats<br />
<strong>Deloitte</strong><br />
181 Bay Street, BCE Place<br />
Suite 1400<br />
Toronto, ON M5J 2V1<br />
Canada<br />
Tel: (1) 416 643 8227<br />
Fax: (1) 416 601 6703<br />
Email: sslaats@deloitte.ca<br />
Website: www.deloitte.ca<br />
Sandra Slaats is a partner in the international tax group of the Toronto office of <strong>Deloitte</strong>.<br />
She specializes in the development and implementation of international tax solutions.<br />
Sandra is a member of the Joint <strong>Tax</strong> Committee of the Canadian Bar Association and the<br />
Canadian Institute of Chartered Accountants, and is part of the committee’s working<br />
group on the foreign affiliate rules. In that role, Sandra meets with Department of<br />
Finance and Canada Revenue Agency officials to discuss technical issues and proposed<br />
legislative changes.<br />
Sandra has lectured for many years on inbound investment in Canada and the taxation of<br />
foreign affiliates at the CICA Part III tax course. In recent years, she has spoken at the<br />
annual conference of the Canadian <strong>Tax</strong> Foundation on the subject of the draft foreign<br />
affiliate legislation and at the Canadian branch meeting of the International Fiscal<br />
Association on the subject of the subsection 95(6) anti-avoidance rule. She has written a<br />
number of articles for publication including articles recently published in the Canadian<br />
<strong>Tax</strong> Journal and The <strong>Tax</strong> Executive, the journal of the <strong>Tax</strong> Executives Institute.<br />
From 1987 to 1990, Sandra was a <strong>Tax</strong> Policy Officer with the Canadian Department of<br />
Finance.<br />
Sandra received her bachelor of laws degree from the University of Toronto in 1985<br />
and a master of laws (specializing in taxation) from Osgoode Hall Law School in 1997.<br />
48 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Canada<br />
Paul K Tamaki<br />
Blake, Cassels & Graydon LLP<br />
199 Bay Street, Suite 2800<br />
Commerce Court West<br />
Toronto, ON M5L 1A9<br />
Canada<br />
Tel: (1) 416 863 2697<br />
Fax: (1) 416 863 2653<br />
Email: paul.tamaki@blakes.com<br />
Website: www.blakes.com<br />
Paul Tamaki is a member of the tax group in the Toronto office of Blake Cassels &<br />
Graydon. He practises in all areas of taxation law, including mergers and acquisitions,<br />
reorganizations, corporate finance, structured asset finance, partnerships and joint<br />
ventures, international tax and transfer pricing. He also acts for clients in administrative<br />
tax appeals and other representations to governments.<br />
Paul is a frequent writer and speaker on tax matters. He is a governor of the Canadian<br />
<strong>Tax</strong> Foundation. He is also secretary-treasurer of the national tax section of the<br />
Canadian Bar Association and a member of the Joint Committee on <strong>Tax</strong>ation of the<br />
Canadian Bar Association and the Canadian Institute of Chartered Accountants.<br />
Paul received his LLB from the University of Toronto in 1975, and was admitted to the<br />
Ontario Bar in 1977.<br />
Blake Cassels & Graydon is one of Canada’s leading law firms, with over 500 lawyers in<br />
offices in Montréal, Ottawa, Toronto, Calgary, Vancouver, New York, Chicago, London<br />
(England) and Beijing.<br />
49
Canada<br />
Jeffrey C Trossman<br />
Blake, Cassels & Graydon LLP<br />
199 Bay Street, Suite 2800<br />
Commerce Court West<br />
Toronto, ON M5L 1A9<br />
Canada<br />
Tel: (1) 416 863 4290<br />
Fax: (1) 416 863 2653<br />
Email: jeffrey.trossman@blakes.com<br />
Website: www.blakes.com<br />
Jeffrey Trossman is a partner in the tax group of the Toronto office of Blake Cassels &<br />
Graydon. His practice focuses on all aspects of income tax planning, with an emphasis<br />
on cross-border transactions, including mergers and acquisitions, corporate<br />
reorganizations, corporate financing transactions, private equity, partnerships and joint<br />
ventures. In the course of his practice, he represents clients in connection with tax audits<br />
and appeals.<br />
Jeffrey has written and spoken widely in the area of tax. He has contributed articles to<br />
International <strong>Tax</strong> Review and the Canadian <strong>Tax</strong> Foundation conference reports on such<br />
subjects as going private transactions, triangular amalgamations and treaty shopping.<br />
Jeffrey was co-chair of the Department of Finance round table at the 2006 meeting of<br />
the Canadian branch of the International Fiscal Association. He is a member of the<br />
Committee on <strong>Tax</strong>ation of Business Entities of the New York City Bar.<br />
Jeffrey received his LLB from the University of Toronto in 1989, and was called to the<br />
Ontario Bar in 1991.<br />
50 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Canada<br />
Scott Wilkie<br />
Osler, Hoskin & Harcourt LLP<br />
PO Box 50<br />
1 First Canadian Place<br />
Toronto, ON M5X 1B8<br />
Canada<br />
Tel: (1) 416 862 4252<br />
Fax: (1) 416 862 6666<br />
Email: swilkie@osler.com<br />
Website: swilkie@osler.com<br />
Scott Wilkie is a senior partner in the taxation department of the Toronto office of Osler<br />
Hoskin & Harcourt. He is one of the highest-profile tax practitioners in Canada, with<br />
particular expertise in international taxation, corporate taxation, taxation of financial<br />
transactions and transfer pricing.<br />
Scott has written numerous publications and frequently delivers addresses on<br />
international and corporate tax, corporate finance, and transfer pricing. He is co-editor<br />
of the Canadian <strong>Tax</strong> Journal of the Canadian <strong>Tax</strong> Foundation. He is a past president of<br />
the Canadian branch of the International Fiscal Association and active in its affairs. Scott<br />
is a former governor of the Canadian <strong>Tax</strong> Foundation and former chair of the National<br />
<strong>Tax</strong> Section of the Canadian Bar Association, the Joint Committee on <strong>Tax</strong>ation of the<br />
Canadian Bar Association and the Canadian Institute of Chartered Accountants. He is a<br />
former adjunct professor, international taxation, at the University of Toronto Faculty of<br />
Law, has taught international taxation for many years at Osgoode Hall Law School, York<br />
University and has been a guest lecturer at the University of Western Ontario Faculty of<br />
Law and McGill University Faculty of Law. Scott is also a member of the International<br />
Advisory Council, International Bureau of Fiscal Documentation (The Netherlands) and<br />
is co-chair of the <strong>Tax</strong> Committee of the American Bar Association Section of<br />
International Law.<br />
Scott received his LLB from the University of Toronto in 1980 and was called to the<br />
Ontario Bar in 1982.<br />
51
Canada<br />
Barbara Worndl<br />
Aird & Berlis LLP<br />
BCE Place, 181 Bay Street<br />
Suite 1800, Box 754<br />
Toronto, ON M5J 2T9<br />
Canada<br />
Tel: (1) 416 865 7754<br />
Fax: (1) 416 863 1515<br />
Email: bworndl@airdberlis.com<br />
Website: www.airdberlis.com<br />
Barbara Worndl is practice group leader of the Aird & Berlis tax group and has been a<br />
partner of the firm since 1988. Her practice is focused on income tax with an emphasis<br />
on corporate and partnership taxation. She has extensive experience in structuring crossborder<br />
acquisitions and reorganizations and regularly advises on derivative transactions,<br />
income trusts, resource taxation and syndications. She also has experience with the<br />
taxation of mutual funds, hedge funds and the resolution of tax disputes.<br />
Barbara is recognized by Chambers Global: The World’s Leading Lawyers for Business as a<br />
leading tax lawyer. She is a regular contributor to various publications including<br />
Canadian <strong>Tax</strong> Highlights, <strong>Tax</strong> Profile, <strong>Tax</strong>Line and <strong>Tax</strong> Notes International and is a frequent<br />
presenter on new developments relating to tax.<br />
Barbara is a member of the American Bar Association, Canadian Bar Association,<br />
Canadian <strong>Tax</strong> Foundation and the International Fiscal Association. She holds an LLB<br />
and BA from the University of Toronto (1983 and 1980) and was admitted to the Ontario<br />
Bar in 1985.<br />
52 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Canada<br />
Gary Zed<br />
<strong>Deloitte</strong><br />
800-100 Queen Street<br />
Ottawa, ON K1P 5T8<br />
Canada<br />
Tel: (1) 613 751 5200<br />
Fax: (1) 613 236 2328<br />
Email: gzed@deloitte.ca<br />
Website: www.deloitte.com<br />
Gary is a partner in <strong>Deloitte</strong>’s national transfer pricing and competent authority group.<br />
He is also the Canadian national director of <strong>Deloitte</strong>’s international competent authority<br />
practice. Gary works closely with the firm’s Canadian and global transfer-pricing<br />
practice, as well as with international tax specialists, and is responsible for handling intergovernmental<br />
relationships, issues involving double taxation, transfer pricing and the<br />
mutual agreement procedure under tax treaties.<br />
Gary held senior positions with both the Canada Revenue Agency (CRA) and the<br />
Department of Justice. He was the deputy director-general of the International <strong>Tax</strong><br />
Directorate and also the Canadian competent authority responsible for tax treaty<br />
administration. He also served as the director of transfer pricing and competent<br />
authority, where he had overall national responsibility for transfer-pricing issues, was<br />
responsible for directing all international audit matters and directed the advance-pricing<br />
arrangement (APA) and competent authority programmes.<br />
Before joining the International <strong>Tax</strong> Directorate, Gary was an experienced justice<br />
counsel in the legal services branch of the CRA. He advised senior management and staff<br />
on a broad range of legal and policy matters affecting the revenue portfolio.<br />
Gary has extensive knowledge of CRA operations in both headquarters and the field<br />
functions. He was instrumental in enhancing the CRA’s transfer-pricing and competent<br />
authority practice and was successful in building its international tax team. He directed<br />
and oversaw the development and implementation of the CRA’s new Information<br />
Circulars on International Transfer Pricing (IC 87-2R) and International Transfer<br />
Pricing: Advance Pricing Arrangements (APAs) (IC 94-4).<br />
Gary has been a frequent speaker at national and international forums and has<br />
represented the CRA in numerous international venues. He is published, has authored<br />
several articles and is frequently quoted in international journals concerning competent<br />
authority and transfer-pricing issues, and the policies and practices of the CRA. He has<br />
represented Canada before the OECD, Pacific Area <strong>Tax</strong> Administrators (PATA), and the<br />
Inter-American Center of <strong>Tax</strong> Administrations (CIAT). Gary has been recognized in the<br />
prestigious Legal Media Group’s Guide to the World’s Leading Transfer Pricing <strong>Advisers</strong> and<br />
Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong> for his expertise in the field of transfer pricing<br />
and competent authority.<br />
He has a BA in economics, an MBA in management and marketing, and an LLB in<br />
business law.<br />
53
Canada<br />
Firoz Ahmed<br />
Osler Hoskin & Harcourt, Toronto<br />
Thomas B Akin<br />
McCarthy Tétrault, Toronto<br />
Albert Baker (see bio)<br />
<strong>Deloitte</strong>, Vancouver (see advert on inside front)<br />
Jack Bernstein (see bio)<br />
Aird & Berlis, Toronto<br />
William J Bies<br />
Fasken Martineau DuMoulin, Toronto<br />
Nathan Boidman<br />
Davies Ward Phillips & Vineberg, Montréal<br />
Stephen W Bowman<br />
Bennett Jones, Toronto<br />
John A Brussa<br />
Burnet Duckworth & Palmer, Calgary<br />
Brian R Carr (see bio)<br />
Fraser Milner Casgrain, Toronto<br />
Robert Couzin<br />
Couzin Taylor/Ernst & Young, Toronto<br />
Guy Du Pont<br />
Davies Ward Phillips & Vineberg, Montréal<br />
Ronald K Durand<br />
Stikeman Elliott, Toronto<br />
Douglas S Ewens QC<br />
McCarthy Tétrault, Calgary<br />
Brian A Felesky QC<br />
Felesky Flynn, Calgary<br />
Neil H Harris<br />
Goodmans, Toronto<br />
Robert Hogan<br />
Stikeman Elliott, Montréal<br />
Sandra E Jack QC<br />
Felesky Flynn, Calgary<br />
Elizabeth J Johnson<br />
Wilson & Partners, Toronto<br />
Howard Kellough QC (see bio)<br />
Kellough & Partners, Vancouver<br />
Edwin G Kroft<br />
McCarthy Tétrault, Vancouver<br />
54 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Canada<br />
Wilfrid Lefebvre QC (see bio)<br />
Ogilvy Renault, Montréal<br />
Norman C Loveland<br />
Osler Hoskin & Harcourt, Montréal<br />
Charles P Marquette<br />
Borden Ladner Gervais, Montréal<br />
Janice McCart (see bio)<br />
Blake Cassels & Graydon, Toronto<br />
Al Meghji<br />
Osler Hoskin & Harcourt, Toronto<br />
Warren J A Mitchell QC (see bio)<br />
Thorsteinssons, Toronto<br />
Darcy D Moch<br />
Bennett Jones, Calgary<br />
Leslie Morgan (see bio)<br />
Blake Cassels & Graydon, Toronto<br />
D Bernard Morris<br />
Bennett Jones, Toronto<br />
Evy Moskowitz<br />
KPMG, Toronto<br />
Angelo Nikolokakis<br />
Couzin Taylor/Ernst & Young, Montréal<br />
Joel Alan Nitikman (see bio)<br />
Fraser Milner Casgrain, Vancouver<br />
Rob O’Connor (see bio)<br />
<strong>Deloitte</strong>, Toronto (see advert on inside front)<br />
Michael J O’Keefe QC (see bio)<br />
Thorsteinssons, Toronto<br />
Nick Pantaleo<br />
PricewaterhouseCoopers, Toronto<br />
Robert Raizenne<br />
Osler Hoskin & Harcourt, Montréal<br />
Gabrielle M R Richards<br />
McCarthy Tétrault, Toronto<br />
Elinore J Richardson<br />
Borden Ladner Gervais, Toronto<br />
Ron Richler (see bio)<br />
Blake Cassels & Graydon, Toronto<br />
Stephen S Ruby<br />
Davies Ward Phillips & Vineberg, Toronto<br />
55
Canada<br />
Alan M Schwartz<br />
Fasken Martineau DuMoulin, Toronto<br />
Mitchell Sherman<br />
Goodmans, Toronto<br />
Sandra Slaats (see bio)<br />
<strong>Deloitte</strong>, Toronto (see advert on inside front)<br />
Carrie Smit<br />
Goodmans, Toronto<br />
David W Smith<br />
Davies Ward Phillips & Vineberg, Toronto<br />
Paul Tamaki (see bio)<br />
Blake Cassels & Graydon, Toronto<br />
Roger E Taylor<br />
Ernst & Young, Ottawa<br />
David Tetrault<br />
Osler Hoskin & Harcourt, Toronto<br />
Richard G Tremblay<br />
Osler Hoskin & Harcourt, Toronto<br />
Jeffrey C Trossman (see bio)<br />
Blake Cassels & Graydon, Toronto<br />
John M Ulmer<br />
Davies Ward Phillips & Vineberg, Toronto<br />
John Unger<br />
Torys, Toronto<br />
Francois Vincent<br />
KPMG, Montréal<br />
David A Ward<br />
Davies Ward Phillips & Vineberg, Toronto<br />
Donald H Watkins QC<br />
Osler Hoskin & Harcourt, Calgary<br />
James W Welkoff<br />
Torys, Toronto<br />
Rosemarie Wertschek QC<br />
McCarthy Tétrault, Vancouver<br />
Scott Wilkie (see bio)<br />
Osler Hoskin & Harcourt, Toronto<br />
James R Wilson<br />
Wilson & Partners, Toronto<br />
Ronald S Wilson<br />
Davies Ward Phillips & Vineberg, Toronto<br />
56 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Canada<br />
Barbara Worndl (see bio)<br />
Aird & Berlis, Toronto<br />
Jerald M Wortsman<br />
McCarthy Tétrault, Toronto<br />
Gary Zed (see bio)<br />
<strong>Deloitte</strong>, Ottawa (see advert on inside front)<br />
57
Chile<br />
Anthony Cook<br />
<strong>Deloitte</strong><br />
Av Providencia 1760, Piso 7<br />
Santiago<br />
Chile<br />
Tel: (56) 2 270 3126<br />
Fax: (56) 2 374 9147<br />
Email: acook@deloitte.cl<br />
Website: www.deloitte.cl<br />
During his career, Anthony has specialized as a consultant in various areas related to<br />
corporate activity and business, such as: international tax issues, domestic taxation, foreign<br />
investment inside and outside Chile, foreign exchange operations, and structuring<br />
mergers and acquisitions, among other company reorganizations.<br />
Over the past few years, a significant portion of his time has been devoted to international<br />
tax planning. Other areas in which he possesses extensive consulting expertise are antitrust<br />
legislation, contracts, customs operations and tax aspects related to labour.<br />
He has been distinguished by the International <strong>Tax</strong> Review as one of Chile’s top tax<br />
advisers.<br />
Anthony has taught various courses related to his specialism, including courses on double<br />
taxation treaties and Law of Corporations, and has attended courses on management<br />
development, accounting for attorneys and others in his specialism. He has spoken<br />
frequently on issues surrounding foreign investments in Chile and related tax planning<br />
opportunities.<br />
Anthony is an attorney. He is a graduate of the Universidad Católica de Chile Faculty of<br />
Law. He also studied in England between 1970 and 1973, first at Alvescot College,<br />
Oxfordshire, affiliated with New York State University, then at Southampton University,<br />
in the modern history, politics and economics programme.<br />
Anthony speaks fluent English and Spanish.<br />
58 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Chile<br />
Alvaro Mecklenburg<br />
<strong>Deloitte</strong><br />
Avenida Providencia 1760, Piso 7<br />
Santiago<br />
Chile<br />
Tel: (56) 2 270 3314<br />
Fax: (56) 2 374 9109<br />
Email: amecklenburg@deloitte.com<br />
Website: www.deloitte.com<br />
Alvaro Mecklenburg is the partner in charge of the tax practice in the Santiago office<br />
of <strong>Deloitte</strong>.<br />
Mr Mecklenburg is a tax attorney, graduate of the University of Chile Faculty of Law,<br />
with postgraduate degrees in tax legislation and advanced legal studies. He has also<br />
attended continuing legal education courses offered by the Universidades Católica and<br />
Adolfo Ibáñez on the topics of tax and commercial law, banking law, credit instruments<br />
and foreign trade.<br />
Before joining <strong>Deloitte</strong>, he held a position as an attorney with the Banco de Santiago,<br />
in charge of the legal section of the Large Business Management Division. In 1997, he<br />
was assigned to the <strong>Deloitte</strong> office in Los Angeles, California, where he acquired<br />
extensive experience in international tax matters.<br />
Mr Mecklenburg is a member of the board of the Chilean Canadian Chamber of<br />
Commerce, and the charity organization “Cerro Navia Joven”. He is frequently<br />
named and interviewed by the media and technical magazines on tax matters.<br />
He teaches at the Universidad Andrés Bello, at postgraduate level.<br />
59
Chile<br />
Julio Pereira<br />
PricewaterhouseCoopers<br />
Av Andres Bello 2711 – 4 piso<br />
Las Condes<br />
Santiago<br />
Chile<br />
Tel: (56) 2 9400151<br />
Fax: (56) 2 9400503<br />
Email: j.pereira@cl.pwc.com<br />
Website: www.pwc.com<br />
Julio Pereira joined Price Waterhouse’s Santiago office in 1990 with a juris doctor degree<br />
from the Catholic University of Chile, School of Law. In 1993, he obtained a master of<br />
laws from Duke University, School of Law, Durham, North Carolina, where he attended<br />
courses in business associations, contracts and international taxation. He joined Price<br />
Waterhouse’s international tax services department in New York City in 1993, and was<br />
admitted to partnership in 1998.<br />
As a partner, Mr Pereira has been a tax and legal adviser for both local and multinational<br />
corporations. He has been in charge of PwC’s entertainment, media and communications<br />
group for the past two years. He has a wide range of experience in serving international<br />
clients, including foreign investment contracts, capital and loan structuring, expatriates<br />
taxation, incorporation of companies, due diligence works, joint ventures, mergers and<br />
acquisitions, software contracts and reorganizations.<br />
He is currently a professor of tax law at the Catholic University of Chile, School of Law,<br />
in the graduate and postgraduate programmes, a former member of the Duke University<br />
School of Law board of visitors (1999 to 2002), a member of the Chilean Duke Law<br />
Alumni Club and an active member of the Chilean Bar Association.<br />
60 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Chile<br />
Juan Manuel Baraona<br />
Baraona Marré, Santiago<br />
Fernando Barros<br />
Barros & Errázuriz, Santiago<br />
Jaime Carey<br />
Carey & Cia, Santiago<br />
Anthony Cook (see bio)<br />
<strong>Deloitte</strong>, Santiago (see advert on inside front)<br />
Sergio Illanes<br />
Baker & McKenzie, Santiago<br />
Alvaro Mecklenburg (see bio)<br />
<strong>Deloitte</strong>, Santiago (see advert on inside front)<br />
Sebastián Obach<br />
Cariola Diez Perez-Cotapos & Cia, Santiago<br />
Julio Pereira (see bio)<br />
PricewaterhouseCoopers, Santiago<br />
Maria Eugenia Sandoval<br />
PricewaterhouseCoopers, Santiago<br />
Lisandro Serrano<br />
Vial y Palma, Santiago<br />
Rodrigo Valenzuela<br />
Ernst & Young, Santiago<br />
61
China<br />
Joseph Tse<br />
<strong>Deloitte</strong><br />
30/F Bund Center<br />
222 Yan An Road East<br />
Shanghai 200002<br />
China<br />
Tel: (86) 21 6141 1006<br />
Fax: (86) 21 6335 0199<br />
Email: jostse@deloitte.com.cn<br />
Website: www.deloitte.com.cn<br />
Joseph Tse is <strong>Deloitte</strong>’s country tax leader for China including Hong Kong and<br />
mainland. Prior to that, he was managing partner in mergers and acquisitions tax for the<br />
Asia-Pacific region. He is also concurrently serving as managing partner in tax for the<br />
eastern China region.<br />
Mr Tse’s professional focus is the provision of tax advice to strategic and financial buyers<br />
on planning their China investments, structuring China investment holdings, managing<br />
local organizational and operational issues, and identifying practical solutions that best<br />
achieve corporate objectives. Mr Tse also leads the firm’s World Trade Organization<br />
(WTO) practice group, providing clients with the most up-to-date information on<br />
China’s regulatory developments complying with WTO requirements and assisting<br />
clients in evaluating how WTO will affect their business plans.<br />
Mr Tse has served the firm’s leading international clients across a broad spectrum of<br />
industries and service sectors.<br />
Legal Media Group named Mr Tse one of the world’s leading tax advisers in 2002.<br />
He earned his degree in mathematics (honours) at the University of Waterloo, and his<br />
masters in business administration (finance) at York University. Mr Tse is a member of<br />
the Institute of Chartered Accountants of Canada and of the Canadian <strong>Tax</strong> Foundation.<br />
62 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
China<br />
Spencer Chong<br />
PricewaterhouseCoopers, Shanghai<br />
Larry Sussman<br />
O’Melveny & Myers, Beijing<br />
Joseph Tse (see bio)<br />
<strong>Deloitte</strong>, Shanghai (see advert on inside front)<br />
63
Colombia<br />
Jaime Vargas-Cifuentes<br />
<strong>Deloitte</strong><br />
Carrera 12 No 96-81. Piso 5<br />
Bogotá<br />
Colombia<br />
Tel: (57) 1 6367902 ext 2003<br />
Fax: (57) 1 2560017<br />
Email: jvargascifuentes@deloitte.com<br />
Website: www.deloitte.com<br />
Jaime Vargas is a tax partner in the Bogota office of <strong>Deloitte</strong>. He entered <strong>Deloitte</strong><br />
Asesores & Consultores at the beginning of 2003 and is currently the partner in charge<br />
of the tax and legal practices of <strong>Deloitte</strong> in Colombia.<br />
Prior to working at <strong>Deloitte</strong>, he was a partner with Arthur Andersen and led its<br />
Colombian tax practice. From 1995 to 2000, he worked for Baker & McKenzie, where<br />
he was a partner and leader of the firm’s Colombian tax practice.<br />
Between August 1998 and June 1999, he worked for the Chicago office of Baker &<br />
McKenzie, where he advised clients on matters related to international tax subjects of the<br />
United States and Latin America in general. At the same time he took courses in<br />
international taxation at the Kent School of Law, Illinois Institute of Technology, and<br />
participated in seminars on transfer pricing.<br />
Before joining Baker & McKenzie, he was a senior in the tax division of Andersen &<br />
Cía, Colombia (September 1992 to August 1995), and was a supporting attorney of the<br />
Fourth Section of the Council of State, where he was in charge of drafting judgments<br />
on tax matters.<br />
Mr Vargas has taken part in various projects on behalf of public and private sector<br />
companies in the following industries: services, manufacturing, oil, construction,<br />
software, public utilities and telecommunications.<br />
Mr Vargas has lectured in tax planning for international transactions (University<br />
Externado de Colombia School of Finances and International Relations) and in<br />
international transactions and taxes specific to the oil industry (University Externado de<br />
Colombia School of Economics). He has also lectured in tax planning at the Pontificia<br />
Javeriana University School of Economic Sciences, and was professor of international<br />
taxation at the Universidad del Rosario School of Law. He has been a guest speaker for<br />
Colombia in several tax seminars organized by the Council for International <strong>Tax</strong><br />
Education (CITE) and the Executive Enterprises Institute. He is the author of a book<br />
on Colombian taxes issued by the CCH in its Latin American tax library.<br />
Mr Vargas studied law at the University Externado de Colombia and is a member of<br />
the Colombian Institute of <strong>Tax</strong> Law.<br />
64 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Colombia<br />
Paul Cahn-Speyer Wells<br />
Cahn-Speyer Paredes & Asociados, Bogota<br />
John Guarin<br />
Ernst & Young, Bogota<br />
Luz Maria Jaramillo<br />
Ernst & Young, Bogota<br />
Carlos Mario Lafaurie<br />
PricewaterhouseCoopers, Bogota<br />
Alfredo Lewin<br />
Lewin & Wills Abogados, Bogota<br />
Monica Reyes<br />
Reyes Abogados Asociados, Bogota<br />
Jaime Vargas-Cifuentes (see bio)<br />
<strong>Deloitte</strong>, Bogota (see advert on inside front)<br />
65
Cyprus<br />
Andreas Neocleous<br />
Andreas Neocleous & Co<br />
Neocleous House<br />
199 Archbishop Makarios III Avenue<br />
CY-3608 Limassol<br />
Cyprus<br />
Tel: (357) 25 362 818<br />
Fax: (357) 25 359 262<br />
Email: andreas@neocleous.com<br />
Website: www.neocleous.com<br />
Andreas Neocleous, born in 1939 in Paphos, Cyprus, is the founder and managing<br />
partner of Andreas Neocleous & Co, the leading Cyprus international law firm, with<br />
overseas offices in Moscow, Brussels, Budapest, Kiev and Prague. He graduated from<br />
Athens University in 1964 and was admitted to the Cyprus Bar in 1965. He is a former<br />
member of both the Cyprus parliament and the Cyprus Bar Council and is currently a<br />
member of the Cyprus Bar Association and the International Academy of <strong>Tax</strong> <strong>Advisers</strong>.<br />
He is also a member of Congress of Fellows of the Center for International Legal<br />
Studies and the Cyprus national reporter for the American Bar Association. He is vicechairman<br />
of the Mediterranean Maritime Arbitration Association and a board member<br />
of several major international companies.<br />
Mr Neocleous is ranked as one of the leading lawyers of the world by reputable rating<br />
houses. His particular expertise lies in international corporate tax law and cross-border<br />
investments. His clients include banks and financial institutions, multinational<br />
corporations and high net worth individuals in Western and Eastern European countries<br />
and other jurisdictions. His practice is focused on cross-border commercial, banking,<br />
arbitration, tax and corporate law.<br />
Mr Neocleous frequently participates as a speaker at international conferences. He is the<br />
author of numerous contributions to leading law journals and publications, including the<br />
Cyprus chapter of International <strong>Tax</strong> Planning 2nd edition, published by Longman (1991).<br />
He is co-author of Introduction to Cyprus Law by Andreas Neocleous & Co (2000) and of<br />
the Cyprus chapters of International <strong>Tax</strong>ation of Low-<strong>Tax</strong> Transactions, published by The<br />
Bureau of National Affairs Inc (1996); International Execution Against Judgment Debtors,<br />
published by Sweet & Maxwell (1997); and International Banking Law & Regulation,<br />
published by FT Law & <strong>Tax</strong> (1998).<br />
66 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Cyprus<br />
Elias Neocleous<br />
Andreas Neocleous & Co<br />
Neocleous House<br />
199 Archbishop Makarios III Avenue<br />
CY-3608 Limassol<br />
Cyprus<br />
Tel: (357) 25 362818<br />
Fax: (357) 25 359262<br />
Email: eliasn@neocleous.com<br />
Website: www.neocleous.com<br />
Elias Neocleous was born in Limassol, Cyprus in 1968. He graduated in law from<br />
Oxford University in 1991 and is a barrister of the Inner Temple. He was admitted to<br />
the Cyprus Bar in 1993 and has been a partner in Andreas Neocleous & Co since 1995.<br />
He currently heads the firm’s corporate and commercial department as well as the<br />
specialist banking and finance and tax groups.<br />
His areas of practice are banking and finance, company matters, international trade,<br />
intellectual property, trusts and estate planning and tax. Elias is a founder member of<br />
the Cyprus Society of Trust and Estate Practitioners and serves on its committee. He<br />
is a founder member of the Franchise Association of Greece, a member of the<br />
International Bar Association, the International <strong>Tax</strong> Planning Association, an<br />
honorary member of the Association of Fellows of Legal Scholars of the Center for<br />
International Legal Studies and the honorary secretary of the Limassol Chamber of<br />
Commerce and Industry.<br />
The Chambers Global guide recommends Elias Neocleous as “‘an excellent person to<br />
deal with, a smart, resourceful performer’, according to his clients.”<br />
Elias has a large number of publications to his credit, including: “Corporate tax residence<br />
following the Cadbury-Schweppes decision”, <strong>Tax</strong> Business, November/December 2006;<br />
“The Cyprus Holding Company”, Offshore Investment, September 2006; Corporate<br />
taxation in Cyprus – an ideal destination for holding companies, Euromoney Corporate <strong>Tax</strong><br />
Handbook 2006; “Cyprus-Europe’s low-tax financial and business center”, Offshore<br />
Investment, September 2006.<br />
Elias is also author of the Cyprus chapter in International Succession Laws, by Lexis<br />
Nexis Butterworths (2002), Planning and Administration of Offshore and Onshore Trusts,<br />
by Lexis Nexis Butterworths (2003), Mergers and Acquisitions Handbook 2003/04, by<br />
Practical Law Co, <strong>Tax</strong> Law Handbook 2004 by Practical Law Co and World Trust Survey<br />
2006, by Trusts & Trustees. He is co-author of Introduction to Cyprus Law, by Andreas<br />
Neocleous & Co (2000), <strong>Tax</strong> Planning in the New EU Countries: Malta & Cyprus, by<br />
BNA International (2005) and co-author of the Cyprus chapter of the Practitioner’s<br />
guide to Takeovers & Mergers in the EU, by City & Financial Limited 2005.<br />
67
Cyprus<br />
Andreas Neocleous (see bio)<br />
Andreas Neocleous & Co, Limassol<br />
Elias Neocleous (see bio)<br />
Andreas Neocleous & Co, Limassol<br />
68 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Czech Republic<br />
Jan Capek<br />
Ernst & Young<br />
Charles Square Centre, Karlovo námestí 10<br />
120 00 Prague 2<br />
Czech Republic<br />
Tel: (420) 22533 5111<br />
Fax: (420) 22533 5222<br />
Email: jan.capek@cz.ey.com<br />
Website: www.ey.com/cz<br />
Jan Capek is a senior tax partner of Ernst & Young, the largest tax consulting firm<br />
operating on the Czech market.<br />
Jan Capek began his career with Arthur Andersen in 1991 and joined Ernst & Young in<br />
2002. His current client base includes 11 of the 50 largest Czech companies. Jan Capek<br />
gives lectures on tax matters and publishes articles in professional magazines.<br />
Jan Capek has a master’s degree in business administration from the Prague School of<br />
Economics. He is a certified tax adviser and accounting expert. He is fluent in Czech and<br />
English.<br />
Ernst & Young provides a wide range of tax services to leading Czech corporations and<br />
international investors.<br />
69
Czech Republic<br />
Jan Capek (see bio)<br />
Ernst & Young, Prague<br />
Ales Cechel<br />
White & Case, Prague<br />
Lucie Vorlickova<br />
Vorlickova & Leitner, Prague<br />
70 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Denmark<br />
Erik Jensen<br />
<strong>Deloitte</strong><br />
Weidekampsgade 6<br />
2300 Copenhagen S<br />
Denmark<br />
Tel: (45) 36 10 25 38<br />
Fax: (45) 36 10 20 40<br />
Email: erjensen@deloitte.dk<br />
Website: www.deloitte.com<br />
Erik Jensen is an international tax partner based in Copenhagen, with more than 15<br />
years of international tax experience.<br />
Erik practises in corporate tax, with a focus on providing international tax planning and<br />
tax advice to internationally based groups. His experience covers a wide range of<br />
industries, but has centred on industrial conglomerates, telecoms and the pharmaceutical<br />
sector.<br />
Erik has specialized experience in permanent establishment issues abroad, and in<br />
Denmark for industrial groups with construction tasks. He has had several US tax<br />
planning assignments for Danish-based multinational groups, undertaken tax structure<br />
and due diligence assignments abroad and in Denmark for multinational groups,<br />
including dealing with tax issues related to share purchase agreements. Erik also<br />
undertakes due diligence assignments regarding investments in real estate funds.<br />
He is a member of the Danish branch of IFA.<br />
71
Denmark<br />
Lars Loftager Jørgensen<br />
<strong>Deloitte</strong><br />
Weidekampsgade 6<br />
Box 1600<br />
0900 Copenhagen C<br />
Denmark<br />
Tel: (45) 36 10 20 30<br />
Email: ljoergensen@deloitte.dk<br />
Website: www.deloitte.dk<br />
Lars Loftager Jørgensen has been with <strong>Deloitte</strong> since 1999 and is the indirect tax service<br />
line leader of <strong>Deloitte</strong> Denmark. Lars has more than 25 years of indirect tax experience,<br />
covering the whole range of Danish and international VAT issues. His experience covers<br />
a wide range of industries but has been focused during recent years on large industrial<br />
companies and public limited companies and institutions.<br />
Lars has worked on a number of significant inbound and outbound projects including<br />
VAT issues in relation to cross-border implementation of ERP systems, VAT<br />
structuring, mergers and acquisitions and public infrastructure projects, including<br />
private-public partnerships. In addition, Lars has strong experience in negotiations with<br />
the tax authorities on special issues within indirect taxes for his customers.<br />
Lars has been national reporter to the International Fiscal Association Congress, Sydney<br />
2000, and has since 1994 been a co-author of an extensive commentary on Danish VAT<br />
legislation and practice. He is a member of the indirect tax committee of the Danish<br />
Association of State-authorized Public Accountants, a member of the committee of the<br />
Danish <strong>Tax</strong> Scientific Association, and a member of the indirect tax working group of<br />
FEE (the European Accountancy Association). Lars is officially appointed external<br />
examiner at the Copenhagen Business School.<br />
Lars has a masters degree in law from the University of Copenhagen and a basic<br />
education from the Customs authorities.<br />
72 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Denmark<br />
Nikolaj Bjørnholm<br />
Bech-Bruun, Copenhagen<br />
Jan Børjesson<br />
Kromann Reumert, Aarhus<br />
Tommy V Christiansen<br />
Tommy V Christiansen, Aarhus<br />
Lasse Esbjerg Christensen<br />
Plesner Svane Gronborg, Copenhagen<br />
Anders Oreby Hansen<br />
Bech-Bruun, Copenhagen<br />
Erik Jensen (see bio)<br />
<strong>Deloitte</strong>, Copenhagen (see advert on inside front)<br />
Lars Loftager Jørgensen (see bio)<br />
<strong>Deloitte</strong>, Copenhagen (see advert on inside front)<br />
Niels Josephsen<br />
Ernst & Young, Copenhagen<br />
Tom Kári Kristjánsson<br />
Plesner Svane Gronborg, Copenhagen<br />
Susanne Nørgaard<br />
PricewaterhouseCoopers, Copenhagen<br />
Arne Møllin Ottosen<br />
Kromann Reumert, Copenhagen<br />
Michael Serup<br />
Bech-Bruun, Aarhus<br />
Hans Severin Hansen<br />
Plesner Svane Gronborg, Copenhagen<br />
Michael Sørensen<br />
KPMG C Jespersen Statsautoriseret<br />
Revisionsinteressentskab, Copenhagen<br />
73
Finland<br />
Arto Kukkonen<br />
HH Partners<br />
Mannerheimintie 14 A<br />
00100 Helsinki<br />
Finland<br />
Tel: (358) 9 177 613<br />
Fax: (358) 9 653 873<br />
Email: arto.kukkonen@hhpartners.fi<br />
Website: www.hhpartners.fi<br />
Arto Kukkonen is a partner at HH Partners and is in charge of the firm’s taxation law<br />
practice.<br />
Mr Arto Kukkonen received his LLM from the University of Helsinki in 1986 and was<br />
admitted to the Bar in 1992. He works for Finnish companies and foreign companies<br />
with business activities in Finland. He specializes in corporate reorganizations,<br />
mergers and acquisitions, personal taxation and tax litigation. He has written several<br />
articles on taxation law for international publications.<br />
74 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Finland<br />
Petri Salomaa<br />
<strong>Deloitte</strong><br />
Porkkalankatu 24<br />
PO Box 122<br />
00181 Helsinki<br />
Finland<br />
Tel: (358) 20 755 500<br />
Fax: (358) 20 755 505<br />
Email: petri.salomaa@deloitte.fi<br />
Website: www.deloitte.fi<br />
Petri Salomaa is a tax partner in the Helsinki office of <strong>Deloitte</strong> and leads the indirect<br />
tax practice of <strong>Deloitte</strong> Finland.<br />
Petri has extensive experience in Finnish and international VAT matters. Before joining<br />
<strong>Deloitte</strong> in February 2005, he worked as an internal tax adviser at Nokia Group, and<br />
from 1997 as a tax manager at Arthur Andersen and senior manager promoted to partner<br />
at Ernst & Young.<br />
Petri has acted as an adviser in numerous acquisitions and restructurings as well as in<br />
outsourcing and cross-border supply chain projects. He also specializes in VAT issues<br />
relating to the financial sector, real estate and construction industries. Petri has served<br />
several EU, US and Asia-based multinationals in their Finnish indirect tax matters.<br />
Since 2003, International <strong>Tax</strong> Review has ranked Petri as one of the leading tax advisers<br />
in the Finnish market.<br />
Petri has published articles in Finnish tax and accounting magazines, co-authored tax<br />
planning publications, and lectured in hundreds of tax seminars.<br />
Petri has university degrees in law (LLM, taxation) and economics (accounting).<br />
75
Finland<br />
Outi Ukkola<br />
<strong>Deloitte</strong><br />
Porkkalankatu 24<br />
00180 Helsinki<br />
Finland<br />
Tel: (358) 20 755 500<br />
Fax: (358) 20 755 505<br />
Email: outi.ukkola@deloitte.fi<br />
Website: www.deloitte.fi<br />
Outi Ukkola is a partner in the international tax department at <strong>Deloitte</strong>. She joined the<br />
firm in 2002 and is the head of tax at <strong>Deloitte</strong> Finland. Prior to joining <strong>Deloitte</strong>, Outi<br />
led the international and corporate tax service line at Arthur Andersen (1991 to 2002).<br />
Outi has also worked at PricewaterhouseCoopers (1990 to 1991) and at the National<br />
<strong>Tax</strong>payers’ Association.<br />
Outi has served a wide range of industries. She has a special interest in financing<br />
structures, corporate reorganizations and transfer pricing. She has participated in large<br />
public to private transactions involving significant coordination of activities and liaison<br />
with several specialist groups, spin-offs requiring complex pre-transaction measures, ecommerce<br />
structuring, etc., and has coordinated a large number of due diligences and<br />
related structuring work.<br />
For many years, International <strong>Tax</strong> Review has named Outi as one of the leading<br />
international tax advisers in Finland. She has also gained recognition in the area of<br />
transfer pricing.<br />
Outi has published books in the area of corporate taxation and is a frequent speaker in<br />
tax seminars.<br />
She studied law at Helsinki University (LLM, 1987) and is trained on the bench (1989).<br />
Outi is a member of the International Chamber of Commerce in Helsinki (tax), the<br />
Federation of Finnish Commerce (tax committee), and the Helsinki and Espoo<br />
Chamber of Commerce (tax and legal).<br />
76 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Finland<br />
Ilkka Kajas<br />
PricewaterhouseCoopers, Helsinki<br />
Arto Kukkonen (see bio)<br />
HH Partners, Helsinki<br />
Timo Matikkala<br />
KPMG, Helsinki<br />
Outi Raitasuo<br />
Hannes Snellman, Helsinki<br />
Ola Saarinen<br />
PricewaterhouseCoopers, Helsinki<br />
Petri Salomaa (see bio)<br />
<strong>Deloitte</strong>, Helsinki (see advert on inside front)<br />
Outi Ukkola (see bio)<br />
<strong>Deloitte</strong>, Helsinki (see advert on inside front)<br />
Gunnar Westerlund<br />
Roschier, Helsinki<br />
77
France<br />
Pierre-Jean Douvier<br />
CMS Bureau Francis Lefebvre<br />
1/3 Villa Emile-Bergerat<br />
92522 Neuilly-sur-Seine<br />
Paris<br />
France<br />
Tel: (33) 1 47 38 56 76<br />
Fax: (33) 1 47 45 86 75<br />
Email: pierre-jean.douvier@cms-bfl.com<br />
Website: www.cms-bfl.com<br />
Pierre-Jean Douvier joined the international taxation department of CMS Bureau Francis<br />
Lefebvre in 1986 where he was co-opted as an equity partner in 1991. He formerly had<br />
been with Coopers & Lybrand (1981 to 1984) and Ernst & Whinney (1984 to 1986). He<br />
is specialized in transfer pricing, having 24 years’ experience in the area. The support of<br />
a team of four economists within the firm is a major plus to assist clients in transfer<br />
pricing. His other practice areas are cross-border transactions – including M&A,<br />
financing, refinancing, hybrid financing and restructuring, financial leasing, European<br />
and international taxation. He is a lecturer in international taxation at University of Paris<br />
II-Assas. He is the author of several publications, including International taxation: 20 case<br />
studies (LITEC), <strong>Tax</strong> law in international relationships (PEDONE), The regime of permanent<br />
establishment (IBFD Amsterdam 2005), The regime of groups (Ed F Lefebvre, co-author,<br />
2005/2006), Treasury management (Ed F Lefebvre, 2002) and The regime of partnerships<br />
(IBFD Amsterdam 2005). He is an active member of the Institute for <strong>Tax</strong> Advisors<br />
(IACF), of the International Fiscal Association (IFA), of the International Bar Association<br />
(IBA) and is the honorary vice-president of the Trusts Committee of the IBA. He is a<br />
member of STEP France. He is fluent in English and speaks German.<br />
Pierre-Jean’s recent experience includes:<br />
• assisting French and international key-pharmaceuticals groups (international<br />
reorganizations, re-engineering of services, APA, transfer of functions);<br />
• assisting international distribution and manufacturing groups (transfer pricing);<br />
• assisting in transfer pricing litigations: domestic, competent authorities process and<br />
European convention;<br />
• review of transfer pricing methodologies to reduce risks in the event of future tax<br />
audits (preparation of key elements with the assistance of economists within Francis<br />
Lefebvre);<br />
• assistance in global trading with respect to transfer pricing;<br />
• assistance in M&A transactions, thin-cap rules connected to such M&A, followed by<br />
revisiting transfer pricing methodologies;<br />
• tax advice with respect to permanent establishment and the corresponding practicality<br />
to reduce or eliminate such tax risks;<br />
• transfer pricing and e-commerce: tax issues with respect to permanent establishment;<br />
• withholding tax aspects of the various cross-border flows (fees, software content,<br />
licensing of intangibles): domestic regime, income tax treaty aspects, EU law;<br />
• transfer pricing/allocation of taxable income and expenses;<br />
• issues with respect to effective seat of management of companies; and<br />
• localization of companies/assets/functions depending on the activities involved.<br />
78 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
France<br />
Bruno Gibert<br />
CMS Bureau Francis Lefebvre<br />
1/3 Villa Emile-Bergerat<br />
92522 Neuilly-sur-Seine<br />
Paris<br />
France<br />
Tel: (33) 1 47 38 43 78<br />
Fax: (33) 1 47 45 86 75<br />
Email: bruno.gibert@cms-bfl.com<br />
Website: www.cms-bfl.com<br />
Bruno Gibert joined CMS Bureau Francis Lefebvre as an equity partner in 2001. He<br />
specializes in international taxation. After graduating in political sciences at the IEP<br />
Paris (Sciences-Po) in 1979, Bruno Gibert completed his education with a masters in<br />
corporate and tax law at the University of Paris II (Assas) before entering the ENA.<br />
He has 16 years’ experience in the government service, where he was in charge of<br />
international tax affairs (negotiation of tax treaties with foreign countries, OECD and<br />
EU work, and competent authority). He used to be co-chairman of the OECD Forum<br />
on Harmful <strong>Tax</strong> Practices (1996 to 2001). Chairman of the EU Joint Forum on<br />
Transfer Pricing since 2002, he is also a member of the International Fiscal Association<br />
(IFA). He is the author of a report to the French government on tax security in France<br />
in 2004 and of the chapter on rulings of a book on French tax procedures published in<br />
2005. He regularly publishes articles on international tax matters in French and<br />
international publications. He is fluent in French and English.<br />
79
France<br />
Edouard Milhac<br />
CMS Bureau Francis Lefebvre<br />
1-3, villa Emile Bergerat<br />
92522 Neuilly-sur-Seine Cedex<br />
France<br />
Tel: (33) 1 47 38 43 37<br />
Fax: (33) 1 47 38 42 84<br />
Email: edouard.milhac@cms-bfl.com<br />
Website: www.cms-bfl.com<br />
Edouard Milhac joined CMS Bureau Francis Lefebvre in 1990 and was co-opted as a<br />
partner in 2001. He is team manager of the international taxation department.<br />
Edouard worked as a local partner in the New York office of CMS Bureau Francis<br />
Lefebvre in 1998, specializing in international taxation, and between 1994 and 2000<br />
he was an associate of the New York office.<br />
Edouard’s areas of specialization include cross-border restructuring and mergers and<br />
acquisitions, structured finance projects and private equity fund structuring. He is a<br />
member of the International Fiscal Association (IFA), the International Bar Association<br />
(IBA), the American Bar Association (ABA), the French Association for Corporate Legal<br />
<strong>Advisers</strong> (ACE) and the Institut des Avocats Conseils Fiscaux (IACF).<br />
He has contributed to OECD publications and published articles in the Journal of<br />
International <strong>Tax</strong>ation and the <strong>Tax</strong> Management International Journal.<br />
Edouard holds a masters degree in business administration, finance and taxation, and<br />
received his postgraduate degee (DESS) in business taxation from the University of<br />
Paris IX Dauphine (1989).<br />
Edouard speaks French and English.<br />
80 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
France<br />
Jean-Marc Tirard<br />
Tirard Naudin<br />
10 rue Clément Marot<br />
75008 Paris<br />
France<br />
Tel: (33) 1 53 57 36 00<br />
Fax: (33) 1 47 23 63 31<br />
Email: tirard.naudin@online.fr<br />
Jean-Marc Tirard co-founded his present firm, specializing solely in taxation matters, in<br />
1997. He began his career with the French tax administration. For 10 years, he was in<br />
charge of the tax department of Ernst and Whinney. In 1989, he joined Clifford Chance<br />
where he developed the French and international tax practice. He has more than 30<br />
years’ experience advising large French and foreign companies on domestic and<br />
international corporate tax issues as well as negotiating with tax authorities and handling<br />
tax litigation. During his career he has been associated with numerous high-profile<br />
corporate transactions. He has also had extensive experience in dealing with cross-border<br />
use of intellectual property, particularly in the context of transfer-pricing disputes. His<br />
current practice involves a significant emphasis on international tax issues including<br />
transfer pricing. He is involved in several APA applications introduced by large<br />
multinational firms following the recent introduction of this procedure in France and<br />
represented the first US multinational to conclude an APA between France and the US.<br />
Mr Tirard has published many articles and books in French and English including La<br />
Fiscalité des Sociétés dans la CEE (7th edition, 2006) translated in English as Corporate<br />
<strong>Tax</strong>ation in EU Countries (Longmans). He is a frequent speaker at seminars dealing with<br />
international tax planning in the context of various matters such as cross-border mergers,<br />
joint ventures, transfer of technology, assets financing or the consensual resolution of<br />
transfer-pricing issues. He is chairman of the <strong>Tax</strong> Commission of the French Committee<br />
of the International Chamber of Commerce and co-chairman of the International <strong>Tax</strong><br />
Committee of the same organization. He is a member of the IFA and of the Licensing<br />
Executives Society (LES). He has been rated over the last years as one of the leading<br />
French tax lawyers in the Euromoney International <strong>Tax</strong> Review survey.<br />
81
France<br />
Claire Acard<br />
Ernst & Young, Paris<br />
Vincent Agulhon<br />
Jones Day, Paris<br />
Jean-Pierre Andrieux<br />
CMS Bureau Francis Lefebvre, Paris<br />
Henri Bardet<br />
Cabinet Henri Bardet, Paris<br />
Richard Beauvais<br />
Gide Loyrette Nouel, Paris<br />
Gauthier Blanluet<br />
Sullivan & Cromwell, Paris<br />
Jean-Claude Bouchard<br />
Taj, Paris<br />
Pierre-Yves Bourtourault<br />
Baker & McKenzie, Paris<br />
Catherine Charpentier<br />
Ashurst, Paris<br />
Antoine Colonna d’Istria<br />
Freshfields Bruckhaus Deringer, Paris<br />
Pascal Coudin<br />
Cleary Gottlieb Steen & Hamilton, Paris<br />
Eric Davoudet<br />
Clifford Chance, Paris<br />
Allard de Waal<br />
Paul Hastings Janofsky & Walker, Paris<br />
Philippe Derouin<br />
Linklaters, Paris<br />
Patrick Dibout<br />
Ernst & Young, Paris<br />
Pierre-Jean Douvier (see bio)<br />
CMS Bureau Francis Lefebvre, Paris<br />
Gilles Entraygues<br />
Cleary Gottlieb Steen & Hamilton, Paris<br />
Bruno Gibert (see bio)<br />
CMS Bureau Francis Lefebvre, Paris<br />
Bruno Gouthière<br />
CMS Bureau Francis Lefebvre, Paris<br />
Bernard Le-Pezron<br />
Willkie Farr & Gallagher, Paris<br />
82 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
France<br />
Edouard Milhac (see bio)<br />
CMS Bureau Francis Lefebvre, Paris<br />
Philippe Moisand<br />
Moisand Boutin & Associés, Paris<br />
Antoine Morterol<br />
Baker & McKenzie, Paris<br />
Siamak Mostafavi<br />
Allen & Overy, Paris<br />
Marie-Helene Raffin<br />
Willkie Farr & Gallagher, Paris<br />
Renaud Streichenberger<br />
Bredin Prat, Paris<br />
Robert Tarika<br />
Ernst & Young, Paris<br />
Pierre-Sébastien Thill<br />
CMS Bureau Francis Lefebvre, Paris<br />
Jean-Marc Tirard (see bio)<br />
Tirard Naudin, Paris<br />
Jérôme Turot<br />
Cabinet Turot, Paris<br />
Pierre Ullmann<br />
Brandford-Griffith & Associés, Paris<br />
Eric Zeller<br />
Clifford Chance, Paris<br />
83
Germany<br />
New directions for tax in<br />
Germany<br />
Reinhard Pöllath<br />
P+P Pöllath + Partners<br />
Munich<br />
Germany is changing. The economic upswing has increased<br />
tax revenues and given the government room for tax<br />
reductions. Globalization, including international tax<br />
competition, has hit Germany, and the government<br />
proclaims its willingness to compete.<br />
Corporate tax reduced<br />
The government has committed to reducing the corporate<br />
income tax rate to around 15%, in an effort to reduce the<br />
total corporate tax burden to below 30% (local business<br />
income tax plus federal income tax). For German<br />
shareholders, therefore, the personal income tax on<br />
dividends, now 1/2 of the regular rate, may go up to 1/1 (of<br />
approximately 45%).<br />
The inter-company 95% exemptions will be maintained, both for dividends received<br />
by a corporation and for capital gains from the sale of any shares in another<br />
corporation. The latter is also relevant for foreign corporate shareholders not<br />
protected by tax treaties, who otherwise would be fully taxable on gains from a 1% or<br />
higher shareholding in German companies.<br />
Interest capped<br />
To balance the revenue effect, and to fight interest deduction of German parent<br />
companies on loans from foreign-based low-taxed financing subsidiaries, the<br />
government is seeking to broaden the tax basis, taxable corporate income, by, for<br />
example, limiting interest deductions up to 30% EBIT. It would affect all German<br />
companies and partnerships, whether or not foreign-owned. This is necessary under<br />
EU non-discrimination rules. The only escape from this cap would be evidence that<br />
the overall interest deduction of the worldwide group exceeds 30% of EBIT. The<br />
disallowed interest would be carried forward. A major victim could be private equity,<br />
unless a fund benefits from the escape clause (depending on the definition of group).<br />
The government itself realizes the practical and juridical complexities involved. Its<br />
working paper contemplates alternative legislative action such as further restrictions<br />
on shareholder (or shareholder-secured) loans. This move began with a general addback<br />
of all or part of interest expense and moved on to US-type earnings-stripping<br />
concepts. The present cap proposal will not be the last word.<br />
Capital income, such as dividends, certain types of interest and share capital gains, may<br />
be subject to final withholding at or around 25%. The 2006 tax reform limited book<br />
value rollover for some merger scenarios, with the realized gain being taxed at 1/7 over<br />
seven years. The reform scrapped the general anti-abuse clause in the Merger <strong>Tax</strong> Act,<br />
which had faced much criticism as a source of uncertainty.<br />
<strong>Tax</strong> rulings would carry a fee of €50 per half hour of work. This may lead to more<br />
routine ruling practices. <strong>Tax</strong> officials dislike the fee, fearing taxpayers may begin to feel<br />
entitled to a ruling since they pay for it, whereas it is discretionary.<br />
For 2007, reflecting the upswing in mood, the government proposed an increase on<br />
the cap on charitable deductions to 20% (instead of the current 5% or 10%) and, in<br />
addition to this percentage, to double the maximum deduction when setting up a<br />
foundation to €750,000.<br />
Inheritance and gift tax<br />
Valuation rules have long been challenged as discriminating between real estate and<br />
other assets. The Constitutional Court is expected to render its judgment in early<br />
2007. The government now proposes a potentially more discriminatory tax benefit for<br />
84 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Germany<br />
business owners (including partnerships and direct, indirect or constructive 25%<br />
shareholders). The tax would be payable only after 10 years, and it would be forgiven<br />
1/10 for every year the business has been continued in a comparable mode.<br />
A little-noticed loophole for non-residents owning taxable domestic assets, such as real<br />
estate, business, industrial property, 10% shareholdings, etc, was inadvertently created<br />
by case law and an administrative follow-up decree. The holding of property<br />
beneficially through a nominee or trustee is examined for income tax purposes (as it<br />
has always been), but no longer for inheritance and gift tax. The principal’s claim<br />
against the nominee being a separate asset, non-residents should be able to escape<br />
German gift or inheritance tax in the underlying German assets.<br />
REITs<br />
The government has proposed legislation accepting a listed German corporation as a<br />
REIT. It would not be taxable, and tax would be levied at the shareholder-level only<br />
(at full rates for residents and withholding rates for non-residents). Residential real<br />
estate is excepted, so its foreign buyers are left without German competition.<br />
Maximum leverage should be 60%. Fifteen percent of the shares must be free float (of<br />
3% or less per shareholder). Any one shareholder may not own more than 10%, but<br />
this applies only directly, so indirect holdings should not be capped.<br />
VAT for holdings<br />
Still pending is a government proposal consolidating EU and other case law on upstream<br />
VAT deductions by holdings. It would allow the deduction for private equity holdings<br />
(as a broad exception for the industry), and otherwise for securities trading firms, for<br />
holdings rendering services to portfolio companies and for holdings with participations<br />
under an overall entrepreneurial concept, a nicely broad but vague definition.<br />
85
Germany<br />
Hubertus Baumhoff<br />
Flick Gocke Schaumburg<br />
Johanna-Kinkel-Str 2-4<br />
D-53175 Bonn<br />
Germany<br />
Tel: (49) 228 95 94 0<br />
Fax: (49) 228 95 94 100<br />
Email: hubertus.baumhoff@fgs.de<br />
Website: www.fgs.de<br />
Prof Dr Hubertus Baumhoff has been a tax partner in Flick Gocke Schaumburg’s Bonn<br />
office since 1991. His work focuses on transfer pricing, international group taxation,<br />
evaluation of enterprises and the performance of special audits. He is particularly<br />
experienced in defending transfer prices and transfer-price systems within the framework<br />
of tax audits of enterprises operating internationally with tax attachment points in<br />
Germany.<br />
He studied at Münster University and graduated from Hamburg University, obtaining his<br />
Doctor’s degree in Economics with a thesis on transfer pricing. After qualifying as a tax<br />
adviser he joined FGS. He qualified as a certified chartered accountant in 1991.<br />
In 2004 Prof Dr Baumhoff was appointed professor for international taxation at Siegen<br />
University. He has lectured for many years on international transfer-pricing issues at the<br />
Federal Finance Academy. He is an active member of national and international<br />
accounting and tax organizations.<br />
Prof Dr Baumhoff is the author of numerous publications on international transfer<br />
pricing. These include: Transfer Pricing for Services (1986), <strong>Tax</strong> Aspects Concerning the<br />
Transfer Pricing Policies Involving Foreign Distributors (1993), and Principles of Transfer<br />
Pricing Documentation Under the New Documentation Regulations (2004 and 2005) (together<br />
with Dr Ditz and Dr Greinert). His central transfer-pricing publications are the<br />
Commentary on the German Transfer Pricing Rules (Flick/Wassermeyer/Baumhoff, 2004)<br />
(together with Prof Dr Wassermeyer) and Transfer Prices between Internationally Affiliated<br />
Enterprises (Wassermeyer/Baumhoff) (2001). His most recent works are Transfer Pricing<br />
Policy in the Relocation of Operational Functions Abroad and The Profit Allocation to<br />
Internationally Affiliated Enterprises, which were published in 2005.<br />
86 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Germany<br />
Hanno Berger<br />
Dewey Ballantine<br />
Taunusanlage 1<br />
Skyper<br />
60329 Frankfurt<br />
Germany<br />
Tel: (49) 69 3639 3415<br />
Fax: (49) 69 3639 3333<br />
Email: hberger@deweyballantine.com<br />
Website: www.deweyballantine.com<br />
Hanno Berger is the managing partner in the Frankfurt office of Dewey Ballantine. He<br />
has a particular focus on the development of corporate, regulatory and tax-optimized<br />
structures for derivatives, certificates and other innovative financial products that are<br />
tailor-made for private and institutional investors. In the international asset management<br />
area, he develops and structures private equity funds, hedge funds, real estate funds,<br />
pension funds and mutual funds; he also advises fund sponsors and asset managers.<br />
Hanno Berger offers conceptual advice to domestic and foreign investors on the<br />
formation, purchase and sale, transformation, merger, demerger, split-up and liquidation<br />
of enterprises, including restructuring and joint ventures. He also advises international<br />
enterprises, banks and institutional investors, particularly regarding the formation of<br />
permanent establishments or subsidiaries within Germany and abroad, and in connection<br />
with real property investments in Germany. He develops tax-optimized succession<br />
structures. In addition, he assists banks during tax audits, in administrative appeals and<br />
court procedures, and regarding the criminal law aspects of tax law.<br />
Hanno Berger received his doctorate from the University of Frankfurt in 1979, and a<br />
JD from the University of Frankfurt Law School in 1975.<br />
87
Germany<br />
Michael Best<br />
P+P Pöllath + Partners<br />
Kardinal-Faulhaber-Strasse 10<br />
D-80333 Munich<br />
Germany<br />
Tel: (49) 89 24 24 0470<br />
Fax: (49) 89 24 24 0986<br />
Email: michael.best@pplaw.com<br />
Website: www.pplaw.com<br />
Dr Michael Best is a partner at P+P specializing in tax structuring, national and<br />
international tax law, tax planning, private equity and real property investments (funds).<br />
He has published numerous articles in professional journals on these subjects.<br />
Dr Best was admitted to the German Bar in 1988 and studied at the University of<br />
Munich and University of Augsburg (Dr jur 1991). He has been a tax consultant since<br />
1992, and from 1996 to 2001 was a partner in German law and tax firms.<br />
P+P is an independent corporate and tax firm with 76 lawyers and tax advisers focusing<br />
solely on mergers and acquisitions, tax, private equity/venture capital, funds, asset<br />
management and real estate. The firm has 20 partners, including Reinhard Pöllath,<br />
Dieter Birk, Matthias Bruse, Andreas Rodin, Andrea von Drygalski, Matthias Durst,<br />
Carsten Führling, Otto Haberstock, Andres Schollmeier, Thomas Töben, Philipp von<br />
Braunschweig, Ralph Wagner, Andreas Wilhelm, Wolfgang Tischbirek, Uwe Bärenz,<br />
Stefan Lebek, Michael Inhester, Benedikt Hohaus and Julian Lemor. P+P has offices in<br />
Berlin, Frankfurt and Munich and is fully independent and not affiliated with any other<br />
firm or group.<br />
88 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Germany<br />
Matthias Bruse<br />
P+P Pöllath + Partners<br />
Kardinal-Faulhaber-Strasse 10<br />
D-80333 Munich<br />
Germany<br />
Tel: (49) 89 24 24 0 270<br />
Fax: (49) 89 24 24 0 996<br />
Email: matthias.bruse@pplaw.com<br />
Website: www.pplaw.com<br />
Dr Matthias Bruse is one of the founding partners of P+P Pöllath + Partners. He has<br />
practised tax and corporate law since 1984 as a partner in a leading German law firm<br />
(1990 to 1997), including many years with his present P+P partners.<br />
His practice concentrates on mergers and acquisitions, joint ventures, reorganizations and<br />
financing, with a special focus on private equity investments.<br />
His publications include speeches and papers on the occasion of the International Bar<br />
Association’s annual conference. He has authored numerous articles and chaired<br />
conferences, for example, M&A für Profis. He graduated from Munich Law School in<br />
1980, obtained a Doctor juris degree from Bonn Law School in 1985 and a Master of Law<br />
(LLM) degree from the University of Miami in 1988.<br />
P+P is an independent corporate and tax firm with 75 lawyers and tax advisers focusing<br />
solely on mergers and acquisitions, tax, private equity/venture capital, funds, asset<br />
management and real estate. The firm has 20 partners, including Reinhard Pöllath,<br />
Dieter Birk, Andreas Rodin, Andrea von Drygalski, Matthias Durst, Carsten Führling,<br />
Otto Haberstock, Andres Schollmeier, Thomas Töben, Philipp von Braunschweig,<br />
Michael Best, Ralph Wagner, Andreas Wilhelm, Wolfgang Tischbirek, Uwe Bärenz,<br />
Stefan Lebek, Michael Inhester, Benedikt Hohaus and Julian Lemor. P+P has offices in<br />
Berlin, Frankfurt and Munich and is fully independent and not affiliated with any other<br />
firm or group.<br />
89
Germany<br />
Dieter Endres<br />
PricewaterhouseCoopers<br />
Marie-Curie-Straße 24 – 28<br />
60439 Frankfurt am Main<br />
Germany<br />
Tel: (49) 69 9585 6459<br />
Fax: (49) 69 9585 6573<br />
Email: dieter.endres@de.pwc.com<br />
Website: www.pwc.com<br />
Dieter Endres is a tax partner at PricewaterhouseCoopers Frankfurt, head of the firm’s<br />
tax and legal department in Germany, and member of PwC’s German Board. He<br />
specializes in international business transactions, transfer pricing, reorganizations,<br />
joint ventures, and M&A consulting. His key clients are US and UK multinationals<br />
and private equity houses.<br />
Dieter graduated from Mannheim University where he also obtained his Doctor’s<br />
degree in economics. He was awarded a JF Kennedy scholarship at Harvard<br />
University, Cambridge (US), in 1982/1983. After qualifying as a tax adviser<br />
(Steuerberater), Dieter joined Price Waterhouse in Frankfurt in 1986. He has been a<br />
partner since 1991. He is a member of the German Institute of <strong>Tax</strong> <strong>Advisers</strong>, of the<br />
international tax committee and the tax reform committee of the German Institute of<br />
Chartered Accountants, of the European-American <strong>Tax</strong> Institute, the tax committee of<br />
the Frankfurt Chamber of Commerce and of the International Fiscal Association.<br />
Dieter is the author of numerous tax publications (including Corporate <strong>Tax</strong>ation in<br />
Germany, an English language translation of the most important statutes, www.idwverlag.com)<br />
and is a frequent speaker at tax conferences in Germany and abroad. He<br />
is a honorary professor at Mannheim University and lecturer on international taxation.<br />
He has frequently been ranked as a leading tax professional in the German market.<br />
90 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Germany<br />
Manfred Günkel<br />
<strong>Deloitte</strong><br />
Schwannstrasse 6<br />
40476 Düsseldorf<br />
Germany<br />
Tel: (49) 211 8772 2578<br />
Fax: (49) 211 8772 112578<br />
Email: mguenkel@deloitte.de<br />
Website: www.deloitte.de<br />
Manfred Günkel has been an international tax partner with <strong>Deloitte</strong> & Touche since<br />
1977, based in Düsseldorf. He is the managing partner of <strong>Deloitte</strong>’s German tax practice.<br />
During his almost 30 years with <strong>Deloitte</strong>, he has advised many international and German<br />
entities regarding inbound and outbound investments. He is co-author of a commentary<br />
on treaty law and author of numerous articles in tax magazines on domestic and<br />
international issues.<br />
Mr Günkel is a member of the board of the Institute of <strong>Tax</strong> <strong>Advisers</strong> (Fachinstitut der<br />
Steuerberater) of the <strong>Tax</strong> Committee of the German Institute of Chartered Accountants,<br />
and a member of the Direct <strong>Tax</strong> Working Party of FEE (Fédération des Experts<br />
Comptables Européenne).<br />
Mr Günkel holds an economics degree from the University of Cologne. He is a German<br />
tax adviser (Steuerberater) and a German chartered accountant (Wirtschaftsprüfer).<br />
91
Germany<br />
Wilhelm Haarmann<br />
HAARMANN Partnerschaftsgesellschaft<br />
Neue Mainzer Str 75<br />
60311 Frankfurt am Main<br />
Germany<br />
Tel: (49) 69 9 20 59 105<br />
Fax: (49) 69 9 20 59 108<br />
Email: wilhelm.haarmann@haarmann.com<br />
Website: www.haarmann.com<br />
Professor Dr Wilhelm Haarmann is a lawyer, certified public accountant and certified<br />
tax adviser. His practice focuses on transactions, in particular mergers and acquisitions,<br />
private equity and venture capital, tax law, corporate law, finance law (including fund<br />
structuring) and arbitration.<br />
On January 1 2006 he left his prior firm and with other partners founded<br />
HAARMANN Partnerschaftsgesellschaft in Frankfurt. He was previously one of the<br />
founding partners of Haarmann Hemmelrath & Partner. From 1979 to 1987 he<br />
worked for Peat Marwick Mitchell & Co, where he became a partner in 1983. From<br />
1977 to 1979 he worked at Arthur Young & Co in Frankfurt.<br />
Wilhelm Haarmann is a member of the International Bar Association, International<br />
Fiscal Association: German board, Institute of German Chartered Accountants, IDW:<br />
chairman of <strong>Tax</strong> Experts Committee, Deutscher Anwaltsverein, and the German<br />
British Lawyers Association.<br />
He is a member of the World Economic Forum and the supervisory boards of leading<br />
companies in the IT and telecommunication industry (such as SAP). He is member of<br />
the board of the German private equity and venture capital association.<br />
Wilhelm Haarmann is professor for tax law at the University of Bamberg. He holds a<br />
JD from the University of Münster (1979) and studied law and economics at the<br />
universities of Münster and Freiburg.<br />
92 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Germany<br />
Heinz-Klaus Kroppen<br />
<strong>Deloitte</strong><br />
Schwannstrasse 6<br />
40476 Düsseldorf<br />
Germany<br />
Tel: (49) 211 8772 2241<br />
Fax: (49) 211 8772 2280<br />
Email: hkroppen@deloitte.de<br />
Website: www.deloitte.de<br />
Professor Dr Heinz-Klaus Kroppen is a partner of the international tax department of<br />
<strong>Deloitte</strong> & Touche in Düsseldorf. He is the head of <strong>Deloitte</strong>’s European and German<br />
transfer-pricing practice. His work focuses exclusively on international matters, mainly<br />
cross-border transactions, acquisitions and multinational corporations’ tax issues.<br />
Professor Kroppen has been selected several times for inclusion in the Guide to the<br />
World’s Leading <strong>Tax</strong> <strong>Advisers</strong> and the Guide to the World’s Leading Transfer Pricing <strong>Advisers</strong>,<br />
published in conjunction with International <strong>Tax</strong> Review.<br />
Professor Kroppen is editor and co-author of the leading German publication on<br />
transfer pricing. He is also co-author of the German chapter in the IBFD loose-leaf<br />
publication The <strong>Tax</strong> Treatment of Transfer Pricing, and in Robert Feinschreiber’s book,<br />
Transfer Pricing International. Professor Kroppen is also editor and co-author of a<br />
leading German publication on double-taxation treaties and co-author of the leading<br />
German personal and corporate income tax commentary.<br />
He is a member of the tax board of the American Chamber of Commerce in Germany.<br />
He is a professor of international tax law at the Ruhr University in Bochum and has<br />
been appointed to the EU Joint Transfer Pricing Forum by the EU Commission as<br />
one of 10 business experts in Europe.<br />
Professor Kroppen studied law at the universities of Kiel, Hamburg, and Cologne, and<br />
later clerked at the German <strong>Tax</strong> Court in Düsseldorf and at the German/Korean<br />
Chamber of Commerce and Industry in Seoul. During this time, he wrote a<br />
dissertation on company and tax law problems for which he was awarded his PhD in<br />
law. Professor Kroppen later attended Georgetown University Law School,<br />
Washington DC, receiving an LLM in international law.<br />
Professor Kroppen is a lawyer (Rechtsanwalt) and a member of the Düsseldorf Bar. He<br />
is also a licensed tax adviser (Steuerberater).<br />
93
Germany<br />
Jürgen Lüdicke<br />
PricewaterhouseCoopers<br />
New-York-Ring 13<br />
22297 Hamburg<br />
Germany<br />
Tel: (49) 40 6378 8423<br />
Fax: (49) 40 6378 8125<br />
Email: juergen.luedicke@de.pwc.com<br />
Website: www.pwc.com<br />
Prof Dr Jürgen Lüdicke is a tax partner at PricewaterhouseCoopers in Hamburg. His<br />
main areas of work include international tax planning, restructuring, mergers and<br />
acquisitions consulting, EU tax law and tax litigation. He also created Pricewaterhouse-<br />
Coopers’ German tax technical group, which he still leads.<br />
Jürgen is a member of the international tax committee of the Federal Chamber of <strong>Tax</strong><br />
Consultants, of the Institute of <strong>Tax</strong> Consultants (Fachinstitut der Steuerberater), of the<br />
International Fiscal Association and of the corporate tax committee of the German<br />
Institute of Chartered Accountants. He is one of the editors of Internationales Steuerrecht,<br />
a leading tax journal.<br />
Since 1999, Jürgen holds a chair in international taxation at the International <strong>Tax</strong> Institute<br />
of the Hamburg University (www.M-I-<strong>Tax</strong>.de). He is the author of numerous<br />
publications on tax matters, mainly on international taxation, tax treaty law and European<br />
tax law. He is a frequent speaker at tax conferences and leads the annual Hamburg <strong>Tax</strong><br />
Conference on International <strong>Tax</strong>ation.<br />
Jürgen graduated from the University of Bonn where he also obtained his doctorate in tax<br />
law. He is a qualified lawyer and tax adviser. He joined PricewaterhouseCoopers in 1985<br />
and was admitted to partnership in 1992.<br />
94 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Germany<br />
Reinhard Pöllath<br />
P+P Pöllath + Partners<br />
Kardinal-Faulhaber-Strasse 10<br />
D-80333 Munich<br />
Germany<br />
Tel: (49) 89 24 24 0220<br />
Fax: (49) 89 24 24 0997<br />
Email: reinhard.poellath@pplaw.com<br />
Website: www.pplaw.com<br />
Dr Reinhard Pöllath, of P+P Pöllath + Partners, a firm with 75 attorneys and tax advisers,<br />
has advised in law and tax matters since 1975. He was a senior partner in the Frankfurt,<br />
Berlin and Munich offices of a major German and also of a major international firm,<br />
working with most of the present P+P partners. In his practice areas (mergers and<br />
acquisitions, private equity funds, structuring companies and investments, successions,<br />
trusts, foundations), he has written and lectured extensively to business, professional and<br />
academic audiences. He is heavily involved in pro bono micro-loan projects in developing<br />
countries, in promoting Chinese in German schools, in defending human rights, and in<br />
raising funds for Max Planck, the major German scientific organization.<br />
Reinhard studied law in Regensburg, Cambridge, MA, and Munich. He has two lovely<br />
children.<br />
P+P specialize in legal and tax advice in two areas: transactions (mainly mergers and<br />
acquisitions, private equity, real estate) and asset management (mainly investments,<br />
financial products, successions). Within these specialist areas of expertise, P+P assist<br />
companies, owners, investment banks, funds, family offices and others in handling<br />
mergers and acquisitions transactions (including due diligence, post-acquisition<br />
restructuring, financing, syndication, de-listing, IPOs/secondary offerings); structuring<br />
and placing private equity, venture capital and other closed-end or public funds including<br />
funds of funds (starting with the very first private equity funds for Germany in the 1970s).<br />
P+P also assists in structuring financial products for investment banks; screening funds or<br />
products for institutional and private investors; organizing a family office, assisting in its<br />
investment activities, advising on wills, trusts, and intra-family agreements; accompanying<br />
real estate projects for owners, developers and contractors from purchase through sale;<br />
restituting East German properties and defending investors against restitutions;<br />
negotiating tax rulings and audit settlements; sitting on arbitration, supervisory or other<br />
boards; or serving as a nominee, trustee or administrator.<br />
In these specialized transactional and asset management areas, P+P partners cooperate<br />
freely with leading professionals in the relevant practice areas. P+P are not affiliated with<br />
any other firm or group. P+P partners provide services only in specialized areas, but there<br />
they provide full service, such as 24-hour office support, assistance in organizing a sales<br />
process or a family office or in providing book- or record-keeping services, running a socalled<br />
beauty contest on behalf of a client or finding or out-placing executives.<br />
Other partners in the P+P offices in Berlin, Frankfurt and Munich are Matthias Bruse,<br />
Andrea von Drygalski, Andreas Rodin, Thomas Töben, Ralph Wagner, Andres<br />
Schollmeier, Philipp von Braunschweig, Andreas Wilhelm, Dieter Birk, Otto Haberstock,<br />
Michael Best, Matthias Durst, Carsten Führling, Uwe Bärenz, Margot Gräfin von<br />
Westerholt, Benedikt Hohaus, Michael Inhester, Stefan Lebek, Wolfgang Tischbirek and<br />
Julian Lemor.<br />
95
Germany<br />
Andreas Rodin<br />
P+P Pöllath + Partners<br />
Potsdamer Platz<br />
Linkstrasse 2<br />
10785 Berlin<br />
Germany<br />
Tel: (49) 30 253 53 102<br />
Fax: (49) 30 253 53 995<br />
Email: andreas.rodin@pplaw.com<br />
Website: www.pplaw.com<br />
Dr Andreas Rodin is a founding partner of P+P Pöllath + Partners. He has practised tax<br />
and corporate law since 1986, for many of those years together with P+P partners, as a<br />
partner in a leading German law firm and as a partner in a major international law firm.<br />
He focuses on inbound and outbound investment funds, corporate finance and financial<br />
products, negotiations of German tax rulings and tax litigations and mergers and<br />
acquisitions (representing sellers and buyers of German and international businesses).<br />
His publications include the tax section of two partnership handbooks, articles on<br />
taxation and investments, speeches and papers at national and international conferences<br />
on mergers and acquisitions, financial products and privatization.<br />
He graduated from Munich Law School in 1983, where he also obtained a Doctor juris<br />
degree.<br />
P+P is an independent corporate and tax firm with 75 lawyers and tax advisers focusing<br />
solely on mergers and acquisitions, tax, private equity/venture capital, funds, asset<br />
management and real estate. The firm has 20 partners, including Reinhard Pöllath,<br />
Dieter Birk, Matthias Bruse, Andrea von Drygalski, Michael Best, Matthias Durst,<br />
Carsten Führling, Otto Haberstock, Andres Schollmeier, Thomas Töben, Philipp von<br />
Braunschweig, Ralph Wagner, Andreas Wilhelm, Wolfgang Tischbirek, Uwe Bärenz,<br />
Stefan Lebek, Michael Inhester, Benedikt Hohaus and Julian Lemor. P+P has offices<br />
in Berlin, Frankfurt and Munich and is fully independent and not affiliated with any<br />
other firm or group.<br />
96 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Germany<br />
Otmar Thömmes<br />
<strong>Deloitte</strong><br />
Rosenheimer Platz 4<br />
D- 1669 Munich<br />
Germany<br />
Tel: (49) 89290 36 8804<br />
Fax: (49) 89290 36 8900<br />
Email: othoemmes@deloitte.de<br />
Website: www.deloitte.de<br />
Otmar Thömmes has been a partner in the <strong>Deloitte</strong>’s Munich tax practice since 1995<br />
and is the leader of that office’s international tax practice. Otmar, with 20 years of<br />
experience in tax law (in both the public and private sectors), is responsible for service<br />
to clients on all aspects of cross-border taxation, including advising clients on corporate<br />
tax law, mergers, acquisitions, reorganizations, privatizations and MBOs.<br />
From 1989 to 1991, Otmar was seconded to the Commission of the European<br />
Communities in Brussels as National Expert in Directorate General XV, Division B-1<br />
(direct taxation), where he was directly involved in drafting EC Directives on direct tax<br />
matters.<br />
Otmar is a member of the editorial board of Intertax and Internationale Wirtschaftsbriefe,<br />
and general co-editor and author of EC Corporate <strong>Tax</strong> Law – Commentary on the EC<br />
Direct <strong>Tax</strong> Measures and Member States’ Implementation Laws, International Bureau of<br />
Fiscal Documentation (IBFD) Amsterdam (1991).<br />
He lectures extensively on international tax topics at international seminars and at the<br />
Universities of Augsburg, Hamburg, Vienna and Bonn.<br />
Otmar is a member of the German Institute of <strong>Tax</strong> Consultants; the board of the<br />
International Fiscal Association (IFA), Bavarian section; the Finance and <strong>Tax</strong><br />
Committee of the Chamber of Industry and Commerce (IHK) for Munich and Upper<br />
Bavaria; the board of trustees of the International Bureau of Fiscal Documentation<br />
(IBFD), Amsterdam.<br />
97
Germany<br />
Wolfgang Tischbirek<br />
P+P Pöllath + Partners<br />
Zeil 127<br />
60313 Frankfurt/Main<br />
Germany<br />
Tel: (49) 69 247 047 0<br />
Fax: (49) 69 247 047 30<br />
Email: wolfgang.tischbirek@pplaw.com<br />
Website: www.pplaw.com<br />
Wolfgang Tischbirek joined P+P Pöllath + Partners as a partner in 2004. He has<br />
practised German and international tax law since 1983 and was formerly a partner in a<br />
leading German law firm, as well as in a major international law firm.<br />
He specializes in German and international tax law, tax planning for German and foreign<br />
companies and individuals, in particular tax structuring for mergers and acquisitions,<br />
including acquisition financing, reorganizations, real estate transactions and<br />
international funds (private equity and alternative investments).<br />
Mr Tischbirek has co-authored major tax handbooks and frequently lectures on various<br />
aspects of German and international taxation.<br />
He studied law at the Universities of Cologne, Geneva and Freiburg, and interned at the<br />
European Commission in Brussels. He graduated from the University of California,<br />
Berkeley (LLM), and worked in a research team on tax treaties at the University of<br />
Munich.<br />
P+P is an independent corporate and tax firm with 76 lawyers and tax advisers focusing<br />
solely on mergers and acquisitions, tax, private equity/venture capital, funds, asset<br />
management and real estate. The firm has 20 partners, including Reinhard Pöllath,<br />
Dieter Birk, Matthias Bruse, Andreas Rodin, Andrea von Drygalski, Matthias Durst,<br />
Carsten Führling, Otto Haberstock, Andres Schollmeier, Thomas Töben, Michael Best,<br />
Philipp von Braunschweig, Ralph Wagner, Andreas Wilhelm, Uwe Bärenz, Stefan<br />
Lebek, Michael Inhester, Benedikt Hohaus and Julian Lemor. It has offices in Berlin,<br />
Frankfurt and Munich and is fully independent and not affiliated with any other firm or<br />
group.<br />
98 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Germany<br />
Thomas Töben<br />
P+P Pöllath + Partners<br />
Potsdamer Platz<br />
Linkstrasse 2<br />
10785 Berlin<br />
Germany<br />
Tel: (49) 30 253 53 202<br />
Fax: (49) 30 253 53 991<br />
Email: thomas.toeben@pplaw.com<br />
Website: www.pplaw.com<br />
Dr Thomas Töben is a partner with P+P Pöllath + Partners, a firm with over 70 lawyers<br />
and tax advisers specializing in mergers and acquisitions, tax, private equity, family office<br />
work and real estate. Dr Töben has 20 years of practice in tax law and advises on<br />
restructuring and reorganising businesses, partnerships, mergers and acquisitions,<br />
taxation of real property investments and cross-border leasing.<br />
He graduated from Hamburg University in 1981 and was assistant professor at Hamburg<br />
University until 1987. He was a partner of a major German law firm from 1990 until<br />
1995, German resident partner of an international law firm from 1996 until 2000, and<br />
joined Pöllath + Partners as a partner in April 2000. He has frequently lectured on<br />
international tax law and written numerous articles on tax matters. He is lecturer at<br />
Westfälische Wilhems-Universtität of Münster.<br />
P+P is an independent corporate and tax firm with 75 lawyers and tax advisers focusing<br />
solely on mergers and acquisitions, tax, private equity/venture capital, funds, asset<br />
management and real estate. The firm has 20 partners, including Reinhard Pöllath,<br />
Dieter Birk, Matthias Bruse, Andreas Rodin, Andrea von Drygalski, Matthias Durst,<br />
Carsten Führling, Otto Haberstock, Andres Schollmeier, Michael Best, Philipp von<br />
Braunschweig, Ralph Wagner, Andreas Wilhelm, Wolfgang Tischbirek, Uwe Bärenz,<br />
Stefan Lebek, Michael Inhester, Benedikt Hohaus and Julian Lemor. P+P has offices in<br />
Berlin, Frankfurt and Munich and is fully independent and not affiliated with any other<br />
firm or group.<br />
99
Germany<br />
Alexander Voegele<br />
NERA Economic Consulting GmbH<br />
Konrad Adenauer Str 17<br />
D-60313 Frankfurt<br />
Germany<br />
Tel: (49) 69 710 447 501; (49) 172 6767506<br />
Fax: (49) 69 710 447 505<br />
Email: alexander.voegele@nera.com<br />
Website: www.nera.com<br />
Dr Alexander Voegele is chairman of the advisory board of Nera Economic Consulting<br />
GmbH, senior partner at Voegele Partner GmbH, and head of the advisory board of<br />
ArAn<strong>Tax</strong> GmbH. During more than 25 years’ experience in advising international<br />
corporations and leading law firms on transfer pricing issues, Alexander Voegele has<br />
specialized in the development of innovative economic structures for transfer pricing<br />
strategies and for the defence of major international transfer pricing cases.<br />
He has been a partner with Price Waterhouse and KPMG, in charge of their German<br />
transfer pricing practice. He has led hundreds of large transfer pricing projects and<br />
transfer pricing defence cases for a variety of clients in a wide range of industries,<br />
including pharmaceutical, chemical, ICE, logistics, telecommunications, automotive, oil,<br />
gas, machinery, banking, insurance and service enterprises. His clients include many of<br />
the largest German and international companies.<br />
Dr Voegele regularly publishes articles and books on transfer pricing and international tax<br />
planning, and is the author and editor of the leading German commentary on transfer<br />
pricing and economic consulting (Handbook of Transfer Pricing). He is a regular speaker at<br />
more than 250 conferences and seminars on transfer pricing and international taxation in<br />
Germany, Europe, the US and Asia.<br />
He has received numerous awards as a transfer pricing adviser and has frequently been<br />
ranked as a leading tax and transfer pricing professional. The International <strong>Tax</strong> Review and<br />
Euromoney have recognized him repeatedly as one of the “World’s Leading <strong>Tax</strong> <strong>Advisers</strong>”<br />
as well as one of the “World’s Leading Transfer Pricing <strong>Advisers</strong>”, and one of the “Best of<br />
the best transfer pricing advisers in the world”.<br />
He holds a doctorate in economics and a master’s degree in tax and business administration<br />
(both University of Mannheim). He is a certified German auditor and tax adviser<br />
and French commissaire aux comptes.<br />
Dr Voegele and his Nera colleagues provide economic transfer pricing strategy, pricing of<br />
IP and planning to clients for post mergers and acquisitions, dealing with organizational<br />
structuring and incentive management issues, as well as to those in need of market pricing<br />
evaluations. Having advised and negotiated numerous bilateral and multilateral<br />
agreements involving Germany, the UK, France, the US, Japan, Canada, Mexico and<br />
Australia, they have particular expertise structuring European arbitration and advance<br />
pricing agreements (APAs) and specialize in worldwide documentation and the valuation<br />
of business and intellectual property.<br />
100 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Germany<br />
Hubertus Baumhoff (see bio)<br />
Flick Gocke Schaumburg, Bonn<br />
Stefanie Beinert<br />
Gleiss Lutz, Stuttgart<br />
Manfred Benkert<br />
Clifford Chance, Frankfurt<br />
Hanno Berger (see bio)<br />
Dewey Ballantine, Frankfurt<br />
Michael Best (see bio)<br />
P+P Pöllath + Partners, Munich (see advert on inside back)<br />
Jens Blumenberg<br />
Linklaters, Munich<br />
Axel Bödefeld<br />
Linklaters, Cologne<br />
Eugen Bogenschuetz<br />
Allen & Overy, Frankfurt<br />
Gottfried E Breuninger<br />
Shearman & Sterling, Munich<br />
Christian Brodersen<br />
Baker & McKenzie, Frankfurt<br />
Matthias Bruse (see bio)<br />
P+P Pöllath + Partners, Munich (see advert on inside back)<br />
Manfred Burkert<br />
Ernst & Young, Hamburg<br />
Oliver Dörfler<br />
KPMG, Frankfurt<br />
Stephan Eilers<br />
Freshfields Bruckhaus Deringer, Cologne<br />
Dieter Endres (see bio)<br />
PricewaterhouseCoopers, Frankfurt<br />
Richard L Engl<br />
RLE Gmbh, Munich<br />
Rolf Füger<br />
Milbank Tweed Hadley & McCloy, Munich<br />
Manfred Günkel (see bio)<br />
<strong>Deloitte</strong>, Düsseldorf (see advert on inside front)<br />
Wilhelm Haarmann (see bio)<br />
Haarmann, Frankfurt<br />
Jürgen Hartmann<br />
Jürgen Hartmann, Düsseldorf<br />
101
Germany<br />
Holger Häuselmann<br />
Freshfields Bruckhaus Deringer, Frankfurt<br />
Friedrich Hey<br />
Debevoise & Plimpton, Frankfurt<br />
Jurgen Hoffmann<br />
Meilicke Hoffmann & Partner, Bonn<br />
Friedhelm Jacob<br />
Hengeler Mueller, Frankfurt<br />
Martin Klein<br />
Hengeler Mueller, Frankfurt<br />
Ernst-Thomas Kraft<br />
Hengeler Mueller, Frankfurt<br />
Heinz-Klaus Kroppen (see bio)<br />
<strong>Deloitte</strong>, Düsseldorf (see advert on inside front)<br />
Jochen Lüdicke<br />
Freshfields Bruckhaus Deringer, Düsseldorf<br />
Jürgen Lüdicke (see bio)<br />
PricewaterhouseCoopers, Hamburg<br />
Asmus Mihm<br />
Allen & Overy, Frankfurt<br />
Wolfgang Oho<br />
Ernst & Young, Frankfurt<br />
Detlev J Piltz<br />
Flick Gocke Schaumburg, Bonn<br />
Reinhard Pöllath (see bio)<br />
P+P Pöllath + Partners, Munich (see advert on inside back)<br />
Ulrich Prinz<br />
Flick Gocke Schaumburg, Bonn<br />
Norbert Rieger<br />
Milbank Tweed Hadley & McCloy, Munich<br />
Thomas Rödder<br />
Flick Gocke Schaumburg, Bonn<br />
Andreas Rodin (see bio)<br />
P+P Pöllath + Partners, Berlin (see advert on inside back)<br />
Michael Schaden<br />
Ernst & Young, Stuttgart<br />
Harald Schaumburg<br />
Flick Gocke Schaumburg, Bonn<br />
Claus Schild<br />
RSM Hemmelrath, Munich<br />
102 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Germany<br />
Hubert Schmid<br />
Clifford Chance, Frankfurt<br />
Stephan Schnorberger<br />
Baker & McKenzie, Düsseldorf<br />
Florian Schultz<br />
Linklaters, Frankfurt<br />
Klaus Sieker<br />
Flick Gocke Schaumburg, Frankfurt<br />
Michael Streck<br />
Streck Mack Schwedhelm, Cologne<br />
Otmar Thömmes (see bio)<br />
<strong>Deloitte</strong>, Munich (see advert on inside front)<br />
Wolfgang Tischbirek (see bio)<br />
P+P Pöllath + Partners, Frankfurt (see advert on inside back)<br />
Thomas Töben (see bio)<br />
P+P Pöllath + Partners, Berlin (see advert on inside back)<br />
Alexander Voegele (see bio)<br />
NERA Economic Consulting, Frankfurt<br />
Götz T Wiese<br />
Latham & Watkins, Hamburg<br />
103
Hong Kong SAR<br />
Kaiser Kwan<br />
<strong>Deloitte</strong><br />
28/F, Wing On Centre<br />
111 Connaught Road<br />
Central<br />
Hong Kong<br />
Tel: (852) 2852 5686<br />
Fax: (852) 2851 8005<br />
Email: kaikwan@deloitte.com.hk<br />
Website: www.deloitte.com.hk<br />
Kaiser Kwan is a partner of <strong>Deloitte</strong> Hong Kong. He began his career with the Hong<br />
Kong Inland Revenue Department and worked for another big-four firm for a number<br />
of years before joining <strong>Deloitte</strong> in 1992. He has been a partner since 1997.<br />
Kaiser has extensive experience in providing tax-consulting advice for companies<br />
operating in Hong Kong and China as well as corporate restructuring for listing on<br />
the Mainboard or the Growth Enterprise Market (GEM). He also has knowledge of<br />
international taxes and has done a number of worldwide tax review projects for<br />
prestigious clients. Kaiser is the partner-in-charge of the national field audit and tax<br />
investigation team leading the firm’s development in this area.<br />
Kaiser is a frequent speaker at seminars organized by professional bodies including the<br />
Hong Kong Institute of Certified Public Accountants, CPA Australia and the Society<br />
of Chinese Accountants and Auditors. He is frequently interviewed by the financial<br />
press in Hong Kong on topics including Hong Kong and Chinese taxation, field audit<br />
and tax investigation matters. Kaiser regularly contributes articles on Hong Kong<br />
taxation issues, and has written a regular tax column in the Hong Kong Economic Times<br />
for the last nine months.<br />
Kaiser is a fellow of the Hong Kong Institute of Certified Public Accountants and the<br />
Association of Chartered Certified Accountants. International <strong>Tax</strong> Review named him<br />
as one of the top tax advisors in Hong Kong and the mainland in 2002 and 2003. In<br />
2004, ITR named him as a leading individual in Hong Kong in cross-border<br />
structuring in World <strong>Tax</strong> 2005.<br />
104 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Hong Kong SAR<br />
Yvonne Law Shing Mo-han<br />
<strong>Deloitte</strong><br />
28/F, Wing On Centre<br />
111 Connaught Road<br />
Central<br />
Hong Kong<br />
Tel: (852) 2852 1667<br />
Fax: (852) 2541 8019<br />
Email: yvolaw@deloitte.com.hk<br />
Website: www.deloitte.com.hk<br />
Yvonne has been a partner with the Hong Kong firm since 1990. She holds the<br />
position of national chief knowledge officer, responsible for building a knowledgesharing<br />
culture and assisting in strengthening an integrated national tax practice across<br />
the firm’s China national practice.<br />
Yvonne provides tax-consulting services to major corporations with international<br />
investments operating in various businesses in Hong Kong. She specializes in Hong<br />
Kong, PRC and international tax, including tax planning for group reorganization and<br />
corporate restructuring, pre-flotation tax planning and tax controversy services.<br />
Yvonne is a part-time member of the HKSAR government’s think tank, the central policy<br />
unit, since 2002. She is also a member of the selection committee for HKSAR delegates<br />
to the 10th People’s Congress of PRC, the election committee of the HKSAR<br />
representing the accounting profession for selecting the HKSAR chief executive and the<br />
legislative council member (accounting functional constituency). Other memberships<br />
include: council member of the <strong>Tax</strong>ation Institute of Hong Kong; deputy chairman of the<br />
Hong Kong Institute of Certified Public Accountants <strong>Tax</strong>ation Committee and member<br />
of Admin & Finance Committee; member of the Hong Kong General Chamber of<br />
Commerce China Committee.<br />
She has been named as one of the top tax advisors in Hong Kong and mainland China<br />
in the International <strong>Tax</strong> Review for the past three years (2001, 2002, 2003) and in 2004,<br />
ITR named her as a leading individual in Hong Kong in cross-border structuring in<br />
World <strong>Tax</strong> 2005.<br />
Yvonne most recently authored the article “Hong Kong: Interest Expense Deduction<br />
Rules” for the <strong>Tax</strong> Planning International Review (August 2004).<br />
Yvonne is a certified public accountant; Fellow Member of the Hong Kong Institute<br />
of Certified Public Accountants, the Association of Chartered Certified Accountants,<br />
the <strong>Tax</strong>ation Institute of Hong Kong, and the Institute of Chartered Secretaries and<br />
Administrators; and a member of the Society of Chinese Accountants and Auditors.<br />
105
Hong Kong SAR<br />
Vaughn Barber<br />
KPMG, Hong Kong<br />
Agnes Chan<br />
Ernst & Young, Hong Kong<br />
Nick Dignan<br />
PricewaterhouseCoopers, Hong Kong<br />
Guy Ellis<br />
PricewaterhouseCoopers, Hong Kong<br />
Tracy Ho<br />
Ernst & Young, Hong Kong<br />
Kaiser Kwan (see bio)<br />
<strong>Deloitte</strong>, Hong Kong (see advert on inside front)<br />
Becky Lai<br />
PricewaterhouseCoopers, Hong Kong<br />
Yvonne Law Shing Mo-han (see bio)<br />
<strong>Deloitte</strong>, Hong Kong (see advert on inside front)<br />
Ayesha MacPherson<br />
KPMG, Hong Kong<br />
Michael A Olesnicky<br />
Baker & McKenzie, Hong Kong<br />
Kwok Kay So<br />
PricewaterhouseCoopers, Hong Kong<br />
Marcellus Wong<br />
PricewaterhouseCoopers, Hong Kong/Shanghai<br />
106 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Reprints<br />
Reprints of biographies<br />
and articles provide a costeffective<br />
marketing and sales tool that<br />
can substantially increase your firm’s prospects<br />
in a competitive market environment. These<br />
can be tailored to individual firm specifications.<br />
For reprints please contact:<br />
Tatiana Hlivka<br />
Tel: +44 (0) 20 7779 8418<br />
Fax: +44 (0) 20 7779 8678<br />
Email: thlivka@euromoneyplc.com
Hungary<br />
Péter Oszkó<br />
<strong>Deloitte</strong><br />
Dózsa György út 84/C<br />
1068 Budapest<br />
Hungary<br />
Tel: (36) 1 428 6768<br />
Fax: (36) 1 428 6801<br />
Email: poszko@deloittece.com<br />
Website: www.deloitte.hu<br />
Péter Oszkó is a tax partner based in Budapest and has been with <strong>Deloitte</strong> since January<br />
2004. He has been the managing partner of <strong>Deloitte</strong>’s Hungarian tax practice since<br />
January 2005.<br />
Péter specializes in international taxation, mergers and acquisitions consultancy, VAT<br />
and transfer pricing. He is the leading tax adviser for multinational investors from the<br />
manufacturing, energy, telecom and real estate sectors, as well as for financial<br />
institutions. He has publications in the field of the taxation of company acquisitions and<br />
transformations, international taxation, financial transactions, taxation of venture capital<br />
investments, and leasing and real estate transactions. He is the author of the publication<br />
Practice <strong>Tax</strong> Guide and Comments on <strong>Tax</strong> Issues (Verlag Dashöffer).<br />
Péter Oszkó studied law at the Eötvös Loránd University in Budapest. He is a tax<br />
attorney as well as a certified tax adviser with extensive experience in tax litigation before<br />
local courts as well as before the European Court of Justice.<br />
Mr Oszkó speaks fluent English, French and Hungarian. He is a lecturer at the faculty<br />
of law at the Eötvös Loránd University in Hungary.<br />
108 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Hungary<br />
Gabriella Erdos<br />
PricewaterhouseCoopers, Budapest<br />
Paul Grocott<br />
PricewaterhouseCoopers, Budapest<br />
Robert Heinczinger<br />
Ernst & Young, Budapest<br />
Pál Jalsovszky<br />
Jalsovszky Law Firm, Budapest<br />
Péter Oszkó (see bio)<br />
<strong>Deloitte</strong>, Budapest (see advert on inside front)<br />
109
India<br />
Mukesh Butani<br />
BMR & Associates<br />
The Great Eastern Centre<br />
1st Floor, 70, Nehru Place<br />
New Delhi 110019<br />
India<br />
Tel: (91) 11 3081 5010<br />
Email: mukesh.butani@bmrtax.com<br />
Website: www.bmrtax.com<br />
Mukesh Butani is co-founder of BMR & Associates and leads the tax practice of the<br />
firm. He specializes in international tax and transfer-pricing matters. Mr Butani was<br />
tax practice leader and international tax partner of Ernst & Young India until August<br />
2004. Prior to joining Ernst & Young, Mr Butani led Andersen’s international tax,<br />
oil and gas and transfer pricing teams.<br />
Mr Butani has over 23 years’ experience in advising several fortune 500 multinationals on<br />
a range of cross-border tax structuring, transfer pricing, mergers and acquisitions and<br />
investment structuring matters. He is an acknowledged expert in the area of transfer<br />
pricing and has authored a treatise on Indian transfer pricing for LexisNexis Butterworths<br />
and CCH’s Indian Transfer Pricing Guide. For the past 12 years, he has been advising<br />
clients in the energy and technology industry and the Japanese business community.<br />
Mr Butani interacts regularly with India’s Inland Revenue, CBDT, to monitor tax<br />
legislative changes, trends on emerging tax regulations and tax policy/administration<br />
matters. He has been actively involved with several USA and Japan MAP proceedings.<br />
He is a member of OECD’s business restructuring advisory group and ICC, Paris<br />
<strong>Tax</strong>ation Commission.<br />
He is a regular speaker in significant national and international tax conferences, a<br />
columnist with India’s leading business journals and a contributor to leading<br />
international tax journals including International <strong>Tax</strong> Review (ITR), the Asia-Pacific<br />
guide of IBFD on a wide range of cross-border tax and transfer-pricing matters. For<br />
the past four consecutive years, he has been consistently rated by ITR as among the<br />
leading individual tax advisers in India. The World <strong>Tax</strong> 2006 and 2007 guide to<br />
leading tax firms has rated him as a leading tax adviser in the category of mergers<br />
and acquisitions and cross-border structuring.<br />
Mr Butani has a bachelor’s degree in commerce (majoring in advanced accounting)<br />
from the University of Bombay, and qualified as a chartered accountant in 1985. He<br />
joined Arthur Andersen in 1986 and was made a partner in 1995. He plays an active<br />
role in the Indian affairs of the International Fiscal Association and has served as its<br />
secretary general. He chaired the Tariff on <strong>Tax</strong> Committee of the American<br />
Chamber of Commerce for a period of three years (2000 to 2003) and was cochairman<br />
of the tax committee of one of India’s leading chambers of commerce,<br />
FICCI, until 2005. Mukesh was a member of the Government of India’s Empowered<br />
Committee on E-Commerce <strong>Tax</strong>ation.<br />
Mr Butani is featured in Legal Media Group’s Guide to the World’s Leading <strong>Tax</strong> and<br />
Transfer Pricing <strong>Advisers</strong>, and in June 2004, India’s leading business magazine,<br />
Business Today nominated Mukesh among the 25 top managers in the country in the<br />
under-40 age category.<br />
In 2002, ITR rated Andersen as the best tax advisory firm for cross-border work. As<br />
leader of Ernst & Young’s tax practice, Mukesh was instrumental in integrating the<br />
tax practices of Andersen & EY. In 2003 and 2004, ITR rated Ernst & Young as the<br />
best tax advisory firm. Recently in its inaugural Asia <strong>Tax</strong> awards 2006, ITR<br />
recognized BMR as the best firm in India and Asia for addressing tax controversies.<br />
110 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
BMR is a premier professional services firm focused on providing<br />
high quality services to its clients in the tax, M&A, cross border<br />
structuring and regulatory areas, and adding value by blending<br />
practical business advice with tax and industry knowledge<br />
Corporate Indirect International M&A Transfer Pricing<br />
The <strong>Tax</strong> Controversy firm in Asia – ITR Asia Awards 2006<br />
The <strong>Tax</strong> Controversy firm in India – ITR Asia Awards 2006<br />
Best <strong>Tax</strong> brand in International <strong>Tax</strong>, Energy & Utilities and <strong>Tax</strong><br />
compliance & reporting – ITR Asia & Global tax surveys<br />
Partners & Executive Directors<br />
Abhishek Goenka Mukesh Butani<br />
Ajay Mehra Rajeshree Sabnavis<br />
Bobby Parikh Rajeev Dimri<br />
Divya Baweja Rohit Berry<br />
Frank D’Souza Sujit Ghosh<br />
Gokul Chaudhri Vivek Gupta<br />
Our partners have been consistently rated amongst the leading tax advisers<br />
New Delhi<br />
The Great Eastern Centre<br />
1st Floor, 70 Nehru Place<br />
New Delhi<br />
110019<br />
Tel: +91 11 3081 5000<br />
BMR is a member firm of <strong>Tax</strong>and<br />
www.taxand.com<br />
Mumbai<br />
3F, Contractor Building<br />
41, R.Kamani Marg<br />
Ballard Estate, Mumbai<br />
400001<br />
Tel: +91 22 3021 7000<br />
www.bmrtax.com<br />
Bangalore<br />
202, Sobha Alexander Plaza<br />
16/1, Commissariat Road,<br />
Bangalore<br />
560001<br />
Tel: +91 80 4032 0000
India<br />
S Madhavan<br />
PricewaterhouseCoopers Pvt Ltd<br />
Sucheta Bhawan, 1st Floor,<br />
11-A, Vishnu Digamber Marg<br />
New Delhi 110002<br />
India<br />
Tel: (91) 11 41150505/41150000<br />
Fax: (91) 11 23210594/96<br />
Email: s.madhavan@in.pwc.com<br />
Website: www.pwc.com<br />
Madhavan is an executive director in PricewaterhouseCoopers and heads the indirect tax<br />
practice in India. He is a fellow member of the Institute of Chartered Accountants of<br />
India and a management graduate from the prestigious Indian Institute of Management,<br />
Ahmedabad.<br />
Madhavan has a total experience of 24 years that includes six years’ industry experience<br />
in Hindustan Lever Limited, India’s largest multinational and subsidiary of Unilever Plc,<br />
UK. He has comprehensive experience in the application of indirect tax laws in industry.<br />
He has had practice experience of over 18 years serving a broad range of international<br />
and Indian clients on all aspects of indirect taxes ranging from customs duties to excise<br />
law to service taxes and sales taxes. He has also been significantly involved in the recent<br />
introduction of VAT in India. He has advised state governments on the implementation<br />
of VAT and has also carried out numerous VAT impact assessment studies for clients.<br />
Madhavan is a member of the indirect tax committees of several national chambers of<br />
commerce and is an active participant in policy deliberations and discussions in relation<br />
to all indirect tax matters. Madhavan interacts regularly with India’s apex Indirect <strong>Tax</strong><br />
Board (CBEC) for monitoring the impact of legislative changes and to advise as well as<br />
represent on indirect tax policy. Madhavan also advises industry associations on taxation<br />
matters and actively works with them in engaging with the authorities in relation to the<br />
annual budget-making exercise. Madhavan is a member of the International Fiscal<br />
Association and of the Indirect <strong>Tax</strong> Appellate Tribunal Bar Association and the Delhi<br />
Management Association.<br />
Madhavan has made numerous presentations on indirect tax matters at various Indian<br />
and international seminars, particularly on VAT and service taxes, and is a regular<br />
contributor of articles in the national press. He is also a frequent panelist/participant on<br />
indirect tax issues on national TV.<br />
The International <strong>Tax</strong> Review has consistently rated Madhavan as among the leading<br />
indirect tax practitioners in India.<br />
112 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
India<br />
Srinivasa Rao<br />
Ernst & Young<br />
Divyasree Chambers<br />
A Wing, Third Floor, Langford Town<br />
Bangalore 560 025<br />
India<br />
Tel: (91) 80 2223 0813<br />
Fax: (91) 80 4114 6677<br />
Email: srinivasa.rao@in.ey.com<br />
Website: www.ey.com<br />
Srinivasa Rao (Srini) is a tax partner with Ernst & Young India and is based in Bangalore.<br />
He is the national leader of Ernst & Young’s international tax services practice in India.<br />
Srini has over 15 years of experience and has worked with some of the world’s leading<br />
multinational companies in India. He has worked across direct tax specializations –<br />
corporate tax, expatriate tax and international tax – foreign investment policy and<br />
exchange control regulations, and now specializes in cross-border structuring and<br />
transfer-pricing/supply-chain planning, focused on the technology industry.<br />
Srini also has considerable experience in the India outbound sector. Over the last few<br />
years, he has worked with India’s leading companies, principally in the technology<br />
industry, structuring their investments and acquisitions overseas, and designing taxefficient<br />
cross-border profit repatriation and transfer-pricing strategies for their<br />
operations.<br />
Srini is a charter member of The Indus Entrepreneurs (TiE), Bangalore, and is a<br />
regular speaker at Indian and international conferences on international tax issues and<br />
on doing business in India. He is also a regular contributor to technical journals on<br />
Indian and international tax issues.<br />
Srini has a bachelor’s degree in commerce, and is a chartered accountant.<br />
113
India<br />
Pranav N Sayta<br />
Ernst & Young<br />
Express Towers, 18th Floor<br />
Nariman Point<br />
Mumbai 400 021<br />
India<br />
Tel: (91) 22 6665 5480<br />
Fax: (91) 22 2282 0000<br />
Email: pranav.sayta@in.ey.com<br />
Website: www.ey.com<br />
Pranav Sayta is a partner with Ernst & Young India, and is based in Mumbai where he<br />
leads the transaction tax practice and the media and entertainment industry tax practice.<br />
Previously, he was national head of the tax litigation and controversy practice in Ernst &<br />
Young India, and has also been a part of the knowledge and solutions team.<br />
Pranav is a gold-medallist chartered accountant attaining the first rank at an all-India<br />
level. He was also awarded the prize for the best paper on direct tax laws by the Institute<br />
of Chartered Accountants of India.<br />
Pranav has more than 20 years of experience in direct tax law. He has a wide range of<br />
experience in advising various large multinationals and leading Indian corporates,<br />
including many Fortune 500 companies on international and corporate tax matters.<br />
He specializes in advising on complex inbound and outbound transactions and<br />
investments, cross-border and domestic mergers and acquisitions, group financial and<br />
corporate restructuring and international tax planning.<br />
Pranav is also well known as an active academic, having been a part-time lecturer for<br />
the final CA paper on direct tax laws for almost 15 years. He is a regular contributor<br />
of articles and features on diverse tax and regulatory issues in leading publications and<br />
professional journals. He co-authored the Transfer Pricing Manual published by the<br />
Bombay Chartered Accountants’ Society and is also on the editorial board of the<br />
International Fiscal Association’s (IFA) India newsletter.<br />
Pranav has addressed and presented papers at a range of seminars and conferences<br />
organised by various professional bodies including the IFA, the Confederation of<br />
Indian Industry, the Indian Merchants’ Chamber (IMC), the Institute of Chartered<br />
Accountants of India, Bombay Chartered Accountants’ Society and the Chamber of<br />
Income <strong>Tax</strong> Consultants.<br />
He is presently a member of the executive committee of the IFA India branch and a<br />
member of the managing committee of the western region chapter of IFA India. He is<br />
also a member of the direct taxation committee of the IMC and a member of the<br />
international taxation committee of the Bombay Chartered Accountants’ Society.<br />
114 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
India<br />
Gaurav Taneja<br />
Ernst & Young<br />
The Capital Court<br />
LSC Phase III, Olof Palme Marg<br />
New Delhi 110 067<br />
India<br />
Tel: (91) 11 2610 9003<br />
Fax: (91) 11 4169 0000<br />
Email: gaurav.taneja@in.ey.com<br />
Website: www.ey.com<br />
Gaurav Taneja is the national director of Ernst & Young’s tax practice in India and is based<br />
in New Delhi. With over 18 years of experience in tax and regulatory consulting, Gaurav<br />
has extensive experience in advising Indian and multinational companies on tax and<br />
investment structuring, double tax treaties, mergers and acquisitions and establishment of<br />
a business in India. He also has extensive knowledge and expertise in the technology,<br />
communication and media industry.<br />
Gaurav’s prior experience includes working as a partner with another Big 4 accounting<br />
firm and as CFO of Bacardi Martini India. He is a Commerce Graduate from Delhi<br />
University and also participated in Bacardi Class 2000, an executive MBA program at the<br />
Darden Business School, University of Virginia.<br />
Gaurav is a fellow of the Institute of Chartered Accountants of India and is also cochairman<br />
on the <strong>Tax</strong>ation Committee of the Federation of Indian Chambers of<br />
Commerce and Industry (FICCI). He is also currently chairman of the <strong>Tax</strong> and Tariff<br />
Committee of the American Chamber of Commerce (AMCHAM).<br />
Gaurav is a regular speaker at ICAI (Indian Chartered Accountants of India), IFA<br />
(International Fiscal Association), FICCI and other international seminars on tax, foreign<br />
investment and regulatory issues both in India and overseas. He is a regular contributor<br />
to technical journals on tax issues and to the print and electronic media in India.<br />
115
India<br />
Mukesh H Butani (see bio)<br />
BMR & Associates, New Delhi (see advert on page 111)<br />
Ketan Dalal<br />
RSM & Co, Mumbai<br />
Sohrab Dastur<br />
Independent counsel, Mumbai<br />
Nishith M Desai<br />
Nishith Desai Associates, Mumbai<br />
Shefali Goradia<br />
Nishith Desai Associates, Mumbai<br />
Dinesh Kanabar<br />
RSM & Co, Mumbai<br />
Sudhir Kapadia<br />
BSR & Co, Mumbai<br />
V Lakshmi Kumaran<br />
Lakshmikumaran & Sridharan, New Delhi<br />
S Madhavan (see bio)<br />
PricewaterhouseCoopers, New Delhi<br />
S S Palwe<br />
<strong>Deloitte</strong>, Mumbai (see advert on inside front)<br />
Srinivasa Rao (see bio)<br />
Ernst & Young, Bangalore<br />
Pranav Sayta (see bio)<br />
Ernst & Young, Mumbai<br />
Gaurav Taneja (see bio)<br />
Ernst & Young, New Delhi<br />
O P Vaish<br />
Vaish Associates, New Delhi<br />
116 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Ireland<br />
US tax amendments bring<br />
aircraft lessors to Ireland<br />
Pat O’Brien<br />
KPMG<br />
Dublin<br />
With few exceptions, aircraft lessors have been based either in<br />
the United States (GECAS, ILFC, CIT, ACG, Pegasus) or in<br />
Ireland (AerCap, RBS, Pembroke, Orix, Aergo, Babcock &<br />
Brown). The reasons for locating in Ireland are clear: a corporate<br />
tax rate of 12.5%, eight-year tax depreciation, access to<br />
44 double tax treaties, stamp duty exemptions and favourable<br />
VAT treatment. The more intriguing question is why lessors<br />
would choose to locate aircraft ownership in the United States<br />
where the book tax rate is of the order of 35% to 40%.<br />
The answer is to be found in the Subpart F provisions of the<br />
US tax code. Before 2005 the net effect of these provisions was<br />
that the US parent of an Irish aircraft leasing company would<br />
have had to treat the profits of its Irish subsidiary as taxable in<br />
the United States, regardless of the level of activity carried on<br />
in Ireland. This meant that a low-tax Irish aircraft leasing<br />
operation conferred no tax benefit on a US parent company. The result was that aircraft<br />
leasing was taxed less favourably in the United States than almost any other asset type. For<br />
other assets, depending on the degree of activity in the controlled foreign company, it was<br />
possible to avoid pick-up under Subpart F.<br />
This all changed on January 1 2005, when changes to US tax law introduced by the<br />
2004 Jobs Creation Act came into effect. An Irish leasing platform with the required<br />
degree of substance will now provide substantial tax benefits to its US owner. It may<br />
even be possible to take part of the existing aircraft lease portfolio of the US parent out<br />
of the United States and into Ireland without crystallizing US taxable income. The<br />
really good news for tax directors, in an era when cross-border tax planning is<br />
somewhat frowned upon in the United States, is that the steps I have just described have<br />
– as near as one could ever hope to get – a stamp of approval from the US authorities.<br />
Subpart F amended<br />
The context for the introduction of the new provisions in the United States was the repeal<br />
of the FSC and ETI regimes that had provided significant financial benefits to owners<br />
(including lessors) and users of US-manufactured aircraft. These benefits led to the usual<br />
tensions between Europe and the United States and to a number of determinations<br />
unfavourable to the United States at the WTO. The elimination of the FSC and ETI<br />
regimes, combined with the long-standing unfavourable treatment of aircraft leasing<br />
under the Subpart F regime, was felt to put US-owned aircraft lessors at a significant<br />
commercial disadvantage. The relevant amendments to Subpart F are intended to deal<br />
with this and this extract from the House Committee Report is telling:<br />
The Committee anticipates that taxpayers now eligible for the benefits of the (ETI or<br />
FSC regimes) will find it appropriate, as a matter of sound business judgment, to structure<br />
their business operations to take into account the tax law changes brought about by the<br />
bill. The Committee notes that courts have recognised the validity of structuring<br />
operations for the purpose of obtaining the benefit of tax regimes expressly intended by<br />
Congress. The Committee intends that structuring or restructuring of operations for the<br />
purposes of adapting to the repeal of the (ETI of FSC regimes) will be considered to serve<br />
a valid business purpose and will not constitute tax avoidance... For example, the<br />
Committee intend that a restructuring undertaken to transfer aircraft subject to existing<br />
FSC or ETI leases to a CFC lessor, to take advantage of the amendments made by this<br />
bill, would serve as a valid business purpose and would not constitute tax avoidance for<br />
purposes of determining whether a particular tax treatment (such as non-recognition of<br />
gain) applies to such restructuring.<br />
Given the almost uniquely unfavourable treatment accorded previously to aircraft leasing<br />
under the Subpart F provisions, this is a most welcome development and has already had<br />
the anticipated effect. The aircraft leasing community in Ireland now includes a number<br />
of US-owned platforms.<br />
117
Ireland<br />
Aidan Fagan<br />
<strong>Deloitte</strong><br />
<strong>Deloitte</strong> & Touche House<br />
Earlsfort Terrace<br />
Dublin 2<br />
Ireland<br />
Tel: (353) 1 417 2467<br />
Fax: (353) 1 417 2300<br />
Email: afagan@deloitte.ie<br />
Website: www.deloitte.com<br />
Aidan Fagan is a tax partner in the Dublin office of <strong>Deloitte</strong>. He has over twenty five<br />
years’ experience in VAT, having worked for the Irish Revenue Commissioners as a<br />
VAT inspector until 1992, when he joined <strong>Deloitte</strong>. He was made a partner in 2001<br />
and now heads up the <strong>Deloitte</strong> Ireland indirect tax practice. Aidan is also a member of<br />
the <strong>Deloitte</strong> international indirect practice leader’s forum.<br />
Aidan’s focus is on reducing the indirect tax cost of doing business. He has designed<br />
and assisted in the implementation of cost-saving strategies across a wide range of<br />
business sectors including both the maximization of VAT recovery and availing of<br />
lower VAT rates. He has extensive experience in advising on cross-border transactions,<br />
including assisting on the migration of businesses to Ireland.<br />
For many years, he has lobbied government for beneficial changes in VAT law and<br />
practice for various industry sectors. He is also a member of the Irish <strong>Tax</strong>ation<br />
Institute’s VAT Committee.<br />
118 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Ireland<br />
Pat O’Brien<br />
KPMG<br />
1 Harbourmaster Place<br />
IFSC, Dublin 1<br />
Ireland<br />
Tel: (353) 1 4101212 (Dublin); (1) 212 872 7792 (New York)<br />
Email: pat.obrien@kpmg.ie<br />
Website: www.kpmg.ie<br />
Pat O’Brien became a partner of KPMG in Ireland in 1987 and advises international<br />
leasing, banking and corporate treasury clients with a particular emphasis on aircraft<br />
leasing and financing. Pat has represented the Irish practice on the KPMG Leasing<br />
<strong>Tax</strong> Network and he is the co-author, with Charles Haccius, of a major work on<br />
Ireland’s double taxation agreements. He spends 50% of his time in the New York<br />
offices of KPMG where he leads the firm’s Irish <strong>Tax</strong> Centre.<br />
119
Ireland<br />
Israel<br />
Fintan Clancy<br />
Arthur Cox, Dublin<br />
Caroline Devlin<br />
Arthur Cox, Dublin<br />
Aidan Fagan (see bio)<br />
<strong>Deloitte</strong>, Dublin (see advert on inside front)<br />
Michael Farrell<br />
KPMG, Dublin<br />
Michael Gaffney<br />
KPMG, Dublin<br />
Turlough Galvin<br />
Matheson Ormsby Prentice, Dublin<br />
John Hickson<br />
A&L Goodbody, Dublin<br />
Conor Hurley<br />
Arthur Cox, Dublin<br />
Peter Maher<br />
A&L Goodbody, Dublin<br />
Pat O’Brien (see bio)<br />
KPMG, Dublin<br />
Michael O’Connor<br />
William Fry, Dublin<br />
Martin Phelan<br />
William Fry, Dublin<br />
Liam Quirke<br />
Matheson Ormsby Prentice, Dublin<br />
Jim Somers<br />
Ernst & Young, Dublin<br />
Anthony Walsh<br />
Matheson Ormsby Prentice, Dublin<br />
Avraham Alter<br />
Avraham Alter & Co Law Offices, Tel Aviv<br />
Gideon Klugman<br />
D Potchebutzky Law Offices, Tel Aviv<br />
Meir Linzen<br />
Herzog Fox & Neeman, Tel Aviv<br />
Pinhas Rubin<br />
I Gornitzky & Co, Tel Aviv<br />
120 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Italy<br />
Luca Dezzani<br />
Dewey Ballantine<br />
Via Fratelli Gabba 4<br />
20121 Milan<br />
Italy<br />
Tel: (39) 02 3030 9330<br />
Fax: (39) 02 3030 9340<br />
Email: ldezzani@deweyballantine.com<br />
Website: www.deweyballantine.com<br />
Luca Dezzani, partner, head of Dewey Ballantine’s Italian tax department, specializes in<br />
national and international tax law, developing novel tax-sensitive solutions and<br />
structuring global financial businesses.<br />
His practice covers mergers and acquisitions transactions, private equity, securitizations<br />
(ABS, ABCP, WBS and derivatives) capital markets (public tender offering, initial public<br />
offering and bonds), international and domestic group structuring, joint ventures,<br />
corporate reorganizations, accounting law and stock option plans (ESOP, EDOP,<br />
Synthetic e Phantom).<br />
He also assists major multinational corporations, investment banks and private equity<br />
funds in structuring their transactions in Italy, including financial products and<br />
structured finance transactions.<br />
He is the author of three books and more than 200 articles, comments and essays. His<br />
articles are often recommended by the Italian Ministry of Economy And Finance in the<br />
monthly bulletin. He is a regular speaker at conferences, seminars and masters courses<br />
in tax law.<br />
He graduated in economics from the University of Turin in 1995 and received his JD<br />
from the University of Parma in 2002. He is a member of the Milan Bar Association, and<br />
is also an Italian chartered accountant and a registered auditor.<br />
121
Italy<br />
Enrico Vitali<br />
Vitali Romagnoli Piccardi e Associati<br />
Via Crocefisso 12<br />
20122 Milan<br />
Italy<br />
Tel: (39) 02 58313707<br />
Fax: (39) 02 58313714<br />
Email: vitali@virtax.it<br />
Website: www.virtax.it<br />
Enrico Vitali has been a partner at Vitali Romagnoli Piccardi e Associati (formerly<br />
Studio Tremonti) since 1990. Previously he was Senior Auditor at <strong>Deloitte</strong> Askins &<br />
Sells (1985-1987) before beginning his career as an associate at Studio Tremonti in 1987.<br />
Mr Vitali’s experience includes: working as transaction partner on the privatization of<br />
Italian banks and companies; acting for bidders in take-over bids; acting on corporate<br />
finance transactions and derivative structuring for investment banking clients; acting on<br />
behalf of banking foundations on the sale of their banking businesses. He has been<br />
coordinating partner on various domestic and international real estate transactions, and<br />
has acted in various domestic and international acquisitions. Mr Vitali has worked as tax<br />
partner for the global coordinators or the issuers/selling shareholders in various public<br />
offerings and private placements and listings of shares in Italy; and as transaction tax<br />
partner on various privatizations.<br />
Mr Vitali is the co-author of Pianificazione fiscale e investimenti all’estero (1989, IPSOA).<br />
Between 1990 and 1995 he taught at the AIFI (Associazione Italiana Finanziaria di<br />
Investimento). Mr Vitali spent the summer of 1994 as a visiting partner at Coudert<br />
Brothers in New York. He is currently member of the board of auditors and of the board<br />
of directors of relevant Italian companies.<br />
Mr Vitali graduated from the University of Florence in 1985. He is certified as a Dottore<br />
Commercialista and Revisore Contabile. Mr Vitali speaks Italian, English and French.<br />
122 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Italy<br />
Pietro Adonnino<br />
CMS Adonnino Ascoli & Cavasola Scamoni, Rome<br />
Fabio Brunelli<br />
Di Tanno e Associati, Rome<br />
Michele Carpinelli<br />
Chiomenti Studio Legale, Milan<br />
Giuseppe Deiure<br />
Studio Tributario Deiure, Milan<br />
Luca Dezzani (see bio)<br />
Dewey Ballantine, Milan<br />
Tommaso Di Tanno<br />
Di Tanno e Associati, Rome<br />
Gabriele Escalar<br />
Studio Legale Tributario F Gallo e Associati, Rome<br />
Carlo Galli<br />
Maisto e Associati, Milan<br />
Bruno Gangemi<br />
Macchi di Cellere Gangemi, Rome<br />
Paolo Ludovici<br />
Maisto e Associati, Milan<br />
Guglielmo Maisto<br />
Maisto e Associati, Milan<br />
Giuseppe Marino<br />
Marino e Associati, Milan<br />
Renato Paternollo<br />
Freshfields Bruckhaus Deringer, Milan<br />
Lorenzo Piccardi<br />
Vitali Romagnoli Piccardi e Associati, Milan<br />
Dario Romagnoli<br />
Vitali Romagnoli Piccardi e Associati, Milan<br />
Victor Uckmar<br />
Studio Uckmar, Genoa<br />
Enrico Vitali (see bio)<br />
Vitali Romagnoli Piccardi e Associati, Milan<br />
123
Japan<br />
Setsuko Fukushima<br />
<strong>Deloitte</strong> Touche Tohmatsu<br />
Shin-Tokyo Building 5F<br />
3-3-1 Marunouchi<br />
Chiyoda-ku, Tokyo 100-8305<br />
Japan<br />
Tel: (81) 3 6213 3976<br />
Fax: (81) 3 4243 3522<br />
Email: setsuko.fukushima@tohmatsu.co.jp<br />
Website: www.tohmatsu.co.jp<br />
Setsuko Fukushima is one of the lead partners in <strong>Deloitte</strong> Touche Tohmatsu’s Tokyo<br />
transfer-pricing team.<br />
Her specialties include tax planning, audit defence, advance-pricing agreements and<br />
competent authority procedures for transfer-pricing audit cases. She served as an advisor<br />
for early US-Japan APA cases, representing a client before the Japanese tax authority,<br />
and extended her experience to include other regions, such as Asia (including China),<br />
Australia and Europe. She has served clients in a broad range of industries, including<br />
electronics, machinery, pharmaceuticals, trading services and financial institutions.<br />
In addition to her years of transfer-pricing experience, Ms Fukushima is recognized as a<br />
specialist in a variety of international tax fields. She has worked on several global<br />
restructuring and supply chain management projects for Japanese multinational<br />
companies associated with transfer-pricing planning, and has conducted research<br />
projects related to foreign taxation systems for the Japanese Ministry of Finance.<br />
Ms Fukushima has published several articles in BNA’s Transfer Pricing Report (US),<br />
Kokusai Zeimu (Japan), Zeimu Kouhou (Japan), and International <strong>Tax</strong> Review (UK), and has<br />
conducted presentations on transfer pricing and other areas of taxation to large<br />
organizations, including the Japan <strong>Tax</strong> Association, Japan Machinery Center for Trade<br />
& Investment and the International Pharma Licensing Symposium.<br />
Ms Fukushima has a master of science in taxation from the State University of New<br />
York at Albany and a BA in economics from International Christian University in<br />
Tokyo. She is also a US-certified public accountant and is fluent in English.<br />
124 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Japan<br />
Peter Meenan<br />
<strong>Deloitte</strong> Touche Tohmatsu<br />
Tohmatsu <strong>Tax</strong> Company<br />
Shin Tokyo Building 5F<br />
3-3-1, Marunouchi<br />
Chiyoda-ku, Tokyo 100-8305<br />
Japan<br />
Tel: (81) 3 6213 2472; (81) 80 3175 6680 (mobile)<br />
Fax: (81) 3 6213 3801<br />
Email: pmeenan@deloitte.com<br />
Website: www.deloitte.com/japan<br />
Dr Peter Meenan is the senior economist and an executive officer in <strong>Deloitte</strong> Touche<br />
Tohmatsu’s Japanese transfer-pricing team. He has been with <strong>Deloitte</strong>’s Japanese transferpricing<br />
team in Tokyo since 2004, where he works with a large team of economic and tax<br />
specialists who consult and advise clients on all facets of transfer pricing.<br />
Dr Meenan joined <strong>Deloitte</strong> Touche Tohmatsu in New York in 1993 and has been<br />
specializing in transfer-pricing consulting with <strong>Deloitte</strong> since then. He has extensive<br />
experience in global transfer pricing, having also worked in London and Düsseldorf for<br />
seven years in addition to his American and Asian assignments. Dr Meenan has wide<br />
experience with advance-pricing arrangements, transfer-pricing planning and<br />
implementation, documentation on a local regional and global basis, and transfer-pricing<br />
tax audit defences. Some of Dr Meenan’s recent projects include:<br />
• transfer-pricing tax audit defence in Japan, successfully defending a consumer products<br />
company in a brand intangibles challenge;<br />
• valuation of software and marketing intangibles for a leading software company and<br />
planning/implementation of its transfer-pricing system;<br />
• global planning and implementation of a residual profit split transfer-pricing model for<br />
a leading information services company;<br />
• residual profit split analysis and a successful bilateral APA agreement for a major<br />
pharmaceutical company; and<br />
• acting as expert arbiter in a transfer-pricing shareholders’ rights dispute between an<br />
industrial goods manufacturer and its minority shareholders.<br />
Dr Meenan has contributed to many leading authorities on transfer pricing. His recent<br />
publications include “Europe as One Market: A Transfer Pricing Economic Analysis of<br />
Pan-European Comparables Sets”, with Roman Dawid and Joerg Huelshorst, BNA <strong>Tax</strong><br />
Management Transfer Pricing Report (volume 12 no 23, April 14 2004) and “Recent<br />
Developments in European Transfer Pricing”, with Setsuko Fukushima, International<br />
<strong>Tax</strong>ation (May 2004, in Japanese).<br />
Dr Meenan is a frequent speaker and lecturer on valuation and transfer pricing at internal<br />
and external conferences. He developed <strong>Deloitte</strong>’s pan-European and pan-Asian internal<br />
transfer-pricing training courses (partner and manager levels), and has been consulted by<br />
the tax authorities in Denmark, Malaysia and the Czech Republic on transfer-pricing<br />
matters.<br />
Before joining <strong>Deloitte</strong> in 1993, Dr Meenan was an economics professor at California<br />
State University and Loyola College. He holds a PhD in economics from Purdue<br />
University (W Lafayette, Indiana, US), MA and BA degrees in economics from Fordham<br />
University (New York, US), and has been awarded the Chartered Financial Analysts<br />
Charter.<br />
125
Japan<br />
Ken Okawara<br />
Shin Nihon Ernst & Young<br />
Hibiya Kokusai Building 20F<br />
2-2-3 Uchisaiwai-cho<br />
Chiyoda-ku, Tokyo 100-0011<br />
Japan<br />
Tel: (81) 3 3506 2461<br />
Fax: (81) 3 3506 2413<br />
Email: ken.okawara@jp.ey.com<br />
Website: www.ey.com<br />
Ken Okawara is a PhD economist and tax partner in Ernst & Young’s Tokyo/Osaka<br />
office, where he leads the transfer-pricing practice.<br />
Dr Okawara has assisted numerous multinational companies in their negotiations with<br />
the tax authorities of Japan and other countries, and has helped clients to obtain<br />
resolution of transfer-pricing disputes at bilateral and multilateral competent authority<br />
proceedings. He has been involved in over 40 APA cases covering the countries of<br />
Japan, USA, UK, Germany, Switzerland, Australia, Singapore, Korea, Malaysia and<br />
China. He is a frequent speaker on transfer pricing and international tax issues at<br />
various seminars in Japan and other countries. He has published a number of articles<br />
and books on transfer pricing and international tax issues. He also teaches economics<br />
at Gakushuin University.<br />
He received a BA and MA from Gakushuin University, a masters degree in<br />
international affairs from Columbia University and a PhD from Chiba University of<br />
Commerce. He is also a Japanese certified tax public accountant.<br />
126 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Japan<br />
Eric N Roose<br />
White & Case<br />
Kandabashi Park Building<br />
19-1, Kanda-nishikicho 1-chome<br />
Chiyoda-ku, Tokyo 101-0054<br />
Japan<br />
Tel: (81) 3 3259 0152<br />
Fax: (81) 3 3259 0150<br />
Email: eroose@tokyo.whitecase.com<br />
Website: www.whitecase.com<br />
Mr Roose is a tax partner in the Tokyo office of White & Case LLP, where his practice<br />
focuses on international tax planning and general corporate and business advisory tax<br />
work, focusing on the Asia-Pacific region and the US.<br />
Mr Roose has 25 years’ experience advising multinational and domestic businesses,<br />
international investment funds and venture capital funds, high-technology companies,<br />
financial institutions and financial service industry companies with respect to all tax<br />
aspects of their business and investment activities in the Asia-Pacific region, particularly<br />
with regard to Japan, China, Hong Kong, and Singapore, and also with regard to the US.<br />
He also has experience representing public and closely held businesses, as well as highnet-worth<br />
foreign individuals, in tax controversies involving a range of international and<br />
domestic tax issues.<br />
Mr Roose’s recent experience includes:<br />
• advising multinationals on their Asia-Pacific region tax strategies, including inbound<br />
investment tax structuring, the development, transfer and commercial use of<br />
intellectual property, and the restructuring of their operations both within the region<br />
as well as in Europe and the US;<br />
• representing sellers and purchasers with respect to the local law tax aspects of their<br />
M&A activities in Japan and China, and with regard to the taxation of their foreign<br />
activities by the US;<br />
• advising global financial institutions on the Japanese and Chinese tax treatment of<br />
sophisticated financial products, tax structured financing, and financial transactions;<br />
• advising foreign investment funds and hedge funds on the development of tax-efficient<br />
Asia-Pacific region investment structures, including investment structures for Japan,<br />
South Korea, and China;<br />
• advising global real estate investment funds on the US and Japan tax aspects of their<br />
investments in Japanese real estate and non-performing assets;<br />
• advising Asia-based multinationals with respect to the restructuring of their US debts<br />
and business operations.<br />
Mr Roose received his law degree from the University of Illinois, where he graduated first<br />
in his law school class. He also holds an undergraduate degree in accounting, with<br />
distinction, from the University of Hawaii.<br />
Mr Roose is a certified public accountant as well as an attorney. He is also licensed in<br />
Japan as a gaikokuho jimu bengoshi.<br />
Mr Roose is a former chairman of the <strong>Tax</strong> Section of the Inter-Pacific Bar Association.<br />
Mr Roose is a frequent speaker at international tax seminars and frequently contributes<br />
articles to leading tax journals.<br />
127
Japan<br />
Koichi Sekiya<br />
Shin Nihon Ernst & Young<br />
Hibiya Kokusai Building 20F<br />
2-2-3 Uchisaiwai-cho<br />
Chiyoda-ku, Tokyo 100-0011<br />
Japan<br />
Tel: (81) 3 3506 2447<br />
Fax: (81) 3 3506 2200<br />
Email: koichi.sekiya@jp.ey.com<br />
Website: www.sney.com<br />
Koichi Sekiya is a tax partner in Shin Nihon Ernst & Young, one of the largest tax<br />
professional firms in Japan. He is a leading partner of the firm’s transaction tax and<br />
international tax services groups. He has over 20 years of tax experience.<br />
He currently focuses on cross-border mergers and acquisitions tax advisory services for<br />
multinationals and investment funds, both inbound to Japan and outbound from Japan.<br />
He specializes in mergers and acquisitions structuring, including tax due diligence, preand<br />
post-acquisition reorganizations, tax-effective financing, basis step-up planning,<br />
debt push down and thin-capitalization planning. He also provides structuring advices<br />
for private equity and real estate investment funds.<br />
Koichi Sekiya has long and extensive experience in general international tax areas of<br />
advisory services including: corporate reorganizations (merger, corporate split, share<br />
exchange); pass-through entities and investment vehicles (NK, TK, LP, LLP, TMK,<br />
LLC); withholding tax planning on royalties and interest; dividends and cash<br />
repatriation planning; Japanese foreign tax credits; Japanese CFC rules (the tax haven<br />
rules); permanent establishment issues and commissionaire structure; and tax audit<br />
defence.<br />
Between 1993 and 1997, he served on Ernst & Young’s Japanese tax desk in New York.<br />
While in New York, he provided tax advisory services to large multinational clients in a<br />
variety of industry groups. In addition to this role, he worked jointly with international<br />
tax professionals located throughout the United States and in other foreign countries.<br />
Koichi Sekiya holds a LLB from Rikkyo University and is a licensed tax accountant<br />
(Zeirishi).<br />
128 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Japan<br />
Lithuania<br />
Eiji Akashi<br />
KPMG <strong>Tax</strong> Corp, Tokyo<br />
Mark T Campbell<br />
Ernst & Young, Tokyo<br />
Atsushi Fujieda<br />
Nagashima Ohno & Tsunematsu, Tokyo<br />
Setsuko Fukushima (see bio)<br />
<strong>Deloitte</strong> Touche Tohmatsu, Tokyo (see advert on inside front)<br />
Yukie Kuwahara<br />
Shin Nihon Ernst & Young, Tokyo<br />
Peter Meenan (see bio)<br />
<strong>Deloitte</strong> Touche Tohmatsu, Tokyo (see advert on inside front)<br />
Toshio Miyatake<br />
Adachi Henderson Miyatake & Fujita, Tokyo<br />
Yuko Miyazaki<br />
Nagashima Ohno & Tsunematsu, Tokyo<br />
Ken Okawara (see bio)<br />
Shin Nihon Ernst & Young, Tokyo<br />
Eric N Roose (see bio)<br />
White & Case, Tokyo<br />
Koichi Sekiya (see bio)<br />
Shin Nihon Ernst & Young, Tokyo<br />
Gary M Thomas<br />
White & Case, Tokyo<br />
Ryutaro Uchiyama<br />
Tokyo Kyodo Accounting Office, Tokyo<br />
Yukinori Watanabe<br />
Baker & McKenzie, Tokyo<br />
Kestutis Lisauskas<br />
Ernst & Young, Vilnius<br />
129
Luxembourg<br />
Luxembourg on the move<br />
René Beltjens<br />
PricewaterhouseCoopers<br />
Luxembourg<br />
Ever since 1929 when it introduced a participation<br />
exemption regime before the term was even coined,<br />
Luxembourg has always demonstrated that international<br />
structures were right up its alley. Over time, Luxembourg<br />
has become a key player in investment funds and holding,<br />
financial or intellectual property structures.<br />
For instance, Luxembourg is the second-largest investment<br />
fund centre in the world after the USA based on the number<br />
of assets under management. The country’s stock exchange<br />
has branched out heavily in order to attract investors.<br />
Recently, it developed a new market geared mainly towards<br />
less regulated investment funds (Mifid). The latter market is<br />
now booming and is increasingly successful<br />
Luxembourg’s location at the heart of Europe places the country as a gateway to the<br />
vast single market of the European Union. Through regulations, directives and other<br />
instruments, it levels the playing field for business exchanges and transfers across the<br />
soon to be 27 member states. Luxembourg is the hub of an economic region that has<br />
over five million German, French, Belgian and Luxembourg residents living close by.<br />
Highly skilled professionals from these four countries are the backbone of the<br />
country’s development.<br />
Luxembourg relies on a successful participation exemption regime, the absence in<br />
most cases of withholding tax on interest and royalties and an extensive double tax<br />
treaty network to secure a neutral tax environment. But there is more: Luxembourg’s<br />
stable legislative framework facilitates the implementation of long-term structures and<br />
the use of complex instruments such as hybrids. In other words, major international<br />
groups can look to Luxembourg to optimize their consolidated tax position.<br />
Therefore, many international groups have located in Luxembourg, where they have<br />
holding companies or financial centres, which they use as an internal bank. A number<br />
of international groups have also chosen to locate in Luxembourg their quoted<br />
company. Interestingly, 56% of issuers are European, 32% are American and a vast<br />
majority of the remaining issuers are located in Asia.<br />
Changes in certain techniques such as the migration of companies from one country<br />
to the next, which has just been made easier by the introduction of the European<br />
company (Societas Europeae), or the more liberal rules for paying interim dividends are an<br />
added incentive for structures looking to seize the opportunities offered by the<br />
Luxembourg tax and regulatory framework. In a world where most of the groups have<br />
shareholders located in many different countries, with investments all over the world and<br />
a top management geographically spread, a neutral headquarters becomes more relevant.<br />
If it is not the case, it leaves open the opportunity for a third party, such as private equity<br />
players, to make a favourable arbitrage.<br />
Further effort is still required in a number of areas. Luxembourg must abolish the old<br />
fashioned capital duty and should consider getting rid of net wealth tax on companies,<br />
amending withholding tax on dividends (the reduction of the non-treaty rate from 20%<br />
to 15% goes in the right direction) or decreasing direct tax rates. Luxembourg legislation<br />
has always been quick to adapt and has kept up with the changes in international business.<br />
Now, in a fast moving world, and with several changes made in neighbouring countries,<br />
is the time to prove it once again. In this respect the announcement by the Luxembourg<br />
government that it will consider a number of positive tax changes in 2007 is welcome.<br />
In a different area, the government has introduced a bill relating to a new type of<br />
investment company reserved for natural persons. This vehicle will efficiently manage the<br />
130 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Luxembourg<br />
estate owned by a family or the pooled assets of a limited number of natural persons. This<br />
new instrument is called a family asset management company (FAC). The FAC will be<br />
exempt from income tax and net wealth tax and its dividend distributions will be exempt<br />
from Luxembourg withholding tax. As a matter of fact, it will only be subject to a yearly<br />
subscription tax capped at €125,000. This new regime, which seems to have received the<br />
go-ahead from the European authorities, is an attractive alternative to the 1929 holding<br />
company regime which will be fully eliminated by December 31 2010. The regime should<br />
be very popular with high-net-worth individuals, who sometimes even consider moving<br />
to Luxembourg and becoming residents. The absence of estate tax on lineal heirs and low<br />
income taxes, combined with this new FAC, are likely to win over many of them.<br />
All this leads us to believe that the growth story of Luxembourg belongs to the future,<br />
with many opportunities still to be seized.<br />
131
Luxembourg<br />
René Beltjens<br />
PricewaterhouseCoopers<br />
Route d’Esch 400 – BP 1443<br />
L-1044 Luxembourg<br />
Tel: (352) 49 48 48 3202; (352) 621 33 3001 (mobile)<br />
Fax: (352) 49 48 48 6905<br />
Email: rene.beltjens@lu.pwc.com<br />
Website: www.pwc.com<br />
René Beltjens is head of the tax practice in Luxembourg and a member of the<br />
PricewaterhouseCoopers international tax structuring network.<br />
He is also the Eurofirms US outbound investment leader, a group whose main purpose<br />
is to align and coordinate the resources of the 20 Eurofirms countries in order to better<br />
serve US-based clients.<br />
He advises major international groups on the tax impact of reorganizations of their<br />
structures, alerts them to tax planning opportunities and maps out mitigation strategies.<br />
René also assists these groups in their negotiations with national authorities.<br />
René contributed a report on group taxation to the 2004 Vienna Congress of the<br />
International Fiscal Association and has written numerous tax articles in professional<br />
publications.<br />
René holds a law degree from the Catholic University of Louvain la Neuve, a degree in<br />
tax law from ICHEC in Brussels, and an MBA with a major in finance from the Catholic<br />
University of Leuven.<br />
132 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Luxembourg<br />
Alain Steichen<br />
Bonn Schmitt Steichen<br />
44, Rue de la Vallée<br />
L-2661 Luxembourg<br />
BP 522<br />
L-2015 Luxembourg<br />
Tel: (352) 45 58 58 1<br />
Fax: (352) 45 58 59<br />
Email: asteichen@bsslaw.net<br />
Website: www.bsslaw.net<br />
Alain Steichen is partner at Bonn Schmitt Steichen, one of Luxembourg’s oldest, largest<br />
and leading business law firms. His main areas of expertise are mergers and acquisitions,<br />
corporate restructurings and tax-enhanced financial engineering. Before joining Bonn<br />
Schmitt Steichen, Alain Steichen was the head of tax at Price Waterhouse Luxembourg<br />
(1988 to 1996).<br />
Alain Steichen’s educational background is economics (maîtrise en sciences économiques –<br />
1981) and law (maîtrise en droit – 1983). He also holds a doctorate in law (summa cum<br />
laude – 1994) and has been the chair of taxation at the Luxembourg University since<br />
1994. Alain Steichen has also been a visiting professor of comparative tax law at the<br />
University of Valenciennes since 2002. Author of 10 books and 50 articles, mainly on tax<br />
law, and several times national reporter for IFA conferences, Alain Steichen is both<br />
qualified as a chartered accountant in Luxembourg (réviseur d’entreprises, 1987) and as<br />
attorney-at-law (avocat à la cour de Paris – 1994; avocat à la cour de Luxembourg – 1996).<br />
133
Luxembourg<br />
Jean-Pierre Winandy<br />
Loyens Winandy<br />
14 rue Edward Steichen<br />
L-2540 Luxembourg<br />
Tel: (352) 466 230 420<br />
Fax: (352) 466 234<br />
Email: jean-pierre.winandy@loyens.com<br />
Website: www.loyensloeff.com<br />
Born and educated in Luxembourg, Mr Winandy obtained his degree in economics<br />
(maîtrise) at the University of Paris I (1977), a second degree in commercial law (1978),<br />
and a DESS (post-graduate qualification) in corporate finance (1978). In 1981 he joined<br />
a Big Eight firm where he became tax partner in 1988. In 1997 he changed to the legal<br />
profession to become an avocat, and an avocat avoué in 1999.<br />
In 2002 he joined Loyens & Loeff, which in 2003 opened a law office in Luxembourg<br />
under the name Loyens Winandy.<br />
He has a PhD in <strong>Tax</strong> law (cum laude) from the University of Paris II on the subject:<br />
“Abus de droit et simulation en droit fiscal luxembourgeois”. He is assistant professor at the<br />
University of Luxembourg where he teaches tax law and corporate law. He has published<br />
six books and roughly 70 articles (in French, English and German) in local and foreign<br />
publications. He frequently delivers seminars in Luxembourg and abroad.<br />
Mr Winandy is a member of the Luxembourg Bar Council, a member of the board of<br />
the Luxembourg IFA branch, a member of Association Luxembourgeoise des juristes de<br />
banque and a member of the EATLP (European Association of <strong>Tax</strong> Law Professors).<br />
He has more than 25 years of experience in national and international taxes. He is very<br />
active in tax litigation and successfully handled the well-known La Coasta and<br />
Eurobeton cases. He is a former chartered accountant and independent external auditor.<br />
134 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Luxembourg<br />
René Beltjens (see bio)<br />
PricewaterhouseCoopers, Luxembourg<br />
André Elvinger<br />
Elvinger Hoss & Prussen, Luxembourg<br />
Frédéric Feyten<br />
Nauta Dutilh, Luxembourg<br />
Thierry Lesage<br />
Arendt & Medernach, Luxembourg<br />
Roger Molitor<br />
KPMG <strong>Tax</strong>, Luxembourg<br />
Jean Schaffner<br />
Allen & Overy, Luxembourg<br />
Alain Steichen (see bio)<br />
Bonn Schmitt Steichen, Luxembourg<br />
J Philip van Hilten<br />
Loyens & Loeff, Luxembourg<br />
Jean-Pierre Winandy (see bio)<br />
Loyens Winandy, Luxembourg<br />
135
Mexico<br />
Jaime González-Bendiksen<br />
Baker & McKenzie<br />
PT de la Republica 3304, Piso 2<br />
32330 Cd Juarez, Chihuahua<br />
Mexico<br />
Tel: (52) 656 629 1307<br />
Fax: (52) 656 629 1399<br />
Email: jaime.gonzalez-bendiksen@bakernet.com<br />
Website: www.bakernet.com<br />
Jaime González-Bendiksen is an international partner at Baker & McKenzie. He joined<br />
the firm in 1965 and has been a partner since 1977. He first practised in the Mexico City<br />
office until 1979, when he moved to the Bogota, Colombia, office, where he established<br />
and headed the <strong>Tax</strong> Department. In 1992 he returned to Mexico, forming and heading<br />
the <strong>Tax</strong> Department of the Juarez, Tijuana, Monterrey and Guadalajara offices. As an<br />
adviser to multinational corporations, Mr González-Bendiksen has extensive experience<br />
in the areas of international tax planning, mergers and acquisitions, permanent<br />
establishments, cross-border transactions, transfer pricing, taxation of non-resident<br />
entities and individuals, corporate taxation, assets taxes and VAT.<br />
He received an LLB from the Universidad Nacional Autonoma de Mexico in 1970, an<br />
MCJ from New York University and an LLB from ICFES in Colombia, South<br />
America. He is a member of the International Fiscal Association, where he was<br />
president of the Colombia chapter, wrote a national report on <strong>Tax</strong> Treatment of<br />
Computer Software and was a member of the discussion panels at the annual congresses<br />
of Amsterdam (1988) and Delhi (1997). He is also a member of the National <strong>Tax</strong><br />
Committee of the Mexican Institute of Financial Executives (IMEF). He is an<br />
honorary member of the Colombian Institute of <strong>Tax</strong> Law.<br />
Mr Gonzalez-Bendiksen speaks widely on domestic and international tax topics. His<br />
publications include a comprehensive book labeled Mexican <strong>Tax</strong> Guide and chapters on<br />
transfer pricing and on mergers and acquisitions in other books. He contributes<br />
regularly to periodicals specialized in tax matters.<br />
136 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Mexico<br />
Ricardo González Orta<br />
<strong>Deloitte</strong><br />
Paseo de la Reforma 505<br />
Col Cuauthémoc<br />
06500 México, DF<br />
México<br />
Tel: (52) 55 50 80 70 23<br />
Fax: (52) 55 50 80 60 01<br />
Email: rgonzalezorta@deloittemx.com<br />
Website: www.deloitte.com/mx<br />
Ricardo González Orta is a partner in <strong>Deloitte</strong>’s Mexico City office. He advises<br />
multinational companies on tax-related matters, including structuring new businesses,<br />
acquisitions, reorganizations, joint ventures, double taxation issues and transfer pricing.<br />
He joined the organization in 2001, has significant experience in transfer pricing, and<br />
coordinates the national and Latin American transfer-pricing practice.<br />
Before joining <strong>Deloitte</strong> & Touche, Ricardo González spent eight years in a number of top<br />
executive posts with the Ministry of Finance and the Mexican <strong>Tax</strong> Administration Service.<br />
From July 1999 to November 2000, Ricardo González was general director of tax and<br />
customs policy at the Under Ministry of Income, where his duties included designing tax<br />
and customs policy. In this position, he negotiated the Mexico-US inter-governmental<br />
transfer-pricing agreement in the maquiladora industry. Before this, he acted as general<br />
director of legislation and international negotiations (1998 to 1999), where his main<br />
functions included drafting tax and customs legislation, negotiating double-taxation<br />
treaties, and representing the Mexican government in international forums (especially<br />
OECD).<br />
From March to June 1998, he was general director of international tax affairs at the <strong>Tax</strong><br />
Administration Service (formerly Under Ministry of Income of the Ministry of Finance<br />
and Public Credit). Primary responsibilities included transfer-pricing audits, the<br />
negotiations of advance-pricing agreements, the issuance of private letter rulings<br />
regarding foreign residents with Mexican source income, the exchange of tax and customs<br />
information with other countries and the performance of audits and issuance of rulings in<br />
line with Mexico’s free trade agreements.<br />
Before this, he was assistant general director for international audits (1993 to 1998). In<br />
this position, Mr González created the international audit programme, which included<br />
transfer-pricing inspections, negotiating advance-pricing agreements, drafting the 1997<br />
tax reform on transfer pricing, the inspection of international transactions, audits of origin<br />
pursuant to Mexico’s commercial agreements, acting as competent authority for the<br />
exchange of tax and customs information, and inspection of Mexican residents with<br />
investments in low-tax jurisdictions.<br />
Mr González has been a frequent speaker in different national and international forums<br />
and has represented his country before several international organizations such as the<br />
OECD Committee on Fiscal Affairs, Working Party no 6 (transfer pricing and<br />
multinational companies) and Working Party no 8 (information exchange and<br />
international tax evasion).<br />
He has written numerous articles and regularly contributes to the <strong>Tax</strong> Management<br />
International Journal on domestic and international tax matters, as well as transfer pricing.<br />
Mr González Orta graduated from the Universidad Iberoamericana.<br />
137
Mexico<br />
Javier Goyeneche<br />
<strong>Deloitte</strong><br />
Paseo de la Reforma 505, piso 28<br />
Colonia Cuauhtemoc<br />
06500 Mexico, DF<br />
Mexico<br />
Tel: (52) 55 5080 6480<br />
Fax: (52) 55 5080 6432<br />
Email: javiergoyeneche@deloittemx.com<br />
Website: www.deloitte.com/mx<br />
Javier Goyeneche is the tax managing partner in the Mexico office of <strong>Deloitte</strong>. He has<br />
worked as a tax consultant for different companies, focusing on the financial sector and<br />
international investment projects.<br />
He has been recognized by the International <strong>Tax</strong> Review as one of the leading tax advisers<br />
in Mexico, and by World <strong>Tax</strong> 2005 and 2006 as one of the best tax advisers in cross-border<br />
structuring and in mergers and acquisitions.<br />
Mr Goyeneche is a member of the Instituto Mexicano de Contadores Publicos, and<br />
president of its Fiscal Commission; a member of the Colegio de Contadores Publicos de<br />
Mexico, as vice-president of the Financial System Commission; and a member of the<br />
executive committee of the International Fiscal Association (IFA). Mr Goyeneche has<br />
also been a tax professor at the Instituto Tecnologico Autonomo de Mexico, and at the<br />
Universidad Anahuac.<br />
Mr Goyeneche is a certified public accountant. He graduated from the Instituto<br />
Tecnologico Autonomo de Mexico (ITAM) and has been a tax specialist since 1979.<br />
138 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Mexico<br />
Luis Ortiz-Hidalgo<br />
Basham, Ringe y Correa, SC<br />
Paseo de los Tamarindos 400 – A 9th Floor<br />
Bosques de las Lomas<br />
05120 Mexico City<br />
Mexico<br />
Tel: (52) 55 5261 0420<br />
Fax: (52) 55 5261 0496<br />
Email: ortiz.hidalgo@basham.com.mx<br />
Website: www.basham.com.mx<br />
Luis Ortiz-Hidalgo is a tax partner of Basham, Ringe y Correa, SC, a leading law firm in<br />
Mexico. His areas of expertise include taxation, constitutional law, customs and<br />
international trade.<br />
He is highly experienced in fiscal affairs and in advisory and litigation work for both<br />
domestic and international law. He is considered one of the most important experts on<br />
Mexican tax issues.<br />
He has published several articles in English and Spanish. He has just participated in<br />
Mexico’s Final Webinar Series – <strong>Tax</strong>ation Issues as a lecturer on <strong>Tax</strong>ation Considerations<br />
when Doing Business in Mexico, organized by the US Embassy in Mexico where he<br />
provided an overview of key aspects on taxation issues related to US exporters, explained<br />
the most relevant aspects of the tax treaty between the US and Mexico, and tax<br />
responsibilities that an overseas company may have in Mexico.<br />
He has participated as a speaker in national and international conferences of the<br />
International Bar Association, the National Business Lawyers Association, the Mexican<br />
Insitute of Finance Executives and the College of Public Accountants in tax and<br />
administrative law.<br />
He has a postgraduate degree in public finance from the Universidad Nacional Autonoma<br />
de Mexico, a diploma from Harvard Law School and a JSD from Universidad<br />
Panamericana.<br />
Luis Ortiz Hidalgo is a member of several professional associatons: the National<br />
Association of Business Lawyers, the International Bar Association, the International<br />
Corporate <strong>Tax</strong>ation Committee of Lex Mundi, the <strong>Tax</strong> Law Academy of the State of<br />
Mexico and the <strong>Tax</strong> Committee of the American Chamber of Commerce (Amcham).<br />
He was president of the National Association of Business Lawyers (1986-1988), co-chair<br />
of the <strong>Tax</strong> Committee of the International Bar Association (1998-2002), representative<br />
for Mexico at the International Bar Association, regional vice president for Central and<br />
South America of the International <strong>Tax</strong> Committee of Lex Mundi, vice chair of the <strong>Tax</strong><br />
Academy of the State of Mexico and chair of the <strong>Tax</strong> Committee of the American<br />
Chamber of Commerce.<br />
He participated as a lecturer in the postgraduate programme of tax law at Universidad<br />
Panamericana and Universidad Anahuac. He has participated as a speaker in several<br />
national and internationl congresses concerning the most important fiscal and finance<br />
associations worldwide.<br />
In September 2005 he received the award for best corporate lawyer of Mexico from the<br />
Asociación Nacional de Abogados de Empresa, AC (National Business Lawyers<br />
Association), and presented by the president of the Supreme Court of Justice of Mexico.<br />
He is author of “The Unification of Administrative Remedies” in 45 años del Tribunal<br />
Fiscal de la Federal (45 years of the Fiscal Court of the Federation); “Joint Venture” in a<br />
publication of the National Business Lawyers Association; “<strong>Tax</strong> Review Remedy” in the<br />
journal of the Mexican Bar Association; and “<strong>Tax</strong> Payer Legal Defense and Human<br />
Rights” in Fiscal Practice.<br />
He was born on July 18 1950 and attended the Universidad Nacional Autónoma de<br />
México (1974).<br />
Mr Ortiz-Hidalgo speaks Spanish and English fluently.<br />
139
Mexico<br />
Enrique Calvo Nicolau<br />
Calvo González Luna Moreno y Revilla, Mexico City<br />
Jorge Covarrubias Bravo<br />
Parás, Mexico City<br />
Roberto Del Toro<br />
PricewaterhouseCoopers, Mexico<br />
Jaime González-Bendiksen (see bio)<br />
Baker & McKenzie, Juárez<br />
Ramiro González Luna<br />
Calvo González Luna Moreno y Revilla, Mexico City<br />
Ricardo González Orta (see bio)<br />
<strong>Deloitte</strong>, Mexico City (see advert on inside front)<br />
Javier Goyeneche (see bio)<br />
<strong>Deloitte</strong>, Mexico City (see advert on inside front)<br />
Ignacio Orendain<br />
Basham Ringe y Correa, Mexico City<br />
Gabriel Ortiz Gómez<br />
Ortiz Sainz y Erreguerena, Mexico City<br />
Luis Ortiz-Hidalgo (see bio)<br />
Basham Ringe y Correa, Mexico City<br />
Fernando Ruiz Sahagun<br />
Chevez Ruiz Zamarripa y Cia, Mexico City<br />
Manuel Sáinz Orantes<br />
Chevez Ruiz Zamarripa y Cia, Mexico City<br />
Oscar Soriano Escalona<br />
PricewaterhouseCoopers, Mexico<br />
Alejandro Torres Rivero<br />
Chevez Ruiz Zamarripa y Cia, Mexico City<br />
Manuel E Tron<br />
Tron y Natera, Mexico City<br />
140 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
The Netherlands<br />
Protecting against tax risk<br />
Frits Barnard<br />
<strong>Deloitte</strong><br />
Amsterdam<br />
The public, investors and the tax authorities have become<br />
increasingly impatient with manifestations of white-collar<br />
crime, such as accounting scandals, options that are backdated,<br />
insider trading and tax schemes that are unable to stand up to<br />
official scrutiny. The climate created by this general disquiet<br />
also has implications for tax planning. While a sharp<br />
distinction, based on the principle of legality, has traditionally<br />
been made between tax planning on the one hand and tax<br />
fraud on the other, this distinction may have become blurred<br />
in practice. More than ever, it is important for companies to<br />
ask what they can do to protect themselves against both tax<br />
risk and the risk of damage to their reputations.<br />
New filing procedures<br />
Historically, a company would file a corporate tax return in<br />
paper form, attaching as many clarifications and exhibits as it considered appropriate.<br />
The tax inspector reviewed the return and raised an assessment, but at that point was<br />
not able to impose a penalty. Because an additional assessment could only be made<br />
(and a penalty could only be imposed) when the tax inspector discovered new facts or<br />
could prove that the taxpayer had not acted in good faith, companies were encouraged<br />
to file extensive explanations and exhibits together with their returns. As long as<br />
positions were properly disclosed in the return, penalties were almost never imposed,<br />
regardless of the merits of the position.<br />
Today, the requirement to file returns electronically leaves much less latitude for<br />
attaching exhibits and explanations. Now a tax inspector can impose penalties of up to<br />
100% of the under-reported tax due when raising an initial assessment. Although the<br />
Netherlands has no formal rules requiring the reporting of particular tax structures (as<br />
do the US and the UK), in practice, companies should seriously consider whether<br />
positions adopted in their tax returns are sufficiently defensible.<br />
Increased scrutiny<br />
The tax authorities are increasingly focusing their attention on the substance of<br />
structures and transactions rather than their technical, formal merits. The authorities<br />
are aware that multinational enterprises engage in very complex transactions that<br />
sometimes carry a substantial tax risk. While in the past the authorities were often<br />
content almost to facilitate such transactions, they are now clearly concerned to<br />
uncover the underlying tax issues. They have been successful in challenging certain<br />
offshore structures on the grounds that those structures lacked substance. Transfer<br />
pricing also has become the subject of much attention, and taxpayers are required by<br />
law to maintain full transfer-pricing documentation. Audits now encompass reviews of<br />
due diligence reports, minutes of board meetings and even e-mail correspondence.<br />
There may well be a point at which the tax authorities perceive that a transaction or<br />
structure is so lacking in substance that it may be regarded as tax fraud rather than<br />
legitimate tax planning.<br />
The tax authorities have a choice between imposing administrative penalties or<br />
referring a case to the public prosecutor. More and more cases are considered for<br />
prosecution and the Ministry of Justice has made more resources available for public<br />
prosecution, with the result that the number of high visibility cases that go to trial has<br />
increased over the last few years.<br />
The Dutch tax authorities have adopted the US approach of dividing taxpayers into<br />
risk categories to allow them to concentrate their enforcement efforts on those<br />
designated as a high risk. However, the classification is quite arbitrary, and amounts to<br />
little more than a system for punishing aggressive tax planning without legal basis.<br />
141
The Netherlands<br />
The rapid changes in both the law and the general attitude to financial and tax fraud<br />
have had the effect of inclining tax and prosecuting officers to apply current standards<br />
to actions and behaviour dating back five to six years, at which time they were often<br />
considered more acceptable than they are today.<br />
The Dutch Ministry of Finance has taken the practical step of initiating discussions<br />
with the largest Dutch-based multinationals in an attempt to persuade them to<br />
subscribe to an undertaking on compliance. In accordance with the undertaking, these<br />
taxpayers promise to file annual tax returns within the shortest possible time frame,<br />
and to disclose all relevant tax risks. In return, the tax authorities undertake to deal<br />
with these returns within a year, and to address all requests for prior approval,<br />
cooperation, etc, quickly and in a businesslike manner. The Ministry of Finance is<br />
currently considering substantially extending the group of eligible participants.<br />
Defensible positions<br />
The Dutch Supreme Court has ruled that, where a taxpayer has a defensible position,<br />
penalties cannot be levied, nor can criminal intent be concluded. Structures and<br />
positions can be considered defensible if they meet the following requirements:<br />
• The structure is properly implemented.<br />
• The substance of the structure and supporting documentation should accord with<br />
the intention of the structure.<br />
• The position should be carefully researched and should have a solid basis in case<br />
law and/or literature.<br />
Last but not least, tax planning calls for a balanced approach to filing, disclosure and<br />
prior consultation with the tax authorities.<br />
142 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
The Netherlands<br />
Frits G Barnard<br />
<strong>Deloitte</strong><br />
Orlyplein 10<br />
NL-1043 DP Amsterdam<br />
The Netherlands<br />
Tel: (31) 20 582 4305<br />
Fax: (31) 20 582 4025<br />
Email: fbarnard@deloitte.com<br />
Website: www.deloitte.com<br />
Frits Barnard is an international tax partner in the Amsterdam office of <strong>Deloitte</strong>. He<br />
is currently a member of the TMT industry group and specializes in (international)<br />
corporate tax and tax litigation.<br />
Mr Barnard joined Arthur Andersen in 1984 and was promoted to partner in 1993. In<br />
September 2002 the Dutch tax practice of Arthur Andersen merged with <strong>Deloitte</strong>.<br />
Mr Barnard has been responsible for international mergers and acquisitions and releverage<br />
and corporate tax reduction programmes, mainly for Dutch, UK and US<br />
multinationals. He has been engaged in developing structures aimed at income<br />
repatriation and demerging international business units.<br />
Frits has substantial experience in handling tax audits, conducting negotiations with<br />
Dutch revenue authorities, and tax litigation. Recent cases relate to the deductibility of<br />
earn-out payments in share acquisitions, the deductibility of services fees, the burden of<br />
proof in tax matters, the statue of limitations, stock option payments, the extent and<br />
validity of rulings concluded with the revenue, and issues related to tax fraud.<br />
Mr Barnard has contributed to a number of articles on the valuation of financial<br />
products for tax purposes.<br />
Mr Barnard is a graduate of Leiden University (1983) and holds a masters degree in<br />
tax law. He has been a member of the board of examiners of the Federatie van<br />
Belastingadviseurs since December 1999.<br />
143
The Netherlands<br />
Roderik Bouwman<br />
DLA Piper Nederland NV<br />
Gebouw Meerparc<br />
Amstelveenseweg 638,<br />
1081 JJ Amsterdam,<br />
The Netherlands<br />
Tel: (31) 20 5419 894<br />
Fax: (31) 20 5419 941<br />
Email: roderik.bouwman@dlapiper.com<br />
Website: www.dlapiper.com<br />
Roderik ALH Bouwman, born 1957, is based in the Amsterdam office of DLA Piper,<br />
and has 24 years of experience in Dutch corporate and international tax. He is a<br />
member of the Netherlands Order of <strong>Tax</strong> <strong>Advisers</strong>, the Netherlands Scientific<br />
Association for <strong>Tax</strong> Law and the International Fiscal Association (IFA).<br />
Roderik’s tax practice is focused on Dutch/international tax law aspects relating to<br />
cross-border mergers and acquisitions, private equity, corporate restructurings, capital<br />
market transactions, transfer pricing and the Advance Pricing Agreement/Advance <strong>Tax</strong><br />
Ruling practice area. His clients include a wide range of EU and US multinationals<br />
and Dutch companies listed on Euronext.<br />
DLA Piper’s tax group in the Netherlands provides a full range of tax advisory services<br />
including transactional advice and planning on acquisitions, disposals, mergers,<br />
demergers, post-integration restructurings and capital markets transactions as well as<br />
real estate tax, HR tax, VAT, customs and excise and anti-dumping duties. The Dutch<br />
tax group forms part of DLA Piper’s global tax practice. It works closely together with<br />
other specialist areas within DLA Piper, both nationally and internationally.<br />
DLA Piper is an international legal services organization with over 7,600 people, of<br />
whom almost 3,200 are legal practitioners in 62 offices across 24 countries in Europe,<br />
the Middle East, Asia and the US.<br />
144 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
The Netherlands<br />
Daan B H de Bruin<br />
<strong>Deloitte</strong><br />
Admiraliteitskade 50<br />
3063 ED Rotterdam<br />
The Netherlands<br />
Tel: (31) 10 8801433<br />
Fax: (31) 10 8801433<br />
Email: ddebruin@deloitte.nl<br />
Website: www.deloitte.nl<br />
Daan de Bruin has been an international tax partner in the Rotterdam office since 1989<br />
and has more than 20 years’ experience advising mid-sized and large multinational<br />
companies in international tax matters. He is a member of the Dutch Association of<br />
<strong>Tax</strong> <strong>Advisers</strong> and the International Fiscal Association.<br />
His clients include European, US and Asian multinational companies, primarily in the<br />
manufacturing industry. He has particular expertise in the areas of international tax<br />
structuring, greenfield investments, and tax-efficient structuring of cross-border<br />
supply chain solutions.<br />
Daan has authored many articles in the field of international taxation. He is co-author<br />
on the IBFD publication The International Guide to Mergers and Acquisitions, and has<br />
written a number of articles on, among others subjects, tax aspects of anti-abuse<br />
regulations, as well as delivering lectures on the subject. Recent publications relate to<br />
the deduction of interest charges for Dutch corporations and thin-capitalization<br />
developments in the Netherlands. Daan is also the author of the Dutch publication on<br />
rules for unilateral avoidance of double taxation.<br />
Daan has been selected as one of the European top tax advisers by International <strong>Tax</strong><br />
Review for many years. Legal Media Group ranks him as one of the world’s leading<br />
advisers.<br />
145
The Netherlands<br />
Rutger Hafkenscheid<br />
<strong>Deloitte</strong><br />
Busitel II<br />
Orlyplein 50<br />
1043 DP Amsterdam<br />
The Netherlands<br />
Tel: (31) 20 582 4414<br />
Fax: (31) 20 582 4025<br />
Email: rhafkenscheid@deloitte.nl<br />
Website: www.deloitte.nl<br />
Rutger Hafkenscheid is a tax partner in the Amsterdam office of <strong>Deloitte</strong><br />
Belastingadviseurs, where he advises domestic and multinational clients on tax strategy<br />
and tax decision management.<br />
To this end, Mr Hafkenscheid has developed TxDsysion, an innovative tax decision<br />
methodology that helps clients structure complex tax decisions through modelling the<br />
uncertainties that are inherent in tax decision situations.<br />
146 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
The Netherlands<br />
Monique van Herksen<br />
Baker & McKenzie<br />
Claude Debussylaan 54<br />
1082 MD Amsterdam<br />
PO Box 2720<br />
1000 CS Amsterdam<br />
The Netherlands<br />
Tel: (31) 20 551 7137<br />
Fax: (31) 20 626 7949<br />
Email: monique.vanherksen@bakernet.com<br />
Website: www.bakernet.com/amsterdam<br />
Mrs Van Herksen is qualified both as civil law lawyer and common law lawyer and<br />
specializes in international tax law with an emphasis on transfer pricing, exchange of<br />
information, cross-border transactions, treaties, litigation and competent authority issues.<br />
She is experienced in legal and tax law matters between the US, the Netherlands and the<br />
Netherlands Antilles.<br />
Monique van Herksen worked for a Big Five accounting firm and the Centre on<br />
Transnational Corporations of the United Nations before joining the US Internal<br />
Revenue Service’s Office of Associate Chief Counsel (International) as an attorney adviser.<br />
There her areas of expertise included among others the US-NL treaty, the competent<br />
authority process and transfer pricing. She also served at the IRS’s appeals office and in<br />
the US APA programme.<br />
After five years of service with the US government, Mrs Van Herksen moved to private<br />
practice, first in New York and subsequently in Amsterdam. In July 2001 she joined Baker<br />
& McKenzie’s Amsterdam office as a partner practising in the area of international tax.<br />
She has been involved in a great variety of transfer pricing issues and APAs including<br />
recently the planning/implementing of a CDM structure under the Kyoto Protocol.<br />
Monique van Herksen has taught comparative transfer pricing at the Leiden LLM in<br />
international tax programme since its inception in 1998 and has been engaged to teach for<br />
foreign governments in countries such as the US, the Netherlands, India, Vietnam, Brazil<br />
and Denmark. She frequently gives lectures on comparative international tax matters,<br />
transfer pricing and competent authority issues at international seminars and to<br />
governmental bodies such as the OECD and EU, including the 2005 and 2006 Fiscalis<br />
Programme, which provides internal training to the tax authorities of EU member<br />
countries. She represents the Netherlands at the 2007 International Fiscal Association<br />
Conference.<br />
She regularly writes articles in the area of her expertise in international tax publications.<br />
Monique van Herksen is a member of the American Bar Association, the Bar<br />
Organization of the Netherlands, the Bar of the Commonwealth of Virginia, the Dutch<br />
Association of <strong>Tax</strong> Lawyers and the International Fiscal Association.<br />
Monique van Herksen graduated from the University of Amsterdam Law School in 1988<br />
and received postgraduate degrees in 1989 (LLM in International Trade and Banking,<br />
American University, Washington DC) and 1994 (LLM in taxation, Georgetown<br />
University, Washington DC).<br />
Baker & McKenzie is a leading global law firm with 69 offices in 38 jurisdictions. With a<br />
multinational network of more than 3,000 attorneys and a presence in virtually every<br />
important financial and commercial centre in the world, the firm is able to offer its clients<br />
a truly global service that no other law firm can match.<br />
She speaks Dutch, English, Spanish and Papiamento.<br />
147
The Netherlands<br />
Peter Willeme<br />
<strong>Deloitte</strong><br />
Orlyplein 10<br />
PO Box 58120<br />
1040 HC Amsterdam<br />
The Netherlands<br />
Tel: (31) 20 5824278<br />
Fax: (31) 20 5824020<br />
Email: pwilleme@deloitte.nl<br />
Website: www.deloitte.com<br />
Peter specializes in international taxation issues such as dual residents, hybrids and<br />
joint ventures. Between 2002 and 2003, Peter headed the international tax practice of<br />
<strong>Deloitte</strong> in Europe. He focuses on serving primarily large multinational clients in the<br />
technology and communication industry. Before joining <strong>Deloitte</strong> in 2002, Peter had<br />
over 19 years’ experience in international tax with Andersen. He joined Andersen’s<br />
Amsterdam practice in 1983 and became partner in 1991. From 1993 until 2000 he led<br />
the tax division of the Amsterdam office and from 1999 until 2000 he was office<br />
managing partner in Amsterdam. In 1998 Peter was appointed as leader of the<br />
international tax service line in EMEIA (Europe, Middle East, India and Africa) and<br />
in 2001 as global leader of the international tax service line of Andersen.<br />
In 1996, 1999, 2000, 2001, 2003 and 2005 International <strong>Tax</strong> Review ranked Peter as one<br />
of the best tax advisers in the Netherlands. Peter has published several articles on<br />
taxation in the technology and telecommunication industry in one of the leading<br />
Dutch computer magazines. Further, he was the co-author of an article on permanent<br />
agency in IBFD. Peter is a member of the <strong>Tax</strong> Committee of AMCHAM.<br />
148 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
The Netherlands<br />
Frits G Barnard (see bio)<br />
<strong>Deloitte</strong>, Amsterdam (see advert on inside front)<br />
Andre Boekhoudt<br />
KPMG Meijburg & Co, Amsterdam<br />
Robert Boonacker<br />
Robert Boonacker, Wilnis<br />
Roderik Bouwman (see bio)<br />
DLA Piper, Amsterdam<br />
Ton Daniels<br />
Ernst & Young, Amsterdam<br />
Daan B H de Bruin (see bio)<br />
<strong>Deloitte</strong>, Rotterdam (see advert on inside front)<br />
Maarten de Bruin<br />
Stibbe, Amsterdam<br />
Fred C de Hosson<br />
Baker & McKenzie, Amsterdam<br />
Marco de Lignie<br />
Loyens & Loeff, Amsterdam<br />
Frank de Vos<br />
Clifford Chance, Amsterdam<br />
Guido Derckx<br />
Loyens & Loeff, Amsterdam<br />
Frank Engelen<br />
PricewaterhouseCoopers, Rotterdam<br />
Sicco Faber<br />
PricewaterhouseCoopers, Amsterdam<br />
Maarten Feteris<br />
PricewaterhouseCoopers, Amsterdam<br />
Peter Flipsen<br />
Simmons & Simmons Trenité, Rotterdam<br />
Hans Galavazi<br />
Freshfields Bruckhaus Deringer, Amsterdam<br />
Rutger Hafkenscheid (see bio)<br />
<strong>Deloitte</strong>, Amsterdam (see advert on inside front)<br />
Dick Hofland<br />
De Brauw Blackstone Westbroek, Amsterdam<br />
Wilbert Kannekens<br />
KPMG Meijburg & Co, Amsterdam<br />
Machiel Lambooij<br />
Freshfields Bruckhaus Deringer, Amsterdam<br />
149
The Netherlands<br />
Charles J Langereis<br />
Spigthoff, Amsterdam<br />
Anton Louwinger<br />
Lovells, Amsterdam<br />
Wouter A Paardekooper<br />
Baker & McKenzie, Amsterdam<br />
Marcel Romyn<br />
Ernst & Young, Rotterdam<br />
Erik T H Scheer<br />
Baker & McKenzie, Amsterdam<br />
Paul H M Simonis<br />
Loyens & Loeff, Rotterdam<br />
Paul Sleurink<br />
De Brauw Blackstone Westbroek, Amsterdam<br />
Ewout van Asbeck<br />
Van Doorne, Amsterdam<br />
Hessel van der Kolk<br />
Loyens & Loeff, Amsterdam<br />
Eelco van der Stok<br />
Freshfields Bruckhaus Deringer, Amsterdam<br />
Maarten J M van der Weijden<br />
Loyens & Loeff, Amsterdam<br />
Monique van Herksen (see bio)<br />
Baker & McKenzie, Amsterdam<br />
Stef van Weeghel<br />
Stibbe, Amsterdam<br />
Willem C B van Wettum<br />
Baker & McKenzie, Amsterdam<br />
Bart van Zadelhoff<br />
KPMG Meijburg & Co, Amsterdam<br />
Arnoud C J Viersen<br />
Loyens & Loeff, Amsterdam<br />
Peter Willeme (see bio)<br />
<strong>Deloitte</strong>, Amsterdam (see advert on inside front)<br />
150 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
New Zealand<br />
The new tax paradigm... beat<br />
the rate<br />
Teresa Farac<br />
<strong>Deloitte</strong><br />
Auckland<br />
Thomas Pippos<br />
<strong>Deloitte</strong><br />
Wellington<br />
New Zealand’s tax regime has been predicated on being fair<br />
and free from distortions. To minimize those distortions<br />
regarding the taxation of foreign portfolio investment (FPI),<br />
a new tax regime, known as the Fair Dividend Rate (FDR),<br />
is being introduced. Once it is finally approved by<br />
Parliament, the FDR would be effective from April 1 2007.<br />
Current rules result in material tax distortions for FPI as<br />
between direct and indirect (via a fund) investment, and<br />
between investment in and outside of certain jurisdictions,<br />
known as the grey list. The grey list includes many of New<br />
Zealand’s traditional trading partners that have a robust tax<br />
base, including Australia, Canada, Germany, Japan, Norway,<br />
the UK and the US. Within a grey list jurisdiction, FPI is<br />
generally taxed only on dividends.<br />
Outside the grey list jurisdictions, FPI is generally taxed on<br />
an unrealised mark-to-market basis, which goes further than<br />
clawing back any tax preferences that may be enjoyed, and is<br />
difficult to reconcile with the general premise of no capital<br />
gains tax. The distortion is compounded in a managed funds<br />
context where, due to their scale and pattern of activity, funds<br />
are generally viewed as holding all investments, including<br />
FPI, on revenue account. The main exclusion is passive<br />
tracking funds.<br />
A simple solution would be to extend the grey list to more<br />
countries with robust tax systems and to remove the<br />
investment bias between direct investment and investment<br />
through funds by taxing funds only on dividend income.<br />
According to the government, however, this would not be fair in that not enough<br />
income would flow back into the tax base.<br />
The main features of the proposed regime include:<br />
• no grey list for FPI;<br />
• FPI, other than investment into Australian tax-resident listed companies, would be<br />
subject to an FDR method;<br />
• Australian FPI not subject to FDR and equity investments in New Zealand would<br />
no longer be treated as being held on revenue account; and<br />
• the initial FDR rate would be 5%. Individuals and family trusts can reduce its<br />
impact in certain cases.<br />
In short, the FDR methodology taxes investors at a flat level of gross income<br />
calculated at 5% of the market value of investments held at the beginning of the tax<br />
year. Nuances include:<br />
• no ability to recognise and carry forward investment losses;<br />
• individuals and family trusts could pay tax at a lower rate if they undertake complex<br />
calculations to establish that their economic income is less than the 5% rate. The<br />
expectation is that for them their effective FDR will be around 3.5%;<br />
• managed funds would need to calculate the 5% gross income on a daily rather than<br />
annual basis; and<br />
• investments without a readily available market value would have notional income<br />
calculated at 5% of the cost, with the cost compounding by 5% annually with<br />
limited options to review to a true market value.<br />
151
New Zealand<br />
While the FDR proposals should result in a similar level of tax payable to what would<br />
be payable if only dividends were taxable, this will not always be the case.<br />
FDR has elements of a capital gains tax to the extent that the FDR rate is perceived to<br />
be greater than what is fair. It could also be said that FDR is no more than an asset tax,<br />
given the complete disconnection to the actual income that is derived. For example, if<br />
an investor purchases $100,000 of shares. In the next year, the shares are worth<br />
$80,000, with no tax payable (for certain direct investors). If the shares then rise in<br />
value at the rate of 6% per annum, they will be worth $84,800, $89,888, $95,281 and<br />
$101,000 in the following income years. The investor is taxed on 5% of these opening<br />
values in each income year, which represent no more than a recovery of economic<br />
value.<br />
This will be difficult for many taxpayers to comprehend and unlikely to result in<br />
positive views on the fairness of the system.<br />
The approach also encourages a beat the rate mentality, where high-yielding<br />
investments will be structured into the FDR approach to reduce their effective tax rate,<br />
resulting in guaranteed investment return type rules.<br />
The effective FDR rate for some investors of 3.5% also incentivises direct investment<br />
into nonresident funds (to ultimately be exposed to an expected 3.5% FDR) rather<br />
than the 5% rate.<br />
The impetus to remove investment distortions has been in part achieved. However, as<br />
the FDR rules have a general disconnection to economic or traditional concepts of<br />
income, they can result in inequities. They also create a beat the rate incentive.<br />
The nuances, both positive and negative, that will flow from the new rules are likely<br />
to engross investors and advisors for a considerable time to come. Outside of a funds<br />
context, the measures are only likely to be viewed positively by investors if they believe<br />
they can beat the rate.<br />
152 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
New Zealand<br />
Teresa Farac<br />
<strong>Deloitte</strong><br />
<strong>Deloitte</strong> House, 8 Nelson Street, PO Box 33<br />
Shortland Street<br />
Auckland<br />
New Zealand<br />
Tel: (64) 9 303 0845<br />
Fax: (64) 4 309 4947<br />
Email: tfarac@deloitte.co.nz.<br />
Website: www.deloitte.co.nz<br />
Teresa Farac, a specialist in international tax matters and mergers and acquisitions, has<br />
over 26 years of experience in tax, including 16 years as a partner.<br />
Teresa advises clients in a wide range of industries and has strong credentials in the<br />
energy and mining, and financial services sectors. She also has extensive experience in<br />
corporate structuring and tax investigations and disputes.<br />
She is a fellow of the New Zealand Institute of Chartered Accountants.<br />
153
New Zealand<br />
Thomas Pippos<br />
<strong>Deloitte</strong><br />
<strong>Deloitte</strong> House, 10 Brandon Street<br />
PO Box 1990<br />
Wellington<br />
New Zealand<br />
Tel: (64) 4 495 3921<br />
Fax: (64) 4 472 8023<br />
Email: tpippos@deloitte.co.nz<br />
Website: www.deloitte.co.nz<br />
Thomas Pippos has been with <strong>Deloitte</strong> since 1986 and currently leads the New Zealand<br />
tax practice.<br />
Thomas predominantly acts for New Zealand’s largest corporates. He has broad<br />
corporate tax experience including extensive international and transactional experience.<br />
Thomas is also extensively involved in advising on tax policy matters, as he is the co-lead<br />
tax advisor to the Corporate <strong>Tax</strong>payer Group. He was previously seconded to the office<br />
of the Minister of Revenue to provide the New Zealand Government with independent<br />
policy advice.<br />
Thomas is qualified in both law and accountancy.<br />
154 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
New Zealand<br />
Kevin Best<br />
PricewaterhouseCoopers, Wellington<br />
Brendan Brown<br />
Russell McVeagh, Wellington<br />
Niels Campbell<br />
Bell Gully, Auckland<br />
Teresa Farac (see bio)<br />
<strong>Deloitte</strong>, Auckland (see advert on inside front)<br />
Richard Green<br />
Barrister, Auckland<br />
Geoff Harley<br />
Barrister, Wellington<br />
Lindsay McKay QC<br />
Barrister, Auckland<br />
David J Patterson<br />
Minter Ellison Rudd Watts, Wellington<br />
Thomas Pippos (see bio)<br />
<strong>Deloitte</strong>, Wellington (see advert on inside front)<br />
Casey Plunket<br />
Chapman Tripp, Auckland<br />
Richard Scoular<br />
Russell McVeagh, Auckland<br />
John Shewan<br />
PricewaterhouseCoopers, Wellington<br />
David Simcock<br />
Bell Gully, Auckland<br />
Fred Ward<br />
Russell McVeagh, Auckland<br />
155
Norway<br />
Svein G Andresen<br />
KPMG<br />
KPMG Huset – Sørkedalsveien 6<br />
Pb 7000 Majorstuen, N-0306 Oslo<br />
Norway<br />
Tel: (47) 21 09 2748; (47) 9161 9395<br />
Fax: (47) 21 09 2945<br />
Email: svein.andresen@kpmg.no<br />
Website: www.kpmg.no<br />
Svein G Andresen is a partner at KPMG Law Advokatfirma. He graduated from the<br />
University of Oslo in 1990.<br />
Svein has been with KPMG for 12 years and has extensive experience within the<br />
banking, insurance, shipping, oil service and processing industry. Before joining<br />
KPMG, Svein worked for four years as a consultant in the Norwegian Directorate of<br />
<strong>Tax</strong>es and as an adviser at the Central <strong>Tax</strong>ation Office of large entities.<br />
Svein is the tax partner in charge of international corporate tax, global transfer-pricing<br />
services and global tax outsourcing in KPMG Norway. His professional experience<br />
includes international taxation (especially cross-border tax planning and<br />
reorganizations) and transfer pricing. His clients are mainly listed Norwegian<br />
companies and large foreign multinationals with operations in Norway. Svein<br />
frequently speaks at seminars on international corporate tax and transfer-pricing issues.<br />
He was admitted to the Bar in 1997. He is also a member of IFA.<br />
156 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Norway<br />
Bjørn Kleiven<br />
BDO Noraudit Advokater DA<br />
Munkedamsveien 45<br />
PO Box 1704, Vika<br />
N-0121 Oslo<br />
Norway<br />
Tel: (47) 23 11 91 00<br />
Fax: (47) 23 11 92 30<br />
Email: bjorn.kleiven@bdonoraudit.no<br />
Website: www.bdonoraudit.no<br />
Bjørn Kleiven is partner at BDO Noraudit Advokater DA.<br />
Bjørn Kleiven advises Norwegian and foreign clients on domestic and international tax<br />
issues, as well as company law, accounting law and related areas. He has for many years<br />
specialized in mergers, demergers, acquisitions and reorganizations of business<br />
activities, and planning and reorganization of family-owned businesses. He has been<br />
involved in several large company takeovers and reorganizations.<br />
Bjørn Kleiven graduated from the University of Oslo in 1976, and specialized in<br />
taxation. He was admitted to the Bar in 1983. He is also a member of IFA.<br />
Bjørn Kleiven has been lecturing and writing on tax issues for many years, and has also<br />
been teaching tax law at the College of Economics in Oslo.<br />
After two years with the tax authorities he joined Peat Marwick Mitchell & Co, first<br />
as an assistant accountant in The Hague, and then as a tax lawyer in Oslo. He has been<br />
counsel and legal adviser to the Accountants <strong>Tax</strong> Information Office (Institute of<br />
Chartered Accountants as well as Registered Accountants), and has been in charge of<br />
tax departments in AS Revision/<strong>Deloitte</strong> Haskins & Sells and Ernst & Whinney. For<br />
eight years Bjørn Kleiven was a partner and led the tax practice at Advokatfirmaet<br />
Selmer DA.<br />
BDO Noraudit Advokater DA is an independent law firm. The firm specializes in<br />
domestic and international taxation, VAT and customs duties, company law and<br />
accounting law and regulations. The companies law and accounting law effective from<br />
1999 raised a range of issues with regard to mergers and acquisitions and<br />
reorganizations of business activities in Norway, and so has the tax reform in 2004-<br />
2006. The firm can work in teams with other entities in BDO Noraudit throughout<br />
Norway, as well as with other law firms and international networks, BDO and others.<br />
BDO Noraudit is among the big five accounting and consulting groups in Norway.<br />
157
Norway<br />
Anders H Liland<br />
KPMG Law Advokatfirma DA<br />
KPMG Huset – Sørkedalsveien 6<br />
PO Box 7000 Majorstuen, N-0306 Oslo<br />
Norway<br />
Tel: (47) 2109 2702; (47) 9074 4108 (mobile)<br />
Fax: (47) 2109 2942<br />
Email: anders.liland@kpmg.no<br />
Website: www.kpmg.no<br />
Anders H Liland is a partner and Norwegian country leader of KPMG Global<br />
International Corporate <strong>Tax</strong>. He is a specialist in both national and international<br />
taxation, company law and mergers and acquisitions. He is also active as a litigator in the<br />
courts.<br />
He has wide experience of advising both Norwegian and multinational clients on crossborder<br />
investments, mergers and acquisitions and other national and international tax<br />
matters. He is author of Fusjon av selskaper [Merger of Companies], and author or coauthor<br />
of several books and articles on taxation and company law. From 1988 to 1990,<br />
Mr Liland was a member of the committee appointed by the Ministry of Finance which<br />
advised on Norwegian tax reform in 1992.<br />
Anders H Liland graduated from the University of Oslo in 1982 (jurisprudence), where<br />
he worked as a research assistant during the latter part of his study. Before joining KPMG<br />
in 1993, Mr Liland served as legal counsel in the Ministry of Finance and as a deputy<br />
judge in a city court. He has also worked as an attorney-at-law in another law firm.<br />
158 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Norway<br />
Rolf J Saastad<br />
<strong>Deloitte</strong><br />
Karenslyst alle 20<br />
PO Box 347 Skøyen<br />
0213 Oslo<br />
Norway<br />
Tel: (47) 23 27 96 15<br />
Fax: (47) 23 27 96 01<br />
Email: rsaastad@deloitte.no<br />
Website: www.deloitte.no<br />
Rolf J Saastad is a tax partner in the Oslo office of <strong>Deloitte</strong>. From 1994 to 1996, Rolf<br />
worked for the Norwegian tax authorities, focusing specifically on the assessment of<br />
international tax issues for large Norwegian multinationals. He joined <strong>Deloitte</strong> in 1996<br />
and became a partner in 2000. Today he heads the international tax service line of<br />
<strong>Deloitte</strong> in Norway.<br />
Rolf advises larger Norwegian multinationals on their outbound investments. He also<br />
has extensive experience in advising various international clients on their inbound<br />
investments in Norway. As the lead client partner of several large multinational clients<br />
headquartered in Oslo, he has a large network within the international <strong>Deloitte</strong><br />
organization.<br />
Rolf has substantial experience in mergers and acquisitions tax services. He has<br />
provided tax services on several of the largest transactions in Norway over the last few<br />
years. In particular he has advised several foreign private equity funds with tax<br />
structuring and due diligence services on their investments into the Nordic region and<br />
acquisition of Norwegian targets. Rolf regularly advises several Norwegian financial<br />
institutions/insurance companies on investment in private equity and real estate funds.<br />
For the second year, International <strong>Tax</strong> Review has named Rolf as one of the leading<br />
international tax advisers in Norway.<br />
Rolf studied law at the University of Oslo, graduating in 1994. He is a lawyer and was<br />
admitted to the bar in 1999. He is fluent in English and Norwegian.<br />
159
Norway<br />
Panama<br />
Svein G Andresen (see bio)<br />
KPMG, Oslo<br />
Morten Beck<br />
PricewaterhouseCoopers, Oslo<br />
Christian Bruusgaard<br />
Thommessen Krefting Greve Lund, Oslo<br />
Arne Haavind<br />
Haavind Vislie, Oslo<br />
Einar Harboe<br />
Harboe & Co, Oslo<br />
Marianne Iversen<br />
Wikborg Rein, Oslo<br />
Jan B Jansen<br />
Arntzen de Besche, Oslo<br />
Bjørn Kleiven (see bio)<br />
BDO Noraudit, Oslo<br />
Sverre E Koch<br />
Thommessen Krefting Greve Lund, Oslo<br />
Anders H Liland (see bio)<br />
KPMG, Oslo<br />
Henning Naas<br />
Thommessen Krefting Greve Lund, Oslo<br />
Rolf J Saastad (see bio)<br />
<strong>Deloitte</strong>, Oslo (see advert on inside front)<br />
Trond Sanfelt<br />
Wiersholm Mellbye & Bech, Oslo<br />
Arvid Aage Skaar<br />
Wiersholm Mellbye & Bech, Oslo<br />
Per Oskar Tobiassen<br />
Ernst & Young, Oslo<br />
Nicolay Vold<br />
Wiersholm Mellbye & Bech, Oslo<br />
Hans Georg Wille<br />
Ernst & Young, Oslo<br />
Rogelio de la Guardia<br />
Arias Fabrega & Fabrega, Panama City<br />
160 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Poland<br />
Marek Metrycki<br />
<strong>Deloitte</strong><br />
ul Piekna 18<br />
00-549 Warsaw<br />
Poland<br />
Tel: (22) 511 0811/12<br />
Fax: (22) 511 0813<br />
Email: mmetrycki@deloittece.com<br />
Website: www.deloitte.com<br />
Marek Metrycki is the partner in charge of <strong>Deloitte</strong>’s tax practice in Poland, Estonia,<br />
Lithuania and Latvia. His experience covers a wide range of industries, especially real<br />
estate, energy and gas, telecommunication and FMCG.<br />
Marek is a certified tax adviser and has many years of experience in tax advisory<br />
services to top Polish and foreign companies operating on the Polish market. He has<br />
profound expertise in the field of planning domestic and international transactions,<br />
particularly in the area of indirect taxation. A substantial amount of his practice<br />
involves finding solutions to strategic tax problems faced by clients, recommending<br />
tax-effective structures and providing continuous advice. He represents clients in<br />
major disputes with tax authorities including tax court proceedings.<br />
He has written a number of articles regarding the Polish tax law and is a recognized<br />
speaker at various tax conferences and forums.<br />
Marek is president of the Polish Association of Consulting Employers at the Polish<br />
Confederation of Private Employers.<br />
161
Poland<br />
Leszek Tokarski<br />
<strong>Deloitte</strong><br />
ul Piekna 18<br />
00-549 Warsaw<br />
Poland<br />
Tel: (48) 22 511 06 62<br />
Fax: (48) 22 511 08 13<br />
Email: ltokarski@deloittece.com<br />
Website: www.deloitte.com<br />
Leszek Tokarski is a partner leading the financial institutions services group of<br />
<strong>Deloitte</strong>. He also heads the energy and fuel sector advisory team. Leszek specializes in<br />
the provision of ad hoc advisory services to clients on taxation of services and financial<br />
instruments, both on- and off-balance sheet items. He is also one of the few tax lawyers<br />
in Poland specializing in securization transactions. Leszek advises a number of leasing<br />
companies, both those dealing with small-ticket leasing and those engaged in<br />
structured transactions of leasing of real property and objects of high value. He<br />
conducts advisory services for many key banks, leasing firms and insurance companies,<br />
and also as a proxy in tax and court proceedings.<br />
During his three-year tenure with the Ministry of Finance, Leszek Tokarski worked on<br />
a special team formed to establish new tax regulations in Poland after the<br />
transformation of 1989. In particular, he was involved in developing the provisions of<br />
the corporate income tax act, the act on tax on goods and services, and excise duty, as<br />
well as the executive acts. He actively participated in the legislative process of these<br />
acts and conducted training sessions in the legislation for fiscal authorities, state<br />
institutions and private entrepreneurs.<br />
From 1994 to 2000 he worked in the tax department of KPMG Polska and, after 1999,<br />
as a partner in KPMG CEE. He advised clients from all industries on their tax<br />
obligations in Poland, international tax law and business law. Between 1998 and 1999,<br />
after the financial sector became consolidated in Poland, he created a financial<br />
institutions’ division specializing in tax and legal services to banks, insurance<br />
companies, leasing companies, and so on. He joined <strong>Deloitte</strong> as a partner in 2001.<br />
162 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Poland<br />
Mariusz Aleksandrowicz<br />
Linklaters, Warsaw<br />
Miroslaw Barszcz<br />
Baker & McKenzie, Warsaw<br />
Slawomir Boruc<br />
Baker & McKenzie, Warsaw<br />
Janusz Fiszer<br />
White & Case, Warsaw<br />
Tomasz Grunwald<br />
KPMG <strong>Tax</strong>, Warsaw<br />
Tomasz Kacymirow<br />
Dewey Ballantine, Warsaw<br />
Robert Krasnodebski<br />
Weil Gotshal & Manges, Warsaw<br />
Janusz Marciniuk<br />
Marciniuk & Partners, Warsaw<br />
Mariusz Marecki<br />
PricewaterhouseCoopers, Warsaw<br />
Jerzy Martini<br />
Baker & McKenzie, Warsaw<br />
Marek Metrycki (see bio)<br />
<strong>Deloitte</strong>, Warsaw (see advert on inside front)<br />
Tomasz Michalik<br />
MDDP Michalik Dluska Dziedzic i Partnerzy, Warsaw<br />
Dorota Szubielska<br />
Chadbourne & Parke, Warsaw<br />
Leszek Tokarski (see bio)<br />
<strong>Deloitte</strong>, Warsaw (see advert on inside front)<br />
163
Portugal<br />
Luís Belo<br />
<strong>Deloitte</strong><br />
Praça Duque de Saldanha, 1 – 7º<br />
Edifício Duque de Saldanha<br />
1050-094 Lisbon<br />
Portugal<br />
Tel: (351) 210 427 611<br />
Fax: (351) 210 427 950<br />
Email: lbelo@deloitte.pt<br />
Website: www.deloitte.com<br />
Luís Belo is the tax partner responsible for the manufacturing, consumer business, ATS<br />
and energy and resources groups within <strong>Deloitte</strong> Portugal. He is also the leader of the<br />
mergers and acquisitions group of the Portuguese tax practice.<br />
Prior to joining <strong>Deloitte</strong> in 2002, Luís was at Arthur Andersen, where he was promoted<br />
to partner in 1999.<br />
Luís is experienced in advising international clients in all aspects of taxation planning.<br />
He has extensive experience advising national and multinational clients in structuring<br />
and restructuring investments and operations. As a tax consultant, he has worked with<br />
several international and Portuguese clients of various sizes in virtually all sectors.<br />
He is the author of a number of tax articles published in various magazines and has<br />
spoken at many seminars held in Portugal and abroad. He has also lectured in tax as<br />
part of the IESF postgraduate programmes.<br />
Luís is a member of the fiscal board of various companies.<br />
He graduated in economics from the Lisbon New University in 1988.<br />
164 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Portugal<br />
Fernando Castro Silva<br />
Garrigues Portugal<br />
Av Engº Duarte Pacheco, Torre 1 – 15º<br />
1070-101 Lisbon<br />
Portugal<br />
Tel: (351) 213 821 200<br />
Fax: (351) 213 821 290<br />
Email: fernando.castro.silva@garrigues.com<br />
Website: www.garrigues.com<br />
Fernando Castro Silva is the head of the tax practice of Garrigues in Portugal, where<br />
he joined in February 2006 as a partner.<br />
He has been a member of the Portuguese Bar Association since 1984, where he holds<br />
the degree of expert in tax law (2005). He is a former member of the Portuguese<br />
Chartered Public Accountants Association.<br />
Fernando Castro Silva specializes in tax, advising domestic and multinational groups,<br />
especially in the areas of tax planning, mergers, acquisitions and restructurings,<br />
transfer pricing and global tax minimization; he is also recognized as an expert in tax<br />
litigation and compliance. Some of his clients are major Portuguese and international<br />
banks and finance companies, multinationals and real estate-related entities.<br />
He was a member of the <strong>Tax</strong> Reform Commission (1999-2001), which introduced a<br />
large number of reforms in tax law, namely the new legal framework of transfer<br />
pricing, and also a member of the <strong>Tax</strong> Reform Commission for the Reform of <strong>Tax</strong><br />
Incentives (2006) both by appointment of the Minister of Finance.<br />
He is member of the jury for the aggregation of tax experts in the Portuguese Bar<br />
Association.<br />
He has spoken at several seminars and conferences on Portuguese tax law and has<br />
published several tax studies.<br />
165
Portugal<br />
Diogo Leite de Campos<br />
PLMJ – AM Pereira, Sáragga Leal, Oliveira Martins, Júdice e Associados –<br />
Sociedade de Advogados<br />
Edifício Eurolex, Av da Liberdade, 224<br />
1250-148 Lisbon<br />
Portugal<br />
Tel: (351) 21 319 73 00<br />
Fax: (351) 21 319 74 00<br />
Email: dlc@plmj.pt<br />
Website: www.plmj.com<br />
Diogo Leite de Campos, born 1944, specializes in contracts law, corporate law, financial<br />
law and tax law.<br />
Between 1994 and 200, he was a member of the board of Banco de Portugal and<br />
president of the council of the CMVM (Capital Markets Authority). He is a member of<br />
the management boards of several scientific associations in the fields of law and<br />
economics. On several occasions, Mr de Campos has been a board member of the faculty<br />
of law of Coimbra and other universities. He is also a member of several working groups<br />
within the <strong>Tax</strong> Affairs Committee of the OECD.<br />
Mr de Campos holds diplomas of honour from scientific and professional associations.<br />
He is also the holder of several decorations.<br />
He has taken part in conferences, or lectured, at the Universities of Paris II, Poitiers,<br />
Bordeaux I, Rome La Sapienza, Santiago de Compostella and Salamanca; at the Federal<br />
Universities of Rio de Janeiro, Niterói, Paraná, Rio Grande do Sul, Minas Gerais,<br />
Fluminense (Brazil), Finance Academy (Moscow), Charles of Prague, and Harvard; and<br />
at the Portuguese Catholic University, Free University and the Autonomous University<br />
of Lisbon, among others. He has also taken part in conferences and chaired seminars at<br />
scientific and business associations in several countries. He is the author of preparatory<br />
works for legislative reform in private and fiscal law (leasing, securitization, banking law<br />
of Macau, general tax law, family tax law, and so on). He has written more than 150 works<br />
in law, published in Portugal, Spain, Brazil, Canada, France, the Netherlands, Russia, the<br />
Czech Republic, Argentina and Mexico.<br />
Mr de Campos graduated in law from the University of Coimbra and received his MA<br />
in jurisprudence from the same university. He received a DEA masters in history from<br />
the University of Paris IV and from EHESS (Paris), a PhD in economics from the<br />
University of Paris IX, PhDs in law from the University of Coimbra and from the<br />
University of Paris II, and an aggregate in law from the University of Coimbra. Mr de<br />
Campos is professor of the faculty of law at the University of Coimbra.<br />
166 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Portugal<br />
Francisco de Sousa da Câmara<br />
Morais Leitão, Galvão Teles, Soares da Silva & Associados<br />
Rua Castilho, 165<br />
1070-050 Lisbon<br />
Portugal<br />
Tel: (351) 21 381 74 35<br />
Fax: (351) 21 381 74 90<br />
Email: fscamara@mlgts.pt<br />
Francisco de Sousa da Câmara focuses his professional activity on the areas of tax law<br />
(domestic and international), tax litigation and corporate and commercial law<br />
Mr de Sousa da Câmara joined MLGTS in 1986, becoming a partner in 1991. He is<br />
now head of the tax practice group. He represents major corporations and<br />
multinationals in tax restructuring operations dealing with different types of taxes, as<br />
well as matters related to the application of double taxation treaties and EC tax law.<br />
He has also actively worked in the areas of transfer pricing, in both the drafting of<br />
agreements and litigation before the tax authorities and tax courts; the taxation of<br />
derivatives and financial products; securitization; and the structure of international<br />
operations using the International Business Center of Madeira. <strong>Tax</strong> litigation also<br />
plays a significant role in his professional activities, and he leads a team of lawyers with<br />
over 200 judicial and administrative cases, dealing with a wide range of tax issues.<br />
He is a member of several committees of experts in charge of drafting the revised tax<br />
legislation. He is also a visiting professor of international tax law at Nova University.<br />
Mr de Sousa da Câmara is chairman of the Portuguese Association of <strong>Tax</strong> Consultants,<br />
and a member of the Portuguese <strong>Tax</strong> Association, International Fiscal Association,<br />
European Association of <strong>Tax</strong> Law Professors and the Confederation Fiscale<br />
Européenne.<br />
He is author of several articles published on tax subjects and a correspondent in<br />
Portugal for the International Bureau of Fiscal Documentation, <strong>Tax</strong> Analysts and the<br />
EU <strong>Tax</strong> Journal.<br />
He received his law degree in 1986, completed postgraduate studies in EU law in<br />
1987, and received his masters in tax and financial law in 1992 from the Portuguese<br />
Catholic University. He has been a member of the Portuguese Bar Association since<br />
1988 and is a specialist lawyer in tax law (2004).<br />
Mr de Sousa da Câmara speaks Portuguese, English and French.<br />
167
Portugal<br />
Rosa Freitas<br />
<strong>Deloitte</strong><br />
Edifício Atrium Saldanha<br />
Praça Duque de Saldanha, 1 -6º<br />
1050-094 Lisbon<br />
Portugal<br />
Tel: (351) 21 0427518<br />
Fax: (351) 21 0427952<br />
Email: rosoares@deloitte.pt<br />
Website: www.deloitte.com<br />
Rosa Freitas is a partner in the Portugal office of <strong>Deloitte</strong>, responsible for leading the<br />
transfer-pricing practice within human resources consulting.<br />
Prior to joining <strong>Deloitte</strong> in 2002, Rosa worked at Arthur Andersen, where she began<br />
in 1988 as an assistant, was promoted to senior in 1990, to manager in 1993 and to<br />
partner in 1999.<br />
She is in charge of a significant portfolio of clients, both at the national and international<br />
level. In addition to providing tax advice on a continuous basis to clients, focusing on the<br />
tax planning aspects of their businesses and developing tax-efficient structures and<br />
products, she has participated in numerous projects involving the restructuring of both<br />
Portuguese and international groups.<br />
She has relevant experience in the banking/financial services sector, both in dealing<br />
with the tax issues of banks/financial institutions and in the tax structuring of financial<br />
products. She has also developed expertise in individual income taxes, social security<br />
regimes and wealth/estate tax planning issues. In 1999, she launched a new human<br />
resources service in Portugal which covers expatriation and international assignment<br />
services.<br />
Since June 2006, she has accepted another challenge: heading the Portuguese transferpricing<br />
practice.<br />
She has attended several training courses in Portugal and abroad and has lectured at a<br />
number of conferences on tax and human resource matters. Rosa has also written<br />
several articles on tax and human resource matters for newspapers and other<br />
publications.<br />
Rosa received her law degree from the University of Lisbon Law School, in 1985.<br />
168 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Portugal<br />
António Lobo Xavier<br />
Morais Leitão, Galvão Teles, Soares da Silva & Associados<br />
Av da Boavista, 3265 – 5.2<br />
Edifício Oceanvs<br />
4100-137 Porto<br />
Portugal<br />
Tel: (351) 22 616 69 50<br />
Fax: (351) 22 616 38 10<br />
Email: alx@mlgts.pt<br />
Website: www.mlgts.pt<br />
António Lobo Xavier became a partner at MLGTS in 2006. He is now head of the tax<br />
law II practice group in Oporto.<br />
From 1989 to 2005 he practised law at Osório de Castro Verde Pinho Vieira Peres<br />
Lobo Xavier e Associados – Sociedade de Advogados.<br />
Mr Lobo Xavier works with large national and multinational companies in the areas<br />
of finance, telecommunications and industry, as a member of the board of directors,<br />
and as an adviser on finance and tax law. He is responsible for several organizational<br />
and restructuring operations, and mergers and acquisitions, mainly as an expert in<br />
subjects related to double taxation treaties, VAT and corporate income tax. He has also<br />
actively intervened in several arbitration proceedings.<br />
Mr Lobo Xavier was a member of the Portuguese Parliament at various times between<br />
1983 and 1996, and was the leader of his party’s parliamentary group between 1992<br />
and 1994. He was a participant in the Fiscal Reform Commission of 1998.<br />
He has been a member of the Portuguese Bar Association since 2005. He was a<br />
member of the superior counsel of the Administrative and Fiscal Courts (1986 to<br />
1991), of the advisory board of ACEGE (Association of Managers and Catholic<br />
Entrepreneurs), of the board of the Commercial Association of Porto, and of the board<br />
of Fundação de Serralves.<br />
169
Portugal<br />
Miguel Leónidas Rocha<br />
<strong>Deloitte</strong><br />
Edifício Atrium Saldanha<br />
Pr Duque de Saldanha, 1 – 6º<br />
1050-094 Lisbon<br />
Portugal<br />
Tel: (351) 21 042 75 30<br />
Fax: (351) 21 042 79 52<br />
Email: mirocha@deloitte.pt<br />
Website: www.deloitte.com<br />
Miguel Leónidas Rocha is the partner responsible for the financial services tax<br />
department for <strong>Deloitte</strong> Portugal. Prior to joining <strong>Deloitte</strong> in 2002, he was a director at<br />
Arthur Andersen.<br />
Mr Rocha’s professional experience centres on tax strategy planning as regards the<br />
structure of economic groups, compliance with fiscal and parafiscal obligations and<br />
advising companies – in particular credit institutions, financial institutions and insurance<br />
companies – on tax matters.<br />
He is also responsible for the tax audit of several companies in the financial sector,<br />
including commercial banks, investment banks, insurance companies, specialized credit<br />
institutions and securities and real estate investment funds.<br />
Mr Rocha’s major projects include:<br />
• tax due diligence in the integration of an important Portuguese insurance group into<br />
a European group;<br />
• tax due diligence in the acquisition of a big Portuguese financial group;<br />
• tax advice in several structured leasing operations, securitization tax and other<br />
structured transactions; and<br />
• coordination of transfer-pricing studies, with special emphasis on the financial area.<br />
Mr Rocha has lectured and participated in various professional training courses in<br />
Portugal, and has published several articles in newspapers and specialist taxation<br />
magazines.<br />
Mr Rocha graduated in law from Lisbon Catholic University (1988). He has a<br />
postgraduate qualification in European studies from Lisbon Catholic University (1989),<br />
and a postgraduate degree in management and taxation from the Institute of Financial<br />
and <strong>Tax</strong>ation Higher Studies (1992).<br />
170 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Portugal<br />
Manuel Anselmo Torres<br />
Galhardo Vilão Torres, Lisbon<br />
Rui Barreira<br />
Rui Barreira Magalhães Correia Teresa Carregueiro, Lisbon<br />
Luís Belo (see bio)<br />
<strong>Deloitte</strong>, Lisbon (see advert on inside front)<br />
Fernando Castro Silva (see bio)<br />
Garrigues Portugal, Lisbon<br />
Diogo Leite de Campos (see bio)<br />
PLMJ - AM Pereira Sáragga Leal Oliveira Martins, Lisbon<br />
Francisco de Sousa da Câmara (see bio)<br />
Morais Leitão Galvão Teles Soares da Silva & Associados, Lisbon<br />
Joao Espanha<br />
Espanha e Associados, Lisbon<br />
Rogério M Fernandes Ferreira<br />
PLMJ - AM Pereira Sáragga Leal Oliveira Martins, Lisbon<br />
Rosa Freitas (see bio)<br />
<strong>Deloitte</strong>, Lisbon (see advert on inside front)<br />
António Lobo Xavier (see bio)<br />
Morais Leitão Galvão Teles Soares da Silva & Associados, Porto<br />
Diogo Ortigão Ramos<br />
Gonçalves Pereira Castelo Branco e Associados, Lisbon<br />
Miguel Leónidas Rocha (see bio)<br />
<strong>Deloitte</strong>, Lisbon (see advert on inside front)<br />
Miguel Teixeira de Abreu<br />
Abreu Cardigos & Associados, Lisbon<br />
171
Russia<br />
Lioudmila Mamet<br />
PricewaterhouseCoopers<br />
Kosmodamianskaya Nab 52, Bldg 5<br />
115054 Moscow<br />
Russia<br />
Tel: (7) 495 967 6000<br />
Fax: (7) 495 967 6001<br />
Email: lioudmila.mamet@ru.pwc.com<br />
Website: www.pwc.ru<br />
Lioudmila Mamet is a senior partner and deputy general director of Pricewaterhouse-<br />
Coopers Russia. She is generally recognized as the leading adviser on the Russian tax<br />
system, a reputation grounded in her understanding of both the needs of international<br />
investors and the legal and cultural imperatives of the Russian authorities.<br />
As a former senior government official with 15 years of experience in the Russian<br />
Ministry of Finance, Lioudmila maintains relationships with the Ministry of Finance,<br />
the Federal <strong>Tax</strong> Service and other state bodies on different levels. She represents the<br />
firm in the Russian Union of Industrialists and Entrepreneurs and in the Chamber of<br />
Commerce and Industry of the Leningrad region, delivering professional opinions on<br />
how to develop the Russian tax system to ensure the stable growth of large and midsized<br />
business in Russia.<br />
While serving as head of the international tax department of the Ministry of Finance,<br />
Lioudmila was responsible for drafting tax legislation for the first joint ventures,<br />
administering tax laws relating to foreign legal entities, foreign individuals and joint<br />
ventures, and for negotiating double tax treaties. Lioudmila has been involved in<br />
negotiations for a great number of tax treaties, and is one of the few true experts in this<br />
area. She has participated in double tax treaty negotiations with the UK, the<br />
Netherlands, Denmark, Finland, Spain, Italy, Switzerland, Greece, Cyprus, Japan, the<br />
USA, Malaysia, China, Korea, Brazil, Canada and a number of other countries.<br />
After joining PricewaterhouseCoopers Russia in 1990, Lioudmila led the firm’s Russian<br />
tax and legal practice for 11 years. She has advised leading Russian enterprises,<br />
multinational corporations and joint ventures on elaborating inbound investment<br />
strategies, assessing the tax implications of reorganization and acquisitions, and managing<br />
negotiations and disputes with the tax authorities. Her experience has ranged from<br />
assisting in negotiations with a local tax office for manufacturing site permits to agreeing<br />
tax holidays, from obtaining orders for lifting arrest on bank accounts to negotiating on<br />
behalf of clients following tax office inspections. Her client list has included large<br />
multinationals and flagship Russian companies from such varied industries as the<br />
consumer goods sector, the pharmaceutical industry, the transportation sector, the oil and<br />
gas sector, banking and insurance.<br />
Lioudmila Mamet is a member of the Russian branch of the International Fiscal<br />
Association. She is also a member of The Committee of 20, a non-profit organization of<br />
the most successful Russian businesswomen. In PricewaterhouseCoopers, Lioudmila<br />
heads the charity committee and leads all charity activities of the firm in Russia.<br />
172 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Russia<br />
Sergey G Pepeliaev<br />
Pepeliaev, Goltsblat & Partners<br />
Krasnopresnenskaya nab. 12,<br />
Entrance 7, World Trade Center-II<br />
Moscow 123610<br />
Russia<br />
Tel: (7) 495 967 0007<br />
Fax: (7) 495 967 0008<br />
Email: info@pgplaw.ru<br />
Website: www.pgplaw.ru<br />
Sergey Pepeliaev, JD, is a managing partner of Pepeliaev, Goltsblat & Partners, the<br />
biggest full-service law firm operating in Russia today. Sergey Pepeliaev specializes in tax<br />
law, constitutional law and arbitration proceedings.<br />
Sergey Pepeliaev has vast expertise of providing legal support for major projects, of<br />
drafting legislation and handling tax disputes in arbitration courts, courts of general<br />
jurisdiction, the Supreme Court and the Constitutional Court of the Russian Federation.<br />
He has, on numerous occasions, attended sessions of the Supreme Arbitration Court of<br />
the Russian Federation dealing with taxation and financial issues and has been invited by<br />
the Russian Constitutional Court as an expert on taxation.<br />
Mr Pepeliaev acts as adviser to the State Duma Budget and <strong>Tax</strong> Committee, was actively<br />
involved in debating and finalizing the draft <strong>Tax</strong> Code of the Russian Federation and in<br />
projects aimed at improving Russian tax legislation, including those under the auspices<br />
of TACIS.<br />
Mr Pepeliaev is on the Panel of Experts of the Federation Council Committee for Legal<br />
and Judicial Matters. He is a Themis Prize winner, a member of the Presidium of the<br />
Russian <strong>Tax</strong> Law Association and a fellow of the International Fiscal Association (IFA).<br />
He has written a number of training manuals, books and articles underlying current<br />
Russian tax law.<br />
Sergey Pepeliaev has frequently headed groups of lawyers involved in large-scale judicial<br />
defence, auditing, management and legal consulting projects, both at the request of<br />
major Russian and foreign companies across various sectors and as part of World Bank<br />
programmes. His project work consists of drafting of litigation documents,<br />
representation before courts, auditing procedures, appraisal of current and potential<br />
liabilities of enterprises, development and improvement of cash flow controls, advice on<br />
book-keeping and taxation, assessment of possibilities for debt restructuring and<br />
reduction, and other assignments.<br />
Sergey Pepeliaev serves as editor-in-chief of Nalogoved (<strong>Tax</strong> Expert), a new professional<br />
magazine for tax practitioners, and as science editor of the book series Library of a <strong>Tax</strong><br />
Lawyer. He supervised five research students researching into tax law, all of whom have<br />
been awarded JD degrees.<br />
173
Russia<br />
Alexander A Bychkov<br />
Baker & McKenzie, Moscow<br />
Alexander Chmelev<br />
Baker & McKenzie, Moscow<br />
Lioudmila Mamet (see bio)<br />
PricewaterhouseCoopers, Moscow<br />
Sergey G Pepeliaev (see bio)<br />
Pepeliaev Goltsblat & Partners, Moscow<br />
174 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Singapore<br />
Ajit C Prabhu<br />
<strong>Deloitte</strong><br />
6 Shenton Way #32-00<br />
DBS Building Tower Two<br />
Singapore 068809<br />
Tel: (65) 65305522<br />
Fax: (65) 65386166<br />
Email: aprabhu@deloitte.com<br />
Website: www.deloitte.com<br />
Ajit Prabhu is a tax partner and partner in charge of the Singapore tax practice. He has<br />
more than 20 years of experience in public accounting with an industry specialization<br />
in real estate, banking and financial services and manufacturing. He serves many of the<br />
firm’s largest clients and has worked as project leader on a wide variety of multinational<br />
corporate tax planning projects, including international mergers and acquisitions, and<br />
structuring of inbound and outbound investments.<br />
Ajit has been ranked as a leading tax adviser in Singapore for each of the past seven<br />
years by the Legal Media Group’s annual survey of leading tax advisers in the Asia-<br />
Pacific region. He has prepared and presented papers on investment and taxation<br />
topics at numerous seminars in Singapore and overseas, including those conducted by<br />
the Asian-Pacific <strong>Tax</strong> and Investment Research Centre, Institute for International<br />
Research and other seminar organizers.<br />
He is also the author of several articles on investment and taxation, including taxation<br />
of electronic commerce in Singapore. He has been published in academic journals in<br />
Singapore and overseas, including the CCH Journal of Asian-Pacific <strong>Tax</strong>ation, CCH<br />
Singapore Master <strong>Tax</strong> Guide Manual, Euromoney’s International <strong>Tax</strong> Review and <strong>Tax</strong><br />
Planning International.<br />
Ajit graduated from the University of Bombay with a bachelor degree in commerce<br />
(with honours). He holds a higher diploma in accounting from the Hull College of<br />
Higher Education in UK. He is an associate with the Institute of Chartered<br />
Accountants in England and Wales and is a practising member of the Institute of<br />
Certified Public Accountants of Singapore.<br />
175
Singapore<br />
Sum Yee-Loong<br />
<strong>Deloitte</strong><br />
6 Shenton Way #32-00<br />
DBS Building Tower Two<br />
Singapore 068809<br />
Tel: (65) 6530 5538<br />
Fax: (65) 6538 6166<br />
Email: ysum@deloitte.com<br />
Website: www.deloitte.com<br />
Yee-Loong is a partner based in <strong>Deloitte</strong>’s Singapore office. He has over 20 years of<br />
experience in Singapore taxation and has substantial experience in serving multinational<br />
and local clients. He specializes in advisory tax services, including corporate structuring<br />
and restructuring on flotation, mergers and acquisitions and international tax planning.<br />
Yee-Loong focuses on developing strategies and leading tax-review teams to create and<br />
identify tax-saving opportunities as well as advise and negotiate tax incentives for<br />
corporate clients.<br />
He is the author of Singapore <strong>Tax</strong> Workbook (CCH), an examiner of the advance taxation<br />
paper (Singapore law) for ACCA, and a previous examiner of the taxation paper<br />
(Singapore law) of CIMA and ICSA.<br />
Yee-Loong’s memberships include: the <strong>Tax</strong> Advisory Committee chaired by the<br />
permanent secretary of the Ministry of Finance (2004 to 2006); the GST Working<br />
Committee (1993 to 1995); the <strong>Tax</strong>ation and Levies Committees of ICPAS (1989 to<br />
date); and the Infocom Technology Committee (1999). He served as an adjunct professor<br />
at Nanyang Technological University between 1987 and 2003, and since 2004, has been<br />
an adjunct professor at Singapore Management University. Yee-Loong is director of the<br />
<strong>Tax</strong> Academy of Singapore.<br />
He holds an MSc (UK) in taxation and public finance, and a certificate in management<br />
consultancy from the Japan Productivity Centre. He is a fellow of the Chartered<br />
Association of Certified Accountants (UK), a chartered tax adviser of the Chartered<br />
Institute of <strong>Tax</strong>ation (UK), and a certified public accountant of Singapore<br />
176 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Singapore<br />
Steve Towers<br />
<strong>Deloitte</strong><br />
6 Shenton Way #32-00<br />
DBS Building Tower Two<br />
Singapore 068809<br />
Tel: (65) 6216 3227<br />
Fax: (65) 6538 6166<br />
Email: stowers@deloitte.com<br />
Website: www.deloitte.com<br />
Steve Towers is a senior international tax partner, with over 26 years’ experience in<br />
international tax planning for multinational corporations. He has worked in <strong>Deloitte</strong>’s<br />
offices in Sydney, Melbourne, London, New York and Singapore.<br />
He has substantial experience in advising multinational corporations on corporate<br />
structuring and restructuring, mergers and acquisitions, hybrid instruments, transfer<br />
pricing, use of double-tax treaties, and international tax generally. He is particularly<br />
knowledgeable on permanent establishment issues and supply chain planning.<br />
Steve Towers has bachelor of economics and bachelor of laws degrees from the<br />
Australian National University, and a master of laws (first class honours) degree from<br />
the University of Sydney. He is a member of the Institute of Chartered Accountants<br />
in Australia, and is a fellow of the <strong>Tax</strong>ation Institute of Australia.<br />
Steve is the chairman of the International Fiscal Association (Singapore branch).<br />
177
Singapore<br />
Choy Wai Cheong<br />
Ernst & Young, Singapore<br />
Pieter L De Ridder<br />
Loyens & Loeff, Singapore<br />
Paula Eastwood<br />
PricewaterhouseCoopers, Singapore<br />
Nand Singh Gandhi<br />
Allen & Gledhill, Singapore<br />
Ong Sim Ho<br />
Ong Sim Ho Advocates & Solicitors, Singapore<br />
Edmund Leow<br />
Baker & McKenzie, Singapore<br />
Ajit C Prabhu (see bio)<br />
<strong>Deloitte</strong>, Singapore (see advert on inside front)<br />
Gurbachan Singh<br />
KhattarWong, Singapore<br />
Yee-Loong Sum (see bio)<br />
<strong>Deloitte</strong>, Singapore (see advert on inside front)<br />
Peter Tan<br />
PricewaterhouseCoopers, Singapore<br />
Lian Ee Teoh<br />
Drew & Napier, Singapore<br />
Steve Towers (see bio)<br />
<strong>Deloitte</strong>, Singapore (see advert on inside front)<br />
Pok Soy Yong<br />
Ernst & Young, Singapore<br />
178 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
South Africa<br />
International assignments:<br />
local vs foreign pension funds<br />
Billy Joubert<br />
<strong>Deloitte</strong><br />
Johannesburg<br />
The mobility of staff with specialized skills is often crucial to<br />
the multinational companies that employ them, as such skills<br />
may only be required at a specific stage in the business cycle<br />
rather than on an ongoing basis. One obvious example would<br />
be the skills of individuals involved in prospecting for<br />
resources, such as oil or precious metals.<br />
Employees of whom mobility is required need to be looked<br />
after and secondments abroad should be arranged so as not<br />
to jeopardize their interests. Such employees need to be<br />
properly funded on retirement and adequately covered by<br />
life, disability and medical insurance.<br />
Employees generally desire stability and, in any event, are<br />
unwilling to be placed at a disadvantage (tax and otherwise)<br />
when moving countries. Mobile employees will resent having to shoulder greater risk<br />
than their non-mobile colleagues, so the retirement funding of seconded employees<br />
must be protected as much as possible from fragmentation, currency fluctuations and<br />
political upheaval.<br />
Pension funds do not migrate readily across borders and it may not be possible to find<br />
a satisfactory solution to some of the pension problems to which cross-border<br />
employee movement gives rise. Certain countries are reluctant to grant tax<br />
concessions for the pension contributions of highly mobile individuals because to do<br />
so may erode their tax base. For example, South Africa may be unwilling to give a tax<br />
deduction for the pension contributions of an individual who will be a UK resident<br />
(and will therefore pay UK tax) when he or she ultimately receive a pension.<br />
Both employee and employer contributions to a pension fund are generally tax<br />
deductible for South African tax purposes (subject to some limitations) and payments<br />
out of a pension fund are taxable (with relief provided for certain lump sum payments).<br />
As the government is keen to encourage skilled employees to come to South Africa and<br />
for people to retire there, proceeds from foreign pension funds are exempt from South<br />
African tax, provided the respective contributions were paid when the recipient was<br />
not working in South Africa. Apportionment is required in cases where some<br />
contributions are made in respect of services rendered in South Africa and some in<br />
respect of foreign services.<br />
Exchange control is really only a concern for South African residents and even they<br />
enjoy generous concessions in this respect. Temporary residents of South Africa can<br />
repatriate funds without restriction and outbound expatriates may retain foreign<br />
earnings and pensions offshore.<br />
An employee leaving South Africa who has a pension fund will need advice.<br />
Depending on the rules of the fund in question, the following options may be<br />
available:<br />
• continue contributing to the South African scheme;<br />
• freeze contributions and make use of a preservation fund; or<br />
• cash out, if this is possible, and pay the tax up front.<br />
If the last option is selected and the fund is cashed out before retirement, the South<br />
African tax consequences will be unfavourable. In any case, the facts must be examined<br />
carefully and the decision will ultimately depend on the individual’s plans and<br />
aspirations, and in particular on whether the individual intends to return to South<br />
Africa.<br />
179
South Africa<br />
It should also be noted that an individual who relinquishes his/her South African tax<br />
residence will become subject to capital gains tax on all his/her assets. Provision must<br />
be made for group life, disability and medical cover for employees leaving South Africa<br />
and as the costs of taking out such coverage in a foreign country can be prohibitive,<br />
this also requires careful consideration.<br />
Inbound expatriates will be subject to South African tax on their South African<br />
earnings, but should not be subject to South African tax on their foreign earnings or<br />
capital gains unless they become South African tax residents. Until recently, an<br />
individual acquired tax residence if he/she worked in South Africa for more than three<br />
years, but this period has been extended to five years, to encourage expatriates not to<br />
leave South Africa after three years.<br />
As already noted, the government is keen to encourage retirement in South Africa, and<br />
for that reason proceeds from offshore pension funds are not taxed, although this may<br />
change in the future with the proposed revision of the tax treatment of retirement<br />
finds. However, at least for now, proper planning may allow a person who can avoid<br />
tax on their foreign pension in the country from which it is paid to enjoy the best of<br />
both worlds.<br />
Multinational groups have adopted a number of different approaches to the issue of<br />
how to provide pensions for highly mobile staff. One approach is to establish a fund<br />
for such employees in a tax haven. While this may overcome the problem that<br />
providing for country-specific pension funds tends to be a cumbersome process, it may<br />
be unattractive from a tax perspective – for example, if contributions to the fund are<br />
not tax deductible (which is likely to be the case) but the member is ultimately subject<br />
to tax when he or she receive a pension from the fund.<br />
Although it is often not possible to make pension funds operate tax efficiently in the<br />
case of globally mobile employees, it is important not to overlook one of the major<br />
benefits of such funds, which is the forced saving element. Employer pension funds<br />
ensure that at least some provision is made for the retirement funding of employees<br />
who might otherwise lack the discipline to make such provision for themselves.<br />
180 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
South Africa<br />
New advance tax ruling<br />
system promotes certainty<br />
Michael Honiball<br />
KPMG<br />
Johannesburg<br />
South Africa has a relatively sophisticated residence-based tax<br />
system. It incorporates many best-practice tax principles from<br />
other jurisdictions, and many aspects of the system are unique.<br />
Some provisions, like the CFC rules, are also extremely<br />
complex. Due to the relative complexity of the legislation and<br />
a backlog of court cases, there are many areas of uncertainty<br />
for taxpayers. There also appears to be a trend by the courts to<br />
move from a traditional, literal interpretation of statutes, to a<br />
more purposive interpretation, creating further uncertainty.<br />
Until now, South African Revenue Service (SARS) rulings<br />
were difficult to obtain and generally were not binding. An<br />
exception was certain VAT Rulings, which were regarded as<br />
effectively being of a binding nature. Practice and<br />
Interpretation Notes issued by the Service were also not<br />
binding, and in some court cases the Service even argued against their own Practice<br />
Notes when it suited them!<br />
The implementation of the new advance tax ruling system, backdated to October 1<br />
2006, was therefore generally welcomed by South African advisers and taxpayers. The<br />
previous system of non-binding rulings essentially remains as before, except that<br />
certain VAT Rulings previously issued change their status from January 1 2007, from<br />
binding rulings to so-called opinions.<br />
The implementation of the new ATR system follows international best practice. For<br />
example, Australia and New Zealand already have such a system, and on November 17<br />
2006, the UK HMRC published a report on large-company tax administration that<br />
included a recommendation to introduce a system of advance rulings for businesses by<br />
the end of 2007.<br />
The rationale behind the UK recommendations, as was the case in South Africa, is the<br />
need for more certainty about the tax treatment of company transactions as well as the<br />
speedier resolution of taxpayer issues. The argument is that if a binding ruling has<br />
been obtained, an assessment can more quickly be issued and need not be questioned<br />
by a tax authority before the expiry of the relevant prescription period.<br />
Key features of the new ATR system<br />
The Commissioner for the South African Revenue Service can issue two types of<br />
rulings under the new ATR system: Binding Private Rulings and Binding General<br />
Rulings.<br />
A Binding Private Ruling is an advance tax ruling, issued in response to an application,<br />
that states how the commissioner would interpret and apply provisions of South<br />
African tax law to a specific proposed transaction. A Binding General Ruling is an<br />
advance tax ruling that is issued by the commissioner, at his discretion, regarding the<br />
application or interpretation of a provision of South African tax law in respect of issues<br />
or matters of general interest or importance. The latter ruling is not issued in response<br />
to any application. Both types of rulings are binding on the commissioner, but not on<br />
the taxpayer. Furthermore, the binding effect of a Binding Private Ruling only applies<br />
to the applicant who requested the ruling, and may not be cited as precedent by any<br />
other taxpayer.<br />
A Binding Private Ruling may be rendered void or lose its binding effect if the facts<br />
stated in the application are materially different from the transaction actually<br />
implemented, if there is fraud or misrepresentation or if any condition stipulated on<br />
the Ruling is not satisfied. Furthermore, if there is a subsequent change in the relevant<br />
tax law, or if the commissioner withdraws the ruling, it will cease to apply.<br />
181
South Africa<br />
A major advantage of the new ATR system for foreign investors is that non-residents<br />
and non-taxpayers may apply for a Binding Private Ruling. An applicant need not<br />
apply in person, but may use an agent or advisor. In fact, the SARS Guide to the new<br />
ATR system recommends that applicants engage a tax advisor to assist them in their<br />
applications. This is helpful because the pre-qualifying process includes the<br />
requirement that the applicant must make his own draft ruling. Engaging an advisor<br />
would also be helpful in ensuring that the ruling obtained is as wide as possible.<br />
Exclusions<br />
The new ATR System contains both mandatory and discretionary exclusions. Mandatory<br />
exclusions include the following:<br />
• the market value of an asset;<br />
• the application or interpretation of foreign law;<br />
• the pricing of goods or services supplied by or rendered to a connected person in<br />
relation to the applicant;<br />
• the constitutionality of any tax law;<br />
• hypothetical transactions; and<br />
• issues to be listed by the commissioner and the so-called No uling list.<br />
Concerns have been raised by South African taxpayers about the mandatory exclusion<br />
of the pricing of goods and services for transfer pricing purposes. The context is the<br />
absence of an Advance Pricing Agreement system and it is therefore not possible to<br />
negotiate or conclude unilateral, bilateral or multilateral APAs. Although South Africa<br />
has had transfer pricing legislation since 1995, there are no plans to implement an APA<br />
system any time soon.<br />
In addition to the above mandatory exclusions, there is a long list of discretionary<br />
exclusions, which include general and specific anti-avoidance provisions, factual issues,<br />
issues more suitable for Competent Authority procedures, and matters which would<br />
be unduly time-consuming or resource-intensive. All these matters may be excluded<br />
from a Private Binding Ruling at the discretion of the Commission. These<br />
discretionary exclusions have been limited somewhat by a new CFC ruling procedure<br />
(see discussion below).<br />
It is not clear why the No Ruling list is included under Mandatory Exclusions and not<br />
under Discretionary Exclusions because essentially to the Commissioner would use his<br />
discretion to place an issue on the No Ruling list.<br />
All the above exclusions are intended to address concerns about limited resources,<br />
certain basic policy issues and the impossibility of addressing factual issues through the<br />
ATR system. The result, however, is a fairly limited ruling system, especially regarding<br />
the mandatory exclusion of transfer pricing in the absence of an APA system.<br />
Amended CFC rules also introduce new CFC ruling procedure<br />
Certain amendments to the South African CFC rules, passed by Parliament on<br />
November 16 2006, have far reaching consequences for South African outbound<br />
multinationals. The consequences can be restricted to a limited extent by a new CFC<br />
ruling procedure described below.<br />
In a nutshell, the South African taxation of foreign subsidiaries applies as follows: South<br />
African tax resident companies with CFCs – foreign resident companies in which South<br />
African shareholders own more than 50% of the participation rights or control more<br />
than 50% of the vote – are taxed on the income and capital gains of the CFC, unless<br />
specific exclusions apply. The most notable of these exclusions is income attributable to<br />
a so-called business establishment. If a CFC has a business establishment as defined,<br />
income and gains attributable to such a business establishment will not be taxed in the<br />
hands of its South African shareholder.<br />
Prior to the amendments, a business establishment was widely defined as including a<br />
place of business with an office, shop, factory, warehouse or other structure used for<br />
not less than one year which was suitably equipped with on-site operational<br />
management, employees, facilities and other equipment for purposes of conducting<br />
the primary operations of that business.<br />
While it was unclear from the previous definition how many employees constituted a<br />
business establishment, what was clear was that such employees were not required to<br />
182 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
South Africa<br />
be in full-time employment in order for the business establishment exclusion to apply.<br />
Following the amendments, however, not only does it appear that the CFC will now<br />
need to have both on-site management and operational employees (arguably therefore<br />
requiring at least two employees), but such employees will also be required to render<br />
services on a full-time basis if the business establishment exclusion is to apply. These<br />
requirements are found in the definition of a foreign business establishment, which<br />
replaces the old business establishment definition.<br />
Effectively, this means that two CFCs within the same multinational group will not be<br />
able to share the services of a single employee, either directly or via an employment<br />
company, in the event that their South African shareholder wishes to rely on the<br />
business establishment exclusion. It goes without saying that the cost and<br />
administrative burden of staffing each CFC with two or more full-time employees in<br />
order to enable the business establishment exclusion to be relied upon, could act as a<br />
deterrent for overseas expansion by South African multinationals and could make<br />
South African multinationals uncompetitive when compared with their Australian, UK<br />
or Canadian counterparts. Further, this amendment makes South Africa even more<br />
unfavourable as an intermediary holding company jurisdiction, preventing the use of<br />
South Africa for investments into the rest of Africa and elsewhere.<br />
The legislature has, to an extent, recognized the negative implications of these<br />
amendments. Therefore, other amendments have simultaneously been enacted which<br />
provide for the commissioner to grant a ruling deeming that a business establishment<br />
exists where two or more CFCs share employees, equipment and facilities. <strong>Tax</strong>payers<br />
wishing to take advantage of this new CFC ruling must do so in terms of the ATR<br />
system (as discussed above). But there is a condition: a ruling will only be granted if<br />
the CFCs are in the same country and form part of the same group of companies, the<br />
latter requirement effectively necessitating a 70% or more common shareholding.<br />
Consequently, for the business establishment exclusion to apply, two CFCs in different<br />
countries would both be required to have full-time employees, as would two CFCs in<br />
the same jurisdiction that do not form part of a group of companies. So while the new<br />
CFC ruling limits the potential negative effect of the latest amendments, the<br />
circumstances under which a ruling can be obtained are so restrictive that many South<br />
African outbound multinational will no longer qualify for CFC exemption.<br />
Conclusion<br />
The new ruling procedures in South Africa have begun a new era in tax administration<br />
and procedure. The possibility of more certainty regarding the interpretation of tax<br />
statutes is a welcome development. Administrative execution of the procedures as well<br />
as SARS and the courts adherence to Binding Private Rulings regarding the principle<br />
of the rule of law will, however, ultimately determine their success.<br />
183
South Africa<br />
Anne Bennett<br />
<strong>Deloitte</strong><br />
Private Bag X1<br />
Gallo Manor, 2052<br />
South Africa<br />
Tel: (27) 11 806 5378<br />
Fax: (27) 11 806 5333<br />
Email: anbennett@deloitte.co.za<br />
Website: www.deloitte.com<br />
Anne Bennett is the partner in charge for the international tax practice within South<br />
Africa. In this role, she advises on the international tax implications of structuring crossborder<br />
investment and finance into and out of South Africa, the impact of SA domestic<br />
tax law on foreign subsidiaries of SA companies, and SA exchange control regulations.<br />
Having joined <strong>Deloitte</strong> in 1983, she qualified as an admitted attorney in 1986, was<br />
seconded to D&T London as a senior manager in the international tax division where<br />
she was also involved in coordinating tax strategies, technical training and practice<br />
development for the firm’s European practices. Throughout the late 1980s and early<br />
1990s, she gained practical working experience in Luxembourg, the UK and South<br />
Africa, before being asked to join the partnership of <strong>Deloitte</strong> & Touche in 1993. Shortly<br />
after, Anne was appointed to head up the international tax group within the South<br />
African tax practice.<br />
Anne is currently a member of the board of <strong>Deloitte</strong> & Touche South Africa. She<br />
continues to serve high-profile clients and is a trusted adviser to her practice<br />
professionals and their clients.<br />
Among her qualifications, Anne has a BA (honours) from the University of Cape<br />
Town; LLB (cum laude) from the University of South Africa; MPhil from Oxford<br />
University; and H Dip <strong>Tax</strong> from the University of the Witwatersrand. Additionally<br />
Anne received her diploma in international law from the University of Harvard, is a<br />
member of the Institute of <strong>Tax</strong>ation (ATII) in the UK, and was admitted as an attorney<br />
of the Supreme Court of South Africa. She has professional qualifications in both SA<br />
and UK tax law and continues to attend international tax training courses in the UK,<br />
the Netherlands and the USA.<br />
184 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
South Africa<br />
Emil Brincker<br />
Edward Nathan Sonnenbergs<br />
150 West Street<br />
Sandown, Sandton, Johannesburg 2196<br />
South Africa<br />
Tel: (27) 11 269 7600<br />
Fax: (27) 11 269 7899<br />
Email: ebrincker@problemsolved.co.za<br />
Website: www.problemsolved.co.za<br />
Professor Emil Brincker’s experience includes the areas of corporate finance, corporate<br />
reorganization and restructuring, export finance, funding, general banking and commercial<br />
(including derivative) transactions, empowerment transactions, JSE Limited and<br />
Securities Regulation Panel, project finance and tax law including income tax, value added<br />
tax, stamp duties, PAYE, capital gains tax and other fiscal statutes.<br />
He obtained his doctorate in 1992 on company law and his thesis related to the financial<br />
assistance by a company in relation to share acquisitions. In 1999 he was offered a parttime<br />
professorship from the Johannesburg University.<br />
Emil was the first attorney to appear in the Supreme Court of Appeal in Erf 3183/1<br />
Ladysmith v CIR, has authored and co-authored numerous books and articles, and has<br />
advised on multi-billion-dollar structured finance transactions.<br />
He is also a member of the Special Board for Income <strong>Tax</strong> Appeals, hearing tax matters<br />
not exceeding R20 million ($30 million), member of the executive committee of the<br />
South African Fiscal Association and has been involved in numerous empowerment<br />
transactions. Emil was named by Global Counsel as the leading tax practitioner in<br />
South Africa from 2003 to 2006, as a leading individual by International <strong>Tax</strong> Review’s<br />
World <strong>Tax</strong> 2005 and 2006 and as an eminent individual by Legal 500 2006. The PLC<br />
Which Lawyer Yearbook 2005 and 2006 also lists Emil as a leading individual and the<br />
Legal Media Group’s IFLR 1000 Guide to the World’s Leading Financial Law Firms 2006<br />
lists Emil as a key contact partner. Emil is named as the leading individual in tax in<br />
South Africa, in Chambers Global Guide 2005 and 2006.<br />
Emil has been a guest lecturer for the LLM (tax) at the University of Pretoria, and was<br />
a professor to the Hdip tax at the University of Johannesburg. He is author to a<br />
number of publications, including:<br />
• co-author of South African Principles of International <strong>Tax</strong>ation (2004);<br />
• co-author on Edward Nathan/Grant Thornton Fiscal File publication on Business<br />
and Personal <strong>Tax</strong>ation (2004, 2005 and 2006);<br />
• <strong>Tax</strong>ation Principles of Interest and other Financing Transactions (2004 – 2006);<br />
• Global Counsel Handbook PLC <strong>Tax</strong> Law. Country Q&A: Republic of South Africa (2003,<br />
2004, 2005 and 2006) (Co-authored with the rest of the tax team); and<br />
• a regular column Brinkmanship in Business Day Business Law and <strong>Tax</strong> Review.<br />
Emil holds a BCom (cum laude), a LLB (cum laude) a LLM (cum laude), and a LLD<br />
from the University of Stellenbosch, as well as a Higher Diploma in tax law (cum laude)<br />
from The University of Johannesburg. He is an admitted attorney of the High Court<br />
of South Africa.<br />
185
South Africa<br />
David Clegg<br />
Ernst & Young<br />
52 Corlett Drive<br />
Wanderers Office Park<br />
Illovo, Johannesburg 2196<br />
South Africa<br />
Tel: (27) 21 443 0261<br />
Email: david.clegg@za.ey.com<br />
Website: www.ey.com<br />
David Clegg graduated from the University of Cape Town (BComm LlB, BComm,<br />
hons, tax), and practised law as an attorney for some years before being admitted to<br />
practise as an advocate (barrister).<br />
He has been a partner in an associate firm of Ernst & Young South Africa for 26 years<br />
and is currently national technical director (tax) for that firm. He is the co-author of<br />
Income <strong>Tax</strong> in South Africa (ITSA) (Lexisnexis Butterworths) and the author of a<br />
number of practical guides in niche areas of tax law. He also contributes the South<br />
African chapter of the IBFD’s <strong>Tax</strong>ation of Trusts.<br />
His principal area of practice is currently domestic corporate tax but he has a particular<br />
interest in the taxation of trusts and also heads up Ernst & Young’s oil and gas group<br />
in South Africa (the only firm in the country to have a specialist unit) and for some<br />
years was responsible for the firm’s international tax group. He is based in the firm’s<br />
Cape Town office.<br />
186 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
South Africa<br />
Beric Croome<br />
Edward Nathan Sonnenbergs<br />
150 West Street<br />
Sandown, Sandton, Johannesburg 2196<br />
South Africa<br />
Tel: (27) 11 269 7600<br />
Fax: (27) 11 269 7899<br />
Email: bcroome@problemsolved.co.za<br />
Website: www.problemsolved.co.za<br />
Beric has worked in the tax arena for 21 years and advises clients on income tax, valueadded<br />
tax (VAT), Pay-As-You-Earn (PAYE), stamp duties and other fiscal statutes. He<br />
has advised foreign clients of the tax consequences of investing in South Africa. He<br />
regularly assists clients with objections and appeals and represents clients in meetings<br />
with the South African Revenue Service including Alternative Dispute Resolution<br />
(ADR) meetings. He acted as the chair of the National <strong>Tax</strong>ation Committee of the<br />
South African Institute of Chartered Accountants (SAICA) from 1999 to 2002 and<br />
during 2003 became a member of the Editorial Panel of SAICA’s tax publication,<br />
Integritax. During 2006 he became the author of a column entitled: “Dear SARS –<br />
Proper Procedure” in the magazine Accountancy SA, published by SAICA.<br />
He was the 1999 South African reporter on “<strong>Tax</strong>ation of Non-Profit Organisations”<br />
for the International Fiscal Association. He is a former vice chair of the South African<br />
Chamber of Business <strong>Tax</strong>ation Committee and during 2002 was a nominee for the<br />
University of the Witwatersrand Convocation Honour Award for his contribution to<br />
commerce and industry.<br />
Beric is a well known tax advisor in South Africa, listed in the Who’s Who of Southern<br />
Africa 2004 to 2006 and in Chambers Global’s The World’s Leading Lawyers for Business,<br />
The Client’s Guide 2006 and 2007.<br />
He is a chartered accountant (South Africa) and an advocate of the High Court of<br />
South Africa. Beric is a fellow of the Chartered Institute of Management Accountants<br />
(United Kingdom). He holds BCom, CTA, BProc and LLB degrees as well as a<br />
Higher Diploma in <strong>Tax</strong> Law (with distinction). He is registered for his PhD Degree<br />
at the University of Cape Town and his thesis deals with issues relating to<br />
constitutional law, taxpayers’ rights and the powers of the South African Revenue<br />
Service. He is regularly quoted in the press on tax issues in South Africa.<br />
187
South Africa<br />
Michael Honiball<br />
KPMG<br />
KPMG Crescent<br />
85 Empire Road<br />
Parktown 2193<br />
South Africa<br />
Tel: (27) 11 647 5555<br />
Fax: (27) 11 647 5819<br />
Email: michael.honiball@kpmg.co.za<br />
Website: www.kpmg.co.za<br />
Michael Honiball is the national leader of KPMG’s transfer-pricing team in South Africa<br />
– a strong multidisciplinary team of accountants, lawyers and economists specializing in<br />
transfer-pricing issues. He is based in Johannesburg, although he has extensive<br />
experience of working elsewhere in Africa and overseas.<br />
Michael has substantial tax advisory experience and has specialized in South African<br />
domestic and international corporate tax issues for over 14 years, advising many<br />
multinational corporations on a wide range of tax compliance, structuring and financing<br />
matters. He continues to build this experience daily, advising multinational clients on<br />
their often-complex international tax and transfer-pricing issues. Supported by his local<br />
team at KPMG as well as by KPMG’s global transfer-pricing services team, he advises<br />
on a broad spectrum of transfer-pricing issues, from documentation and planning to<br />
dispute resolution, taking into account the unique circumstances of various African<br />
jurisdictions.<br />
Michael is a lecturer at the Universities of Johannesburg, Pretoria and Witwatersrand<br />
where he has been instrumental in developing international tax-specific courses. He is a<br />
regular speaker at professional conferences, and is also a co-author of the book<br />
International <strong>Tax</strong>: a South African Perspective 2005 (now in its third edition), together with<br />
Professor Lynette Olivier of the University of Pretoria.<br />
Michael is a well-known tax advisor in South Africa, being listed in The Guide to the<br />
World’s Leading <strong>Tax</strong> <strong>Advisers</strong> and Who’s Who of Southern Africa 2005. He is a member of<br />
the executive committee of the South African Fiscal Association (the local IFA branch)<br />
and is also a member of the Institute of Directors of Southern Africa. He is an admitted<br />
attorney and conveyancer of the High Court of South Africa (Cape Provincial Division)<br />
with the BA, LLB, LLM (international tax), H Dip tax and Dip Corp law (with<br />
distinction) degrees.<br />
188 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
South Africa<br />
Michael Katz<br />
Edward Nathan Sonnenbergs<br />
150 West Street<br />
Sandown, Sandton, Johannesburg 2196<br />
South Africa<br />
Tel: (27) 11 269 7700<br />
Fax: (27) 11 269 7899<br />
Email: mkatz@problemsolved.co.za<br />
Website: www.problemsolved.co.za<br />
Professor Michael Katz leads ENS as chairman. He has 38 years’ experience in<br />
privatization and deregulation, project finance and non-recourse finance, public<br />
private partnerships, empowerment ventures, banking and financial markets, takeovers<br />
and mergers, competition law and tax.<br />
Michael was the chairman of the Commission of Inquiry to Investigate the <strong>Tax</strong>ation<br />
System of South Africa, member of the Securities Regulation Panel, a director of<br />
numerous companies and a trustee of numerous trusts. In 1998, he was awarded an<br />
honorary doctorate of laws by the University of the Witwatersrand.<br />
He was appointed to the board of National Housing Finance Corporation Limited,<br />
which has been established by the government to facilitate the delivery of affordable<br />
housing, and is the chairperson of the Standing Committee on Company Law of the<br />
Law Society of South Africa.<br />
Michael is featured in the Guide to the World’s Leading M&A Lawyers 2006 and is listed<br />
as a leading individual in International <strong>Tax</strong> Review’s World <strong>Tax</strong> 2006 survey for mergers<br />
and acquisitions and cross-border structuring. He recently advised Gold Fields<br />
defending the hostile takeover bid by Harmony, and had a key role on the Sasol/Engen<br />
merger. Michael also acted for Gold Fields in the acquisition of South Deep Mine,<br />
which included the offer to shareholders of Western Areas and Barrick South Africa.<br />
In addition, he acted for Afripalm in its recent transaction with Mvelaphanda<br />
Resources. Michael is also rated as a leading practitioner in tax by the PLC Which<br />
Lawyer Yearbook 2006.<br />
He is co-author of Butterworths Company Law Precedents (four volumes).<br />
Michael received his BCom and LLB from the University of the Witwatersrand, his<br />
LLM from Harvard Law School, and LLD (honoris causa) from the University of the<br />
Witwatersrand. He is admitted as an attorney of the High Court of South Africa.<br />
189
South Africa<br />
Sean Kruger<br />
Ernst & Young<br />
Wanderers Office Park<br />
52 Corlett Drive<br />
Johannesburg<br />
South Africa<br />
Tel: (27) 11 772 3996; (27) 83 611 1559 (cellular)<br />
Fax: (27) 11 772 4996<br />
Email: sean.kruger@za.ey.com<br />
Website: www.ey.com<br />
Sean Kruger graduated from the University of the Witwatersrand (B Comm), received<br />
his higher diploma in tax law from the University of Johannesburg), and his advanced<br />
diploma in international tax from the Institute of Advanced Studies.<br />
Following six years in banking and structured asset finance, Sean joined Ernst &<br />
Young, specializing in tax consulting. He is currently an international tax and transfer<br />
pricing partner/director of Ernst & Young Advisory Services Limited, having started<br />
the transfer pricing practice for the South African firm with a dedicated team. Sean is<br />
currently the regional tax director responsible for all tax services for the South African<br />
firm of Ernst & Young, as well as the English-speaking Ernst & Young offices in the<br />
rest of Africa.<br />
Sean operates from the Johannesburg office.<br />
190 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
South Africa<br />
David Lermer<br />
PricewaterhouseCoopers<br />
Private Bag X36 PO Box 2799<br />
2 Eglin Road 2175 No 1 Waterhouse Place 7441<br />
Sunninghill, Johannesburg Century City, Cape Town<br />
South Africa South Africa<br />
Tel: (27) 11 797 4097; Tel: (27) 21 529 2364<br />
(27) 82 445 2841 (mobile) Fax: (27) 21 529 3309<br />
Fax: (27) 11 209 4097<br />
Email: david.lermer@za.pwc.com<br />
Website: www.pwc.com/za<br />
David Lermer is the South Africa and Southern Africa Region leader for PwC Global<br />
<strong>Tax</strong> Services. His career with PwC spans two continents. Originally based in London,<br />
UK, and now based in Johannesburg and Cape Town, David has over 23 years of<br />
professional experience in advising large SA and foreign multinational groups with<br />
respect to their international tax, transfer pricing and exchange control requirements.<br />
He has worked on numerous reorganizations of multinational groups and mergers and<br />
acquisitions, and is heavily involved in representations to the government on tax and<br />
exchange control policy and legislative changes.<br />
David is also the managing partner of the tax practice in the Western Cape Region of<br />
South Africa. He is one of the contributors to the South African section of the firm’s<br />
booklet “International Transfer Pricing”, which is updated annually, and is a founder<br />
member of Afritax, the PwC network of tax and exchange control specialists working in<br />
sub-Saharan Africa. In addition to being a chartered tax adviser (UK), he is a chartered<br />
accountant in both the UK and SA.<br />
PwC Global <strong>Tax</strong> Services comprises international tax structuring, transfer pricing and<br />
cross-border mergers and acquisitions specialist divisions. These divisions consist of<br />
diverse multidisciplinary teams that combine home-grown and imported specialists<br />
with local and international knowledge, skills and experience, to provide the best<br />
possible methodologies and solutions, appropriately tailored to the local tax and<br />
exchange control landscape of South Africa and/or the sub-Saharan Region.<br />
191
South Africa<br />
Mark Linington<br />
Webber Wentzel Bowens<br />
10 Fricker Road<br />
Illovo Boulevard<br />
Johannesburg 2196<br />
South Africa<br />
Tel: (27) 11 530 5834<br />
Fax: (27) 11 530 6834<br />
Email: markl@wwb.co.za<br />
Website: www.wwb.co.za<br />
Mark Linington’s area of expertise is mergers and acquisitions tax services, including<br />
tax due diligence reviews, the design and appraisal of acquisition/disposal transactions,<br />
group rationalizations, unbundlings, BEE structuring and liquidations.<br />
Mark has 15 years of experience in South African domestic tax issues and in recent<br />
years has worked predominantly with private equity consortiums in designing and<br />
implementing acquisition structures.<br />
Before specializing in mergers and acquisition tax advisory services, Mark provided<br />
corporate tax services to mainly listed clients in his capacity as a tax partner of <strong>Deloitte</strong>.<br />
These services included tax opinions, tax planning, tax provisioning for financial<br />
statement reporting purposes, preparing or reviewing submissions and dealing with tax<br />
disputes, objections and appeals.<br />
192 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
South Africa<br />
Ian MacKenzie<br />
Webber Wentzel Bowens<br />
10 Fricker Road Illovo Boulevard<br />
Johannesburg 2196 South Africa<br />
PO Box 61771 Marshalltown 2107<br />
Docex 26 Johannesburg<br />
South Africa<br />
Tel: (27) 11 530 5000; (27) 11 530 5266 (direct)<br />
Fax: (27) 11 530 5111; (27) 11 530 5120 (direct)<br />
Email: ianm@wwb.co.za<br />
Website: www.wwb.co.za<br />
Ian MacKenzie joined Webber Wentzel Bowens in 2003 as head of corporate tax. He<br />
was previously the head of the tax consulting practice of Ernst & Young, having been a<br />
tax partner in that firm for 25 years.<br />
He has had 29 years’ experience in advising major listed groups on tax issues, with<br />
particular reference to mergers and acquisitions, corporate restructures, BEE<br />
transactions, structured finance transactions, cross-border trade and investment<br />
structures, securitizations and objections and appeals. His industry experience covers<br />
banking, manufacturing, mining and fast-moving consumer goods and services. He was<br />
recognized as one of the leading tax advisers in South Africa in World <strong>Tax</strong> 2005 and 2006,<br />
published by International <strong>Tax</strong> Review, and in Chambers and Partners’ 2006 survey of law<br />
firms.<br />
He has lectured on tax matters on various university courses and at public seminars, is<br />
a past chairman of the SA Chamber of Business tax committee and a past president of<br />
the Johannesburg Chamber of Commerce and Industry.<br />
Ian qualified as a chartered accountant (SA) in 1973 and obtained a higher diploma in<br />
tax law from the University of the Witwatersrand in 1975.<br />
193
South Africa<br />
Anne Bennett (see bio)<br />
<strong>Deloitte</strong>, Sandton (see advert on inside front)<br />
Emil Brincker (see bio)<br />
Edward Nathan Sonnenbergs, Sandton<br />
David Clegg (see bio)<br />
Ernst & Young, Johannesburg<br />
Beric Croome (see bio)<br />
Edward Nathan Sonnenbergs, Sandton<br />
Michael Honiball (see bio)<br />
KPMG, Johannesburg<br />
Wally Horak<br />
Bowman Gilfillan, Cape Town<br />
Michael Katz (see bio)<br />
Edward Nathan Sonnenbergs, Sandton<br />
Ernie Lai King<br />
Deneys Reitz, Johannesburg<br />
Des Kruger<br />
Mallinicks, Cape Town<br />
Sean Kruger (see bio)<br />
Ernst & Young, Johannesburg<br />
David Lermer (see bio)<br />
PricewaterhouseCoopers, Johannesburg<br />
Mark Linington (see bio)<br />
Webber Wentzel Bowens, Johannesburg<br />
Ian MacKenzie (see bio)<br />
Webber Wentzel Bowens, Johannesburg<br />
Ernest Mazansky<br />
Werksmans, Johannesburg<br />
Lionel Shawe<br />
Deneys Reitz, Johannesburg<br />
Henry Vorster Sr<br />
Vorster Pereira Inc, Sandton<br />
194 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
South Korea<br />
Henry An<br />
Samil PricewaterhouseCoopers<br />
Kukje Center Building<br />
191 Hangangro 2ga, Yongsanku<br />
Seoul 140-702<br />
Korea<br />
Tel: (82) 2 3781 2594<br />
Fax: (82) 2 790 1907<br />
Email: henryan@samil.com; henry.an@kr.pwc.com<br />
Website: www.samil.com<br />
Henry An is a partner at Samil PricewaterhouseCoopers (Samil), the Korean member<br />
firm of PricewaterhouseCoopers, and serves as a client relationship partner for Samil’s key<br />
international tax clients. He specializes in transfer pricing and currently serves as coleader<br />
of the Transfer Pricing Practice. He has over 13 years of experience providing these<br />
services in the US (Washington National <strong>Tax</strong>, Chicago, New York Metro) and Korea.<br />
Henry has prepared transfer pricing studies for the purposes of tax compliance, audit<br />
defence and tax litigation, competent authority, tax planning and restructuring, and<br />
advance pricing agreements. He has advised on the full range of inter-company<br />
transactions including buy-sell, commission rates, transfers of intellectual property, cost<br />
sharing and buy-in payments, service fees, and loans. Henry has worked for multinational<br />
clients in a wide variety of industries including hardware, software, consumer products,<br />
industrial products, medical devices and logistics. Henry also has experience performing<br />
business valuations and valuations of intellectual property in connection with strategic<br />
planning, M&A, financing, restructuring, audit defence and litigation.<br />
Henry is recognized as a leading expert in the field of transfer pricing in Korea and is a<br />
frequent speaker at seminars and has written numerous articles on the subject. Henry was<br />
selected for inclusion in Legal Media Group’s Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong> and<br />
Guide to the World’s Leading Transfer Pricing <strong>Advisers</strong> in 2004, 2005 and 2006. He was also<br />
selected as a key tax adviser in International <strong>Tax</strong> Review’s 2006 Asia Pacific Client Poll.<br />
Henry’s most recent publications include:<br />
• “A Decade of Progress,” International <strong>Tax</strong> Review, Asia Transfer Pricing, October<br />
2006, No 30, page 44.<br />
• “Korea Spotlights Transfer Pricing,” Asia Today International, Business Regulation<br />
and <strong>Tax</strong>ation, Asia 2007, page 80.<br />
• “Korea’s New Basic <strong>Tax</strong> Rulings on Transfer Pricing,” BNA <strong>Tax</strong> Management<br />
Transfer Pricing Report, Volume 13, No 7, page 343, August 4 2004.<br />
Henry serves as an external advisor to Korea’s National <strong>Tax</strong> Service, Ministry of Finance<br />
and Economy and Office of the Prime Minister. He also currently serves as treasurer and<br />
co-chair of the <strong>Tax</strong>ation Committee of the American Chamber of Commerce in Korea.<br />
Henry received a Bachelor of Economics degree from the Wharton School of Business<br />
at the University of Pennsylvania. He obtained his Masters in Business Administration<br />
from the Kellogg School of Management at Northwestern University where he<br />
received recognition as a Jane Robertson Scholar and graduated Beta Gamma Sigma.<br />
195
South Korea<br />
So-Yong Kim<br />
<strong>Deloitte</strong><br />
Hanwha Securities Building<br />
23-5 Yoido-dong, Youngdeungpo-ku<br />
Seoul 150-717<br />
Korea<br />
Tel: (82) 2 6676 2430<br />
Fax: (82) 2 6674 2500<br />
Email: soykim@deloitte.com<br />
Website: www.deloitte.com<br />
So-Yong Kim is a tax partner in the Seoul office of <strong>Deloitte</strong>. He joined <strong>Deloitte</strong> &<br />
Touche in 1984 and became a partner in 1998.<br />
Mr Kim has extensive experience in the areas of domestic and international taxation and<br />
serves as lead tax partner for many leading MNCs. He has assisted clients in various<br />
industries, including financial services, high-tech, and automotive with tax compliance,<br />
tax consulting and planning, tax due diligence for acquisitions and investment<br />
structuring, and tax controversies.<br />
His particular expertise is in the financial services industry and he serves multinational<br />
securities companies, investment management companies, insurance companies and<br />
banks operating in Korea. Since June 2003, Mr Kim has been financial industry tax<br />
service line leader for <strong>Deloitte</strong> in Korea.<br />
Mr Kim is bilingual in Korean and English, and is a frequent speaker on topics dealing<br />
with national and international taxation. He is a member of the Committee for<br />
Deliberation of Pre-assessment of the Seoul Regional <strong>Tax</strong> Office.<br />
Mr Kim studied economics and finance at the Seoul National University and is a<br />
graduate of the MBA programme in Seoul. He is a member of the Korean Institute of<br />
Certified Public Accountants.<br />
196 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
South Korea<br />
David Jin-Young Lee<br />
Samil PricewaterhouseCoopers<br />
Kukje Center Building<br />
191 Hangangro 2ga, Yongsanku<br />
Seoul 140-702<br />
Korea<br />
Tel: (82) 2 709 0557<br />
Fax: (82) 2 709 7977<br />
Email: jylee@samil.com, david.jin-young.lee@kr.pwc.com<br />
Website: www.samil.com<br />
David Jin-Young Lee serves as the deputy vice chair of tax and head of the financial<br />
services tax practice of Samil PricewaterhouseCoopers, the Korean member firm of<br />
PricewaterhouseCoopers.<br />
David Jin-Young has over 20 years of experience in providing tax advisory services to<br />
the financial services industry. He has extensive experience in advising on M&A,<br />
corporate restructuring and inbound investments into Korea.<br />
David Jin-Young’s clients include most of the leading international financial services<br />
companies in the banking, capital markets, investment management, real estate and<br />
insurance sectors.<br />
David Jin-Young is a member of the tax advisory committee of the Ministry of Finance<br />
and Economy (MOFE) and serves as the chair of the tax quality review committee of<br />
the National <strong>Tax</strong> Service (NTS). He is also a member of the external advisory<br />
committee of the Government Audit Bureau of the Board of Audit and Inspection.<br />
David Jin-Young is a member of the Korean Institute of Certified Public Accountants<br />
(KICPA) and received his bachelors degree and masters in business administration<br />
from Seoul National University.<br />
197
South Korea<br />
Il-Hwan Oh<br />
Samil PricewaterhouseCoopers<br />
Kukje Center Building<br />
191 Hangangro 2ga, Yongsanku<br />
Seoul 140-702<br />
Korea<br />
Tel: (82) 2 709 0897<br />
Fax: (82) 2 709 3333<br />
Email: ih_oh@samil.com, ilhwan.oh@kr.pwc.com<br />
Website: www.samil.com<br />
Il Hwan Oh is a partner at Samil PricewaterhouseCoopers, the Korean member firm<br />
of PricewaterhouseCoopers. Il Hwan has 21 years of experience advising US and<br />
European multinational companies doing business in Korea.<br />
Il Hwan serves as an active member of the <strong>Tax</strong> Committee of the Korean Institute of<br />
Certified Public Accountants and was responsible for developing questions for the tax<br />
section of the KICPA examination. He is also a member of the <strong>Tax</strong> Policy Committee<br />
of the Ministry of Finance and Economy of Korea.<br />
Il-Hwan is a member of the Korean Institute of Certified Public Accountants (KICPA)<br />
and received his bachelors degree from Yonsei University in Seoul, Korea.<br />
198 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
South Korea<br />
Jae Jin (“Jay”) Shim<br />
Woo Yun Kang Jeong & Han<br />
Textile Center -12th Floor 944-31 Daechi3-dong<br />
Gangnam-Ku, Seoul 135-713<br />
Korea<br />
Tel: (82) 2 528 5484 (office); (82) 11 9705 9054 (mobile)<br />
Fax: (82) 2 528 5300 / 5228<br />
Email: jjshim@wooyun.co.kr<br />
Website: www.wooyun.co.kr<br />
Jay Shim leads Woo Yun’s international tax planning and transactions practice. Jay also<br />
has extensive experience with inbound structuring, cross-border mergers and<br />
acquisitions and international project finance. Jay’s client base is largely comprised of<br />
foreign private equity, financial institutions and foreign MNCs doing business in<br />
Korea and the Asia-Pacific region. He has also assisted Korean companies and Korean<br />
government-invested companies in investing in large-infrastructure and oil and gas<br />
projects in Russia and the CIS.<br />
Jay has previously worked in the US, Europe and Russia and advised Korean, US,<br />
Japanese, Chinese, European and Russian companies on cross-border structuring and<br />
raising capital in the offshore financial markets, in connection with joint ventures,<br />
acquisitions and infrastructure projects. Prior to joining Woo Yun, Jay was an<br />
international tax partner at global accounting firms in the US, Russia and Korea.<br />
Jay is a recognized expert in the field of cross-border investment structuring and has<br />
published numerous articles on tax treaty structuring. He is a frequent speaker and has<br />
lectured on offshore and international tax planning in New York, Los Angeles,<br />
Houston, London, Amsterdam, Budapest, Vienna, Prague, Hong Kong, Singapore<br />
and Moscow.<br />
Jay received his BA in economics from Hampshire College, Amherst, Massachusetts;<br />
his JD from Boston College Law School, where he served as an editor of UCC<br />
Reporter-Digest; and his LLM (taxation) from Boston University School of Law. Jay<br />
also received postgraduate tax law training at New York University School of Law.<br />
Jay has been a member of the Massachusetts Bar since 1988 and passed the New York<br />
Bar Examination in 1991. Jay is also a member of the American Bar Association,<br />
International Fiscal Association and currently serves as co-chair of the taxation<br />
committee of the American Chamber of Commerce (AmCham) in Korea.<br />
199
South Korea<br />
Sai Ree Yun<br />
Woo Yun Kang Jeong & Han<br />
Textile Centre 12th Floor<br />
944-31 Daechi 3-dong, Gangnam-gu<br />
Seoul 135-713<br />
Korea<br />
Tel: (82) 2 528 5202<br />
Fax: (82) 2 528 5300<br />
Email: sryun@wooyun.co.kr<br />
Website: www.wooyun.co.kr<br />
Sai Ree Yun, a founding partner of Woo Yun Kang Jeong & Han (Woo Yun), is a<br />
recognized leader for his expertise on international tax, including audit planning and<br />
tax controversies. He has written numerous articles on taxation for renowned<br />
publications, including “<strong>Tax</strong> Aspects of Derivative Financial Instruments” for the 49th<br />
Congress of the International Fiscal Association (1995), “Transfer Pricing for South<br />
Korea” published in CCH International Transfer Pricing Laws (1994), and “Cost-<br />
Sharing and Transfer Pricing” for <strong>Tax</strong>ation and Inbound Investment in Pacific Rim<br />
Countries, International Bureau of Fiscal Documentation (1991).<br />
Sai Ree was a member of the Local <strong>Tax</strong> Appeal Board and also served as a technical<br />
advisor for the <strong>Tax</strong> Policy Review Council, Ministry of Finance and Economy for<br />
nearly five years. In addition, Sai Ree has given numerous lectures at both the Judicial<br />
Research and Training Institute and Seoul National University Law School. Sai Ree is<br />
a recipient of a Deputy Prime Minister’s Award for <strong>Tax</strong> Administration and is also a<br />
recipient of numerous other awards and selections. In 2006 alone, Sai Ree was selected<br />
as a PLC cross-border mergers and acquisitions leading lawyer, as a Chambers Global<br />
leading banking and finance/corporate lawyer, as an International Who’s Who<br />
competition lawyer, as a Global Competition Review leading (competition) lawyer,<br />
and as an Asia leading (competition) lawyer by AsiaLaw.<br />
Before founding Woo Yun, Sai Ree was a public prosecutor with the Pusan District<br />
Prosecutor’s Office, an associate with the law firms of Lee & Ko and Baker &<br />
McKenzie (Chicago and New York), and a partner at Yoon & Partners. Sai Ree is a cohead<br />
of Woo Yun’s corporate and finance groups and the head of the firm’s antitrust<br />
team and primarily practices in the areas of taxation, corporate (with an emphasis on<br />
M&A), antitrust, and governmental relations law. He received LLB and LLM degrees<br />
from Seoul National University, a JD degree from Hastings College of Law,<br />
University of California, and an LLM degree from Harvard University.<br />
200 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
South Korea<br />
Henry An (see bio)<br />
Samil PricewaterhouseCoopers, Seoul<br />
Woo Hyun Baik<br />
Kim & Chang, Seoul<br />
Ken Cook<br />
Ernst & Young, Seoul<br />
So-Yong Kim (see bio)<br />
<strong>Deloitte</strong>, Seoul (see advert on inside front)<br />
Woo Taik Kim<br />
Kim & Chang, Seoul<br />
David Jin-Young Lee (see bio)<br />
Samil PricewaterhouseCoopers, Seoul<br />
John Lee<br />
Kim & Chang, Seoul<br />
Jong Yul Lee<br />
Kim & Chang, Seoul<br />
Il-Hwan Oh (see bio)<br />
Samil PricewaterhouseCoopers, Seoul<br />
Jae Jin (“Jay”) Shim (see bio)<br />
Woo Yun Kang Jeong & Han, Seoul<br />
Dong Jun Yeo<br />
Kim & Chang, Seoul<br />
Ando Yun<br />
Samil PricewaterhouseCoopers, Seoul<br />
Sai Ree Yun (see bio)<br />
Woo Yun Kang Jeong & Han, Seoul<br />
201
Spain<br />
<strong>Tax</strong> reforms keep pace with<br />
economic growth<br />
Ángel Calleja<br />
Garrigues<br />
Madrid<br />
It has been said that you can only successfully reform a tax<br />
system during periods of economic expansion and growth<br />
and that changes implemented during periods of recession<br />
simply come too late. If this is the case, then Spain’s tax<br />
regulators have certainly done their job during the last ten<br />
years.<br />
Over the last decade, Spain’s economy has done extremely<br />
well, outperforming that of its EU partners and growing at<br />
roughly twice their average rate. This prosperity has brought<br />
our economy straight to the front line of the international<br />
business arena, with our multinational enterprises becoming,<br />
for the first time, real actors on the global stage, completing<br />
very significant deals in almost every part of the world.<br />
In the meantime, since 1994, intense behind-the-scenes work by our tax legislators has<br />
been carefully aimed at bringing our tax system into line with, and even beyond, that of<br />
more modernized countries. Thus, for example, the drive towards economic globalization<br />
set to engulf every developed economic system was well anticipated by our lawmakers,<br />
who, among other measures, effectively regulated such tax vehicles as ETVEs – foreignsecurities<br />
holding companies – in a very competitive manner; a highly attractive<br />
exemption method for qualifying foreign-source dividends and gains, where expenses are<br />
deductible regardless of the tax exemption applicable to the main income; an additional<br />
exemption for profits earned by Spanish taxpayers from foreign-operating permanent<br />
establishments; an ambitious and well-targeted expansion of our international tax treaty<br />
network; and a provision enabling the tax deduction of goodwill on certain types of<br />
foreign acquisitions. One could well argue that the main driver behind all these changes<br />
was our legislators’ conviction that, since the times of Columbus, whenever the country<br />
has chosen to finance any form of ambitious major international expedition, a period of<br />
economic growth and prosperity in Spain has followed.<br />
New income tax law<br />
2006 has been no exception to the trend of recent years and tax reforms were once<br />
again on the agenda until, in November, the parliament finally approved highly<br />
significant new tax measures, including a new Personal Income <strong>Tax</strong> Law introducing<br />
a reduction and simplification of the rates, plus rules for a more neutral treatment of<br />
savings income. The new law is effective from January 1 2007.<br />
If we focus our attention on the taxation of corporate profits, the amendments now<br />
approved, set to enter into force in 2007 and beyond, are again of great relevance<br />
since, for the first time ever, they influence essential aspects of the calculation of<br />
corporate income tax, such as the rate and the system of existing tax credits.<br />
In this connection and particularly worthy of note, Spain’s general corporate income<br />
tax has now fallen by five points from 35% to 30% in only two years, while so-called<br />
non-technical tax credits and incentives, mainly aimed at the promotion of certain<br />
activities by Spanish corporations, such as export activities, are suppressed, either<br />
gradually or with immediate effect. The end result of all these measures, engendered<br />
by international competition for tax bases as well as the harmonization measures<br />
implemented to date in Brussels and Luxembourg, should be a more balanced and<br />
competitive tax system, effectively consolidating a framework which is attractive to<br />
both foreign concerns investing in Spain and Spanish entrepreneurs wishing to pursue<br />
a solid expansion of their operations abroad.<br />
Finally, transfer pricing is the undisputed star of this year’s reform. For the first time<br />
ever, relevant changes have been introduced in this field, which had previously merely<br />
adhered to general OECD principles. From January 1 2007, the burden of proof will<br />
202 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Spain<br />
be shifted from the administration onto the taxpayer; strict documentation<br />
requirements, expected to be in line with the EU Joint Transfer Pricing Forum<br />
conclusions, will be introduced, subject to automatic penalties for non-compliance.<br />
So-called secondary adjustments are also predicted. All these changes will allow<br />
multinational enterprises with operations in Spain, including Spanish companies<br />
which already have widespread international presence in Latin America, Europe and<br />
Asia, to devote significant resources to analysis, validation and documentation tasks in<br />
the future.<br />
The new income tax law, notwithstanding its importance, will, in all likelihood, not be<br />
an end station, but rather the gateway to further relevant changes in the years to come,<br />
linked not only to the mandatory introduction of new international accounting rules,<br />
but also to the pursuit of tax rate reduction and the elimination of credit. However this<br />
is probably a subject better suited to next edition’s article.<br />
203
Spain<br />
Ángel Calleja<br />
Garrigues<br />
Hermosilla, 3<br />
28001 Madrid<br />
Spain<br />
Tel: (34) 91 5145200<br />
Fax: (34) 91 3992408<br />
Email: angel.calleja@garrigues.com<br />
Website: www.garrigues.com<br />
Ángel Calleja joined the Spanish tax practice of Arthur Andersen, now Garrigues, in<br />
1986, after obtaining degrees in Law and in Economy from Madrid’s Universidad<br />
Pontificia de Comillas – ICADE. He has been a partner since 1997.<br />
Ángel is a specialist in international taxation and cross-border issues. He advises major<br />
multinationals, including US and EU groups, which have a business presence in Spain,<br />
as well as international institutions. He has been responsible in recent years for tax<br />
structuring and planning large investments made internationally by Spanish enterprises,<br />
with a strong focus on Latin America.<br />
As an international tax practitioner and transfer pricing specialist, he is frequently<br />
appointed as a speaker at conferences and seminars, both in Spain and abroad. He<br />
contributes to a variety of tax publications, and for the past 10 years has taught<br />
international taxation at several Spanish business schools.<br />
204 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Spain<br />
Alex Escoda<br />
Cuatrecasas<br />
Paseo de Gracia 111 Velázquez, 63<br />
08008 Barcelona 28001 Madrid<br />
Spain Spain<br />
Tel: (34) 93 290 55 44 Tel: (34) 91 524 71 00<br />
Fax: (34) 93 290 55 55 Fax: (34) 91 524 71 24<br />
Email: alejandro.escoda@cuatrecasas.com<br />
Website: www.cuatrecasas.com<br />
Mr Escoda has extensive experience in international mergers and acquisitions, crossborder<br />
investments, international reorganizations, designing holding and financial<br />
structures for international groups and planning international assets.<br />
He has been a speaker and participant at numerous seminars on international taxation<br />
and has also written several articles on the topic.<br />
He is co-chairman of the <strong>Tax</strong> Section of the International Bar Association (IBA) and is<br />
considered as leading individual tax lawyer by Chambers (2001-2007), European Legal 500<br />
(2002-2007), PLC Which Lawyer? (2007), International <strong>Tax</strong> Review (2005-2007), Who’s<br />
Who Legal (2002-2007) and European Legal Experts (2003-2007).<br />
205
Spain<br />
Ricardo Gómez<br />
Garrigues<br />
Hermosilla, 3<br />
28001 Madrid<br />
Spain<br />
Tel: (34) 91 5145200<br />
Fax: (34) 91 3992408<br />
Email: ricardo.gomez@garrigues.com<br />
Website: www.garrigues.com<br />
Ricardo Gómez graduated in 1981 in economics, business administration and in law<br />
from Universidad Comercial of Deusto. He joined Arthur Andersen in 1982, and in<br />
1993 was promoted to partner of the tax advisory division. Since 1997 he has been a<br />
partner at Garrigues Abogados.<br />
He specializes in counselling in the finance industry, multinational groups and in<br />
mergers and acquisitions.<br />
His expertise includes group reorganizations and international deal structuring. He has<br />
worked on management buyouts and leveraged buyouts, project financings, acquisitions<br />
and product design for the banking industry. He is a frequent speaker at seminars and<br />
conferences on these matters in Spain and abroad. He has been a member of the editorial<br />
board of two of the Recoletos Group financial newspapers (Expansión and Actualidad<br />
Económica).<br />
206 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Spain<br />
José Palacios<br />
Garrigues<br />
Hermosilla, 3<br />
28001 Madrid<br />
Spain<br />
Tel: (34) 91 514 52 00<br />
Fax: (34) 91 399 24 08<br />
Email: jose.palacios@garrigues.com<br />
Website: www.garrigues.com<br />
José Palacios is a tax partner in Garrigues’ Madrid office. José graduated in law from<br />
Universidad Complutense de Madrid and has two master’s degrees in tax law from<br />
Instituto de Empresa, Madrid. He is a member of the Madrid Bar Association.<br />
After working for a firm of tax lawyers, José joined Garrigues in January 1983, specializing<br />
in international tax planning. In 1986 he was temporarily transferred to the Brussels<br />
office, where he specialized in EU law. He coordinates the international tax practice in<br />
Spain, and represents Garrigues on several international forums in the area of<br />
international taxation.<br />
He specializes in advising multinational groups, especially in the areas of international tax<br />
planning, mergers, acquisitions and restructurings, transfer pricing, hospitality and<br />
leisure, agro-food industry and real estate.<br />
José was named as one of the most highly regarded tax advisers in Europe in surveys<br />
published by Euromoney in December 1997, April 1999, January 2001, January 2003 and<br />
January 2004, and the International <strong>Tax</strong> Review in September 1998 and June 2004, 2005<br />
and 2006, World <strong>Tax</strong> 2004, 2005 and 2006, and <strong>Tax</strong> Business 2004, 2005 and 2006, as well<br />
as by other reputable institutions (such as Chambers and Mondaq).<br />
José is a frequent speaker on international tax-related issues, both in Spain and abroad.<br />
He teaches international taxation at the Centro Europeo de Estudios y Formación<br />
Empresarial, a top Spanish business school.<br />
He is co-author of the book Spain as a Platform for International Business Activity, awarded<br />
the 1998 premio Círculo de Empresarios. He has participated in other specialist publications,<br />
including: The Handbook of International <strong>Tax</strong>ation (first edition in 2001 and second edition<br />
in 2004) by the <strong>Tax</strong> Studies Institute; Studies on the Convention between Spain and the United<br />
States to Avoid Double <strong>Tax</strong>ation (Gaceta Fiscal); and the International <strong>Tax</strong> Manual (second<br />
edition 2004 and third edition 2007) by Centro de Estudios Financieros.<br />
He has also written many articles in Spanish and foreign tax law journals and publications,<br />
including International <strong>Tax</strong> Review (Legal Media Group), European <strong>Tax</strong>ation and The<br />
Journal of International <strong>Tax</strong>ation, and coordinates Garrigues’ annual publication A Guide to<br />
Business in Spain published by the Spanish Ministry of Industry, Tourism and Trade.<br />
He has also attended numerous tax specialization seminars and courses in Spain and<br />
abroad.<br />
207
Spain<br />
Antonio Valdivia<br />
Garrigues<br />
Avda Diagonal 654, 1ºB<br />
08034 Barcelona<br />
Spain<br />
Tel: (34) 932533700<br />
Fax: (34) 932533790<br />
Email: antonio.valdivia@garrigues.com<br />
Website: www.garrigues.com<br />
Antonio Valdivia is a tax partner at Garrigues, located in the firm’s Barcelona office.<br />
Antonio graduated in economics and law and has attended various courses on tax and<br />
financial matters. He is a member of the Barcelona Bar Association.<br />
After working in the financial sector, Antonio joined Arthur Andersen in 1988,<br />
specializing in corporate tax. He also advises clients in the financial and insurance<br />
sectors.<br />
He works with large Spanish institutions in tax planning, coordinating teams of tax and<br />
legal experts. Antonio frequently teaches taxation at ESADE and at various other<br />
specialized public and private institutions.<br />
He speaks at seminars on finance, insurance and tax matters, as well as pension plans.<br />
He has also written articles in Spain in relation to his specialization.<br />
208 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Spain<br />
Felipe Alonso<br />
Baker & McKenzie, Madrid<br />
Luis Briones<br />
Baker & McKenzie, Madrid<br />
Ángel Calleja (see bio)<br />
Garrigues, Madrid<br />
Miguel Cruz Amorós<br />
Landwell - PricewaterhouseCoopers, Madrid<br />
Isidro del Saz Cordero<br />
Roca Junyent, Madrid<br />
Alejandro Escoda Montal (see bio)<br />
Cuatrecasas, Barcelona<br />
Rafael Fuster<br />
Uría Menéndez, Madrid<br />
Rafael García Llaneza<br />
Uría Menéndez, Madrid<br />
Ricardo Gómez (see bio)<br />
Garrigues, Madrid<br />
Jose Luis Gonzalo<br />
Ernst & Young, Madrid<br />
Miguel Klingenberg<br />
Freshfields Bruckhaus Deringer, Madrid<br />
Jesús López Tello<br />
Uría Menéndez, Madrid<br />
José Palacios (see bio)<br />
Garrigues, Madrid<br />
Eduardo Ramírez Medina<br />
Cuatrecasas, Madrid<br />
Gonzalo Rodés Vilà<br />
Rodés & Sala, Barcelona<br />
Andrés Sánchez López<br />
Cuatrecasas, Madrid<br />
Antonio Valdivia (see bio)<br />
Garrigues, Barcelona<br />
209
Sweden<br />
Joachim Agrell<br />
<strong>Deloitte</strong><br />
Rehnsgatan 11<br />
SE-113 79 Stockholm<br />
Sweden<br />
Tel: (46) 8 506 711 27<br />
Fax: (46) 8 506 724 01<br />
Email: jagrell@deloitte.se<br />
Website: www.deloitte.com<br />
Joachim Agrell is a tax partner and the head of <strong>Deloitte</strong>’s VAT practice in Stockholm.<br />
Before joining <strong>Deloitte</strong>, Joachim worked as a tax adviser at Arthur Andersen and as a<br />
VAT lawyer at one of Sweden’s largest law firms. He was a member of the Swedish Bar<br />
Association from 2003 to 2005, and in 2003, he was seconded to a large London-based<br />
law firm.<br />
Joachim has advised small and large companies, several listed on the stock exchange, in<br />
complex VAT matters, M&A-related VAT issues, correspondence with the <strong>Tax</strong> Agency<br />
etc. He is frequently engaged as legal representative in litigation.<br />
Joachim is a frequent lecturer at VAT seminars and has authored several articles on VAT,<br />
published in trade journals.<br />
For three years in a row, Joachim has been ranked as one of Sweden’s leading experts on<br />
indirect taxes.<br />
Joachim earned his LLM at the University of Uppsala in 1997 and is a member of the<br />
International Fiscal Association and FAR, the institute for the accountancy profession in<br />
Sweden.<br />
210 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Sweden<br />
Staffan Estberg<br />
Ernst & Young<br />
Box 7850<br />
SE-103 99 Stockholm<br />
Sweden<br />
Tel: (46) 8 520 59229<br />
Fax: (46) 8 520 51229<br />
Email: staffan.estberg@se.ey.com<br />
Website: www.ey.com/se<br />
Staffan Estberg gained his LLM in 1975, has been working as a tax lawyer at Ernst &<br />
Young since 1987 and has been a tax partner since 1991. Staffan was earlier employed<br />
by the Ministry of Finance, where for almost 10 years he was active with international<br />
tax questions within the legal department, especially tax treaty negotiations.<br />
Before that Staffan was reporting and judging at the Administrative Court of Appeal<br />
in Stockholm. Staffan has contributed as author to several publications and has also<br />
published articles in Swedish as well as international professional literature. Two<br />
ongoing engagements are:<br />
• Karnov (a commentary to Swedish laws) – responsible for the part dealing with<br />
international tax issues;<br />
• Svensk skattetidning (a Swedish tax journal) – member of the editorial board.<br />
Staffan specializes in international corporate taxation for corporations with global<br />
operations and focuses on capital market products.<br />
Staffan has also been engaged in international reorganization and acquisitions as well<br />
as in tax minimization studies.<br />
211
Sweden<br />
Ernst Forsberg<br />
PricewaterhouseCoopers<br />
Öhrlings PricewaterhouseCoopers<br />
SE-113 97 Stockholm<br />
Sweden<br />
Tel: (46) 8 555 331 53<br />
Fax: (46) 8 5982 3156<br />
Email: ernst.forsberg@se.pwc.com<br />
Website: www.pwc.com<br />
Ernst was born in 1950 and is a tax partner at PricewaterhouseCoopers in Stockholm,<br />
Sweden.<br />
He is a former Country Service Line Leader for <strong>Tax</strong> & Legal Services in Sweden and<br />
holds a Master of Laws from the University of Uppsala, 1977.<br />
Ernst has been practicing for 25 years as a professional tax adviser and has extensive<br />
experience of Swedish and international corporate taxation working with Swedish and<br />
multinational companies. Ernst joined PricewaterhouseCoopers in 1981 and became a<br />
partner 1986.<br />
212 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Sweden<br />
Lennart Staberg<br />
PricewaterhouseCoopers<br />
Öhrlings PricewaterhouseCoopers<br />
SE-113 97 Stockholm<br />
Sweden<br />
Tel: (46) 8 555 33 169<br />
Fax: (46) 8 598 23 169<br />
Email: lennart.staberg@se.pwc.com<br />
Website: www.pwc.com<br />
Lennart Staberg, who has a Master of Laws (LLM) degree from the University of<br />
Uppsala, joined PricewaterhouseCoopers in 1994. Before joining the firm, he was<br />
assistant judge of the Administrative Court of Appeal in Gothenburg and also deputy<br />
director with the National Council for Advance <strong>Tax</strong> Rulings. He has well over 15 years<br />
of experience from tax-related work.<br />
Lennart, who is a tax partner, specializes in providing tax consultancy services to the<br />
financial sector in Sweden and abroad. He also has extensive experience of tax litigation<br />
and services in relation to the structuring of private equity funds.<br />
Lennart’s principal clients are major Swedish companies and foreign companies with<br />
business activities in Sweden.<br />
213
Sweden<br />
Joachim Agrell (see bio)<br />
<strong>Deloitte</strong>, Stockholm (see advert on inside front)<br />
Bo Ahlstrand<br />
KPMG Bohlins, Stockholm<br />
Bill Andréasson<br />
Advokatfirman Bill Andreasson, Stockholm<br />
Staffan Estberg (see bio)<br />
Ernst & Young, Stockholm<br />
Ernst Forsberg (see bio)<br />
PricewaterhouseCoopers, Stockholm<br />
Lars Jonsson<br />
Linklaters, Stockholm<br />
Anders Köhlmark<br />
KPMG Bohlins, Stockholm<br />
Brita Munck-Persson<br />
Mannheimer Swartling, Stockholm<br />
Peter Nordquist<br />
Mannheimer Swartling, Stockholm<br />
Lennart Staberg (see bio)<br />
PricewaterhouseCoopers, Stockholm<br />
Nils C Von Koch<br />
KPMG Bohlins, Stockholm<br />
214 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Switzerland<br />
Peter R Altenburger<br />
Altenburger Attorneys at Law<br />
Seestrasse 39<br />
CH-8700 Küsnacht<br />
Switzerland<br />
Tel: (41) 44 914 88 88<br />
Fax: (41) 44 914 88 80<br />
Email: altenburger@altenburger.ch<br />
Website: www.altenburger.ch<br />
A founding member of Altenburger & Partners, Peter R Altenburger is specialized in<br />
international taxation and domestic corporate taxation, and has dealt extensively with<br />
tax matters relating to international corporate restructurings, mergers and<br />
acquisitions, international manufacturing and real estate entities. He co-founded the<br />
firm in 1978 and became a partner in 1981. Before starting his legal practice, he<br />
worked for one of the large chemical firms in Basle.<br />
Mr Altenburger is a member of the Zurich Bar Association, the Swiss Bar Association,<br />
the International Fiscal Association; he is an associate member of the American Bar<br />
Association, a founding member of the tax chapter of the Swiss-American Chamber of<br />
Commerce and a contributing member to the BNA <strong>Tax</strong> Management International<br />
Forum. He is on the executive committee of the MBL-HSG, an executive<br />
postgraduate international business law programme at the University of St Gallen. He<br />
writes and speaks frequently on tax topics, an example of which is his contribution to<br />
the BNA <strong>Tax</strong> Management Foreign Income Portfolio on Business Operations in Switzerland<br />
3rd edition (2007).<br />
Mr Altenburger graduated from Zurich University in 1968, obtained a masters degree<br />
in comparative law from the University of Michigan in Ann Arbor, an MBA from<br />
INSEAD, the European Institute of Business Administration in Fontainebleau, France<br />
and a Dr iur degree from the University of Basle.<br />
215
Switzerland<br />
Peter Athanas<br />
Ernst & Young AG<br />
Bleicherweg 21<br />
Post Office Box<br />
CH-8022 Zürich<br />
Switzerland<br />
Tel: (41) 058 286 44 01<br />
Fax: (41) 058 286 30 05<br />
Email: peter.athanas@ch.ey.com<br />
Website: www.ey.com/ch<br />
Peter Athanas is Ernst & Young’s CEO for Switzerland. He is a member of the global<br />
international tax services group of Ernst & Young and specializes in corporate national<br />
and international tax law, corporate finance/mergers and acquisitions, and cross-border<br />
corporate reorganizations and restructurings. He acts as external adviser to several large<br />
Swiss and non-Swiss multinationals as well as large family-owned businesses.<br />
Peter Athanas is professor for corporate and international tax law at the University of St<br />
Gall and member of the board of directors at the Institute of <strong>Tax</strong> Law and Public Finance<br />
at the University of St Gall. In 1996 he was nominated general reporter to the IFA-<br />
Congress in Geneva. Peter Athanas is member of the board of the Swiss Institute of<br />
Certified Accountants and <strong>Tax</strong> Consultants. He is co-editor and co-author of a<br />
commentary on Switzerland’s tax legislation and author of numerous publications on<br />
Swiss and international tax law. He is a frequent speaker at tax seminars and similar events.<br />
Peter Athanas is married and has two children.<br />
216 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Switzerland<br />
Maja Bauer-Balmelli<br />
Pestalozzi Lachenal Patry<br />
Löwenstrasse 1<br />
8001 Zürich<br />
Switzerland<br />
Tel: (41) 44 217 91 11<br />
Fax: (41) 44 217 92 17<br />
Email: maja.bauer-balmelli@plplaw.ch<br />
Website: www.plplaw.ch<br />
Dr Bauer-Balmelli, a partner at Pestalozzi Lachenal Patry, specializes in corporate tax<br />
law, international taxation, mergers and acquisitions, corporate restructuring and<br />
banking and financial market-related tax issues.<br />
Maja Bauer-Balmelli graduated from University of St Gall (HSG) in 1984, was<br />
admitted as a certified tax expert in 1990 and earned a doctorate in law in 2000 with<br />
her thesis “The tax-claim safeguarding aspect of the federal withholding tax on income<br />
from capital investments in Switzerland” from Zurich University. Before joining<br />
Pestalozzi Lachenal Patry in 2002 she was a long-standing partner at Andersen.<br />
She is a lecturer for international tax law at the University of Zurich and a frequent<br />
speaker at tax conferences and technical tax training seminars and has authored various<br />
professional articles on international and corporate taxation, withholding taxes and<br />
stamp taxes, as well as on various tax aspects specific to the finance market.<br />
Dr Maja Bauer-Balmelli is a member of the Swiss Takeover Board and used to serve<br />
for many years as a judge of the First Federal <strong>Tax</strong> Appeal Commission of the Canton<br />
of Zurich and as a member of the board of the Swiss <strong>Tax</strong> Academy.<br />
217
Switzerland<br />
Walter H Boss<br />
Blum Attorneys-at-Law<br />
Usteristrasse 14<br />
8021 Zürich<br />
Switzerland<br />
Tel: (41) 43 443 8800<br />
Fax: (41) 43 443 8899<br />
Email: w.boss@blumlegal.ch<br />
Website: www.blumlegal.ch<br />
Walter H Boss, a partner of Blum Attorneys-at-Law, practises domestic and international<br />
tax law and corporate law and has advised numerous Swiss and foreign clients with respect<br />
to corporate restructurings, mergers and acquisitions and new ventures.<br />
Walter H Boss graduated from the University of Berne and New York University<br />
School of Law (LLM, tax). He was legal counsel to the Federal <strong>Tax</strong> Administration,<br />
international department, and a delegate to the OECD Committee on Fiscal Affairs.<br />
He was also a partner at Ernst & Young’s international services office in New York and<br />
later at a large Zurich firm, before joining Blum Attorneys-at-Law. He was a senior<br />
correspondent of <strong>Tax</strong> Notes International and is a regular contributor to <strong>Tax</strong><br />
Management International Forum as well as co-author of a commentary on the US-<br />
Swiss tax treaty and a co-author of a commentary on Swiss corporate law.<br />
Walter H Boss is a member of the Swiss and Zurich Bar Associations, the International<br />
Bar Association, the American Bar Association, the International Fiscal Association<br />
and a member of the tax chapter board of the Swiss-American Chamber of Commerce.<br />
218 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Switzerland<br />
Pierre-Olivier Gehriger<br />
KPMG<br />
Badenerstrasse 172<br />
CH-8026 Zurich<br />
Switzerland<br />
Tel: (41) 44 249 30 70<br />
Fax: (41) 44 249 31 30<br />
Email: ogehriger@kpmg.com<br />
Website: www.kpmg.ch/tax<br />
Pierre-Olivier Gehriger specializes in insurance taxation and advising foreign-owned<br />
Swiss subsidaries and Swiss-based international groups in mergers and acquisitions,<br />
demergers and restructuring.<br />
He is a graduate of Hochschule St Gallen in Switzerland with Dr oec (1979).<br />
Olivier is a member of the Swiss branch of the International Fiscal Association and of<br />
the <strong>Tax</strong> Chapter of the Swiss-American Chamber of Commerce.<br />
Olivier has written and spoken frequently on several tax topics. Publications he has<br />
written include:<br />
• “Internationale Steuerplanung mit Holdinggesellschaften, Finanzgesellschaften und<br />
Captives”, Steuer Revue 1999;<br />
• “Besteuerung von Captives und Steuerplanung mit Captives”, Steuer Revue 2001;<br />
• “Holding- und Finanzgesellschaften als Instrumente der internationalen<br />
Steuerplanung”, Archiv für Abgaberecht 2003; and<br />
• “Praxisfragen im Zusammenhang mit Art. 15 des Zinsbesteuerungsabkommens”,<br />
Steuer Revue 2005.<br />
219
Switzerland<br />
Philip Robinson<br />
Ernst & Young AG<br />
Bleicherweg 21<br />
Post Office Box<br />
CH-8022 Zürich<br />
Switzerland<br />
Tel: (41) 058 286 31 97<br />
Fax: (41) 058 286 31 47<br />
Email: philip.robinson@ch.ey.com<br />
Website: www.ey.com/ch<br />
Dr Philip Robinson is Ernst & Young’s managing partner in tax for Switzerland and a<br />
member of the firm’s Swiss management committee. He is also the senior partner in<br />
the Swiss indirect tax practice and actively involved in coordinating and delivering<br />
highly specialized tax services to Swiss and international clients.<br />
Philip Robinson’s experience as a tax adviser covers most areas of taxation important<br />
for large corporations operating in an international environment, that is cross-border<br />
planning, transaction support, transfer pricing and indirect tax. In the area of value<br />
added tax, he is considered to be one of the top advisers in Switzerland.<br />
Philip Robinson has a doctorate in history from the University of Zurich and a masters<br />
degree in business administration and economics from the University of St Gallen. He<br />
is a certified Swiss tax expert and regularly publishes articles, acts as a seminar speaker<br />
and lectures at the University of Zurich. He is a member of the tax committee of the<br />
Swiss Fiduciary Chamber and of the executive board of the Swiss branch of the<br />
International Fiscal Association (IFA).<br />
Philip Robinson is married and has one child.<br />
220 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Switzerland<br />
Pietro Sansonetti<br />
Schellenberg Wittmer<br />
15bis, rue des Alpes<br />
PO Box<br />
CH-1211 Geneva 1<br />
Switzerland<br />
Tel: (41) 22 707 8000<br />
Fax: (41) 22 707 8001<br />
Email: pietro.sansonetti@swlegal.ch<br />
Website: www.swlegal.ch<br />
Pietro Sansonetti is a tax partner in the Geneva office of Schellenberg Wittmer. His<br />
practice focuses on domestic and international corporate tax matters, including<br />
complex situations requiring discussions with tax authorities. He is also active on<br />
behalf of individual clients, especially in tax issues related to partnerships and private<br />
clients and in enforcement matters.<br />
Mr Sansonetti is a former director of tax affairs (chief tax officer) at the Geneva <strong>Tax</strong><br />
Authority. He has also been chairman of the Swiss Examination Commission for <strong>Tax</strong><br />
Experts. He joined Schellenberg Wittmer as a partner in 1999. Mr Sansonetti lectures<br />
regularly at international and Swiss seminars sponsored by the IFA and various Swiss<br />
tax and law societies, as well as at the Swiss <strong>Tax</strong> Academy (<strong>Tax</strong> Expert School). He has<br />
published on a range of tax and legal issues within his professional expertise.<br />
Mr Sansonetti was born in 1960 in Switzerland. He graduated from the University of<br />
Geneva School of Law in 1982. He was admitted to the Geneva Bar in 1985 and<br />
became a Swiss certified tax expert in 1990, while a tax manager with Arthur Andersen.<br />
He is fluent in English, French, German and Italian.<br />
Schellenberg Wittmer is one of the leading business law firms in Switzerland with<br />
offices in Zurich and Geneva offering the expertise and specialization of more than<br />
100 lawyers. The firm’s core practice areas are corporate/mergers and acquisitions,<br />
banking and finance, capital markets, tax, private capital/estate planning, and dispute<br />
resolution. Its corporate/mergers and acquisitions practice group, one of the largest<br />
and most specialized in Switzerland, is supported by experienced teams in tax, IP/IT,<br />
real estate and merger control, as well as insolvency and restructuring, and is<br />
complemented by the firm’s litigation and arbitration practice group with extensive<br />
expertise in corporate and mergers and acquisition matters.<br />
221
Switzerland<br />
Peter R Altenburger (see bio)<br />
Altenburger, Küsnacht-Zurich<br />
Peter Athanas (see bio)<br />
Ernst & Young, Zurich<br />
Maja Bauer-Balmelli (see bio)<br />
Pestalozzi Lachenal Patry, Zurich<br />
Peter Böckli<br />
Böckli Bodmer & Partner, Basel<br />
Walter H Boss (see bio)<br />
Blum Attorneys-at-Law, Zurich<br />
Nico H Burki<br />
Burki Attorneys-at-Law, Zurich<br />
Yvon de Coulon<br />
<strong>Deloitte</strong>, Geneva (see advert on inside front)<br />
Marcus Desax<br />
Pestalozzi Lachenal Patry, Zurich<br />
Marco Duss<br />
Altorfer Duss & Beilstein, Zurich<br />
Pierre-Olivier Gehriger (see bio)<br />
KPMG, Zurich<br />
Pierre Gillioz<br />
Gillioz Dorsaz & Associes, Geneva<br />
Pierre Marie Glauser<br />
Oberson & Partners, Geneva<br />
Thomas Graf<br />
Niederer Kraft & Frey, Zurich<br />
Carl Heggli<br />
Borel & Barbey, Geneva<br />
Reto J Kuster<br />
Bratschi Emch Rechtsanwälte, Bern<br />
Stephan Neidhardt<br />
Prager Dreifuss, Zurich<br />
Markus Neuhaus<br />
PricewaterhouseCoopers, Zurich<br />
Xavier Oberson<br />
Oberson & Partners, Geneva<br />
Peter Reinarz<br />
Bär & Karrer, Zurich<br />
Peter Riedweg<br />
Homburger, Zurich<br />
222 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Switzerland<br />
Philip Robinson (see bio)<br />
Ernst & Young, Zurich<br />
Heini Ruedisuehli<br />
Lenz & Staehelin, Zurich<br />
Pietro Sansonetti (see bio)<br />
Schellenberg Wittmer, Geneva<br />
Eveline Saupper<br />
Homburger, Zurich<br />
Henri Torrione<br />
Lenz & Staehelin, Geneva<br />
223
United Kingdom<br />
Chris Adams<br />
<strong>Deloitte</strong><br />
180 Strand<br />
London WC2R 1BL<br />
UK<br />
Tel: (44) 20 7007 3763; (44) 7831 548106 (mobile)<br />
Fax: (44) 20 7007 3464<br />
Email: cdadams@deloitte.co.uk<br />
Website: www.deloitte.co.uk<br />
Chris Adams is an international tax partner based in London. He is the national director<br />
of <strong>Deloitte</strong>’s transfer-pricing practice in the UK with his main concentration in global<br />
and pan-European transfer pricing, primarily for US and European MNCs. Chris also<br />
has global responsibility within the <strong>Deloitte</strong> international tax service line for crossborder<br />
idea generation and dissemination and overall international tax knowledge.<br />
Mr Adams has more than 20 years of international tax experience covering the gamut of<br />
international and UK corporate tax issues. Over the last 10 years he has specialized in<br />
transfer pricing and is credited with founding Arthur Andersen’s UK and European<br />
transfer-pricing practices. With a strong background in cross-border tax planning, Chris<br />
has focused his transfer-pricing work in this area. His experience covers a wide range of<br />
industries, including extensive work in the technology, media and telecom sectors.<br />
After gaining a doctorate at Cambridge University, Chris spent three years with the<br />
Inland Revenue before joining a large accounting firm in 1984. He became a partner in<br />
1991 and joined <strong>Deloitte</strong> in 2002. He is a fellow of the Institute of Chartered<br />
Accountants.<br />
Chris is a frequent speaker at conferences focusing on international tax planning issues<br />
and transfer pricing. He is author of Global Transfer Pricing: Principles and Practice<br />
(LexisNexis, 2003) and contributes the annual chapters on transfer pricing to Simons<br />
<strong>Tax</strong>es and Tolleys <strong>Tax</strong> Planning.<br />
He served for several years as a member of the UK Chartered Institute of <strong>Tax</strong>ation’s<br />
International <strong>Tax</strong>es Committee and is a member of the OECD BIAC Task Force on<br />
Transfer Pricing and Stock Options.<br />
Chris is listed in the Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong> and the Guide to the World’s<br />
Leading Transfer Pricing <strong>Advisers</strong> surveys conducted by Legal Media Group and as a<br />
leading UK tax adviser in the International <strong>Tax</strong> Review survey.<br />
224 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United Kingdom<br />
Mark Atkinson<br />
<strong>Deloitte</strong><br />
180 Strand<br />
London WC2R 1BL<br />
UK<br />
Tel: (44) 20 7007 3797<br />
Fax: (44) 20 7007 3464<br />
Email: matkinson@deloitte.com<br />
Website: www.deloitte.com<br />
Mark Atkinson is a tax partner and leads the <strong>Deloitte</strong> & Touche UK transfer-pricing<br />
group. He has 12 years’ experience as a full-time UK transfer-pricing specialist. This has<br />
included working both for the UK Inland Revenue international division as a senior<br />
investigator on some of the division’s largest transfer-pricing cases and as a professional<br />
adviser assisting clients in strategic planning, the preparation of transfer-pricing<br />
documentation and defending transfer prices from challenge by Revenue authorities. He<br />
has had experience with a wide variety of large European transfer-pricing planning<br />
projects and works closely with clients and other tax and business consultants on aspects<br />
such as the implementation of commissionaire structures, securitizations and the<br />
movement of risks and intangibles to reflect business change. His clients have included<br />
Japanese, European and US multinational corporations in a wide range of industries.<br />
The <strong>Deloitte</strong> & Touche UK transfer-pricing group is a key part of <strong>Deloitte</strong>’s global<br />
transfer-pricing practice. The UK group consists of more than 50 specialists from a<br />
variety of international backgrounds, including economists, business analysts,<br />
accountants, revenue inspectors and industry experts. The senior members of the<br />
group (many of whom are listed in this publication) specialize in one or more of the<br />
following areas: advance-pricing agreements and competent authority referrals,<br />
financial services, pharmaceuticals, telecommunications, business transformation and<br />
global earnings mobility, transfers of intangibles, and funding and thin-capitalization.<br />
Mr Atkinson is co-author of International Transfer Pricing – A Practical Guide for Finance<br />
Directors, published by Financial Times Management, and is a frequent speaker at<br />
seminars. He is well known as a specialist in his field.<br />
225
United Kingdom<br />
Terry Awan<br />
<strong>Deloitte</strong><br />
Athene Place<br />
66 Shoe Lane<br />
London EC4A 3BQ<br />
UK<br />
Tel: (44) 20 7007 1817<br />
Fax: (44) 20 7007 1067<br />
Email: tawan@deloitte.co.uk<br />
Website: www.deloitte.com<br />
Terry Awan has been working as a tax professional for over 27 years, having joined the<br />
London office of Arthur Andersen in 1977. He has, from an early stage in his career,<br />
specialized serving global businesses and in this context spent a year in the Chicago<br />
office of Arthur Andersen as part of an international exchange programme. He has<br />
been a partner since 1985.<br />
Terry serves a range of multinational clients, with particular focus on the private equity<br />
and consumer business sectors. He heads up the UK firm’s private equity industry<br />
team and is a member of the tax executive responsible for clients and markets.<br />
Specializing in cross-border mergers, acquisitions, reorganizations, disposals,<br />
financing and related capital flows, including capitalizations and repatriations, Terry is<br />
a key figure with <strong>Deloitte</strong>’s leadership team.<br />
226 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United Kingdom<br />
Richard A Boykin<br />
KPMG<br />
1-2 Dorset Rise<br />
London EC4V 8EN<br />
UK<br />
Tel: (44) 20 7311 3379<br />
Fax: (44) 20 7311 2850<br />
Email: richard.boykin@kpmg.co.uk<br />
Website: www.kpmg.com<br />
Dr Richard (Dick) Boykin is KPMG’s Executive Partner for Global Markets, <strong>Tax</strong>,<br />
working out of the firm’s London office. He also serves KPMG’s clients, primarily in<br />
the US and Europe, as a transfer pricing adviser.<br />
Prior to assuming this role, Dr Boykin was Managing Principal of KPMG’s International<br />
Corporate Services (ICS). ICS includes international tax, transfer pricing, valuations,<br />
trade and customs, and KPMG’s International <strong>Tax</strong> Centers of Excellence. He has also<br />
managed the firm’s Global Transfer Pricing Services (GTPS) group. GTPS comprises<br />
about 300 economists, lawyers and tax and financial professionals located in various<br />
KPMG offices in the United States, Europe, and Asia-Pacific.<br />
Before joining KPMG, Dr Boykin worked for a large economic consulting firm where<br />
he provided consulting services and expert testimony on price, cost and labour market<br />
issues, and managed the econometric modelling and forecasting efforts for key<br />
products and engagements. He also taught graduate and undergraduate courses at the<br />
University of Maryland, including microeconomics, macroeconomics, industrial<br />
organization, time series statistical methods and strategic planning.<br />
Dick’s experience in transfer pricing includes managing KPMG’s litigation support<br />
efforts in several substantial inter-company pricing cases, dozens of transfer price<br />
planning and documentation projects, and the valuation of intangible assets in the<br />
food, apparel, electronics, scientific instruments, hotel, restaurant and software<br />
industries. He has written many articles on transfer pricing and is a frequent speaker<br />
on the subject and related issues.<br />
Dr Boykin has a PhD in Economics from the University of Maryland, where he also<br />
obtained BSc and BA degrees (summa cum laude). He is a member of several professional<br />
organizations for economists.<br />
227
United Kingdom<br />
Andrew Casley<br />
PricewaterhouseCoopers<br />
1 Embankment Place<br />
London WC2N 6RH<br />
UK<br />
Tel: (44) 20 7213 3685<br />
Fax: (44) 20 7804 4938<br />
Email: andrew.j.casley@uk.pwc.com<br />
Website: www.pwc.com<br />
Andrew is a partner with the UK firm of PricewaterhouseCoopers LLP and is based<br />
in London. He received an honours degree in economics from Bristol University in<br />
1987 and qualified as a chartered accountant in 1990. Originally an international tax<br />
specialist, since qualifying he has worked in the firm’s offices in London, Budapest and<br />
Amsterdam where he dealt with transfer pricing issues as well as regular international<br />
tax work. On returning to London in 1995 he became a dedicated transfer pricing<br />
specialist and has been working almost exclusively in this area ever since.<br />
Andrew’s international experience covers both commercial and tax issues across<br />
Europe in a range of different industries. He has worked on a number of commercial<br />
restructuring projects, acquisitions and privatization deals; he has managed large scale<br />
international tax planning projects for a number of multinationals based in a range of<br />
different countries; and he has hands on experience of negotiating with the tax<br />
authorities in the UK and abroad. Andrew focuses on both transfer pricing project<br />
work, including advance pricing agreements, and tax audit defence work.<br />
Andrew is a regular contributor to a number of publications including the <strong>Tax</strong> Planning<br />
International Review and the IBFD’s International Transfer Pricing Journal.<br />
228 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United Kingdom<br />
Annie Devoy<br />
PricewaterhouseCoopers<br />
Southwark Towers<br />
32 London Bridge Street<br />
London SE1 9SY<br />
UK<br />
Tel: (44) 20 7212 5572<br />
Fax: (44) 20 7212 5452<br />
Email: annie.e.devoy@uk.pwc.com<br />
Website: www.pwc.com<br />
Annie is a partner with the UK firm of PricewaterhouseCoopers and is based in<br />
London. She has an MA in jurisprudence from Oxford University and qualified as a<br />
chartered accountant in 1988. Annie, who has worked for the firm in London and New<br />
York, has an international tax background, specializing in transfer pricing for the last<br />
10 years. She has extensive experience across a wide range of sectors. Annie leads large<br />
global transfer pricing planning assignments for multinationals, advance pricing<br />
agreement negotiations and defence projects.<br />
Annie leads the firm’s financial services transfer pricing practice and works with banks,<br />
insurance companies and investment management operations to develop, plan and<br />
defend their approach to transfer pricing. She advises on the effective and pragmatic<br />
implementation of pricing strategies.<br />
Annie speaks at conferences around the world on transfer pricing law and practice, and<br />
on the OECD’s pricing and branch profit attribution initiatives.<br />
229
United Kingdom<br />
Fred R Gander<br />
Dewey Ballantine<br />
One London Wall<br />
London EC2Y 5EZ<br />
UK<br />
Tel: (44) 20 7456 6021<br />
Fax: (44) 20 7456 6001<br />
Email: fgander@deweyballantine.com<br />
Website: www.deweyballantine.com<br />
Fred Gander is a member of Dewey Ballantine’s management committee. He specializes<br />
in international tax matters and is the managing partner of Dewey Ballantine’s London<br />
office. Mr Gander is a certified public accountant as well as a lawyer. He has been<br />
resident in the firm’s London office since 1991, prior to which he was in the Washington<br />
office from 1986.<br />
Mr Gander advises financial institutions and multinational corporations on the taxation<br />
of their cross-border transactions and business operations. In particular, he assists several<br />
multinational corporate groups in implementing cross-border structured financing and<br />
derivatives transactions; creating centralized treasury and foreign exchange management<br />
centres in Europe; developing tax-efficient profit repatriation strategies; and structuring<br />
cross-border reorganizations, joint ventures, mergers, dispositions and acquisitions.<br />
Mr Gander also advises several multinational corporations with respect to a wide range<br />
of US international tax issues, including foreign tax credit utilization and planning, the<br />
subpart F and passive foreign investment company rules, structuring US operations of<br />
non-US based groups, international tax treaty matters and the US taxation of complex<br />
financial products and hybrid instruments.<br />
Mr Gander is a regular speaker at international tax conferences in Europe and the<br />
United States.<br />
He obtained a BS in accounting at Georgetown University in 1981, and received his JD<br />
from Georgetown University Law Center in 1986.<br />
230 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United Kingdom<br />
Ron Haigh<br />
<strong>Deloitte</strong><br />
180 Strand<br />
London WC2R 1BL<br />
UK<br />
Tel: (44) 20 7007 3783<br />
Fax: (44) 20 7007 3430<br />
Email: rhaigh@deloitte.co.uk<br />
Website: www.deloitte.com<br />
Ron Haigh is a partner in the London office international tax group of <strong>Deloitte</strong> &<br />
Touche. He is also global director of the <strong>Deloitte</strong> & Touche international competent<br />
authority practice and a member of each of the International Direct <strong>Tax</strong>es subcommittee<br />
of the Confederation of British Industry, OECD’s Business and Industry<br />
Advisory Committee and of the Confederation Fiscale Europeenne. Ron is also business<br />
co-chair of OECD’s Transfer Pricing Experts group. He features both in Legal Media<br />
Group’s 2001 and 2004 Guide to the World’s Leading Transfer Pricing <strong>Advisers</strong> and its 2002<br />
Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>. He is a frequent speaker and published author<br />
on international tax matters.<br />
Before joining <strong>Deloitte</strong> & Touche in April 2001, Mr Haigh was the deputy director of<br />
the Inland Revenue’s international division, responsible for all business tax areas with<br />
an international dimension, including transfer pricing, international financial matters,<br />
residence issues relating to the corporate sector, Treasury consents under Section 765<br />
and the UK’s controlled foreign companies legislation. In this role, he was responsible<br />
for introducing major changes to the transfer-pricing and CFC legislation contained<br />
in the 1998 Finance Act and for the introduction in the 1999 Finance Act of the<br />
domestic advanced-pricing agreement process.<br />
During his years in the international division, Mr Haigh was the UK’s competent<br />
authority for the purposes of its double-taxation agreements in the transfer-pricing area<br />
and played a prominent role in the renegotiation of the UK’s double-taxation agreement<br />
with the US. Additionally, until early 2001 and for eight years before that, he chaired the<br />
OECD’s Working Party and its Steering Group on the <strong>Tax</strong>ation of Multinational<br />
Enterprises. This group was responsible for producing the 1995 document, Transfer<br />
Pricing Guidelines for Multinational Enterprises and <strong>Tax</strong> Administrations and for the<br />
discussion draft issued in February 2001 on the attribution of profits to permanent<br />
establishments.<br />
With a career spanning 40 years, including time with the Inland Revenue and private<br />
practice, Mr Haigh has had over 24 years’ international tax experience at the highest<br />
level. He now represents both UK and foreign-based multinational clients in<br />
optimizing group structures, planning transactions with international implications,<br />
advising on advance-pricing agreements, and in building and conducting defence<br />
strategies, including ensuring adequate transfer-pricing documentation. He also<br />
advises on handling government contacts and specific negotiations – in particular,<br />
those between competent authorities under the mutual agreement procedure of<br />
treaties and EU Arbitration Convention – and in lobbying for change.<br />
231
United Kingdom<br />
Steve Hasson<br />
PricewaterhouseCoopers<br />
1 Embankment Place<br />
London WC2N 6RH<br />
UK<br />
Tel: (44) 20 7804 5393<br />
Fax: (44) 20 7804 4449<br />
Email: steve.hasson@uk.pwc.com<br />
Website: www.pwc.com<br />
Steve Hasson is an international tax partner in the London office of Pricewaterhouse-<br />
Coopers. He has over 25 years’ experience in international taxation and is a nationallyrecognized<br />
expert in his field of structuring and defending transfer pricing strategies. He<br />
has often been recognized as one of the leading transfer pricing advisers and was recently<br />
included in Euromoney’s Best of the Best.<br />
Steve’s practice focuses on resolving transfer pricing controversies through direct<br />
negotiation with tax authorities, advance pricing agreements, litigation and the use of<br />
double tax treaty procedures.<br />
Steve has represented a wide range of clients and has successfully negotiated conclusions<br />
to numerous complex transfer pricing disputes and competent authority matters in the<br />
UK. His recent cases include high-profile operations in the semiconductor and hightech<br />
sectors.<br />
In addition to his work with large corporate clients he has worked with a number of<br />
governments and tax authorities in emerging markets to create a satisfactory<br />
investment climate.<br />
Steve ran his own specialist tax consultancy for a number of years before joining a<br />
predecessor firm to PricewaterhouseCoopers in 1991.<br />
Steve is a regular speaker both in the UK and internationally on transfer pricing issues.<br />
He is also a regular contributor to professional journals on emerging transfer pricing<br />
trends and issues.<br />
Steve is a graduate in Business Economics and is a fellow of the Institute of Chartered<br />
Accountants in England and Wales.<br />
232 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United Kingdom<br />
John Henshall<br />
<strong>Deloitte</strong><br />
180 Strand<br />
London WC2R 1BL<br />
UK<br />
Tel: (44) 20 7007 3793; (44) 20 7778 266 206 (mobile)<br />
Fax: (44) 20 7007 4075<br />
Email: jhenshall@deloitte.co.uk<br />
Website: www.deloitte.co.uk<br />
John Henshall is an international tax partner based in London, specializing in transfer<br />
pricing and supply-chain reorganizations. His experience covers all aspects of crossborder<br />
planning, pricing, implementation, and tax audit defence.<br />
Mr Henshall first engaged in business transformation work in 1991. More recently, he<br />
has assisted companies in the FMCG, electronics, chemicals, financial, retail,<br />
biotechnology, defence, finance and medical industries in the development and/or tax<br />
audit defence of their tax-optimized business structures.<br />
Mr Henshall is a leading expert in the transfer pricing of intellectual property. His<br />
experience covers brands, business names, trade marks, patents, know-how and most<br />
other forms of intellectual property. His work in this field includes both planning (such<br />
as migration from UK ownership and using franchise models to optimize group tax<br />
charge) and defence (both of licence fees or of the absence of a licence fee) for large<br />
multinationals.<br />
Mr Henshall’s project work includes:<br />
• acting as lead partner on feasibility, design and implementation of several supplychain<br />
projects covering commissionaire, stripped buy-sell, contract and toll<br />
manufacturing, contract research and development, IP licensing, franchising,<br />
central purchasing, and shared service centres;<br />
• tax audit defence review and advocacy;<br />
• transfer pricing on supply-chain structures.<br />
• experience in the telecommunications, biotech, medical device, manufacturing, oil<br />
and gas, fast-moving consumer goods, financial, pharmaceutical, automotive and<br />
aerospace sectors.<br />
Training initially with the UK’s Inland Revenue, Mr Henshall went into private<br />
practice in 1988. He is published regularly in international tax journals and is sought<br />
for comment in articles concerning supply-chain reorganizations. Mr Henshall<br />
submits material to the OECD on the transfer pricing and permanent establishment<br />
issues raised by these structures. He also lectures in the UK and Europe on transfer<br />
pricing, intellectual property taxation and business transformations. Foreign<br />
governments (including the People’s Republic of China and the Islamic Republic of<br />
Iran) have consulted him regarding the modernization of their approach to<br />
international taxation.<br />
233
United Kingdom<br />
Andrew Hickman<br />
KPMG<br />
1 Puddle Dock<br />
London EC4V 3PD<br />
UK<br />
Tel: (44) 20 7694 4478<br />
Fax: (44) 20 7311 2850<br />
Email: andrew.hickman@kpmg.co.uk<br />
Website: www.kpmg.com<br />
Andrew Hickman leads coordination of KPMG’s global transfer pricing resolution<br />
network, focusing on development, implementation, and documentation of transfer<br />
pricing strategies, effective dispute resolution, elimination of double taxation through<br />
competent authority/arbitration procedures, and managing transfer-pricing risk<br />
through advance-pricing agreements (APAs).<br />
Before joining KPMG LLP (UK), he was responsible for introducing and managing<br />
HMRC’s APA programme. Andrew also acted as delegated competent authority for<br />
negotiating with other tax administrations and seeking to eliminate under the mutual<br />
agreement procedure of tax treaties and under the European Arbitration Convention<br />
double taxation arising from transfer pricing adjustments. He was UK delegate at<br />
OECD during the production of the influential OECD Transfer Pricing Guidelines<br />
and contributed significantly to the drafting of the revised international consensus on<br />
transfer pricing. He participates in the EU Joint Transfer Pricing Forum.<br />
Leading the coordination of KPMG member firm colleagues internationally, he has<br />
directed responses to transfer pricing audits, participated in numerous APAs and<br />
competent authority negotiations and has obtained bilateral and unilateral APAs across<br />
a range of business sectors, including engineering, automotive, electronics,<br />
pharmaceuticals, chemicals, construction, high-tech, and financial. Countries involved<br />
cover the UK, France, Ireland, The Netherlands, Belgium, Germany, Japan, US,<br />
Australia and Canada.<br />
234 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United Kingdom<br />
Erica Howard<br />
KPMG<br />
1 Puddle Dock<br />
London EC4V 3PD<br />
UK<br />
Tel: (44) 20 7311 2549<br />
Fax: (44) 20 7311 2850<br />
Email: erica.howard@kpmg.co.uk<br />
Website: www.kpmg.com<br />
Erica is a partner in the KPMG LLP’s (UK firm) London-based global transfer pricing<br />
group. After being recruited to the Inland Revenue in 1987 Erica trained as an inspector<br />
of taxes and worked on a wide range of tax issues. In 1995 she joined the Inland<br />
Revenue’s international division and spent three years working as part of its transferpricing<br />
team.<br />
While in the international division, Erica was involved in a number of transfer-pricing<br />
investigations into large multi-national enterprises. She was also responsible for<br />
advising network inspectors on transfer-pricing issues, dealing with treaty clearance<br />
applications in respect of royalty payments to overseas associates, and writing and<br />
presenting transfer-pricing training material.<br />
Since her arrival at KPMG in 1998, Erica has provided a range of clients with transferpricing<br />
tax audit advice as well as providing tax input into economic reviews undertaken<br />
by the transfer-pricing group. Erica Howard has been involved in a wide range of<br />
transfer-pricing assignments covering Inland Revenue inquiries, advance-pricing<br />
agreements, and preparation of documents to support international intragroup pricing.<br />
Ms Howard has also worked closely with clients who have licensed KPMG’s Interpreter<br />
transfer pricing software. The industries in which Ms Howard has specific experience<br />
include the financial sector, industrial product manufacturing and distribution and retail.<br />
Her principal focus is on transfer pricing for financial sector clients. Erica is heading up<br />
the KPMG in the UK group responsible for responding to the draft OECD papers on<br />
the attribution of profits to permanent establishments.<br />
Before embarking upon a career in tax, Erica worked as a research scientist for the<br />
United Kingdom Atomic Energy Authority.<br />
235
United Kingdom<br />
Charles G Lubar<br />
Morgan, Lewis & Bockius LLP<br />
2 Gresham Street<br />
London EC2V 7PE<br />
UK<br />
Tel: (44) 20 7710 5531<br />
Fax: (44) 20 7710 5600<br />
Email: clubar@morganlewis.com<br />
Website: www.morganlewis.com<br />
Charles G Lubar is the senior partner in the London office of Morgan Lewis. His<br />
practice focuses on all aspects of corporate and international taxation covering<br />
inbound investment into the UK and the US and outbound investment from the US<br />
into Europe. He also has had extensive experience in international estate planning,<br />
high-net-worth tax planning, and the international taxation of the entertainment<br />
industry. Over the years he has represented many well-known names in the<br />
entertainment industry including Michael Jackson, the Muppets, John Cleese, Duran<br />
Duran, Ivo Pogorelich, Erich Segal, John Barry, Jane Seymour and others.<br />
Mr Lubar has been a frequent speaker at international tax conferences and has<br />
contributed numerous articles to various legal and tax publications. He has recently<br />
retired after 13 years as president of the Yale Club of London and was, for 11 years, a<br />
member of the Fulbright Commission in the UK where he chaired several committees.<br />
Mr Lubar graduated, magna cum laude, from Yale University in 1963. He obtained his<br />
law degree from Harvard Law School in 1966, and an LLM in taxation from<br />
Georgetown Law Centre in 1967.<br />
236 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United Kingdom<br />
Ben Regan<br />
<strong>Deloitte</strong><br />
180 Strand<br />
London WC2R 1BL<br />
UK<br />
Tel: (44) 20 7007 0603; (44) 7740 246200 (mobile)<br />
Fax: (44) 20 7007 4075<br />
Email: beregan@deloitte.co.uk<br />
Website: www.deloitte.com<br />
Ben Regan is a senior manager in <strong>Deloitte</strong>’s London transfer-pricing practice. While<br />
Ben’s main specialization is in transfer pricing, he also has a broad background in<br />
professional services, including strategy consulting and economic consulting.<br />
Ben has worked with UK, European and US multinationals in a wide range of industries,<br />
with extensive experience in pharmaceuticals, healthcare, and the oil industry. Ben’s<br />
particular interest is in the development and application of financial and economic<br />
modelling techniques for pricing complex transactions.<br />
Ben is the co-author with Chris Adams (who is also listed in this publication) of the<br />
chapter on transfer pricing in Tolleys <strong>Tax</strong> Planning. He holds a doctorate from Cambridge<br />
University.<br />
237
United Kingdom<br />
Chris Rolfe<br />
PricewaterhouseCoopers<br />
1 Embankment Place<br />
London WC2N 6RH<br />
UK<br />
Tel: (44) 20 7213 1198<br />
Fax: (44) 20 7804 4449<br />
Email: chris.d.rolfe@uk.pwc.com<br />
Website: www.pwc.com<br />
Chris has specialized in international corporate tax issues for over 25 years and has<br />
advised many corporations on a wide range of structuring and financing matters. His<br />
leading position in the professional world is evidenced by his listings in both The Guide<br />
to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong> and The Guide to the World’s Leading Transfer Pricing<br />
<strong>Advisers</strong> since these annual publications began in 1998. In a special publication Best of<br />
the Best 2003, Chris was named as one of the top 25 transfer-pricing advisers worldwide.<br />
As worldwide head of PricewaterhouseCoopers’ transfer-pricing services team, Chris<br />
leads a multi-disciplinary team of lawyers, accountants and economists specializing in<br />
transfer-pricing issues. The team helps multinational companies to deal with the issues<br />
that arise from the ever-growing level of cross-border trade at a time when governments<br />
are establishing increasingly complex tax law to monitor transfer-pricing policies.<br />
A regular speaker in professional conferences, Chris has, since 1993, edited<br />
International Transfer Pricing. The 2004 edition includes, in addition to a general<br />
treatment of transfer-pricing issues, detailed commentary on transfer-pricing matters<br />
in over 40 countries.<br />
Based with PricewaterhouseCoopers in London, Chris has travelled widely on<br />
business and has extensive experience of working overseas, having spent several years<br />
based in Brussels and then Paris.<br />
Chris was recently appointed as one of the 10 business members of the Joint Transfer<br />
Pricing Forum established in 2002 by the European Union as part of its tax reform<br />
programme.<br />
238 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United Kingdom<br />
John Sheer<br />
PricewaterhouseCoopers<br />
1 Embankment Place<br />
London WC2N 6RH<br />
UK<br />
Tel: (44) 20 7804 5848<br />
Fax: (44) 20 7804 4449<br />
Email: john.sheer@uk.pwc.com<br />
Website: www.pwc.com<br />
After graduating with a degree in economics from the University of Cambridge in 1979,<br />
John qualified as a chartered accountant and worked for many years as an international<br />
tax specialist. He has focused exclusively on transfer pricing since 1991. Since then he<br />
has been one of the firm’s leading transfer-pricing partners and is listed in both The Guide<br />
to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong> and The Guide to the World’s Leading Transfer Pricing<br />
<strong>Advisers</strong>.<br />
John has extensive experience in all areas of transfer pricing, working with clients across<br />
a wide range of industries. He delivers value to his clients by matching their specific<br />
commercial realities and needs with deep economic analysis and the practicalities of<br />
dealing with Revenue authorities. Over the years John has had to tackle several mission<br />
impossible problems in both the dispute resolution and planning areas. These challenges<br />
have been overcome by applying a combination of creativity, determination and hard<br />
work – not always in that order.<br />
John is a regular presenter at transfer-pricing conferences and seminars.<br />
239
United Kingdom<br />
Eric Tomsett<br />
<strong>Deloitte</strong><br />
180 Strand<br />
London WC2R 1BL<br />
UK<br />
Tel: (44) 20 7007 0899<br />
Fax: (44) 20 7007 0169<br />
Email: etomsett@deloitte.co.uk<br />
Website: www.deloitte.co.uk<br />
Eric Tomsett has been an international tax partner in the London office of the <strong>Deloitte</strong><br />
Touche Tohmatsu member firm since 1983 and has more than 30 years’ experience in<br />
taxation. He is a fellow of the Institute of Chartered Accountants and a chartered tax<br />
adviser.<br />
Mr Tomsett is engaged in planning international structures and cross-border mergers and<br />
acquisitions transactions for large multinational corporations based in Asia, Europe and<br />
the US. He specializes in tax-efficient international financial structures, intellectual<br />
property tax planning, transfer pricing, thin capitalization and the taxation of electronic<br />
commerce, and international telecommunication activities. Mr Tomsett is also engaged in<br />
planning tax-efficient remuneration structures for international executives.<br />
Mr Tomsett lectures extensively on international tax topics and has contributed many<br />
articles to publications dealing with international taxation and international investment.<br />
He is the general editor of the IBFD publication The International Guide to Mergers and<br />
Acquisitions, and has written the UK chapter of the IBFD publication EC Corporate <strong>Tax</strong><br />
Law, the UK chapter of the Widman/Mayer Commentary on Corporate Reorganisations, and<br />
the chapter on offshore tax planning in Simon’s <strong>Tax</strong> Planning.<br />
Mr Tomsett is a member of the general council of the International Fiscal Association, the<br />
chairman of the European branch of the Chartered Institute of <strong>Tax</strong>ation and a member<br />
of the <strong>Tax</strong>ation Committee of the International Chamber of Commerce in the UK.<br />
240 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United Kingdom<br />
Graham Aaronson QC<br />
Pump Court <strong>Tax</strong> Chambers, London<br />
Chris Adams (see bio)<br />
<strong>Deloitte</strong>, London (see advert on inside front)<br />
Graham J Airs<br />
Slaughter and May, London<br />
Mark Atkinson (see bio)<br />
<strong>Deloitte</strong>, London (see advert on inside front)<br />
Terry Awan (see bio)<br />
<strong>Deloitte</strong>, London (see advert on inside front)<br />
Philip Baker QC<br />
Gray’s Inn <strong>Tax</strong> Chambers, London<br />
Mark Baldwin<br />
Macfarlanes, London<br />
Susan Ball<br />
Clyde & Co, London<br />
Richard Ballard<br />
Freshfields Bruckhaus Deringer, London<br />
Tony Beare<br />
Slaughter and May, London<br />
Richard A Boykin (see bio)<br />
KPMG, London<br />
Guy Brannan<br />
Linklaters, London<br />
Andrew Bunch<br />
<strong>Deloitte</strong>, London (see advert on inside front)<br />
Andrew Casley (see bio)<br />
PricewaterhouseCoopers, London<br />
Murray Clayson<br />
Freshfields Bruckhaus Deringer, London<br />
Jonathan Conder<br />
Macfarlanes, London<br />
Peter Cussons<br />
PricewaterhouseCoopers, London<br />
Annie Devoy (see bio)<br />
PricewaterhouseCoopers, London<br />
Alasdair F Douglas<br />
Travers Smith Braithwaite, London<br />
James Duncan<br />
Cleary Gottlieb Steen & Hamilton, London<br />
241
United Kingdom<br />
Steve Edge<br />
Slaughter and May, London<br />
Peter Elliott<br />
Clifford Chance, London<br />
Jonathan Elman<br />
Clifford Chance, London<br />
Sarah Falk<br />
Freshfields Bruckhaus Deringer, London<br />
Michael Flesch QC<br />
Gray’s Inn <strong>Tax</strong> Chambers, London<br />
Douglas French<br />
Clifford Chance, London<br />
Malcolm Gammie QC<br />
One Essex Court, London<br />
Fred R Gander (see bio)<br />
Dewey Ballantine, London<br />
John Gardiner QC<br />
11 New Square, London<br />
Philip Gershuny<br />
Lovells, London<br />
Heather Gething<br />
Herbert Smith, London<br />
Julian Ghosh<br />
Pump Court <strong>Tax</strong> Chambers, London<br />
Ashley Greenbank<br />
Macfarlanes, London<br />
Ron Haigh (see bio)<br />
<strong>Deloitte</strong>, London (see advert on inside front)<br />
Steve Hasson (see bio)<br />
PricewaterhouseCoopers, London<br />
John Henshall (see bio)<br />
<strong>Deloitte</strong>, London (see advert on inside front)<br />
Andrew Hickman (see bio)<br />
KPMG, London<br />
John Hobster<br />
Ernst & Young, London<br />
Erica Howard (see bio)<br />
KPMG, London<br />
Russell L Jacobs<br />
Milbank Tweed Hadley & McCloy, London<br />
242 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United Kingdom<br />
Marc CW Klerks<br />
Loyens & Loeff, London<br />
David Lewis<br />
Allen & Overy, London<br />
Charles G Lubar (see bio)<br />
Morgan Lewis & Bockius, London<br />
Sara Luder<br />
Slaughter and May, London<br />
James E MacLachlan<br />
Baker & McKenzie, London<br />
Patrick Mears<br />
Allen & Overy, London<br />
Nikhil Mehta<br />
Cleary Gottlieb Steen & Hamilton, London<br />
Philip Moss<br />
Osborne Clarke, Bristol<br />
Peter M Nias<br />
McDermott Will Emery, London<br />
John D Paton<br />
Davis Polk & Wardwell, London<br />
Ben Regan (see bio)<br />
<strong>Deloitte</strong>, London (see advert on inside front)<br />
Chris Rolfe (see bio)<br />
PricewaterhouseCoopers, London<br />
Yash Rupal<br />
Linklaters, London<br />
David R Ryder<br />
McDermott Will Emery, London<br />
Jonathan S Schwarz<br />
3 Temple Gardens <strong>Tax</strong> Chambers, London<br />
John Sheer (see bio)<br />
PricewaterhouseCoopers, London<br />
Richard Stratton<br />
Travers Smith Braithwaite, London<br />
David Taylor<br />
Freshfields Bruckhaus Deringer, London<br />
Stephen Taylor<br />
Linklaters, London<br />
Eric Tomsett (see bio)<br />
<strong>Deloitte</strong>, London (see advert on inside front)<br />
243
United Kingdom<br />
Eelco van der Stok<br />
Freshfields Bruckhaus Deringer, London<br />
Jayne Vaughan<br />
KPMG, London<br />
John Watson<br />
Ashurst, London<br />
Patrick Way<br />
Gray’s Inn <strong>Tax</strong> Chambers, London<br />
Peter Whiteman QC<br />
Hollis Whiteman Chambers, London<br />
244 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
A year in US international tax<br />
Dan Lange<br />
<strong>Deloitte</strong><br />
Milwaukee<br />
The year 2006 saw the passage of the <strong>Tax</strong> Increase<br />
Prevention and Reconciliation Act (TIPRA) and the<br />
introduction of a slew of major tax regulatory changes and<br />
accounting for income tax changes. The changes introduced<br />
and proposed reflect a trend towards heightened regulatory<br />
scrutiny, pressure for transparency and accuracy in financial<br />
reporting, and more demanding compliance burdens, the<br />
combination of which creates tremendous new pressures for<br />
tax and finance departments.<br />
The news isn’t all bad, however. TIPRA provides for a threeyear<br />
exclusion from Subpart F income for related party<br />
dividends, interest, rents and royalties, provided the<br />
underlying earnings of the parties are not Subpart F income.<br />
The temporary exception will afford multinationals more<br />
freedom to move cash among their controlled foreign corporations (CFCs) without<br />
creating Subpart F income. However, Congress subsequently passed legislation<br />
(awaiting the President’s signature) to add the requirement that payments also not be<br />
attributable or properly allocable to the payor’s US effectively connected income.<br />
The bulk of the year’s most significant developments, however, are at the regulatory<br />
level.<br />
FIN 48<br />
The Financial Accounting Standards Board (FASB) issued new rules (known as FIN<br />
48) that radically change how companies account for uncertain income tax positions in<br />
their financial statements. FIN 48, effective for tax years beginning after December 15<br />
2006, changes the threshold that tax benefits must meet before they can be recognized<br />
in a company’s financial statements. FIN 48 will substantially increase the disclosure/<br />
documentation burden on companies. The impact of FIN 48 in the international<br />
context, where uncertainty is often the norm, will be considerable and will result in<br />
multinationals changing the amount of their reserves for tax liabilities.<br />
Calculation of branch income<br />
The IRS issued highly anticipated proposed regulations governing the translation of<br />
income of foreign branches, disregarded entities and partnerships, and the calculation of<br />
gains/losses upon remittances from such entities where they carry out business in a<br />
currency other than the taxpayer’s functional currency. The regulations completely alter<br />
the prescribed approach of rules proposed in 1991, adopting a foreign exchange exposure<br />
pool method for computing exchange gains and losses on remittances, a method that will<br />
result in more complexity and an increased compliance burden. The proposed<br />
regulations, however, generally provide favourable transition rules.<br />
Interest deduction of foreign banks<br />
Temporary regulations were issued dealing with the determination of deductible<br />
interest expense of a US branch of a foreign bank. The regulations liberalize the<br />
election in the branch profits tax rules to reduce US liabilities, so that the election can<br />
be used to entirely eliminate branch profits tax liability in many instances.<br />
Services regulations<br />
Final and temporary regulations were issued relating to the treatment of inter-company<br />
service transactions and the allocation of income from intangibles, as well as rules<br />
relating to stewardship expenses. The regulations replace 1968-era guidance, and<br />
include many changes to 2003 proposed regulations. A particularly negative effect is the<br />
restricted definition of stewardship costs, potentially increasing the expenses that will<br />
have to be charged out. Although the intent of the rules is to reduce the documentation<br />
requirement burden on taxpayers, they likely will have the opposite effect.<br />
245
United States<br />
Foreign tax credit<br />
Following an adverse decision of the Court of Federal Claims in the Guardian<br />
Industries case, the IRS issued proposed regulations clarifying and amending the<br />
technical taxpayer rule, which determines who the taxpayer is with respect to foreign<br />
income taxes and, therefore, which person is entitled to claim credits for such taxes<br />
under US tax law. The proposed regulations would apply, in particular, to foreign<br />
consolidated groups, hybrid entities and reverse hybrids.<br />
Killer B transactions<br />
The IRS announced its intent to issue regulations that target perceived abuses of<br />
certain triangular reorganizations involving one or more foreign corporations. Known<br />
as Killer B transactions, such reorganizations allow CFCs or US subsidiaries of foreign<br />
parent companies to repatriate earnings free from US tax to the parent company. The<br />
regulations would put an end to Killer B transactions.<br />
Allocation of foreign tax<br />
Final regulations provide rules for properly allocating partnership expenditures for<br />
foreign taxes. The regulations generally adopt a safe harbour, under which partnership<br />
allocations of foreign tax expenditures will be respected if they match the partnership’s<br />
allocation of underlying income. However, they also add many details and specific and<br />
complex rules.<br />
Portfolio interest<br />
Proposed regulations were issued on the exclusion from gross income of portfolio<br />
interest paid to a non-resident foreign corporation or alien individual, clarifying how<br />
the 10% shareholder test in the portfolio interest rules applies.<br />
<strong>Tax</strong> shelters<br />
The IRS issued proposed amendments to the tax shelter disclosure regulations,<br />
including the creation of a new transactions of interest category of reportable<br />
transactions. Current rules impose significant penalties on taxpayers and advisers who<br />
fail to disclose reportable transactions.<br />
While none of the year’s developments could be described as radically altering the US<br />
international tax landscape, taken as a whole, they undeniably add to its complexity<br />
and mean that multinationals will need to modify certain international tax planning<br />
strategies. It is hard to envisage this complexity decreasing in the foreseeable future,<br />
when it is actually compounded by measures that purport to have the intent of<br />
reducing the compliance burden.<br />
246 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Melvin S Adess<br />
KPMG<br />
303 E Wacker Drive<br />
Chicago, IL 60601-5255<br />
US<br />
Tel: (1) 312 665 5704<br />
Email: madess@kpmg.com<br />
Website: www.kpmg.com<br />
Mel Adess is a partner in the federal tax practice and a member of KPMG’s Midwest tax<br />
leadership. He received his BS from Northwestern University with highest distinction in<br />
1966, majoring in accounting and economics, and passed the Illinois CPA exam in<br />
November 1966. While at Northwestern, Mr Adess was inducted into Phi Eta Sigma<br />
(Freshman National Honor Society), Beta Gamma Sigma (National Business Honor<br />
Society) and Beta Alpha Psi (National Accounting Honor Society). He also won the<br />
Haskins and Sells Award in 1966 and the State Farm Exceptional Student Fellowship the<br />
same year. He received his JD, cum laude, from The University of Chicago Law School,<br />
where he was a member of the Order of the Coif, and passed the Illinois Bar exam in 1969.<br />
He joined KPMG LLP (US) in August 1999, after a 30-year career at Kirkland & Ellis,<br />
where he was a senior tax partner and a member of the management committee for nine<br />
years. His practice consists of foreign tax planning, inter-company transfer pricing, crossborder<br />
mergers and acquisitions, international joint ventures, contested tax matters, and<br />
executive compensation.<br />
Mr Adess has taught various international tax and reorganization subjects at<br />
Northwestern University Law School, DePaul Law School, and DePaul Graduate School<br />
of Business. In addition, he has lectured frequently at various conferences including The<br />
University of Chicago Federal Income <strong>Tax</strong> Conference, Colorado Springs <strong>Tax</strong> Institute,<br />
Practising Law Institute, Illinois Institute on Continuing Legal Education, Chicago Bar<br />
Association, World Trade Institute, <strong>Tax</strong> Executives Institute, International Fiscal<br />
Association, the George Washington University/IRS Sixth Annual Institute on Current<br />
Issues in International <strong>Tax</strong>ation, the American Conference Institute on Transfer Pricing,<br />
and numerous other groups. Mr Adess has also published articles on a variety of technical<br />
tax subjects.<br />
He served as a consultant to the American Law Institute on the International Aspects of<br />
US Income <strong>Tax</strong>ation Project, which resulted in a number of important changes to the<br />
Internal Revenue Code made by the 1986 <strong>Tax</strong> Reform Bill. Mr Adess has been included<br />
in The Best Lawyers in America and has been listed in the International <strong>Tax</strong> Review annual<br />
survey of leading tax advisers as among the top tax advisers in the central US.<br />
247
United States<br />
William J Amon<br />
<strong>Deloitte</strong> <strong>Tax</strong> LLP<br />
Two California Plaza<br />
350 South Grand Avenue, Suite 200<br />
Los Angeles, CA 90071-3462<br />
US<br />
Tel: (1) 213 688 3290<br />
Fax: (1) 213 673 6733<br />
Email: wamon@deloitte.com<br />
Website: www.deloitte.com<br />
Bill Amon is a client service partner in the Los Angeles office of <strong>Deloitte</strong> & Touche,<br />
bringing more than 28 years of experience in corporate and international taxation to<br />
the firm’s large multinational clients.<br />
Mr Amon rejoined <strong>Deloitte</strong> & Touche in 1996 after 12 years as a partner at another<br />
Big Five firm. Mr Amon began his career in Silicon Valley serving high-technology<br />
clients, where he earned a reputation for bringing aggressive and strategic tax services<br />
to his clients. Since rejoining <strong>Deloitte</strong> & Touche, Mr Amon has advised the firm’s most<br />
prestigious clients on such issues as mergers and acquisitions, initial public offerings,<br />
joint ventures, and repatriation strategies. He is the lead tax partner on a number of<br />
Fortune 500 multinational clients. Mr Amon is a frequent speaker at firm-sponsored<br />
seminars and conferences, and is co-author of <strong>Tax</strong> Issues for High Technology Businesses.<br />
He is also a frequent speaker at seminars sponsored by outside organizations, including<br />
American and California Bar association events.<br />
Mr Amon actively participates in his profession. He is a member of the California Bar<br />
Association, the American Bar Association, and the American Institute of Certified<br />
Public Accountants. He is also a sub-committee member of the American Bar<br />
Association tax committee for affiliated corporations, a member of the Entertainment<br />
<strong>Tax</strong> Institute, and a member of the Los Angeles International <strong>Tax</strong> Forum. He was<br />
recently selected as one of North America’s Top <strong>Tax</strong> <strong>Advisers</strong> for 1998-2000 by the<br />
International <strong>Tax</strong> Review. Mr Amon attended the University of Santa Clara, where he<br />
received a BS degree, with honours, and a JD, with highest honours.<br />
248 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Lawrence M Axelrod<br />
<strong>Deloitte</strong> <strong>Tax</strong> LLP<br />
555 12th Street, NW, Suite 500<br />
Washington, DC 20004-1207<br />
US<br />
Tel: (1) 202 879 4969<br />
Fax: (1) 202 220 2192<br />
Email: laxelrod@deloitte.com<br />
Website: www.deloitte.com<br />
Lawrence Axelrod is a tax services principal with the Washington national tax group of<br />
<strong>Deloitte</strong> <strong>Tax</strong>. He directs <strong>Deloitte</strong> <strong>Tax</strong>’s consolidated return practice and serves as a<br />
technical resource for practitioners and clients with problems concerning consolidated<br />
returns, corporate/shareholder relations and LLCs.<br />
Lawrence also prepares comments on proposed regulations for <strong>Deloitte</strong> in his areas of<br />
expertise, conducts the annual consolidated return public seminar (since 1985), and is an<br />
instructor for <strong>Deloitte</strong> <strong>Tax</strong>’s in-house consolidated return training program.<br />
Previously, as an attorney/adviser with the Legislation and Regulations Division, Office<br />
of Chief Counsel at the Internal Revenue Service, he was assigned to drafting<br />
consolidated return regulations, bad debt reserves for thrift institutions, and investment<br />
tax credits for movies (1977 to 1981). His professional activities include membership of<br />
the District of Columbia Bar; he is former chairman of the Committee on Affiliated and<br />
Related Corporations, <strong>Tax</strong> Section of the American Bar Association and former<br />
chairman of the Subcommittee on Consolidated Returns.<br />
His publications include:<br />
• “The Supreme Court, Consolidated Returns, and 10-year Carrybacks” 90 <strong>Tax</strong> Notes<br />
1383 (March 5, 2001), cited by the Supreme Court in United Dominion v. US, 121 S<br />
Ct 1934 (2001);<br />
• “Issues and Uncertainties in Consolidated AMT” 305 PLI/<strong>Tax</strong> 141 (1990), cited by<br />
the <strong>Tax</strong> Court in State Farm Insurance Co, 119 TC 342 (2002);<br />
• “Rite Aid – Prescription for Reversal” I Mergers and Acquisitions 2 (December 2000);<br />
• “Consolidated Returns and SLLs: Praying for Intermet’s Appeal” 81 <strong>Tax</strong> Notes 1570<br />
(December 21, 1998);<br />
• “Consolidated Return Intercompany Transaction Regulations: Clearly Reflecting<br />
Income Is Clearly Not Simple” The <strong>Tax</strong> Executive (July-August 1994);<br />
• “Section 304, Excess Loss Accounts, and Other Consolidated Return Gallimaufry”<br />
36 <strong>Tax</strong> Notes 729 (August 17, 1987);<br />
• “The Basis for Using E&P in Consolidated Return Basis Adjustments” 12 J Corp <strong>Tax</strong><br />
227 (Autumn 1985);<br />
• “Esmark’s <strong>Tax</strong>-free Disposition of a Subsidiary: Too Good to be True?” 9 J Corp <strong>Tax</strong><br />
232 (Autumn 1982); and<br />
• “The Accumulated Earnings <strong>Tax</strong> and the Deductions for Dividends in Property:<br />
Market Value or Basis?” 4 J Corp <strong>Tax</strong> 232 (Autumn 1977).<br />
Lawrence received his LLM in taxation from Georgetown University Law Center<br />
(1980), his JD from USC Law Center (1975), and his BA from SUNY Stony Brook<br />
(1971).<br />
249
United States<br />
J Gregory Ballentine<br />
The Ballentine Barbera Group, A CRA International<br />
Company<br />
1201 F Street, NW<br />
Suite 700<br />
Washington, DC 20004-1204<br />
US<br />
Tel: (1) 202 662 3800<br />
Email: gballentine@crai.com<br />
Website: www.ballentinebarbera.com<br />
Dr J Gregory Ballentine is widely recognized as one of the foremost experts in the<br />
economics of taxation, transfer pricing and public finance. He is a vice-president at<br />
CRA International and leads the firm’s transfer pricing practice. With more than 20<br />
years of broad consulting experience, Dr Ballentine is well known for his extensive<br />
work in obtaining advance pricing agreements and on a wide range of international<br />
transfer pricing issues and transactions across a variety of technology and traditional<br />
industries. He is a prominent economic litigation consultant for some of the leading<br />
law firms in the United States, and has significant experience in presenting testimony,<br />
preparing expert witness reports and consulting on economic lines of argument related<br />
to transfer pricing, valuation and related economic matters.<br />
Dr Ballentine has been chosen by Euromoney and International <strong>Tax</strong> Review as a<br />
“World’s Leading Transfer Pricing Adviser”. He holds a PhD in economics from Rice<br />
University.<br />
Dr Ballentine was a co-founder of the transfer pricing consultancy The Ballentine<br />
Barbera Group LLC, which was acquired by CRA International in May 2006.<br />
CRA, a leading global provider of economic and financial expertise and management<br />
consulting services, offers a full range of transfer pricing services through The<br />
Ballentine Barbera Group, a CRA International Company.<br />
250 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Herbert N Beller<br />
Sutherland Asbill & Brennan LLP<br />
1275 Pennsylvania Avenue, NW<br />
Washington, DC 20004<br />
US<br />
Tel: (1) 202 383 0120<br />
Fax: (1) 202 637 3593<br />
Email: herb.beller@sablaw.com<br />
Website: www.sablaw.com<br />
Herb Beller has practised federal tax law in Washington since 1969, with an emphasis on<br />
corporate and other transactional tax planning, tax controversies, IRS national office<br />
representations and exempt organization matters. He has significant experience with tax<br />
issues arising in connection with taxable and tax-free acquisitions, dispositions, spin-offs<br />
and other restructurings involving both domestic and foreign entities. In the tax<br />
controversy area, Mr Beller has negotiated settlements with IRS appeals offices<br />
throughout the country and litigated cases at both the trial and appellate court levels. In<br />
the exempt organizations area, he has represented numerous private foundations, public<br />
charities and other non-profit entities on a broad range of planning and controversy<br />
matters.<br />
Mr Beller is a frequent speaker at federal tax institutes, conferences and other tax<br />
programmes throughout the US. He has taught corporate tax courses at Georgetown<br />
University Law School and authored numerous articles on corporate tax and other<br />
subjects. From 1993 to 1996, he served as editor-in-chief of The <strong>Tax</strong> Lawyer.<br />
In 2002 to 2003 he was chair of the American Bar Association’s Section of <strong>Tax</strong>ation. He<br />
previously served as a <strong>Tax</strong> Section vice-chair and council member, as section liaison to the<br />
AICPA, and as chair of the section’s committees on government submissions and closely<br />
held corporations. Mr Beller has also served as co-chair of the National Conference of<br />
Lawyers and CPAs, a regent of the American College of <strong>Tax</strong> Counsel and a trustee of the<br />
American <strong>Tax</strong> Policy Institute. He is a fellow of the American Bar Foundation and<br />
president of the Tannenwald Foundation for Excellence in <strong>Tax</strong> Scholarship.<br />
Following his graduation from Northwestern University School of Law, Mr Beller served<br />
as a law clerk for Judge Theodore Tannenwald, Jr of the United States <strong>Tax</strong> Court. Also a<br />
CPA, he is listed in The Best Lawyers in America, Chambers USA, The International Who’s<br />
Who of Corporate <strong>Tax</strong> Lawyers and Euromoney’s US Best of the Best (tax).<br />
252 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Henry J Birnkrant<br />
Alston & Bird LLP<br />
The Atlantic Building<br />
950 F Street, NW<br />
Washington, DC 20004-1404<br />
US<br />
Tel: (1) 202 756 3319<br />
Fax: (1) 202 654 4929<br />
Email: hbirnkrant@alston.com<br />
Website: www.alston.com<br />
Mr Birnkrant is a member of Alston & Bird and co-chairs its tax section. His practice is<br />
focused on transfer-pricing matters and US taxation of various types of domestic and<br />
cross-border transactions.<br />
Mr Birnkrant has resolved numerous transfer-pricing disputes with the IRS at the<br />
examination and appeals levels. His practice has also included securing competent<br />
authority relief from transfer-pricing adjustments initiated by both the IRS and foreign<br />
tax authorities. He helped to develop the APA programme by filing a request for an APA<br />
eight months before the IRS released the Revenue Procedure that created the APA<br />
program. He is at the forefront of helping multinationals secure innovative APAs that<br />
satisfy both their business objectives and the requirements of the tax authorities.<br />
Mr Birnkrant also advises multinationals on minimizing the tax burden of cross-border<br />
transactions and operations. Examples of such matters include acquisitions and<br />
dispositions of US and foreign business operations, structures for the financing,<br />
development and ownership of intangible property, and reorganization of cross-border<br />
business operations.<br />
Mr Birnkrant is chair of the competent authority subcommittee of the transfer-pricing<br />
committee of the ABA <strong>Tax</strong> Section, chair of the tax treaty subcommittee of the taxation<br />
committee of the United States Council for International Business, a member of the<br />
board of advisers of the Journal of International <strong>Tax</strong>ation, a member of the Thomson West<br />
<strong>Tax</strong> Advisory Board, a member of the Washington International <strong>Tax</strong> Study Group, an<br />
invited participant in the OECD Transfer Pricing Experts advisory meetings, and a<br />
member of the American College of <strong>Tax</strong> Counsel.<br />
He is co-author of A Practical Guide to US Transfer Pricing and author or co-author of<br />
numerous articles on cross-border taxation and transfer pricing. He is listed in the 11th<br />
edition of Who’s Who in American Law, the 19th edition of Who’s Who in the World, the<br />
2005 edition of Who’s Who in America, the 4th edition of Who’s Who of Emerging Leaders<br />
in America, Euromoney Legal Media Group’s Best of the Best 2005, Euromoney Legal<br />
Media Group 2004 Guide to the World’s Leading Transfer Pricing <strong>Advisers</strong>, and the 11th<br />
edition of The Best Lawyers in America.<br />
Mr Birnkrant is a Phi Beta Kappa graduate of the University of Rochester, from which<br />
he received his BA, magna cum laude, with high distinction in economics. He received his<br />
JD from Columbia University School of Law and an LLM in taxation from New York<br />
University School of Law. He is admitted to the District of Columbia Bar and the Bars<br />
of the US District Court for the District of Columbia, the US Court of Appeals for the<br />
District of Columbia Circuit, the US <strong>Tax</strong> Court and the US Court of Federal Claims.<br />
253
United States<br />
Kimberly S Blanchard<br />
Weil, Gotshal & Manges LLP<br />
767 Fifth Avenue<br />
New York, NY 10153<br />
US<br />
Tel: (1) 212 310 8799<br />
Fax: (1) 212 310 8007<br />
Email: kim.blanchard@weil.com<br />
Website: www.weil.com<br />
Kim Blanchard is a partner in Weil Gotshal’s tax department whose practice<br />
encompasses a variety of largely international transactions involving corporate<br />
acquisitions and mergers, internal restructurings, business formations and joint ventures.<br />
Ms Blanchard also advises domestic, foreign and multinational clients in connection with<br />
venture capital investment and fund formation, partnerships, real estate, executive<br />
compensation and exempt organization issues.<br />
Ms Blanchard has lectured and published extensively on topics ranging from<br />
international tax planning for US businesses to the special tax issues facing foreign<br />
persons, pension plans and other exempt investors who invest in US private equity<br />
partnerships and in US real estate.<br />
Ms Blanchard is currently chair of the New York State Bar Association <strong>Tax</strong> Section. As<br />
a member of the <strong>Tax</strong> Section since 1996, she has authored several reports and has<br />
participated in the preparation of many others. She is also active with the American<br />
Bar Association’s international tax committees and is a member of both the <strong>Tax</strong> Forum<br />
and the <strong>Tax</strong> Review paper and discussion groups.<br />
Ms Blanchard holds a JD from the New York University School of Law, an MS from<br />
the University of Wisconsin and a BA from Dartmouth College.<br />
254 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
David H Brockway<br />
McKee Nelson LLP<br />
1919 M Street NW<br />
Suite 200<br />
Washington, DC 20036<br />
US<br />
Tel: (1) 202 775 4121<br />
Fax: (1) 202 775 8586<br />
Email: dbrockway@mckeenelson.com<br />
Website: www.mckeenelson.com<br />
Mr Brockway’s career has spanned more than 30 years and he has been engaged in an<br />
active general business tax practice, concentrating on corporate acquisitions and<br />
dispositions, cross-border structured finance and asset-based finance transactions, and<br />
international tax planning.<br />
Mr Brockway is a former chief of staff of the Joint Committee on <strong>Tax</strong>ation of the US<br />
Congress, serving from 1983 to 1987. In that capacity, he had overall responsibility for<br />
the activities of the staff in the formulation of congressional tax policy, legislative drafting<br />
and revenue estimating. He joined the joint committee staff in 1976 as a legislation<br />
attorney, subsequently serving as international tax counsel and deputy chief of staff.<br />
Mr Brockway is a member of the Bars of the District of Columbia and New York. He<br />
has served as a member of the executive committee of the tax section of the New York<br />
State Bar Association, the advisory board of the American <strong>Tax</strong> Institute in Europe, the<br />
board of directors of the National Foreign Trade Council, the advisory group for the<br />
American Law Institute Project on Subchapter C, and as a consultant on the American<br />
Law Institute project on tax treaties.<br />
In 1998, the <strong>Tax</strong> Society of New York University presented him with its award for<br />
outstanding achievement. He has been selected for listing in various expert guides such<br />
as the Euromoney Guide to Leading US <strong>Tax</strong> Lawyers, the Euromoney Guide to the<br />
World’s Leading <strong>Tax</strong> Lawyers, Who’s Who Legal, the International Who’s Who of Corporate<br />
<strong>Tax</strong> Lawyers, and the Best of the Best Expert Guide.<br />
Mr Brockway received his JD from Harvard Law School in 1971, and his BA from<br />
Cornell University in 1968. He was on active duty in the US Army from 1963 to 1966.<br />
255
United States<br />
Peter C Canellos<br />
Wachtell, Lipton, Rosen & Katz<br />
51 West 52nd Street<br />
New York, NY 10019<br />
US<br />
Tel: (1) 212 403 1241<br />
Fax: (1) 212 403 2241<br />
Email: pcanellos@wlrk.com<br />
Website: www.wlrk.com<br />
Peter C Canellos practises in the tax department of Wachtell Lipton Rosen & Katz. He<br />
is responsible for the tax aspects of the corporate acquisitions, dispositions and financings<br />
that constitute the firm’s major practice areas. These large and complex transactions<br />
frequently involve multinational tax considerations.<br />
After graduating from Columbia Law School in 1967, Mr Canellos clerked for the<br />
honourable Judge Charles D Breitel of the New York Court of Appeals and was a<br />
Fulbright scholar at the University of Amsterdam in the Netherlands. Mr Canellos has<br />
served as chairman of the New York State Bar Association <strong>Tax</strong> Section, and is a<br />
frequent writer and lecturer on tax matters. His published articles include<br />
“Contingency and the Debt/Equity Continuum” (with Deborah Paul, Journal of<br />
Financial Products, 2002); “A <strong>Tax</strong> Practitioner’s Perspective on Substance, Form and<br />
Business Purpose in Structuring Business Transactions and in <strong>Tax</strong> Shelters” (SMU Law<br />
Review, 2001); “Reasonable Expectations and the <strong>Tax</strong>ation of Contingencies” (<strong>Tax</strong><br />
Lawyer, 1997); “Dividend Access Shares” (49th IFA Congress, Cannes, 1995); and<br />
“Corporate Inversions and Similar Transactions” (54th NYU Annual Institute on Federal<br />
<strong>Tax</strong>ation, 1995). Mr Canellos served as general report on the subject of international<br />
mergers and acquisitions at the 2005 congress of the International Fiscal Association.<br />
Mr Canellos is a graduate of Columbia University, where he earned his bachelor’s<br />
degree summa cum laude and was elected to Phi Beta Kappa. He also attended<br />
Columbia Law School, where he was editor-in-chief of Law Review, and received his<br />
LLB magna cum laude.<br />
256 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Richard A Clark<br />
<strong>Deloitte</strong> <strong>Tax</strong> LLP<br />
555 12th Street, NW<br />
Washington, DC 20004-1207<br />
US<br />
Tel: (1) 202 879 5307<br />
Fax: (1) 202 638 7313<br />
Email: dickclark@deloitte.com<br />
Website: www.deloitte.com<br />
Dick Clark is a principal with <strong>Deloitte</strong>. He serves as co-leader of the firm’s US<br />
transfer-pricing team and heads the transfer-pricing group in Washington, DC. He is<br />
a member of the firm’s global earnings mobility strategies (GEMS) team. Dick has<br />
specialized in transfer pricing during his 17 years with <strong>Deloitte</strong> and has been a<br />
professional economist for 30 years.<br />
Dick assists multinational companies in developing inter-company pricing strategies for<br />
tax planning and provides economic expertise in APAs, tax audits and competent<br />
authority proceedings involving tangible and intangible property transfers and services.<br />
Dick served as an editor-in-chief and columnist for the Journal of Global Transfer<br />
Pricing and has published more than a dozen articles on transfer pricing. He has been<br />
a frequent speaker on transfer-pricing issues and has served as a guest lecturer at IRS<br />
internal transfer-pricing training. He also has been recognized in Legal Media Group’s<br />
Guide to the World’s Leading Transfer Pricing Advisors. Recently, Dick testified in the<br />
Superior Court of Ontario as an expert witness in transfer-pricing litigation involving<br />
the US/Canada cross-border transactions of one of the big-three automotive<br />
companies.<br />
Dick holds a PhD in economics from Cornell University, an MPA from the University<br />
of Colorado, and a BA from Cornell University.<br />
257
United States<br />
N Jerold Cohen<br />
Sutherland Asbill & Brennan LLP<br />
999 Peachtree Street, NE<br />
Atlanta, GA 30309<br />
US<br />
Tel: (1) 404 853 8038<br />
Fax: (1) 404 853 8806<br />
Email: jerry.cohen@sablaw.com<br />
Website: www.sablaw.com<br />
Jerry Cohen is a partner at Sutherland Asbill & Brennan, and represents a number of US<br />
and foreign clients in all aspects of domestic and international tax planning and<br />
controversy matters.<br />
Mr Cohen has been involved in planning and structuring major corporate acquisitions<br />
and dispositions. He has successfully litigated federal and state tax cases and has handled<br />
numerous matters before the Internal Revenue Service, state revenue departments and<br />
the Treasury Department. Mr Cohen has also handled legislative matters for clients, has<br />
testified on a number of occasions before the two Congressional tax writing committees<br />
and has worked with the Joint Committee on <strong>Tax</strong>ation on tax legislative matters.<br />
In 1979, Mr Cohen was appointed by President Carter to serve as chief counsel for the<br />
Internal Revenue Service, a position he held until 1981. That same year, he received the<br />
Commissioner’s Award for outstanding service to the Internal Revenue Service and the<br />
General Counsel of the Treasury’s Award for outstanding service to the Treasury<br />
Department. He is a former chair of the Internal Revenue Service Advisory Council, of the<br />
American College of <strong>Tax</strong> Counsel, and of the <strong>Tax</strong> Section of the American Bar Association.<br />
Mr Cohen is a member of the board of advisers of the Virginia <strong>Tax</strong> Review, and a past<br />
member of the Little Brown and Commerce Clearing House tax advisory boards. He<br />
served as a member of the board of advisers of the Internal Revenue Service’s continuing<br />
professional education programme, and as a member of the advisory group to the staff of<br />
the Senate Finance Committee on its Subchapter C Revision Act, and is now a member<br />
of the American Law Institute and its tax advisory board. He has served as an adviser to<br />
the institute’s Subchapter C Project, and a consultant to its <strong>Tax</strong> Integration Project. He is<br />
a member of the board of the American <strong>Tax</strong> Policy Institute.<br />
Mr Cohen has published in the Journal of <strong>Tax</strong>ation, The <strong>Tax</strong> Lawyer, Practicing Law<br />
Institute publications, the journal of the American Bar Association publications and the<br />
NYU <strong>Tax</strong> Institute publications. He has spoken at numerous tax institutes such as the<br />
American Law Institute, Practicing Law Institute, state bar and university tax programmes.<br />
Mr Cohen’s appointments include: Internal Revenue Service advisory counsel (1979 to<br />
1981); chair, ABA <strong>Tax</strong> Section (1995 to 1996); chair elect, ABA <strong>Tax</strong> Section (1994 to<br />
1995); former vice-chair and member of council, ABA Section of <strong>Tax</strong>ation; chair,<br />
Formation of <strong>Tax</strong> Policy Committee, ABA Section of <strong>Tax</strong>ation (1982 to 1986); chair,<br />
<strong>Tax</strong>ation Committee, ABA Section of Litigation (1981 to 1983); chair, Corporate<br />
Stockholder Relationships Committee, ABA Section of <strong>Tax</strong>ation (1977 to 1979); vicechair,<br />
Committee on <strong>Tax</strong>ation, ABA Section of Individual Rights and Human<br />
Responsibilities (1976 to 1979); Adjunct Professor of Law, Emory University (1967 to<br />
1976); former chair and member of the board of regents, American College of <strong>Tax</strong><br />
Counsel; board member, American <strong>Tax</strong> Policy Institute; former chair, International<br />
Revenue Service Advisory Counsel; and member, board of trustees of The American <strong>Tax</strong><br />
Policy Institute.<br />
Mr Cohen has been nominated by his peers for inclusion in several publications,<br />
including Chambers USA America’s Leading Business Lawyers, Atlanta magazine’s Georgia<br />
Super Lawyers, Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>, An International Who’s Who of<br />
Corporate <strong>Tax</strong> Lawyers, International <strong>Tax</strong> Review magazine’s Survey of North America’s Top<br />
<strong>Tax</strong> <strong>Advisers</strong>, The National Law Journal’s List of Top Corporate <strong>Tax</strong> Lawyers, The Best Lawyers<br />
in America, and Marquis Who’s Who in America and Who’s Who in the South and Southwest.<br />
Mr Cohen graduated from Harvard Law School, where he was book review editor for the<br />
Harvard Law Review.<br />
258 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Robert T Cole<br />
Alston & Bird LLP<br />
The Atlantic Building<br />
950 F Street, NW<br />
Washington DC 20004-1404<br />
US<br />
Tel: (1) 202 756 3306<br />
Fax: (1) 202 654 4926<br />
Email: bob.cole@alston.com<br />
Website: www.alston.com<br />
Bob Cole is a member of the firm’s international tax practice group, of which he was the<br />
founding chair, and concentrates his practice on transfer pricing, tax treaties and other<br />
international tax issues for US business operations abroad and foreign business<br />
operations in the US.<br />
Mr Cole served in the US Treasury from 1967 to 1973 and was appointed its first<br />
international tax counsel in 1971. At the Treasury he negotiated tax and other treaties for<br />
the US, developed the US competent authority procedure for resolving issues under tax<br />
treaties, and led the development of the rules for the allocation of expenses in crossborder<br />
situations.<br />
In his transfer pricing and general international tax practice he assists multinationals in<br />
a variety of contexts, including: representation in competent authority proceedings<br />
under tax treaties; representation in securing advance pricing agreements (APAs) from<br />
the IRS and from other countries; the development and contractual implementation of<br />
worldwide transfer-pricing systems; advising on transfer-pricing issues in connection<br />
with mergers and acquisitions and spin-offs; advising and implementing cost sharing<br />
arrangements; advising on the self-compliance and documentation process needed to<br />
avoid transfer-pricing penalties in the US and other countries; counselling with respect<br />
to US and foreign tax audits; representation in other administrative dispute resolution<br />
proceedings; lobbying on regulations, on tax treaties and agreements, and on legislation.<br />
Mr Cole has participated in hiring and training some of the best international tax lawyers<br />
in the country, many of whom continue to work closely with him at Alston & Bird. He<br />
has developed close working arrangements with tax professionals and tax officials in<br />
other counties, enabling him and his colleagues to provide seamless representation on<br />
international transactions.<br />
Mr Cole is the editor and principal author of Practical Guide to US Transfer Pricing<br />
published by Matthew Bender; a co-author of the <strong>Tax</strong> Management (BNA) Portfolio on<br />
“Income <strong>Tax</strong> Treaties – Administrative and Competent Authority Aspects”. He is listed<br />
in Who’s Who in America and similar publications.<br />
Mr Cole received a LLB, magna cum laude, in 1956 from Harvard Law School where he<br />
was an editor of the Harvard Law Review; a BS (Econ), in 1953 from the Wharton<br />
School; and an Academic Postgraduate Diploma in Law in 1959 from the London<br />
School of Economics. He is a member of the American College of <strong>Tax</strong> Counsel, the<br />
Council of the USA Branch of the International Fiscal Association; a past vice-chair of<br />
the <strong>Tax</strong> Committee of the National Foreign Trade Council and a member of the <strong>Tax</strong><br />
Section of the American Bar Association.<br />
He is admitted to practise in the District of Columbia (1972) and New York (1956).<br />
259
United States<br />
Peter J Connors<br />
Orrick, Herrington & Sutcliffe LLP<br />
666 Fifth Avenue<br />
New York, NY 10103<br />
US<br />
Tel: (1) 212 506 5120<br />
Fax: (1) 212 501 5151<br />
Email: pconnors@orrick.com<br />
Website: www.orrick.com<br />
Peter Connors is a partner in the New York office of Orrick Herrington & Sutcliffe. His<br />
practice focuses on cross-border transactions, particularly those involving banks and<br />
insurance companies. He also has extensive experience in related areas of tax law,<br />
including asset securitization, financial transactions, and corporate acquisitions. He<br />
regularly represents issuers of complex financial instruments, derivative products and<br />
CDOs.<br />
Mr Connors’ holds a number of leadership positions in the tax bar including:<br />
American Bar Association, Section of <strong>Tax</strong>ation, member of council, 2005 to the<br />
present; chair, Government Submissions Committee, 1997 to 1999; chair, Financial<br />
Transactions Committee, 1990 to 1992; member, <strong>Tax</strong> Shelter Task Force, 2005 to the<br />
present; International Fiscal Association, member of council, 2006 to the present;<br />
New York State Bar Association, executive committee, 2006 to the present; and<br />
American College of <strong>Tax</strong> Counsel, fellow, 2002 to the present. In addition, he was the<br />
recipient of BNA <strong>Tax</strong> Management’s 2004 distinguished author award (foreign).<br />
A prolific author, Mr Connors is a frequent lecturer for a variety of major<br />
organizations, including the IFA, and has published over 100 articles and reports on<br />
tax planning subjects. He is a co-author of BNA TM Portfolio 543 (The Mark to<br />
Market Rules of Section 475) and the author of BNA TM Portfolio 909-3d (The<br />
Branch-Related <strong>Tax</strong>es of Section 884). He is the principal author of the New York<br />
State <strong>Tax</strong> Association Report on Section 954(c)(6). He is also editor, special industries,<br />
of the Journal of <strong>Tax</strong>ation.<br />
Mr Connors received an LLM from New York University School of Law, a JD from<br />
the University of Richmond, and a BA from Catholic University where he was a<br />
member of Phi Eta Sigma. Prior to joining Orrick, Mr Connors was a partner at Baker<br />
& McKenzie and a principal in Ernst & Young’s international tax services office.<br />
260 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Philip C Cook<br />
Alston & Bird LLP<br />
One Atlantic Center Washington office:<br />
1201 West Peachtree Street The Atlantic Building<br />
Atlanta, GA 30309-3424 950 F Stsreet, NW<br />
US Washington, DC 20004-1404<br />
US<br />
Tel: (1) 404 881 7491<br />
Fax: (1) 404 881 7777 Tel: (1) 202 756 3300<br />
Email: philip.cook@alston.com<br />
Website: www.alston.com<br />
Philip Cook is deputy managing partner of Alston & Bird and practises in the Atlanta<br />
and Washington offices. He is a member of the Federal Income <strong>Tax</strong> Group and<br />
concentrates his practice on federal tax and Erisa controversies.<br />
Philip is a nationally prominent tax litigator with broad experience representing clients<br />
in major disputes with the Internal Revenue Service – often taking the lead in litigating<br />
recurring industry issues. He has handled significant tax controversy matters for banks<br />
and other financial institutions and his clients include many of the best known financial<br />
institutions in America. Philip successfully represented clients in the telecommunications<br />
industry in a major recurring industry tax issue for wireless communications<br />
companies. He also has an active Erisa litigation practice representing plan sponsors<br />
and corporate fiduciaries in Iitigation against the IRS, DOL, PBGC and private classaction<br />
plaintiffs.<br />
Philip is a frequent speaker at national tax conferences and seminars and has published<br />
dozens of articles on a wide array of tax topics. He is a member of the board of editors<br />
of Mergers and Acquisitions, the Monthly <strong>Tax</strong> Joumal and The Joumal of <strong>Tax</strong>ation of<br />
Financial Institutions. He has served as chair of the Committee on Banking and Savings<br />
Institutions of the American Bar Association tax section, chair of the tax section of the<br />
state Bar of Georgia, chair of the tax section of the Atlanta Bar Association, president<br />
of the Atlanta <strong>Tax</strong> Forum, and president of the Southern Employee Benefits<br />
Conference. He is also a fellow of the American College of <strong>Tax</strong> Counsel, and a member<br />
of the American Law Institute. He is Iisted in The Best Lawyers in America and Guide to<br />
the World’s Leading <strong>Tax</strong> Lawyers.<br />
Philip led the Alston & Bird team that investigated Enron’s tax transactions as part of<br />
the examiner’s investigation. He testified before the Senate Finance Committee about<br />
this investigation.<br />
Philip has been active in management of the firm throughout his career. Prior to his<br />
appointment as deputy managing partner in 2001, he served as the long-time leader of<br />
the tax section of the firm. He also has served two terms on the partners’ committee<br />
(executive committee) of the firm, and served as chair of the committee during each<br />
term.<br />
Philip received a JD, cum laude, from Harvard University and a BS, with honors, from<br />
the Georgia Institute of Technology. Prior to joining Alston & Bird in 1972, he served<br />
as a law clerk to The Honorable Lewis R Morgan at the US Court of Appeals for the<br />
Fifth Circuit. He is admitted to practice in the District of Columbia, Georgia.<br />
261
United States<br />
William Dodge<br />
<strong>Deloitte</strong> <strong>Tax</strong> LLP<br />
555 12th Street, NW<br />
Washington, DC 20004-1207<br />
US<br />
Tel: (1) 202 879 5610<br />
Fax: (1) 202 638 7313<br />
Email: bdodge@deloitte.com<br />
Website: www.deloitte.com<br />
William Dodge is a partner with <strong>Deloitte</strong> <strong>Tax</strong>, and director of the global and US<br />
transfer-pricing team. He has worked in New York, London and Tokyo, where he served<br />
many of the firm’s largest US and non-US clients. His industry experience includes the<br />
pharmaceutical, chemical, telecommunications, automotive, electronic components and<br />
finished goods, and consumer product sectors.<br />
While in Tokyo, Mr Dodge worked extensively in transfer pricing, both with respect to<br />
Japanese companies investing in the United States and US and European corporations<br />
operating in Japan. Mr Dodge managed a special study carried out for a consortium of<br />
Japanese trading companies and, following the study, prepared their submission for<br />
public hearings. He then represented them in private meetings with the IRS concerning<br />
US transfer-pricing regulations.<br />
Since his return to the United States, he has worked exclusively in transfer pricing,<br />
including planning and documentation studies, audit defence, competent authority and<br />
advance-pricing agreements. He managed a US-Japan competent-authority proceeding<br />
involving the use of secret comparables for an automotive industry company. Mr Dodge<br />
recently managed an engagement in which the firm’s Washington and Tokyo transferpricing<br />
teams assisted an industry coalition of multinational companies in devising<br />
defence strategies against transfer-pricing audits by the tax authorities in Japan.<br />
Before his Tokyo assignment, Mr Dodge was the partner in charge of the US<br />
corporate tax group in the London office, where he was responsible for tax services to<br />
many significant foreign-based multinationals investing in the United States.<br />
Mr Dodge has been selected for inclusion in the 2002, 2004 and 2006 editions of the<br />
Guide to the World’s Leading Transfer Pricing <strong>Advisers</strong>, has been published in<br />
Euromoney’s International <strong>Tax</strong> Review, and was selected for the 2003, 2005 and 2007<br />
editions of the Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>. Mr Dodge is a member of<br />
the BNA <strong>Tax</strong> Management board of advisers (transfer pricing) and a regular speaker at<br />
seminars. His publications in professional journals include: Kokusai Zeimu<br />
(International <strong>Tax</strong>ation), Walganjose (The Korean <strong>Tax</strong> Monthly Journal), BNA’s<br />
Transfer Pricing Report, IBFD International Transfer Pricing Journal, <strong>Tax</strong> Notes<br />
International, BNA <strong>Tax</strong> Management Portfolio 891 (chapter 12 of Transfer Pricing:<br />
Records and Information), Transfer Pricing – An International Guide (International<br />
<strong>Tax</strong> Review), Journal of <strong>Tax</strong>ation, and Intertax.<br />
Mr Dodge holds a masters degree in accountancy (tax) from the University of Georgia<br />
and a BA in accounting and history from Walsh College.<br />
262 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Maurice Emmer<br />
<strong>Deloitte</strong> <strong>Tax</strong> LLP<br />
225 W Santa Clara St<br />
San Jose, CA 95113<br />
US<br />
Tel: (1) 408 704 4418<br />
Fax: (1) 408 704 8417<br />
Email: memmer@deloitte.com<br />
Website: www.deloitte.com<br />
Maurice Emmer is a principal in the international tax practice of <strong>Deloitte</strong>. He is a<br />
member of the Washington national office and is based in the firm’s San Jose,<br />
California office. Mr Emmer is the leader of the firm’s global earnings mobility<br />
strategy (GEMS) practice and the tax-aligned supply chain (TASC) practice, and, as<br />
such, assists multinational enterprises in identifying and implementing strategies for<br />
minimizing global taxation, principally in connection with intellectual property and<br />
business process and supply chain transformations.<br />
For 23 years before joining <strong>Deloitte</strong> & Touche, Mr Emmer practised law in Baker &<br />
McKenzie’s international tax group where he represented both domestic and foreign<br />
multinational organizations in tax matters, including substantial tax controversies. His<br />
clients are engaged in such diverse industries as retail, motor vehicles, motion picture<br />
and other entertainment enterprises, computers and computer storage systems,<br />
semiconductors, software, e-commerce, consumer electronics, medical products and<br />
devices, biotechnology and pharmaceuticals, natural resources, commercial real estate<br />
development, marine exploration, and venture capital. Mr Emmer has resolved many<br />
important and sensitive tax controversy matters for clients.<br />
In recent years, Mr Emmer has been selected by the International <strong>Tax</strong> Review as one of<br />
the most prominent tax advisers in the western United States. He is featured in the<br />
Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>, appears in Strathmore’s Who’s Who in the<br />
United States, and has been selected as a life member of the National Registry of Who’s<br />
Who, published in the 1999 edition. Euromoney also has selected Mr Emmer for its<br />
Guide to the World’s Leading Transfer Pricing <strong>Advisers</strong> on several occasions.<br />
Mr Emmer is a 1978 graduate of the University of Chicago Law School and a 1969<br />
graduate (BS degree in accounting) of the Wharton School of Finance and Commerce,<br />
University of Pennsylvania.<br />
263
United States<br />
David L Forst<br />
Fenwick & West LLP<br />
Silicon Valley Center<br />
801 California Street<br />
Mountain View, CA 94041<br />
US<br />
Tel: (1) 650 335 7254<br />
Fax: (1) 650 938 5200<br />
Email: dforst@fenwick.com<br />
Website: www.fenwick.com<br />
David L Forst is included in Legal Media Group’s Guide to the World’s Leading <strong>Tax</strong><br />
<strong>Advisers</strong> and was named one of the top tax advisers in the western US by the International<br />
<strong>Tax</strong> Review.<br />
Mr Forst’s practice focuses on international corporate and partnership taxation. He is<br />
an editor of and regular contributor to the Journal of <strong>Tax</strong>ation, having published articles<br />
on, among other topics, international joint ventures, international tax aspects of<br />
mergers and acquisitions and the business purpose and economic substance doctrines.<br />
He is a lecturer at Stanford Law School on international tax, and a regular chair and<br />
speaker at tax conferences, including the NYU <strong>Tax</strong> Institute, the <strong>Tax</strong> Executives<br />
Institute, and the International Fiscal Association.<br />
Mr Forst received his JD, with distinction, from Stanford Law School, and his AB, cum<br />
laude, Phil Beta Kappa, from Princeton University’s Woodrow Wilson School of<br />
Public and International Affairs.<br />
264 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
James P Fuller<br />
Fenwick & West LLP<br />
801 California Street<br />
Mountain View, CA 94041<br />
US<br />
Tel: (1) 650 335 7205<br />
Fax: (1) 650 919 0942<br />
Email: jpfuller@fenwick.com<br />
Website: www.fenwick.com<br />
Mr Fuller was named a top tax adviser by Euromoney and International <strong>Tax</strong> Review. He<br />
also appears in Euromoney’s World’s Top 25 <strong>Tax</strong> <strong>Advisers</strong> (2006).<br />
He has spoken, or will speak, at 14 TEI chapter and national meetings this year. Mr<br />
Fuller is the author of a widely read monthly column in <strong>Tax</strong> Notes International. He also<br />
appears in Woodward and White’s prestigious Best Lawyers in America.<br />
Mr Fuller is admitted and has had cases in the US Supreme Court, eight federal circuit<br />
courts of appeal, certain federal district courts, the United States Court of Federal<br />
Claims, and the United States <strong>Tax</strong> Court.<br />
Mr Fuller and his firm have represented corporate clients in nearly 70 federal tax cases.<br />
Selected federal cases include: Xilinx v Commissioner, 125 TC 37 (2005); Chrysler v<br />
Commissioner, __ F.3d __ (6th Cir, 2006); Textron v Commissioner, 336 F.3d 26 (1st Cir,<br />
2003); The Limited v Commissioner, 286 F.3d 324 (6th Cir, 2002); Del Commercial v.<br />
Commissioner, 251 F.3d 210 (DC Cir, 2001); Illinois Tool Works v Commissioner, 117 TC<br />
39 (2001); and CMI v Commissioner, 113 TC 1 (1999).<br />
In 2006, Fenwick & West was named as “Americas <strong>Tax</strong> Litigation Firm of the Year”<br />
and “San Francisco <strong>Tax</strong> Firm of the Year” by International <strong>Tax</strong> Review.<br />
265
United States<br />
Jennifer L Fuller<br />
Fenwick & West LLP<br />
Silicon Valley Center<br />
801 California Street<br />
Mountain View, CA 94041<br />
US<br />
Tel: (1) 650 335 7284<br />
Fax: (1) 650 938 5200<br />
Email: jfuller@fenwick.com<br />
Website: www.fenwick.com<br />
Jennifer L Fuller is a partner with the law firm of Fenwick & West, a law firm<br />
specializing in high technology matters. Ms Fuller practises in the firm’s Mountain View<br />
office in California.<br />
Ms Fuller has been included in Euromoney’s Guide to the World’s Leading <strong>Tax</strong> Advisors,<br />
Euromoney’s Leading Lawyers in the Western US, Euromoney’s Guide to the Leading US<br />
<strong>Tax</strong> Lawyers, and Euromoney’s World’s Best <strong>Tax</strong> Lawyers and International <strong>Tax</strong> Review’s Best<br />
<strong>Tax</strong> Advisors in North America. Ms Fuller has served as the Northern California Chair for<br />
the California State Bar International <strong>Tax</strong> Committee. She has spoken at and chaired<br />
numerous seminars on international tax subjects. Articles Ms Fuller has written or coauthored<br />
have appeared in <strong>Tax</strong> Notes International magazine: “Rev. Rul. 97-48 and the<br />
Revocation of Rev. Rul. 75-7” (1997); and in <strong>Tax</strong> Notes magazine: “The Proposed<br />
Sections 367(a) and (b) Regulations” (1991).<br />
Ms Fuller is admitted to practise before several circuit courts of appeals, the United States<br />
<strong>Tax</strong> Court, and the California Supreme Court. She is a member of the California Bar and<br />
is a California CPA. Ms Fuller received a BA in accounting from Whittier College and<br />
was a Lowell Memorial Merit Scholar recipient. She obtained her JD from Loyola Law<br />
School and received an LLM in taxation from Georgetown University Law Center.<br />
266 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Jorge A Gross<br />
PricewaterhouseCoopers<br />
1441 Brickell Ave - 11th Floor<br />
Miami, FL 33131<br />
US<br />
Tel: (1) 305 381 7641<br />
Fax: (1) 813 375 7168<br />
Email: jorge.gross@us.pwc.com<br />
Website: www.pwc.com<br />
Jorge A Gross is the partner in charge of the South Florida tax practice of<br />
PricewaterhouseCoopers. In this role he is responsible for the management of the entire<br />
South Florida tax practice as well as partner in charge of PwC’s Latin American tax<br />
practice (Latax) in the US.<br />
With over 25 years’ experience, Mr Gross provides tax and business consulting services<br />
to many publicly traded and privately held companies in a number of industries. He<br />
specializes in international tax and business matters relating to Latin America and has<br />
advised some of the largest corporations in the world with respect to structuring,<br />
financing, mergers and acquisitions and foreign tax credit and repatriation planning.<br />
Mr Gross is a graduate of Rensselaer Polytechnic Institute in Troy, New York where he<br />
received his BS degree in industrial management and engineering. He continued his<br />
graduate studies in accounting and finance at the University of Miami and was certified<br />
as a CPA by the State of Florida in 1973. He is a member of the American Institute of<br />
Certified Public Accountants and the Florida Institute of Certified Public Accountants.<br />
Mr Gross is a frequent speaker and author and has presented numerous lectures on Latin<br />
American tax and business issues to such organizations as Insight, American Conference<br />
Institute, The Counsel for International <strong>Tax</strong> Education, The Economist Conference<br />
Series, The World Trade Institute, Comdex and Florida International University among<br />
others. Mr Gross is also an instructor in PricewaterhouseCoopers’ continuing education<br />
programmes in matters relating to Latin American taxation.<br />
He has written several articles published in such leading publications as the International<br />
<strong>Tax</strong> Review, The <strong>Tax</strong> Adviser, the Florida Bar Journal, <strong>Tax</strong> Notes International, Practical<br />
Latin American <strong>Tax</strong> Strategies and others. He has been named five years in a row by the<br />
International <strong>Tax</strong> Review and by Mondaq Publications as one of the leading Latin<br />
American tax advisers in the US. Legal Media Group has also named him for four<br />
consecutive years as one of the world’s leading tax advisers.<br />
267
United States<br />
Harry Gutman<br />
KPMG LLP<br />
2001 M Street NW<br />
Washington, DC 20036-3310<br />
US<br />
Tel: (1) 202 533 3044<br />
Email: hgutman@kpmg.com<br />
Website: www.kpmg.com<br />
Mr Gutman, a former chief of staff for the Joint Committee on <strong>Tax</strong>ation, heads the<br />
federal tax legislative and regulatory services group at Washington national tax. Under<br />
Mr Gutman’s leadership, the practice gives clients immediate notification about breaking<br />
developments in tax legislation or federal tax regulations; coordinates the early<br />
identification of specific client issues concerning legislation, regulations, rulings, and<br />
other administrative pronouncements; helps clients prioritize their responses to<br />
proposed legislation and regulations; provides insight and advice to clients in<br />
anticipation of possible legislative or regulatory changes and the impact of such changes<br />
on client tax planning techniques; represents clients in the legislative and regulatory<br />
process; manages the formation of industry coalitions; and conducts roundtable briefings<br />
and discussions.<br />
As Joint Committee Chief of Staff from 1991 through 1993, Mr Gutman was the<br />
primary non-partisan advisor to the House Ways and Means and Senate Finance<br />
Committees concerning the technical, economic and revenue aspects of tax legislation.<br />
Mr Gutman also served as deputy tax legislative counsel in the Treasury Department<br />
Office of <strong>Tax</strong> Policy. Throughout his career, Mr Gutman has counselled multinational<br />
corporations on various implications of tax legislative change. He represented clients in<br />
legislative and administrative matters before the Congress, the Treasury Department<br />
and the Internal Revenue Service. Before joining KPMG LLP (US), Mr Gutman was a<br />
partner in the Washington DC office of a large international law firm.<br />
Mr Gutman taught at the University of Pennsylvania and Virginia Law Schools. He has<br />
served as chairman of the <strong>Tax</strong> Policy and Government Relations Committees of the ABA<br />
<strong>Tax</strong> Section and has been a member of the board of advisors of the NYU/IRS<br />
Continuing Legal Education Program. He is a member of the tax advisory group of the<br />
American Law Institute, the American College of <strong>Tax</strong> Counsel, the <strong>Tax</strong>ation Committee<br />
of the US Chamber of Commerce, and was a Trustee of the American <strong>Tax</strong> Policy<br />
Institute. He is frequently quoted on federal tax legislative matters by The Wall Street<br />
Journal and The New York Times, as well as in the tax press.<br />
Mr Gutman received his undergraduate degree from the Woodrow Wilson School of<br />
Public and International Affairs at Princeton University, a BA degree in Jurisprudence<br />
from University College, Oxford University and his LLB from Harvard Law School.<br />
268 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Steven D Harris<br />
KPMG<br />
345 Park Avenue<br />
New York, NY 10154-0102<br />
US<br />
Tel: (1) 212 872 6718 (NY); (1) 202 533 3110 (DC);<br />
(1) 917) 406 4425 (mobile)<br />
Fax: (1) 212 872 5576<br />
Email: sdharris@kpmg.com<br />
Website: www.kpmg.com<br />
Steve Harris heads KPMG’s transfer-pricing practice for the eastern US, as well as the<br />
firm’s global transfer pricing resolution (GTPR) practice. A key focus of Mr Harris’<br />
practice is to assist clients in identifying areas of potential transfer-pricing exposure on<br />
a global basis and identifying and implementing strategies to manage such transferpricing<br />
risk.<br />
Mr Harris provides strategic advice in transfer pricing planning, documentation and<br />
controversy resolution situations. His current clients represent a vast cross-section of<br />
multinational businesses, including companies in the consumer goods, industrial<br />
machinery, pharmaceutical, telecommunications, automotive, electronics, semiconductor<br />
and technology sectors. He actively manages complex cases involving difficult substantive<br />
and procedural issues through the APA and competent authority processes, resulting in<br />
elimination of double taxation.<br />
Mr Harris came to KPMG from the IRS APA programme, where he served as branch<br />
chief and acting director. During his tenure, he also served as the APA coordinator for<br />
Canadian and Japanese cases. While with the IRS, Mr Harris established IRS policy on<br />
substantive transfer-pricing matters and managed a multidisciplinary staff of attorneys,<br />
accountants and economists. He participated in numerous bilateral APA discussions and<br />
negotiations with tax authorities around the world to resolve transfer-pricing disputes. He<br />
joined the IRS in 1990 as an attorney with the IRS’s Office of Assistant Chief Counsel<br />
(disclosure litigation), before joining the IRS Office of Associate Chief Counsel<br />
(international) and the APA programme in 1994.<br />
Mr Harris is a frequent global speaker and writer on transfer-pricing matters, and since<br />
2000, he has consistently been selected by International <strong>Tax</strong> Review as a leading tax and<br />
transfer-pricing adviser. He is a member of the American Bar Association tax section’s<br />
Transfer Pricing Committee and the International Fiscal Association (IFA).<br />
During his career, Mr Harris has been an attorney in private practice, an Appalachianbased<br />
oil field entrepreneur, a manager for a Texas-based multinational petroleum<br />
producer, and a senior state energy official in Ohio and Kansas.<br />
Mr Harris earned his JD degree and his LLM degree in taxation at Capital University in<br />
Columbus, Ohio. He received a BA degree from Bowling Green State University, and<br />
undertook additional studies at the University of Salzburg, Austria.<br />
269
United States<br />
Ronald B Harvey<br />
KPMG LLP<br />
345 Park Avenue<br />
New York, NY 10154-0102<br />
US<br />
Tel: (1) 212 872 6729<br />
Email: rharvey@kpmg.com<br />
Website: www.kpmg.com<br />
Ron Harvey is an international tax partner in KPMG LLP (US)’s New York office. He<br />
is also a member of the board of directors of KPMG LLP.<br />
Mr Harvey is one of KPMG’s most experienced international tax partners. He has<br />
assisted clients with a broad range of international tax planning initiatives, and is a<br />
frequent speaker on international tax and treasury matters. He served for three years<br />
as president of the International <strong>Tax</strong> Institute and is a member of the New York<br />
Council of the International Fiscal Association, the Wall Street <strong>Tax</strong> Association and<br />
the <strong>Tax</strong> Committee of the National Foreign Trade Council. Mr Harvey served for two<br />
years in KPMG France’s Paris office.<br />
Mr Harvey is a graduate of Florida State University, where he received a Bachelor of<br />
Science degree in accounting and finance. He is a CPA in the state of Florida and is a<br />
member of the AICPA.<br />
270 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Kenneth H Heitner<br />
Weil, Gotshal & Manges LLP<br />
767 Fifth Avenue<br />
New York, NY 10153<br />
US<br />
Tel: (1) 212 310 8288<br />
Fax: (1) 212 310 8007<br />
Email: kenneth.heitner@weil.com<br />
Website: www.weil.com<br />
Kenneth Heitner is a tax partner in the New York office of Weil Gotshal & Manges and<br />
co-head of the firm’s tax department. He has been a partner with the firm since 1981.<br />
Mr Heitner is a member of the New York State Bar Association, <strong>Tax</strong> Section; American<br />
Bar Association, <strong>Tax</strong> Section; and the Association of the Bar of the City of New York. He<br />
is a former member of the executive committee of the New York State Bar Association<br />
<strong>Tax</strong> Section and formerly was the chairman of committees on reorganizations,<br />
corporations, practice and procedure and net operating losses of the New York State Bar<br />
Association <strong>Tax</strong> Section. Mr Heitner is the past president of the <strong>Tax</strong> Club. He has<br />
authored articles for The <strong>Tax</strong> Lawyer and the Journal of Partnership <strong>Tax</strong>ation. Mr Heitner<br />
is general counsel and a member of the board of trustees of the Central Park<br />
Conservancy.<br />
Mr Heitner holds an LLM and a JD from New York University School of Law, and a<br />
BA from Rutgers University.<br />
271
United States<br />
Kai Hielscher<br />
<strong>Deloitte</strong> <strong>Tax</strong> LLP<br />
c/o <strong>Deloitte</strong>, 111 S Wacker Drive<br />
Chicago, IL 60101-6438<br />
US<br />
Tel: (1) 312 486 9336 (o) / (1) 312 375 6336 (c)<br />
Fax: (1) 312 247 9336<br />
Email: khielscher@deloitte.com<br />
Website: www.deloitte.com<br />
Kai Hielscher is in charge of <strong>Deloitte</strong>’s life sciences global industry practice in transfer<br />
pricing, as well as <strong>Deloitte</strong> <strong>Tax</strong>’s US transfer-pricing team, based in Chicago. Previously,<br />
he had helped build a managing function for the transfer-pricing team in Japan.<br />
He has been recognized as one of the World’s Leading Transfer Pricing <strong>Advisers</strong> for Japan<br />
by the bi-annual Euromoney survey in 2000, as one of the World’s Leading Transfer<br />
Pricing <strong>Advisers</strong> for the US by Euromoney in 2002, 2004 and 2006, and as a Highly<br />
Recommended Adviser for the US in the 2003 International <strong>Tax</strong> Review survey.<br />
Building on his tri-cultural background, Dr Hielscher has worked as project leader on<br />
complex transfer-pricing projects for both North American and foreign<br />
multinationals. He also serves as relationship leader for some of the organization’s<br />
largest clients. Examples of his recent projects include:<br />
• transfer-pricing exam defence assistance in the US and various EU and Asian<br />
countries;<br />
• ground-breaking profit-split-based US APAs for leading pharmaceutical companies;<br />
• intangibles migration and supply chain restructuring projects involving Asia, Europe<br />
and North America for various leading manufacturers of medical products; and<br />
• global documentation and planning projects for Fortune 100 companies.<br />
Dr Hielscher has been invited to speak at, or chair, various transfer-pricing sessions in<br />
the US, Asia and Europe at conferences sponsored by, among others, the American<br />
Bar Association (ABA), the <strong>Tax</strong> Executives Institute (TEI), Alliance for <strong>Tax</strong>, Legal and<br />
Accounting Seminars (Atlas), Council for International <strong>Tax</strong> Education (Cite), AIC<br />
Conferences (Great Britain), the International Chamber of Commerce (France), and<br />
<strong>Deloitte</strong> (US, Asia and Europe). His publications include articles in BNA’s Transfer<br />
Pricing Report (US), Nihon Keizai Sangyou Shinbun (Japan), Kokusai Zeimu (Japan),<br />
International <strong>Tax</strong> Review (Europe) and Süddeutsche Zeitung (Germany).<br />
Dr Hielscher has previous work experience as a university instructor of microeconomics<br />
at both college and graduate-school levels.<br />
As a result of his upbringing in Japan, Germany and the US, Dr Hierscher is trilingual<br />
at the native level in each of the three country languages. He holds a doctorate<br />
in economics from the University of Washington and conducted undergraduate<br />
studies at the University of Tübingen, Germany.<br />
272 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Nancy L Iredale<br />
Paul, Hastings, Janofsky & Walker LLP<br />
515 South Flower Street<br />
Los Angeles, CA 90071<br />
US<br />
Tel: (1) 213 683 6232<br />
Fax: (1) 213 627 0705<br />
Email: nancyiredale@paulhastings.com<br />
Website: www.paulhastings.com<br />
Nancy Iredale is a partner specializing in tax controversy in the international law firm<br />
of Paul Hastings Janofsky & Walker LLP. She has provided tax advice to international<br />
and domestic clients in all types of commercial transactions, focusing principally on<br />
international tax transactions. Among others, Ms Iredale has counseled numerous<br />
international and domestic clients on transfer-pricing issues, has handled IRS audits<br />
relating to transfer pricing, has negotiated advance pricing agreements, participated in<br />
competent authority consideration, and has represented international clients in settling<br />
and/or trying tax litigation involving transfer-pricing and other foreign and domestic<br />
issues. She has been cited by her peers as one of the state’s most prominent tax litigators.<br />
Ms Iredale’s litigation experience was recognized by the chief judge of the US <strong>Tax</strong> Court<br />
when she was invited to participate in the US <strong>Tax</strong> Court Judicial Conference. Over the<br />
last few years, she has spoken at NYU’s prestigious <strong>Tax</strong> Controversies Conference and<br />
Georgetown University’s <strong>Tax</strong> Litigation: Civil and Criminal. She is well acquainted with<br />
the legal personnel at the top levels of the federal taxing authorities. She was appointed<br />
by the commissioner of the Internal Revenue Service to the Advisory Group for the<br />
commissioner of the Internal Revenue Service (CAG) for the year 1990-1991.<br />
Ms Iredale has lectured on both Section 482 and Section 6038A in the US and overseas.<br />
She has participated in the Section 482 Regulations Task Forces of the American Bar<br />
Association <strong>Tax</strong> Section.<br />
Ms Iredale graduated first in her class from the School of Foreign Service of<br />
Georgetown University, where she was elected to Phi Beta Kappa in her junior year. She<br />
received her law degree from Yale Law School, where she published in the Review of Law<br />
and Social Action and was a member of the Board of Governors of the Yale Legislative<br />
Services. Beginning her tax career in Washington DC, she served as tax counsel to<br />
Senator William Brock on the Senate Finance Committee while the committee was<br />
writing the <strong>Tax</strong> Reform Act of 1976.<br />
Ms Iredale has served on the Planning Committee of the USC <strong>Tax</strong> Institute since 1988.<br />
Ms Iredale was presented the V Judson Klein award as the outstanding young tax lawyer<br />
in the state of California. Several years ago, she completed a term as the only woman<br />
president of the 107 year+ Jonathan Club. Recently, Ms Iredale was cited by the Los<br />
Angeles Business Journal as one of the most powerful woman in Los Angeles law and has<br />
often been a speaker on resolving controversies with the taxing authorities.<br />
273
United States<br />
Stephen M Kadenacy<br />
KPMG LLP<br />
KPMG Tower<br />
Suite 2000, 355 S Grand Avenue<br />
Los Angeles, CA 90071-1568<br />
US<br />
Tel: (1) 213 593 6767<br />
Fax: (1) 213 593 6768<br />
Email: smkadenacy@kpmg.com<br />
Website: www.kpmg.com<br />
Mr Kadenacy is the partner-in-charge of KPMG’s economic and valuation services for<br />
the west area, consisting of a team of professionals providing business valuation and<br />
transfer-pricing services to KPMG’s clients in every major industry. Previously he has<br />
been partner-in-charge of tax for the Pacific southwest area (2002 to 2005), and partnerin-charge<br />
of transfer-pricing services for the Pacific southwest area (2000 to 2002).<br />
Mr Kadenacy began his career with KPMG in 1996 when he joined the Short Hills, NJ<br />
office as a senior consultant, and joined the partnership in 2000. In 1997 he moved to<br />
Los Angeles with the firm and has successfully taken on a number of leadership roles.<br />
Prior to joining KPMG, Mr Kadenacy was an associate with Putnam Hayes and Bartlett,<br />
an economic consulting boutique where he worked closely with Amgen Inc on a variety<br />
of accounting and economic issues.<br />
Mr Kadenacy has served some of KPMG’s most valued clients, including Time Warner,<br />
IBM, Clorox, ASML, Microsoft, Insight, Viacom and many more. He possesses welldeveloped<br />
technical knowledge, a dedication to client relationship building, and strong<br />
leadership skills.<br />
His client experience includes:<br />
• analysing the transfer-pricing policy of a $75 billion information technology<br />
company, including in-depth analysis of intellectual property associated with the<br />
company’s 26 divisions;<br />
• assisting numerous entertainment companies with transfer-pricing policy and<br />
documentation, including working through complex intangible asset issues common<br />
to this industry;<br />
• preparing intellectual property valuations for numerous companies in a variety of<br />
industries;<br />
• assisting a major pharmaceutical company in IP planning for a new drug release;<br />
• assisting two diverse major entertainment and media companies with their Sarbanes<br />
Oxley 404 compliance in the transfer-pricing area.<br />
Mr Kadenacy is a frequent speaker on transfer pricing and related topics and has been<br />
recognized by the International <strong>Tax</strong> Review as a leading global transfer-pricing adviser. He<br />
is also on the board of trustees of the California Science Center in Los Angeles and a<br />
member of the Bel Air chapter of the Young Presidents Organization.<br />
Mr Kadenacy earned his MBA in finance from the University of Southern California,<br />
Los Angeles. He earned his bachelor of arts degree in economics from the University of<br />
California, Los Angeles.<br />
274 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
John P Kennedy<br />
<strong>Deloitte</strong> <strong>Tax</strong> LLP<br />
2 Hilton Court<br />
Parsippany, NJ 07078<br />
US<br />
Tel: (1) 973 912 8977<br />
Fax: (1) 973 202 4251<br />
Email: jkennedy@deloitte.com<br />
Website: www.deloitte.com<br />
John P Kennedy is a partner in the northeast international tax services group and is<br />
based in the Parsippany, New Jersey office. After starting his career in the Atlanta<br />
office, he was assigned for three years to the US corporate tax group in London,<br />
serving UK and foreign-based multinationals in the manufacturing, aviation, shipping,<br />
and financial services industries.<br />
A partner for 13 years, John consults with the firm’s largest and most complex global<br />
clients in tax matters involving cross-border transaction planning, financing, internal<br />
restructuring, repatriation of earnings, joint venture formation and supply chain<br />
optimization. His principal clients are some of the world’s leading companies in the<br />
pharmaceutical, medical device, high-technology, and other intangibles-intensive<br />
industries.<br />
John is a frequent speaker on mergers and acquisition topics and international tax<br />
planning, such as those organized by the <strong>Tax</strong> Executives Institute. His commentary on,<br />
and analysis of, tax developments has been published in many of the leading tax journals.<br />
John graduated with degrees in English literature and history from the Honors College<br />
at the University of Michigan, of whose advisory board he is currently a member. He also<br />
has an MBA from Emory University. John is married and has two children.<br />
275
United States<br />
Kenneth H Kral<br />
PricewaterhouseCoopers LLP<br />
300 Madison Avenue<br />
New York, NY 10017<br />
US<br />
Tel: (1) 646 471 2759<br />
Fax: (1) 813 329 5098<br />
Email: kenneth.kral@us.pwc.com<br />
Website: www.pwc.com<br />
Kenneth H Kral is a tax partner in the international tax services practice of<br />
PricewaterhouseCoopers, New York. Before joining Price Waterhouse in 1986, Ken<br />
served as the technical advisor to the associate chief counsel of the Internal Revenue<br />
Service in Washington, DC. Ken specializes in providing international tax consulting<br />
services to large multinational corporations with a particular emphasis on international<br />
tax planning both for inbound and outbound investments. Ken also has significant<br />
experience in cross-border mergers and acquisitions. He is a frequent speaker on<br />
international tax issues and the taxation of mergers and acquisitions. He is a member of<br />
the American Bar Association, <strong>Tax</strong> Section, Committee on the Foreign Activities of US<br />
<strong>Tax</strong>payers; International Fiscal Association; and American Institute of Certified Public<br />
Accountants; and a director and past president of the International <strong>Tax</strong> Institute.<br />
276 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Felix B Laughlin<br />
Dewey Ballantine LLP<br />
1775 Pennsylvania Avenue NW<br />
Washington, DC 20006-4605<br />
US<br />
Tel: (1) 202 862 1040<br />
Fax: (1) 202 862 1093<br />
Email: flaughlin@deweyballantine.com<br />
Website: www.deweyballantine.com<br />
A partner in the Washington DC office of Dewey Ballantine, Felix Laughlin advises<br />
corporations on tax matters and handles large-case tax controversies before the<br />
Internal Revenue Service and the US federal courts.<br />
For the past 30 years, Mr Laughlin has worked extensively as an advocate on behalf of<br />
Dewey Ballantine’s corporate clients in large-case tax disputes with the IRS. He has<br />
been the lead tax controversy adviser for a number of large US corporations, and has<br />
handled some of the most significant tax cases litigated in recent times. In addition, Mr<br />
Laughlin has been retained by the International Monetary Fund as a consultant on<br />
international legal reform, and assisted the government of Indonesia in drafting new<br />
guidelines to facilitate mergers and acquisitions there.<br />
He recently co-hosted (with Mark Allison) a continuing legal education programme<br />
on the IRS’s current alternative dispute resolution programmes. His most recent<br />
published articles on tax-related topics are “Accounting Methods – Which Retroactive<br />
‘Corrections’ Require IRS Consent?” (56 ABA <strong>Tax</strong> Lawyer 103, 2002, with Kathleen<br />
Dale); and “The IRS Reorganization: Programs and Initiatives of the New Large Case<br />
Division” (53 Administrative Law Review 679, 2001, with Mark Allison).<br />
Mr Laughlin became a partner at Dewey Ballantine in 1975. In the early 1970s, he<br />
practised in Dewey Ballantine’s New York office, and in 1974, he opened the firm’s<br />
Washington DC office. Before joining Dewey Ballantine, Mr Laughlin served in several<br />
senior positions in the National Office of the Internal Revenue Service, where he had<br />
policy and technical responsibility for corporate transactions (including reorganizations,<br />
redemptions, incorporations and liquidations) and tax accounting issues.<br />
Mr Laughlin received his LLM degree in taxation from Georgetown University Law<br />
Center in 1971, and a JD degree from the University of Tennessee College of Law in<br />
1967 where he was an editor of the Tennessee Law Review. He is a past chairman of the<br />
<strong>Tax</strong> Section of the Federal Bar Association.<br />
277
United States<br />
Brian E Lebowitz<br />
Alston & Bird LLP<br />
The Atlantic Building<br />
950 F Street, NW<br />
Washington, DC 20004-1404<br />
US<br />
Tel: (1) 202 756 3394<br />
Fax: (1) 202 654 4934<br />
Email: brian.lebowitz@alston.com<br />
Website: www.alston.com<br />
Brian E Lebowitz is a member of the firm’s international tax group and its federal income<br />
tax group.<br />
His practice over the past 25 years has been devoted primarily to representing<br />
corporations in both international and domestic tax matters. He has extensive experience<br />
in international transfer pricing (including the negotiation of advance pricing<br />
agreements), structuring business transactions of various types, the taxation of debt<br />
instruments and other financial products, tax accounting issues, and tax valuations. In<br />
addition to helping clients conduct their business affairs intelligently in light of their<br />
surrounding tax environment, he assists them in improving that environment by<br />
negotiating advance agreements or obtaining advance rulings that expand the areas<br />
within which they can operate with relative certainty. When controversies with the IRS<br />
or other tax administrators arise, Mr Lebowitz helps clients to resolve them. He also<br />
advises both clients and colleagues on the application of economic analysis in tax and<br />
other legal matters.<br />
Mr Lebowitz has published articles on a variety of subjects. His publications include “In<br />
Search of the Perfect Code” (Legal Times, July 5 1999, at S25) and “Transfer Pricing and<br />
the End of International <strong>Tax</strong>ation” (84 <strong>Tax</strong> Notes 1523 (1999)). The latter article was<br />
reprinted in a <strong>Tax</strong> Management Transfer Pricing Special Report (Nov 1 2000). Mr Lebowitz<br />
also co-wrote with two economists “Using <strong>Tax</strong> Exempt Bonds to Finance Professional<br />
Sports Stadiums” (78 <strong>Tax</strong> Notes 1663 (1998)).<br />
Mr Lebowitz received his JD in 1980 from Stanford Law School, where he was an article<br />
editor for the Stanford Law Review. He also received a PhD in economics in 1977, as well<br />
as an M Phil in 1975 and an MA in 1974, from Yale University. He earned his BA, summa<br />
cum laude, in 1972 from Amherst College and was elected to Phi Beta Kappa in his junior<br />
year. After law school, he clerked for the Honourable Thomas Gibbs Gee of the US<br />
Court of Appeals for the Fifth Circuit. Before joining Alston & Bird, he practised at<br />
Covington & Burling in Washington DC, where he was of counsel.<br />
Mr Lebowitz is a member of the tax sections of both the American Bar Association and<br />
the District of Columbia Bar Association and is admitted to practise before the US<br />
Court of Appeals for the DC Circuit and the US <strong>Tax</strong> Court. He is a member of the<br />
National <strong>Tax</strong> Association, the American Economic Association, the American Law and<br />
Economics Association, the International Fiscal Association, and the Committee on<br />
<strong>Tax</strong>ation of the US Council for International Business.<br />
278 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Marc M Levey<br />
Baker & McKenzie LLP<br />
805 Third Avenue<br />
New York, NY 10022<br />
US<br />
Tel: (1) 212 891 3944<br />
Fax: (1) 212 310 1644<br />
Email: marc.m.levey@bakernet.com<br />
Website: www.bakernet.com<br />
Marc Levey is a partner in the New York office of Baker & McKenzie. He has over 25<br />
years of experience in international taxation and is a nationally recognized expert in his<br />
field, particularly in structuring and defending transfer-pricing strategies. He has<br />
frequently been acknowledged by Legal Media Group as one of the world’s leading tax<br />
advisors, and was included in the Best of the Best, global tax experts. Mr Levey has also been<br />
recognized in the Best Lawyers in America and in New York Magazine as among “The New<br />
York Area’s Best Lawyers.”<br />
His practice focuses on transfer pricing and cross-border transactions and mergers and<br />
acquisitions; tax controversies and litigation; and general corporate, international and<br />
partnership taxation, and multinational restructurings. Mr Levey previously served as a<br />
tax attorney with the International <strong>Tax</strong> Ruling Group of the National Office of the IRS<br />
from 1975 to 1977. He acted as senior trial attorney with the <strong>Tax</strong> Division of the US<br />
Department of Justice from 1977 to 1981, was the special attorney to the Attorney-<br />
General of the US Department of Justice in 1982, and was formerly a partner in a bigfive<br />
firm, where he headed the transfer-pricing practice for the greater metropolitan New<br />
York area and was member of the firm’s international task force. In addition, he was a tax<br />
partner at a prominent New York-based law firm.<br />
Mr Levey represents a wide range of clients in proceedings before the IRS and federal<br />
courts and has substantial experience in handling tax controversies. He has been, and is,<br />
tax counsel on numerous high-profile tax court cases, including Club Med Sales Inc v<br />
Commissioner; Astra USA Inc v Commissioner; Saint Gobain Corporation et al v Commissioner;<br />
Frette SA v Commissioner; Andres Courrage Inc v Commissioner; Framatome Connectors USA<br />
v Commissioner; and El Paso Maquila Sales Inc v Commissioner. He has also successfully<br />
negotiated conclusions to numerous IRS tax audits, appeals controversies, fast-track<br />
appeals, competent authority matters and advance-pricing agreements.<br />
He has been a featured speaker at numerous international tax seminars throughout the<br />
world, such as <strong>Tax</strong> Executive Institute, Practicing Law Institute, International Fiscal<br />
Association, International <strong>Tax</strong> Review, Canadian <strong>Tax</strong> Foundation, College Colegio de<br />
Contadores de Pubicio Mexico, Counsel for <strong>Tax</strong> Education, American Bar Association,<br />
and NYU <strong>Tax</strong> Institute. He is also the editor and author of the tax treatise US <strong>Tax</strong>ation of<br />
Foreign Controlled Business, co-author of International Transfer Pricing OECD Guidelines,<br />
Warren Gorman Lamont treatises, the co-author of Transfer Pricing: Rules, Compliance and<br />
Controversy, CCH Incorporated, and the co-author of “Transfer Pricing: Alternate<br />
Practical Strategies” 890 <strong>Tax</strong> Management Foreign Income Portfolios (2001). Mr Levey has<br />
also authored over 100 publications over the last 10 years in leading global tax publications.<br />
Mr Levey is founding chairman of the American Bar Association’s <strong>Tax</strong> Section, Transfer<br />
Pricing Committee, and prior vice chairman of the Affiliated and Related <strong>Tax</strong> Party<br />
Committee, director of International <strong>Tax</strong> Institute Inc, and member of the advisory board<br />
of numerous leading tax journals such as Journal of International <strong>Tax</strong>ation, International <strong>Tax</strong><br />
Journal and BNA Foreign <strong>Tax</strong> Portfolio.<br />
Mr Levey is a graduate of Wilkes University (BS economics and accounting, 1969),<br />
University of Cincinnati College of Law (JD 1972) and the University of Miami Law<br />
School (LLM taxation, with honours, 1973). He is a member of the New York, California,<br />
District of Columbia, Pennsylvania and Illinois Bar Associations and the American Bar<br />
Association.<br />
279
United States<br />
Patricia Gimbel Lewis<br />
Caplin & Drysdale<br />
One Thomas Circle, NW<br />
Washington, DC 20005<br />
US<br />
Tel: (1) 202 862 5017<br />
Fax: (1) 202 429 3301<br />
Email: pgl@capdale.com<br />
Website: www.caplindrysdale.com<br />
Patricia Gimbel Lewis is a member of Caplin & Drysdale, a 60-attorney law firm in<br />
Washington DC that focuses on tax matters. Ms Lewis’ practice centres on international<br />
transfer-pricing issues, competent authority matters, and other aspects of international<br />
taxation, including tax audits and other administrative controversies. A particular<br />
emphasis is the negotiation of advance pricing agreements (APAs) between taxpayers, the<br />
IRS, and foreign tax authorities. In this context, she has represented US subsidiaries of<br />
large Japanese corporations, as well as affiliates of corporations in the UK, Sweden,<br />
Germany, Israel, and other foreign countries.<br />
Ms Lewis co-chaired the IRS/George Washington University Annual Institute on<br />
International <strong>Tax</strong>ation for 2000 and 2001 and serves on its advisory board. Recent articles<br />
by Ms Lewis include:<br />
• “Play It Again, Sam – The IRS (More or Less) Finishes the Section 482 Services<br />
Regulations” The <strong>Tax</strong> Executive (October 2006);<br />
• “The Law of Unintended Consequences: International Implications of Section 409A”<br />
The <strong>Tax</strong> Executive (March/April 2005);<br />
• “What’s New? What’s Missing? The IRS Updates APA Procedures” The <strong>Tax</strong> Executive<br />
(July/August 2004);<br />
• “Markers and Musings on the Proposed § 482 Services Regulations” The <strong>Tax</strong> Executive<br />
(December 2003);<br />
• “The Final Word on Stock Options in Cost Sharing Arrangements?” <strong>Tax</strong> Management<br />
International Journal (December 2003);<br />
• “Option Wars: Upping the Ante for Cost Sharing Arrangements” <strong>Tax</strong> Management<br />
International Journal (November 2002);<br />
• “Second First? Transfer Pricing in Secondment of Personnel” The <strong>Tax</strong> Executive<br />
(July/August 2002);<br />
• “Cost Sharing Arrangements Come of Age” BNA <strong>Tax</strong> Management Memorandum<br />
(2000);<br />
• “Mining for Nuggets in the IRS APA Report” The <strong>Tax</strong> Executive (May/June 2000);<br />
• “Now What? Collateral Consequences of Transfer Pricing Adjustments” The <strong>Tax</strong><br />
Executive (1995); and<br />
• “Strategic Choices for Transfer-Pricing Controversies” The <strong>Tax</strong> Executive (1992).<br />
She has also presented speeches on these topics to many audiences (the ITR Annual<br />
Transfer Pricing Forum, ABA <strong>Tax</strong>ation Section, and <strong>Tax</strong> Executives Institute).<br />
Ms Lewis received her law degree (JD cum laude) from Harvard Law School in 1971. In<br />
the same year she also received an MBA, with high distinction, from the Harvard<br />
University Graduate School of Business Administration, where she was a Baker Scholar.<br />
Her undergraduate degree is from Wellesley College.<br />
Ms Lewis is a fellow of the American College of <strong>Tax</strong> Counsel, the American Bar<br />
Foundation, and the American College of Employee Benefits Counsel. She served on the<br />
IRS Commissioner’s advisory group from 1994 through 1996. Ms Lewis co-chaired the<br />
DC Bar <strong>Tax</strong>ation Section from 1992 through 1995, and has been a regular participant in,<br />
and co-drafter of, various projects of the ABA taxation section’s foreign committees on<br />
matters such as the section 482 regulations, advance pricing agreements, competent<br />
authority procedures, cost-sharing agreements and penalties.<br />
280 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Jerome B Libin<br />
Sutherland Asbill & Brennan LLP<br />
1275 Pennsylvania Avenue, NW<br />
Washington, DC 20004<br />
US<br />
Tel: (1) 202 383 0145<br />
Fax: (1) 202 637 3593<br />
Email: jerome.libin@sablaw.com<br />
Website: www.sablaw.com<br />
Jerry Libin is the firm-wide chair of the 80-lawyer tax group at Sutherland Asbill &<br />
Brennan LLP. He handles matters involving virtually every aspect of domestic and<br />
international corporate taxation for a broad range of US and foreign clients. His principal<br />
areas of concentration are tax controversy, tax planning (including transfer pricing),<br />
corporate acquisitions, dispositions and restructurings, and financial transactions<br />
involving domestic and/or international tax considerations. Mr Libin has successfully<br />
litigated a number of important federal tax cases. He also handles constitutional<br />
challenges to state tax statutes.<br />
Mr Libin has extensive experience in dealing with the Treasury Department in matters<br />
such as the revision of proposed regulations and the negotiation of tax treaty provisions.<br />
He has handled legislative matters involving presentations to the Congressional taxwriting<br />
committees and the Joint Committee on <strong>Tax</strong>ation. As a consultant to the<br />
American Law Institute International <strong>Tax</strong> Study Project, Mr Libin participated in the<br />
development of a number of international tax proposals that became part of the Internal<br />
Revenue Code of 1986. He has also served as an informal adviser to the staff of the Senate<br />
Finance Committee.<br />
From 2001 to 2005, Mr Libin was president of the 10,000-member International Fiscal<br />
Association (IFA), the largest professional organization in the world devoted exclusively<br />
to the study of international tax matters. He is currently a member of the executive<br />
committee of the US branch of IFA. Mr Libin has also served as a member of the council<br />
of the <strong>Tax</strong> Section of the American Bar Association and as chair of its Special Committee<br />
on Standing to Sue, Committee on Integration, Special Projects Committee and<br />
Globalization Task Force. A past chair of the <strong>Tax</strong>ation Division of the District of<br />
Columbia Bar; he is also a fellow of the American College of <strong>Tax</strong> Counsel and a master<br />
of the bench of the J Edgar Murdock American Inn of Court, the only inn of court<br />
dealing with federal tax matters. He has been a professorial lecturer on advanced<br />
corporate taxation at the George Washington University National Law Center. He is a<br />
frequent speaker at tax programmes and a contributor to tax periodicals.<br />
Mr Libin is listed in the Best Lawyers in America, the Guide to the World’s Leading <strong>Tax</strong><br />
<strong>Advisers</strong>, Chambers USA – America’s Leading Business Lawyers, Chambers Global – World’s<br />
Leading Lawyers, the International <strong>Tax</strong> Review World <strong>Tax</strong> Guide, and various other<br />
publications listing prominent tax practitioners.<br />
Mr Libin graduated from University of Michigan Law School, where he was editorin-chief<br />
of the Law Review. Before joining the firm in 1961, he served as a law clerk to<br />
Associate Justice Charles E Whittaker of the United States Supreme Court.<br />
281
United States<br />
John B Magee<br />
McKee Nelson LLP<br />
1919 M Street, NW<br />
Suite 200<br />
Washington, DC 20036<br />
US<br />
Tel: (1) 202 775 8671<br />
Fax: (1) 202 775 8586<br />
Email: jmagee@mckeenelson.com<br />
Website: www.mckeenelson.com<br />
Mr Magee focuses on tax controversy and international tax issues, including transfer<br />
pricing. He has extensive experience in all aspects of income tax planning, Internal<br />
Revenue Service administrative proceedings, and tax litigation. Mr Magee has tried cases<br />
in the US <strong>Tax</strong> Court, the US Court of Federal Claims, and the US district courts.<br />
Before joining McKee Nelson in January 2000, Mr Magee was a partner in the DC law<br />
firm Miller & Chevalier.<br />
Mr Magee has spoken extensively in a variety of tax forums. He is an adjunct professor<br />
in the graduate tax programme of the Georgetown Law Center, teaching “International<br />
Transfer Pricing: Theory vs Practice”.<br />
Mr Magee received an LLM in taxation from the Georgetown University Law Center<br />
in 1977 and a JD in 1972 from the University of Washington School of Law, where he<br />
served on the law review and received the Order of the Coif distinction. He received a<br />
BA from Pomona College in 1966.<br />
Mr Magee has been named one of the world’s leading practitioners in the field of<br />
taxation by Chambers Global – The World’s Leading Lawyers for Business since 2001 and<br />
Chambers USA – America’s Leading Lawyers for Business since 2002. He has been listed<br />
in The Best Lawyers in America for the past 10 years.<br />
Representative cases in which Mr Magee has served as either lead counsel or a<br />
principal participant include:<br />
• BF Goodrich Co v United States, Docket No 5:98CV0846 (ND Ohio) (COLI);<br />
• Boeing Co v United States, 98-2 USTC 50,722 (WD Wash 1998), rev’d, 123 S Ct<br />
1099 (2003), aff’g 258 F3d 958 (9th Cir 2001)(DISC/R&D);<br />
• The Dow Chemical Company v United States, 250 F Supp 2d 748 (ED Mich 2003),<br />
appeal pending 6th Circuit;<br />
• Exxon Corp v Commissioner, 66 TCM (CCH) 1707 (1993) (§482, transfer pricing);<br />
• Exxon Corp v United States, 931 F2d 874 (Fed Cir 1991) (bad debts);<br />
• General Electric Co v Commissioner, <strong>Tax</strong> Ct No 14715-92 (R&D);<br />
• GlaxoSmithKline Holdings (Americas) Inc v Commissioner, 117 TC 1 (2001) (§482<br />
preservation of testimony);<br />
• GlaxoSmithKline Holdings (Americas) Inc v Commissioner, US <strong>Tax</strong> Court Docket No<br />
005750-04 (§482);<br />
• Host Marriott Corp v United States, 267 F3d 363 (4th Cir 2001)(§172(f)); and<br />
• Weyerhaeuser Co v United States, 92 F3d 1148 (Fed Cir 1996) (timber loss).<br />
282 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Carlyn S McCaffrey<br />
Weil, Gotshal & Manges LLP<br />
767 Fifth Avenue<br />
New York, NY 10153<br />
US<br />
Tel: (1) 212 310 8136<br />
Fax: (1) 212 310 8007<br />
Email: carlyn.mccaffrey@weil.com<br />
Website: www.weil.com<br />
Carlyn McCaffrey is a partner and co-head of Weil Gotshal & Manges’ trusts and<br />
estates department and an adjunct professor of law at New York University School of<br />
Law and at the University of Miami School of Law. She received her LLB and her<br />
LLM from the New York University School of Law.<br />
Mrs McCaffrey is a fellow and a past president of the American College of Trust & Estate<br />
Counsel, a fellow and regent of the American College of <strong>Tax</strong> Counsel and a member and<br />
past vice-president of the International Academy of Trust & Estate Counsel. In addition,<br />
Mrs McCaffrey is a former member of the council of the Real Property Probate and Trust<br />
Section of the American Bar Association, a current representative of the section on the<br />
Joint Editorial Board for Uniform Trusts and Estate Acts, the former chair of the section’s<br />
Generation-Skipping Transfer <strong>Tax</strong> Committee, a member of the <strong>Tax</strong> Section of the New<br />
York State Bar Association and the co-chair of the section’s Estates and Trusts<br />
Committees, a member of the advisory board of <strong>Tax</strong> Analysts, and a member of the<br />
advisory committee of the University of Miami’s Philip E Heckerling Institute on Estate<br />
Planning. She is a member of the New York Archdiocese Planned Gifts Bequests<br />
Committee, a member and the secretary of the board of directors of the Catholic<br />
Communal Fund, a member of the board of trustees of Blythedale Children’s Hospital, a<br />
member of the board of directors of the Breast Cancer Research Fund, the chair of the<br />
Central Park Professional Advisory Committee, a member of The Metropolitan Museum<br />
of Art’s Professional Advisory Council, a member of The Museum of Modern Art’s<br />
Planned Giving Advisory Committee, and a member of the Professional Advisors Council<br />
Committee of Lincoln Center for the Performing Arts, Inc.<br />
Mrs McCaffrey frequently lectures on subjects relating to tax law, trusts and estates,<br />
foreign trusts and matrimonial law. She also writes extensively on these topics, and is<br />
the co-author of Structuring the <strong>Tax</strong> Consequences of Marriage and Divorce.<br />
283
United States<br />
William S McKee<br />
McKee Nelson LLP<br />
1919 M Street, NW<br />
Suite 200<br />
Washington, DC 20036<br />
US<br />
Tel: (1) 202 775 8580<br />
Fax: (1) 202 775 8586<br />
Email: bmckee@mckeenelson.com<br />
Website: www.mckeenelson.com<br />
Mr McKee is one of the founding partners of McKee Nelson. His practice encompasses<br />
all areas of federal taxation, with a special emphasis on partnership taxation.<br />
Mr McKee served as tax legislative counsel at the US Treasury Department from 1981<br />
to 1983. He is a member of the American Law Institute, the American College of <strong>Tax</strong><br />
Counsel, and the National Institute for <strong>Tax</strong> Professionals.<br />
Mr McKee was a law professor at the University of Virginia School of Law from 1969<br />
to 1981. He also was a visiting professor in the graduate tax programme at the New York<br />
University School of Law from 1975 to 1977.<br />
He is co-author of Federal <strong>Tax</strong>ation of Partnerships and Partners (Warren, Gorham &<br />
Lamont, 3rd edition, 1997), and Federal <strong>Tax</strong>ation of Partnerships and Partners: Structuring<br />
and Drafting Agreements (Warren, Gorham & Lamont, 2nd edition, 1993). Mr McKee is<br />
a frequent speaker at seminars around the country on partnership taxation and has<br />
written numerous articles.<br />
A 1966 cum laude graduate of Yale University, Mr McKee received a JD, magna cum laude,<br />
in 1969 from the Harvard Law School, where he was an editor of the Harvard Law<br />
Review.<br />
Mr McKee has been named one of the world’s leading practitioners in the field of<br />
taxation by Chambers Global – America’s Leading Lawyers for Business since 2000 and<br />
Chambers USA – America’s Leading Lawyers for Business since 2002. He has been listed in<br />
The Best Lawyers in America for the past 20 years.<br />
284 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Philip D Morrison<br />
<strong>Deloitte</strong> <strong>Tax</strong> LLP<br />
555 Twelfth Street, NW, Suite 500<br />
Washington, DC 20004<br />
US<br />
Tel: (1) 202 879 4977<br />
Fax: (1) 202 661 1095<br />
Email: pmorrison@deloitte.com<br />
Website: www.deloitte.com<br />
Philip D Morrison is a principal with <strong>Deloitte</strong> <strong>Tax</strong> in Washington DC. He leads <strong>Deloitte</strong>’s<br />
international tax quality control function. Mr Morrison has over 25 years of experience as<br />
a tax lawyer, with the last 17 years exclusively in international tax, including inbound and<br />
outbound planning, treaty issues, transfer pricing and controversy work. He joined<br />
<strong>Deloitte</strong> in 1999, and was previously a partner at Baker & McKenzie.<br />
Mr Morrison provides tax planning and compliance advice to international tax<br />
practitioners in <strong>Deloitte</strong> offices across the country and around the world, and to their<br />
clients. As leader of the international tax quality function, he leads the committee that<br />
determines the firm’s positions on US international tax questions. He also contributes to<br />
the Washington office’s work to develop or refine international tax planning strategies,<br />
provide training and information on international tax, and act as a liaison with the<br />
government.<br />
Mr Morrison served from 1989 to 1992 as the US Treasury’s international tax counsel, the<br />
US government’s chief legal adviser on international tax matters (including international<br />
tax legislation and regulations), and chief negotiator of tax treaties and director of the<br />
Office of International <strong>Tax</strong> Counsel. He also represented the US at the OECD and other<br />
multilateral tax forums. Earlier in his career he served as counsel to the US Senate<br />
Finance Committee.<br />
Mr Morrison is a member of the committee on US activities of foreigners and tax treaties<br />
of the American Bar Association tax section, the tax committee of the National Foreign<br />
Trade Council, the International Fiscal Association, and two Washington-based<br />
international tax study groups.<br />
He is an honours graduate of the Harvard Law School, and graduated from Princeton<br />
University with high honours. He has spoken and published widely on various<br />
international tax subjects.<br />
285
United States<br />
Clifford E Muller<br />
Sutherland Asbill & Brennan LLP<br />
1275 Pennsylvania Avenue, NW<br />
Washington, DC 20004<br />
US<br />
Tel: (1) 202 383 0207<br />
Fax: (1) 202 637 3593<br />
Email: cliff.muller@sablaw.com<br />
Website: www.sablaw.com<br />
Cliff Muller practises exclusively in the area of federal tax law and concentrates<br />
primarily on transactions with international tax implications.<br />
Mr Muller’s practice focuses on analysing and structuring international transactions,<br />
including acquisitions, dispositions, reorganizations, transfer pricing, repatriation<br />
techniques, currency transactions and finance company arrangements. He is experienced<br />
in the taxation of financial transactions, including interest rate swaps, currency swaps,<br />
commodity swaps, debt offerings and hedging transactions. Mr Muller works regularly<br />
with the Internal Revenue Service and Treasury Department regarding regulation<br />
projects, formal rulings and informal advice and with Congressional Committee staffs<br />
regarding the technical operation of statutory and bill language.<br />
Mr Muller is a member of the American Bar Association’s Committee on Financial<br />
Transactions and was the committee chairman for the Subcommittee on International<br />
Financial Transactions. He is the author of numerous writings on international tax<br />
subjects, including the BNA portfolio on <strong>Tax</strong> Aspects of Foreign Currency, and speaks<br />
frequently before TEI, the American Conference Institute, the World Trade Institute<br />
and other professional and trade associations. He was an associate professor of law at<br />
the George Washington University National Law Center and taught a course entitled<br />
“Special Problems in Corporate <strong>Tax</strong>ation”, which addressed the issues involved with<br />
taxable and non-taxable mergers, intra-group sales, consolidated returns, liquidations,<br />
net operating loss carryovers and other corporate tax issues.<br />
Mr Muller graduated from George Washington Law School in 1981 with high<br />
honours, and from Bucknell University, magna cum laude, in 1978.<br />
286 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Dan Munger<br />
<strong>Deloitte</strong> <strong>Tax</strong> LLP<br />
111 S Wacker Drive<br />
Chicago, IL 60606<br />
US<br />
Tel: (1) 312 486 8930<br />
Fax:<br />
Email: dmunger@deloitte.com<br />
Website: www.deloitte.com<br />
Daniel Munger, the leader of <strong>Deloitte</strong> <strong>Tax</strong>’s global strategies group, has more than 25<br />
years of tax and accounting experience. His focus is on strategic international tax<br />
planning and consulting for multinational organizations in various matters, including<br />
mergers and acquisitions, US and local county tax planning, foreign tax credit<br />
planning, cash utilization strategies and transfer pricing.<br />
The Global Strategies Group (GSG), a national practice within <strong>Deloitte</strong> & Touche USA<br />
led by Mr Munger, delivers comprehensive strategic planning to ensure long-term<br />
sustainable effective tax rate reduction. The GSG group has assisted many US<br />
multinationals in designing integrated tax and treasury strategic plans and executing<br />
multi-year strategies. The approach and methodology of the GSG practice has been<br />
successfully deployed to assist in the design and execution of large complex restructuring.<br />
Mr Munger has served as the engagement partner on a number of large multinationals<br />
where project management and team coordination played a key role in successful<br />
project implementation. He has played a key role in various international think-tank<br />
efforts and has been a contributor to the development of creative solutions. He is a<br />
frequent lecturer on a variety of international topics and tax accounting matters with<br />
groups such as the <strong>Tax</strong> Executives Institute, MAPI, and the World Trade Institute.<br />
A graduate of Purdue University, Mr Munger is a member of the American Institute<br />
of Certified Public Accountants and the Illinois CPA Society. He has served the<br />
Chicago civic and professional community for many years.<br />
287
United States<br />
Mark Nehoray<br />
<strong>Deloitte</strong> <strong>Tax</strong> LLP<br />
350 South Grand Avenue, Suite 200<br />
Los Angeles, CA 90071<br />
US<br />
Tel: (1) 213 688 4104<br />
Email: mnehoray@deloitte.com<br />
Website: www.deloitte.com<br />
Mark Nehoray is a senior partner in the Los Angeles office of <strong>Deloitte</strong> and the partnerin-charge<br />
of transfer pricing services for the Pacific Southwest.<br />
He has been consistently recognized by International <strong>Tax</strong> Review as one of the leading<br />
transfer pricing advisers in the United States and by Euromoney Legal Media Group as<br />
one of the world’s leading transfer pricing advisers.<br />
Mr Nehoray has over 25 years of public accounting and private industry experience,<br />
primarily in the international tax and transfer pricing areas. He consults with<br />
multinational clients on cross-border transactions, assists multinational companies with<br />
transfer pricing studies, and consults with clients on restructuring foreign royalties and<br />
other foreign income streams. Mr Nehoray led the team that successfully negotiated<br />
Mexico’s first ever transfer pricing ruling.<br />
Mr Nehoray is the transfer pricing advisor to three of the world’s largest multinationals,<br />
and over the past 15 years has conducted a significant number of transfer pricing studies<br />
in a variety of industry sectors. These projects have included both defensive work with<br />
respect to on-going IRS audits and competent authority assistance, as well as planning<br />
studies and APAs. Some of these projects have involved the restructuring of a US<br />
company to minimize US federal, state and foreign income taxes, and US and foreign<br />
customs duties. Over the past 10 years, he has been responsible for the firm’s largest APA.<br />
Since 2002, Mr Nehoray has been the executive producer and the host of <strong>Deloitte</strong>’s<br />
Transfer Pricing Dbriefs, a monthly Internet programme. He is a frequent speaker at<br />
US transfer pricing conferences sponsored by CITE, <strong>Tax</strong> Executives Institute, and<br />
California Society of CPAs. He has also served as a transfer-pricing instructor at the<br />
firm’s various national and international tax training programs and has authored<br />
several articles and publications on transfer pricing and tax strategy.<br />
He has a bachelor’s degree in business administration from the University of Southern<br />
California and a master’s degree in business taxation from the University of Southern<br />
California.<br />
288 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
William F Nelson<br />
McKee Nelson LLP<br />
1919 M Street, NW<br />
Suite 200<br />
Washington, DC 20036<br />
US<br />
Tel: (1) 202 775 8582<br />
Fax: (1) 202 775 8586<br />
Email: wnelson@mckeenelson.com<br />
Website: www.mckeenelson.com<br />
Mr Nelson is a co-founder of McKee Nelson. His practice encompasses all areas of<br />
federal taxation, with a special emphasis on partnership taxation and tax controversy<br />
matters.<br />
From 1986 to 1988, Mr Nelson served as chief counsel for the Internal Revenue Service.<br />
He is co-author of Federal <strong>Tax</strong>ation of Partnerships and Partners (Warren, Gorham &<br />
Lamont, 3rd edition, 1997), and Federal <strong>Tax</strong>ation of Partnerships and Partners: Structuring<br />
and Drafting Agreements (Warren, Gorham & Lamont, 2nd edition, 1993). Mr Nelson<br />
has written articles on tax law for numerous journals and institutes. Mr Nelson is a<br />
frequent lecturer at various tax institutes.<br />
Mr Nelson received a JD from the University of Virginia School of Law in 1972, where<br />
he was editor-in-chief of the Virginia Law Review and was named to the Order of the<br />
Coif. He graduated from Mississippi State University with highest honours in 1969.<br />
Mr Nelson has been named one of the world’s leading practitioners in the field of<br />
taxation by Chambers Global – America’s Leading Lawyers for Business since 2001 and<br />
Chambers USA – America’s Leading Lawyers for Business since 2002. He has been listed in<br />
The Best Lawyers in America for the past 10 years.<br />
289
United States<br />
Andrew C Newman<br />
<strong>Deloitte</strong> <strong>Tax</strong> LLP<br />
111 South Wacker Drive<br />
Chicago, IL 60606-4301<br />
US<br />
Tel: (1) 312 486 9846<br />
Fax: (1) 312 247 9846<br />
Email: acnewman@deloitte.com<br />
Website: www.deloitte.com<br />
Andrew Newman specializes in international tax matters of multinational companies,<br />
and is a member of <strong>Deloitte</strong>’s international tax service line. He serves US multinational<br />
clients in a variety of industries, including specialty chemicals, manufacturing, food<br />
processing and distribution, and franchising. As an active member of <strong>Deloitte</strong>’s<br />
worldwide network, he has performed numerous global tax studies for multinational<br />
companies with the purpose of reducing their worldwide effective tax rate. Mr Newman<br />
has been intimately involved in the development of a new approach to managing the<br />
effective tax rate of a global company and optimizing its use of offshore cash, and has<br />
successfully implemented these so-called Global ST 2 EPS principles for many US-based<br />
multinational companies.<br />
Mr Newman was recently recognized in a leading international survey of tax advisers<br />
as the leading international tax service professional in the central region of the US.<br />
The study, conducted by the prestigious International <strong>Tax</strong> Review, gathers and assesses<br />
feedback on accounting and law firm tax advisers from 2,000 in-house tax experts and<br />
CFOs at leading companies and financial institutions throughout North America.<br />
Mr Newman has published numerous articles on international tax matters in such<br />
magazines as The <strong>Tax</strong> Executive, Investment USA and The International <strong>Tax</strong> Management<br />
Journal. He has co-written BNA Portfolios on international tax topics, including<br />
Allocation and Apportionment of Expenses – Reg §1.861-8 and Foreign Corporation Earning<br />
and Profits. He has addressed various tax groups, including the Chicago <strong>Tax</strong> Club, the<br />
<strong>Tax</strong> Executives Institute, and the National Chamber Foundation on international tax<br />
matters. He is a member of the International Fiscal Association, the Chicago Council<br />
on Foreign Relations, the AICPA and the Illinois CPA Society.<br />
Mr Newman graduated from the University of Wisconsin-Madison with a bachelor of<br />
business administration degree in 1980. He joined Arthur Andersen in July 1980, was<br />
promoted to manager in July 1984 and partner in September 1990. In 1985, he spent<br />
the year with the international tax specialty group in Arthur Andersen’s office of<br />
federal tax services in Washington DC. In May 2002, Mr Newman joined the Chicago<br />
office of <strong>Deloitte</strong> as a partner.<br />
290 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
David Z Nirenberg<br />
McKee Nelson LLP<br />
One Battery Park Plaza<br />
34th Floor<br />
New York, NY 10004<br />
US<br />
Tel: (1) 917 777 4395<br />
Fax: (1) 917 777 4299<br />
Email: dnirenberg@mckeenelson.com<br />
Website: www.mckeenelson.com<br />
David Nirenberg’s practice focuses on tax work related to structured finance and<br />
derivative products. He has played a significant role in the structuring of a wide variety<br />
of innovative financial products in both domestic and cross-border markets.<br />
Mr Nirenberg has written and lectured extensively in the area of financial products. He<br />
is co-author of the following:<br />
• Federal Income <strong>Tax</strong>ation of Securitization Transactions, Frank J Fabozzi Associates 2001<br />
– with annual supplement;<br />
• Federal Income <strong>Tax</strong>ation of Mortgage-Backed Securities, Probus Publishing 1989, revised<br />
1994; and<br />
• Covered Bonds – a global taxation perspective, The Euromoney Corporate <strong>Tax</strong><br />
Handbook 2006<br />
Prior to joining McKee Nelson, Mr Nirenberg was a partner at Orrick, Herrington &<br />
Sutcliffe LLP. He received his JD from Columbia Law School in 1985 where he was a<br />
Harlan Fiske Stone Scholar. He received his MBA with honours from Boston University<br />
Graduate School of Management in 1985 and a BS from Cornell University in 1981.<br />
291
United States<br />
Edwin L Norris<br />
Sidley Austin LLP<br />
555 West Fifth Street<br />
Los Angeles, CA 90013<br />
US<br />
Tel: (1) 213 896 6026<br />
Fax: (1) 213 896 6600<br />
Email: enorris@sidley.com<br />
Website: www.sidley.com<br />
Edwin L Norris is the partner in charge of the tax group in the Los Angeles office. He<br />
practises primarily in the areas of federal and state business taxation and entertainment<br />
ventures, focusing on the planning and implementation of complicated, tax-intensive<br />
transactions. He also handles complex tax controversies.<br />
Mr Norris has extensive experience in resolving the complex tax issues presented by large<br />
business transactions, especially transactions involving acquisitions and dispositions and<br />
international joint ventures and investments (both inbound and outbound).<br />
Mr Norris has been heavily involved in international transactions for nearly 30 years. For<br />
the past 15 years, he has represented a major motion picture studio as its principal outside<br />
tax counsel, advising the studio in connection with a variety of domestic and international<br />
joint ventures, film financing transactions, acquisitions and dispositions. Recently, Mr<br />
Norris has been the studio’s outside counsel principally responsible for the design and<br />
implementation of a complex international joint venture for the production of up to $5<br />
billion of theatrical motion pictures.<br />
Mr Norris has also represented a number of other clients on a variety of transactions. His<br />
recent projects include a large film securitization transaction on behalf of a major<br />
investment bank and many other types of acquisition, film financing and joint venture<br />
transactions.<br />
Mr Norris is a member of the <strong>Tax</strong> Section of the American Bar Association. He serves on<br />
the <strong>Tax</strong> Section’s Committee on Foreign Activities of United States <strong>Tax</strong>payers and served<br />
as chairman of the subcommittee on the anti-conduit regulations. In that capacity, he was<br />
co-author of the American Bar Association <strong>Tax</strong> Section’s formal comments in 1995 on the<br />
proposed anti-conduit regulations. Mr Norris has lectured on a variety of federal and state<br />
tax matters, has authored numerous tax articles and has taught a law school course on<br />
international business transactions. Mr Norris spoke in January 1999 on “<strong>Tax</strong> Aspects of<br />
Film Company Acquisitions” at the 51st Annual Institute on Federal <strong>Tax</strong>ation sponsored<br />
by the University of Southern California School of Law<br />
Mr Norris graduated from New York University School of Law (LLM in taxation) in<br />
1978, from Yale Law School (JD) in 1972, and from Duke University (BA) in 1968. He<br />
admitted to practise in California (1987), New York (1973), Oklahoma, and at the US <strong>Tax</strong><br />
Court.<br />
292 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Amin Nosrat<br />
<strong>Deloitte</strong> <strong>Tax</strong> LLP<br />
333 Clay Street, Suite 2300<br />
Houston, TX 77002<br />
US<br />
Tel: (1) 713 982 4057<br />
Fax: (1) 713 427 4057<br />
Email: anosrat@deloitte.com<br />
Website: www.deloitte.com<br />
Amin Nosrat is an international tax partner serving multinational corporations in a variety<br />
of industries, including energy (upstream, midstream and downstream, and power<br />
generation and transmission), oil field services, manufacturing and distribution, waste<br />
services and real estate.<br />
Since he began practising in 1984, Amin has advised clients in all areas of outbound<br />
international taxation including acquisition and disposition planning, initial structuring<br />
for new country investments, tax-efficient financing structures, foreign tax credit planning<br />
including expense apportionment and overall foreign loss planning, earnings and profits<br />
computations, transfer pricing and repatriation strategies. Amin also has extensive<br />
experience in inbound international taxation including inbound financing, FIRPTA,<br />
branch profits taxes, and disposition planning.<br />
Amin is a member of the firm’s international tax think tank and leads the firm’s Houston<br />
international tax practice. He has extensive experience with domestic corporate tax issues<br />
including accounting methods and inventories, entity structuring and restructuring from<br />
a national and international perspective, and consolidated return engagement experience,<br />
as well as expertise in individual and partnership taxation.<br />
He currently serves as a member of the board of directors of the International <strong>Tax</strong> Forum<br />
of Houston, and is a frequent lecturer at internal and external international tax seminars<br />
and conferences. In 2004 and 2005, Amin was recognized as one of Houston’s leading<br />
international tax practitioners in cross-border structuring by the Legal Media Group’s<br />
International <strong>Tax</strong> Journal.<br />
Amin received his BBA (magna cum laude) from Baylor University and is a certified public<br />
accountant.<br />
293
United States<br />
James M O’Brien<br />
Baker & McKenzie LLP<br />
130 E Randolph Drive, Suite 3700<br />
Chicago, IL 60601<br />
US<br />
Tel: (1) 312 861 8602<br />
Fax: (1) 312 616 7345<br />
Email: james.m.obrien@bakernet.com<br />
Website: www.bakernet.com<br />
James M O’Brien is a partner in the Chicago office of Baker & McKenzie. The firm has<br />
over 150 tax attorneys in North America and over 500 tax attorneys globally. Mr O’Brien<br />
joined Baker & McKenzie upon graduating from law school in 1981. He became a<br />
partner in 1988. Between 1999 and 2002, he served as chair of Baker & Mckenzie’s<br />
North American tax practice group. He currently serves as chair of its <strong>Tax</strong> Controversy<br />
sub-practice.<br />
Since 1981, Mr O’Brien’s practice has focused on federal tax controversies, international<br />
tax planning and transfer pricing. Representing clients in disputes with the IRS or<br />
foreign tax authorities makes up the majority of his practice.<br />
Mr O’Brien’s tax litigation experience has concentrated on large tax (so-called<br />
coordinated industry case or CIC) controversies on behalf of US and foreign<br />
multinationals with the IRS. His litigation experience covers diverse US tax issues,<br />
including satisfaction of the subpart F manufacture or production test; the eligibility of<br />
computer software masters and germplasm for FSC benefits; deductibility of hostile<br />
takeover costs; eligibility for, and quantification of, the section 936 possession tax credit;<br />
research credit qualification and computation issues; unrelated business income;<br />
employment tax; and section 861 expense allocation and apportionment. The litigated<br />
issues often involve high profile subjects (for example tax consequences of the Bhopal gas<br />
disaster) or issues designated for litigation by the IRS.<br />
He has litigated to opinion several inter-company pricing cases, including Eli Lilly & Co<br />
v. Commissioner 84 TC 996 (1985), rev’d in part, aff’d in part, and rem’d, 856 F2d 855 (7th<br />
Cir 1988); Sundstrand Corporation v Commissioner 96 TC 226 (1991); The Perkin-Elmer<br />
Corp v Commissioner 66 TCM (CCH) 634 (1993); and Compaq Computer Corporation v<br />
Commissioner 78 TCM (CCH) 20 (1999). In 2002, Mr O’Brien successfully argued<br />
before the Ninth Circuit that export licences of computer software masters qualified for<br />
FSC tax benefits, thereby ending a two-decade battle between the IRS and the software<br />
industry over the scope of the FSC statute and regulations: Microsoft Corp. v<br />
Commissioner, 311 F.3d 1178 (9th Cir 2002).<br />
Mr O’Brien has represented numerous clients in IRS audit, appeals, competent authority<br />
and APA proceedings for the past 25 years. Given Baker & McKenzie’s broad network<br />
of foreign offices, he often has worked closely with the firm’s foreign tax lawyers on<br />
double tax cases arising from transfer-pricing or business profits adjustments proposed<br />
by the IRS or a foreign tax authority.<br />
Mr O’Brien is the lead author of a 600-page international tax treatise, US Corporations<br />
Doing Business Abroad (RIA). He has published a number of articles in US, Japanese and<br />
European tax journals. He is a regular speaker at TEI, ATLAS and other tax seminars.<br />
Between 1990 and 1993, he was an adjunct professor at IIT Chicago Kent Law School,<br />
teaching the international tax course in the graduate tax program.<br />
Mr O’Brien is a 1978 graduate (summa cum laude) of the University of Notre Dame,<br />
where he competed on the varsity track team. He is a 1981 graduate (magna cum laude)<br />
of the Harvard Law School, where he was president of the Harvard Defenders Legal Aid<br />
Society and was invited to join the Harvard Law Review.<br />
294 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Jeffrey O’Donnell<br />
<strong>Deloitte</strong> <strong>Tax</strong> LLP<br />
555 Twelfth St, NW, Suite 500<br />
Washington, DC 20004<br />
US<br />
Tel: (1) 202 879 4932<br />
Fax: (1) 202 661 1094<br />
Email: jodonnell@deloitte.com<br />
Website: www.deloitte.com<br />
Jeffrey O’Donnell is an active member of the Washington international tax services<br />
group. He has extensive experience in, and his practice concentrates on, the international<br />
tax aspects of cross-border tax planning, joint ventures, financial products and derivatives<br />
and cross-border mergers, acquisitions and restructurings.<br />
Mr O’Donnell specializes in the development and implementation of business strategies<br />
to reduce the tax inefficiencies faced by the largest US- and foreign-based multinational<br />
corporations in their conduct of global business operations, including global tax<br />
minimization and tax-efficient financing and repatriation. He is a frequent speaker and<br />
author of articles addressing international tax issues.<br />
Mr O’Donnell graduated with honours from Harvard Law School, and has a masters<br />
degree in international management from the American Graduate School of<br />
International Management and a BS degree, with honours, from Miami University.<br />
295
United States<br />
Joseph M Pari<br />
Dewey Ballantine LLP<br />
1775 Pennsylvania Avenue, NW<br />
Washington, DC 20006-4605<br />
US<br />
Tel: (1) 202 862 4516<br />
Fax: (1) 202 862 1093<br />
Email: jpari@deweyballantine.com<br />
Website: www.deweyballantine.com<br />
Joseph M Pari is a partner in the Washington DC office of Dewey Ballantine. His<br />
practice relates to the federal income taxation of mergers, acquisitions, spin-offs, other<br />
divisive strategies, restructurings, bankruptcy and non-bankruptcy workouts, acquisition<br />
financing, and the use of pass-through entities in acquisitive and divisive transactions,<br />
with a particular emphasis on corporate tax planning, the utilization of net operating<br />
losses and other tax attributes, and consolidated return matters.<br />
Joe is the former council director for the American Bar Association <strong>Tax</strong> Section’s<br />
corporate tax committee, committee on affiliated and related corporations, and<br />
bankruptcy and workouts committee, an adjunct faculty member at the Georgetown<br />
University Law Center, and the former chair of the American Bar Association <strong>Tax</strong><br />
Section’s committee on affiliated and related corporations and its subcommittee on<br />
consolidated returns. In addition, Joe is on the advisory boards of the New York<br />
University Institute on Federal <strong>Tax</strong>ation, the Federal Bar Association, and the National<br />
Foreign Trade Council, Inc. He is on the editorial advisory boards of Corporate <strong>Tax</strong>ation<br />
and Corporate Business <strong>Tax</strong>ation Monthly, was the co-chair of the 1998-2004 Federal Bar<br />
Association Domestic Corporate <strong>Tax</strong> Symposia, and is a frequent speaker on tax issues<br />
relating to mergers and acquisitions, spin-offs and other divestiture strategies, corporate<br />
tax planning, workouts, and consolidated return matters. Joe has also been selected for<br />
inclusion in Chambers Global’s The World’s Leading Lawyers and The Best Lawyers in<br />
America 2006, as a leader in the field of tax law.<br />
Joe received his LLM (taxation) from the New York University School of Law, his JD,<br />
magna cum laude, from Boston College Law School, and his BS, cum laude, from<br />
Providence College. He is admitted to practise in the District of Columbia,<br />
Massachusetts, New York, Rhode Island, and at the United States <strong>Tax</strong> Court.<br />
296 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Lawrence A Pollack<br />
KPMG LLP<br />
345 Park Avenue<br />
New York, NY 10154-0102<br />
US<br />
Tel: (1) 212 872 6840<br />
Email: lpollack@kpmg.com<br />
Website: www.kpmg.com<br />
Lawrence A Pollack has been a partner at KPMG (US) in New York since 1993. Mr<br />
Pollack is an international tax partner and specializes in all aspects of corporate<br />
international taxation, including foreign tax credits, corporate reorganizations, Subpart F,<br />
passive foreign investment companies, income tax treaties, and global tax planning.<br />
He was the primary drafter of KPMG’s Permanent Establishment Exposure Review Checklist.<br />
International <strong>Tax</strong> Review rates him among the leading US international tax advisers on the<br />
east coast.<br />
Mr Pollack is a frequent speaker at New York University’s Institute on International<br />
<strong>Tax</strong>ation, the NYU Law School/KPMG <strong>Tax</strong> Lecture Series, the European-American <strong>Tax</strong><br />
Institute, the Council for International <strong>Tax</strong> Education, <strong>Tax</strong> Executives Institute, New<br />
York State Society of CPAs and other international tax symposiums on a variety of<br />
international tax topics.<br />
Articles he has written include:<br />
• “Earnings Stripping: The Proposed Regulations” The CPA Journal, October 1992;<br />
• “RRA ‘93 Tightens Earnings Stripping Provisions” The Journal of International<br />
<strong>Tax</strong>ation, July 1994;<br />
• “Individual Investors in CFCs May Benefit From Electing to Be <strong>Tax</strong>ed as<br />
Corporations” Journal of <strong>Tax</strong>ation, August 1994;<br />
• “<strong>Tax</strong> Court’s Taisei Case Sheds Light on the Definition of Permanent Establishment”<br />
The <strong>Tax</strong> Adviser, January 1996;<br />
• “Foreign Source <strong>Tax</strong>able Income, Foreign <strong>Tax</strong>es and Foreign <strong>Tax</strong> Credits of US<br />
Corporations” Warren Gorham & Lamont, US <strong>Tax</strong> Planning for International<br />
Operations;<br />
• “Analysis of the New US-Luxembourg Income <strong>Tax</strong> Treaty,” <strong>Tax</strong> Management<br />
International Journal, July 1996, co-authored;<br />
• “Last-Minute Changes and Technical Explanation Highlight Latest Developments on<br />
Pending US/Luxembourg Income <strong>Tax</strong> Treaty” <strong>Tax</strong> Management International Journal,<br />
December 1996, co-authored;<br />
• “Analysis of the New US-Switzerland Income <strong>Tax</strong> Treaty” <strong>Tax</strong> Management<br />
International Journal, February 1997, co-authored;<br />
• “US Planning for ACT – Part One – Focus on UK perspective” International <strong>Tax</strong><br />
Review, September 1998, co-authored;<br />
• “US Planning for ACT – Part Two, Focus on US perspective” International <strong>Tax</strong> Review,<br />
October 1998, co-authored; and<br />
• US <strong>Tax</strong>ation of Foreign Controlled Businesses, Warren Gorham & Lamont treatise, coauthored<br />
chapter 3, “<strong>Tax</strong> Treaties”.<br />
Mr Pollack is an active member of the International <strong>Tax</strong> Institute (director), the New York<br />
State Society of Certified Public Accountants (International <strong>Tax</strong> Committee) and the<br />
New York State Bar Association.<br />
He is editor of the CPA Journal’s international taxation column and member of the CPA<br />
Journal’s editorial board.<br />
He holds a JD from St John’s University School of Law (1982) and an LLM in taxation<br />
from the New York University School of Law (1988).<br />
297
United States<br />
Martin D Pollack<br />
Weil, Gotshal & Manges LLP<br />
767 Fifth Avenue<br />
New York, NY 10153<br />
US<br />
Tel: (1) 212 310 8461<br />
Fax: (1) 212 310 8007<br />
Email: martin.pollack@weil.com<br />
Website: www.weil.com<br />
Martin D Pollack is one of the two chairmen of the firm’s Global <strong>Tax</strong> practice and is<br />
nationally recognized in federal income tax matters. He has extensive experience in the<br />
structuring and documentation of private equity and merger and acquisition<br />
transactions and he regularly advises clients on the formation and operation of private<br />
equity funds and other investment vehicles. His practice also involves the tax aspects<br />
of bankruptcy and insolvency, leasing transactions, and planning for technology<br />
intensive enterprises.<br />
Mr Pollack is a frequent lecturer at tax seminars and the author of numerous articles<br />
on federal income tax issues. He is the co-author of a treatise published by Little<br />
Brown, analyzing the federal income, estate, gift and other transfer tax consequences<br />
of partnership buy/sell agreements.<br />
He has served as an adjunct associate professor of tax law at the New York University<br />
School of Law; he is a member of the advisory boards of <strong>Tax</strong> Management and the<br />
Equipment Leasing Newsletter; and he is a subcommittee chair in the Partnerships and<br />
LLCs Committee of the American Bar Association tax section.<br />
Mr Pollack was named as one of the New York area’s best lawyers in the July 3 2006<br />
issue of New York magazine. He was also selected for inclusion in the 2006 and 2007<br />
editions of The Best Lawyers in America. He is listed as highly recommended for tax law<br />
by PLC Which Lawyer? Yearbook 2006 and is recognized as a leading tax lawyer by<br />
Chambers USA 2006 America’s Leading Business Lawyers. Mr Pollack was also named to<br />
the 2006 list of New York Super Lawyers.<br />
Mr Pollack is a graduate of the University of Pennsylvania Law School (1976), where<br />
he served on the board of officers of the University of Pennsylvania Law Review, the<br />
Johns Hopkins University, where he earned a BA (1973) and a graduate degree in<br />
economics (1973), and the New York University School of Law, where he earned a<br />
graduate degree in taxation (1979). He joined the firm in 1976.<br />
298 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Walter T Raineri<br />
Fenwick & West LLP<br />
Silicon Valley Center<br />
801 California Street<br />
Mountain View, CA 94041<br />
US<br />
Tel: (1) 650 335 7264<br />
Fax: (1) 650 919 0942<br />
Email: wraineri@fenwick.com<br />
Website: www.fenwick.com<br />
Mr Raineri is a partner in the tax group of Fenwick & West, a full-service law firm<br />
specializing in high technology and sophisticated tax matters. Fenwick & West has<br />
offices in Mountain View and San Francisco, California. The firm’s clients are located<br />
throughout the United States and around the world.<br />
Mr Raineri’s practice focuses on handling sophisticated tax planning and compliance<br />
issues with regard to domestic and multinational corporate taxation matters. He has<br />
been named one of the outstanding tax lawyers in the US by a variety of national and<br />
international publications, including, International <strong>Tax</strong> Review’s Best <strong>Tax</strong> Lawyers,<br />
Euromoney’s Guide to Leading US <strong>Tax</strong> Lawyers, Euromoney’s Guide to Leading Transfer<br />
Pricing Lawyers, San Jose Magazine’s Best Lawyers, and American Lawyer’s Best of the Best,<br />
among others. He has extensive experience with large domestic and international<br />
merger, reorganization and joint-venture transactions, as well as with planning to<br />
optimize foreign tax credit, Subpart F, and other pure international tax issues. He also<br />
has extensive experience handling tax controversy matters associated with the IRS.<br />
Mr Raineri has been an assistant adjunct professor at Golden Gate University, School<br />
of Law/Graduate School of <strong>Tax</strong>ation in San Francisco/Los Altos/San Jose, where he<br />
lectured in advanced corporate (mergers and acquisitions and consolidated returns)<br />
and international taxation. He has chaired advanced corporate and international tax<br />
programmes and seminars for New York University, the <strong>Tax</strong> Executives Institute, the<br />
International Bar Association, the International Fiscal Association and other national<br />
and international organizations. He has published a number of articles on domestic<br />
and international taxation issues in a variety of national and international publications.<br />
Mr Raineri received his Juris Doctor degree from Georgetown University (cum laude,<br />
1987), and his Bachelor of Science degree in business administration from the<br />
University of California at Berkeley (summa cum laude, 1982). Mr Raineri is admitted<br />
to practise before the US Supreme Court, Ninth and Federal Circuit Courts of<br />
Appeals, US Court of Claims, federal district courts in several locations, California<br />
Supreme Court and the US <strong>Tax</strong> Court. He is a member of the California Bar and is a<br />
certified public accountant (CPA) in California.<br />
299
United States<br />
Keith Reams<br />
<strong>Deloitte</strong><br />
50 Fremont Street, Suite 3100<br />
San Francisco, CA 94105-2230<br />
US<br />
Tel: (1) 415 783 6088<br />
Fax: (1) 415 783 8574<br />
Email: kreams@deloitte.com<br />
Website: www.deloitte.com<br />
Keith Reams is the lead economist for the western region and a client services principal<br />
in the international economic consulting practice of <strong>Deloitte</strong>’s global transfer-pricing<br />
group. Mr Reams is also a member of <strong>Deloitte</strong>’s global executive technology, media and<br />
telecommunications industry tax management team as the global leader for transfer<br />
pricing. In this capacity, he works extensively with large multinational companies in a<br />
wide variety of industries on major business enterprise restructurings and global tax<br />
optimization projects.<br />
Mr Reams has over two decades of extensive experience in the area of economic<br />
consulting in connection with mergers and acquisitions, highly complex international tax<br />
planning, supply chain realignment, as well as controversy management and dispute<br />
resolution. He has advised many large multinational companies in a variety of industries,<br />
including many companies engaged in the research and development, manufacture and<br />
marketing of innovative and cutting-edge high technology and communication products<br />
and services. His expert reports have been translated into several foreign languages and<br />
used many times for tax and other purposes all around the world.<br />
Mr Reams has testified as a qualified expert in numerous valuation and transfer-pricing<br />
disputes, including testifying before the US <strong>Tax</strong> Court in the cases of DHL Corp v<br />
Commissioner and Nestle Holdings Inc v Commissioner. He is one of only three economists<br />
in the US approved by the New York State Department of <strong>Tax</strong>ation and Finance to<br />
provide transfer-pricing expertise and testimony in cases involving cross-border transactions<br />
within commonly controlled affiliated groups. He has also helped many clients<br />
to successfully resolve valuation and transfer-pricing disputes before they reach trial.<br />
Mr Reams has authored numerous articles, lectured on international tax and valuation<br />
planning issues, and commented and testified on emerging tax regulatory issues. He<br />
holds a BS in chemical engineering from Stanford University, an MA in economics<br />
from California State University, Sacramento, and has completed course requirements<br />
for a PhD in international finance at New York University.<br />
300 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Ronald D Saake<br />
<strong>Deloitte</strong> <strong>Tax</strong> LLP<br />
50 Fremont St # 31<br />
San Francisco, CA 94105<br />
US<br />
Tel: (1) 415 783 6589; (1) 415 250 6757 (cell)<br />
Fax: (1) 415 783 8603<br />
Email: rsaake@deloitte.com<br />
Website: www.deloitte.com<br />
Ron Saake is an international tax partner with <strong>Deloitte</strong> in San Francisco and San Jose.<br />
He is currently the partner in charge of <strong>Deloitte</strong>’s international tax practice in the Bay<br />
Area and the Pacific Northwest. Ron has been a tax practitioner since 1986 and<br />
became a partner with another international accounting firm in 1996. He has worked<br />
in the international tax area his entire career.<br />
Ron works with both public and private companies in structuring new international<br />
operations and in optimizing existing operations. He has significant experience in<br />
helping clients move intangible assets offshore in order to optimize their worldwide<br />
tax position and to minimize their worldwide effective tax rate. Ron has deep expertise<br />
in tax accounting matters (FAS 109), mergers and acquisitions, foreign tax credit<br />
planning, and other tax areas. He is a frequent speaker on international tax matters,<br />
involved with groups such as Atlas, the Council of International <strong>Tax</strong> Executives and<br />
the <strong>Tax</strong> Executives Institute.<br />
Ron graduated from the University of California at Berkeley with an MBA in 1985 and<br />
from the University of California at Riverside with a BS in administrative studies in<br />
1982. He is a California CPA.<br />
301
United States<br />
Ronald B Schrotenboer<br />
Fenwick & West LLP<br />
Silicon Valley Center<br />
801 California Street<br />
Mountain View, CA 94041<br />
US<br />
Tel: (1) 650 335 7207<br />
Fax: (1) 650 938 5200<br />
Email: rschrotenboer@fenwick.com<br />
Website: www.fenwick.com<br />
Ronald B Schrotenboer is a partner at Fenwick & West, practising in the area of taxation.<br />
Mr Schrotenboer practises in the firm’s Mountain View office. His practice includes both<br />
domestic and international federal income tax as well as state income and sales tax. A<br />
significant part of his practice includes tax planning for pending transactions. He<br />
represents both US-based companies in domestic and international transactions, as well<br />
as foreign-based companies with operations in the US. He also has been and is currently<br />
involved with many IRS and state income tax audits, appeals and tax court cases, including<br />
Chapter 482 transfer-pricing cases.<br />
His published decisions include Xilinx Inc v Commissioner, 125 TC No 4 (2005), stock<br />
option amounts not required to be cost shared under Chapter 482; Sun Microsystems v<br />
Commissioner, 69 TCM 1884 (1995), incentive stock option deduction qualifies for R & D<br />
credit; Appeal of Finnigan Corporation, CCH 401-797 (1990), throwback rule is applied on<br />
a unitary basis; Appeal of Joyce overruled; Petition of Intel Corporation, CCH 402-675 (1992),<br />
technology transfers are not subject to California sales tax.<br />
Mr Schrotenboer has written articles on various tax topics for the Journal of <strong>Tax</strong>ation, <strong>Tax</strong><br />
Notes, <strong>Tax</strong>es International, the Journal of State <strong>Tax</strong>ation and other periodicals. He has spoken<br />
for many tax groups, including the Alliance for <strong>Tax</strong> Legal and Accounting Seminars, The<br />
Council on International <strong>Tax</strong> Education and <strong>Tax</strong> Executives’ Institute. Mr Schrotenboer<br />
has also taught a graduate course at Golden Gate University on the taxation of high<br />
technology and a graduate course at San Jose State University on Sales <strong>Tax</strong>ation.<br />
Mr Schrotenboer received his BA degree with honors in 1977 from Calvin College in<br />
Grand Rapids, Michigan. He received his JD degree, magna cum laude, from the<br />
University of Michigan in 1980. He graduated as a member of the Order of the Coif and<br />
was an editor on the Michigan Law Review for two years.<br />
302 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Jodi J Schwartz<br />
Wachtell, Lipton, Rosen & Katz<br />
51 West 52nd Street<br />
New York, NY 10019<br />
US<br />
Tel: (1) 212 403 1212<br />
Fax: (1) 212 403 2212<br />
Email: jjschwartz@wlrk.com; vptvw.wlrk.com<br />
Website: www.wlrk.com<br />
Jodi J Schwartz specializes in the tax aspects of corporate transactions, including mergers<br />
and acquisitions, joint ventures, spin-offs and financial instruments. Ms Schwartz has<br />
been the principal tax lawyer on numerous domestic and cross-border transactions in a<br />
wide range of industries. She was elected partner in 1991.<br />
Ms Schwartz is an active member of the executive committee of the tax section of the<br />
New York State Bar Association.<br />
Ms Schwartz received her BS in economics (magna cum laude) from the University of<br />
Pennsylvania in 1981, her MBA from the University of Pennsylvania (Wharton School)<br />
in 1984, her JD (magna cum laude) from the University of Pennsylvania Law School in<br />
1984, and her LLM in taxation from the New York University Law School in 1987.<br />
303
United States<br />
Alan M Shapiro<br />
<strong>Deloitte</strong> <strong>Tax</strong> LLP<br />
111 S Wacker Drive<br />
Chicago, IL 60606-7002<br />
US<br />
Tel: (1) 312 486 9112<br />
Fax: (1) 202 638 7313<br />
Email: ashapiro@deloitte.com<br />
Website: www.deloitte.com<br />
Alan Shapiro is a partner in the Chicago office of <strong>Deloitte</strong> and a member of the national<br />
transfer-pricing team. He works with the firm’s largest US and non-US multinational<br />
companies to develop and implement transfer-pricing strategies. He has over 30 years<br />
of experience, of which the last 20 have been devoted to specializing in the full range of<br />
transfer-pricing issues.<br />
Mr Shapiro is one of the firm’s leading experts on the cross-border taxation of<br />
intangible property, including the development of transfer-pricing regimes that focus<br />
on minimizing the worldwide tax imposed on intangible property. He has represented<br />
clients in controversies with the Internal Revenue Service (IRS) and in competent<br />
authority proceedings between the US and foreign tax authorities. His industry<br />
experience includes automotive, pharmaceuticals, electronic components, high tech,<br />
software and consumer products.<br />
Mr Shapiro is widely quoted on transfer-pricing topics in BNA’s Daily <strong>Tax</strong> Report and<br />
Transfer Pricing Report, and he has been recognized by Euromoney as one of the leading<br />
transfer-pricing specialists in the world. He has authored or co-authored numerous<br />
articles on transfer pricing, including: “New Services and Intangible Regulations: IRS<br />
Changes the Mix” 15 BNA Transfer Pricing Report 308 (August 16 2006); “Proposed<br />
Cost Sharing Regulations: Are They a Realistic Alternative?” 109 <strong>Tax</strong> Notes 239<br />
(October 10 2005); several chapters for Intellectual Property (International <strong>Tax</strong> Review’s<br />
<strong>Tax</strong> Reference Library 12, 2003); “Proposed Cost Sharing Stock Option Regulations”<br />
<strong>Tax</strong> Planning International: Transfer Pricing (February 2003); “Proposed Rev Proc 65-17:<br />
Update Raises Many Issues” BNA Transfer Pricing Report (January 13 1999); “Planning<br />
Opportunities Under the Final US Cost-Sharing Regulations” IBFD International<br />
Transfer Pricing Journal (March/April 1998); and “Lost in Cyberspace: Transfer Pricing<br />
Aspects of Proposed §861 Computer Software Regulations” BNA Transfer Pricing<br />
Report (December 12 1996).<br />
Mr Shapiro holds an LLM (tax) and a JD from Georgetown University Law School,<br />
and an MA (economics) and a BS (business administration) from Boston University. Mr<br />
Shapiro is a member of the Bar of the State of Pennsylvania and is a certified public<br />
accountant.<br />
304 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Abraham N M Shashy<br />
Dewey Ballantine LLP<br />
1775 Pennsylvania Avenue NW<br />
Washington, DC 20006-4605<br />
US<br />
Tel: (1) 202 862 4567<br />
Fax: (1) 202 862 1093<br />
Email: ashashy@deweyballantine.com<br />
Website: www.deweyballantine.com<br />
Hap Shashy is a partner in the Washington DC office of Dewey Ballantine. His practice<br />
includes transactional tax planning for, and tax controversy representation of,<br />
multinational corporations in a variety of domestic and international contexts. Those<br />
contexts include partnerships and joint ventures, capital market and finance<br />
transactions, business combinations and reorganizations, and mergers and acquisitions.<br />
Mr Shashy’s clients comprise companies from the energy, finance, technology,<br />
telecommunications, media, real estate and industrial sectors. He has been selected for<br />
inclusion in The Best Lawyers in America 2006 as a leader in tax law.<br />
In addition to his career in private practice, Mr Shashy served as chief counsel for the<br />
Internal Revenue Service from February 1990 to January 1993.<br />
Mr Shashy received his LLM degree in taxation from New York University School of<br />
Law in 1975, where he was managing editor of the <strong>Tax</strong> Law Review, and a JD degree<br />
from the University of Florida School of Law in 1973, where he was a member of the<br />
University of Florida Law Review, and received the Order of the Coif.<br />
305
United States<br />
Stanley G Sherwood<br />
Sherwood Associates<br />
445 Park Avenue, 9th Floor<br />
New York, NY 10022<br />
US<br />
Tel: (1) 212 644 1429; 501 3883<br />
Fax: (1) 212 980 9357<br />
Email: info@sherwoodlaw.com<br />
Website: www.sherwoodlaw.com<br />
Stan Sherwood is an international tax attorney, certified public accountant and transfer<br />
pricing adviser. Until January 2000, he was an international tax and legal partner at<br />
PricewaterhouseCoopers in New York for 19 years.<br />
In 2000, Mr Sherwood established Sherwood Associates to provide international tax and<br />
financial and business consulting services to multinational businesses and investors on<br />
cross-border transactions including: transfer pricing planning and documentation;<br />
mergers and acquisitions; structuring international affiliates; integrating acquired<br />
companies; capitalization and financing; forming US holding companies; structuring<br />
trading companies; foreign investment in the US, including real estate; foreign country<br />
tax reduction and foreign tax credit planning; tax treaty planning; transfers of intellectual<br />
property; joint ventures; management of IRS audits and foreign country tax controversies;<br />
development of transfer-pricing policies; related-party contracts; cost sharing; competent<br />
authority and APAs; and global e-commerce planning.<br />
Mr Sherwood has experience in numerous industries and has advised senior management<br />
of a large number of multinational companies as well as emerging international<br />
companies. He has also been involved with many matters involving transfer pricing in the<br />
context of US state and local taxation, including intangible holding companies.<br />
Mr Sherwood advises high-net-worth international families with respect to the taxation<br />
and holding of US assets. This includes advice with respect to the maintenance of nonresidency<br />
status.<br />
Mr Sherwood is a frequent speaker on international tax and business subjects and the<br />
author of numerous articles. Mr Sherwood is the author of BNA’s <strong>Tax</strong> Management<br />
Portfolio “Transfer Pricing: Records and Information”. In 1996, he was a national<br />
reporter for the International Fiscal Association (IFA). He is a board member of the<br />
International <strong>Tax</strong> Institute and past chairman of the New York State Society of CPAs,<br />
International <strong>Tax</strong> Committee. He has served as an expert witness in tax cases involving<br />
transfer pricing and has been a consultant to the Chinese State Administration of<br />
<strong>Tax</strong>ation, Beijing.<br />
He obtained his LLM from New York University Graduate School of Law, his law<br />
degree from Suffolk University Law School and is an adjunct professor at Fordham<br />
University’s Graduate School of Business.<br />
In 2001 Mr Sherwood was listed in the Mondaq.com Guide to the World’s Leading <strong>Tax</strong><br />
Lawyers and in Legal Media Group’s Guide to World’s Leading Transfer Pricing <strong>Advisers</strong>.<br />
In 2006, he was listed in Legal Media Group’s The Best of the Best.<br />
306 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Richard W Skillman<br />
Caplin & Drysdale<br />
One Thomas Circle, NW<br />
Washington, DC 20005<br />
US<br />
Tel: (1) 202 862 5034<br />
Fax: (1) 202 429 3301<br />
Email: rws@capdale.com<br />
Website: www.caplindrysdale.com<br />
Richard W Skillman is a member of Caplin & Drysdale’s Washington, DC office. He<br />
rejoined the firm in May 2002 after serving first as deputy chief counsel and most<br />
recently as acting chief counsel of the Internal Revenue Service.<br />
As acting chief counsel, Mr Skillman was the chief legal official of the IRS having final<br />
authority for all legal and litigating positions of the IRS and management responsibility<br />
for approximately 2500 chief counsel employees in more than 50 offices nationwide. As<br />
deputy chief counsel, he oversaw all technical divisions in the Office of Chief Counsel<br />
and had primary IRS responsibility for all tax regulations and other published guidance.<br />
During Mr Skillman’s period of government service, he was centrally involved in all<br />
significant legal developments in the IRS, including the development of regulations and<br />
other administrative actions relating to corporate tax shelters.<br />
Prior to his government experience, Mr Skillman practised tax law for 27 years at<br />
Caplin & Drysdale. His practice covered a broad cross-section of domestic and<br />
international tax issues and involved both tax planning and representation in tax<br />
controversies. His areas of tax concentration included executive compensation and<br />
other employee benefit matters, insurance companies and products, corporate tax, tax<br />
accounting, and international tax.<br />
Mr Skillman is a member of the tax sections of the ABA and of the DC Bar. He<br />
formerly taught corporate tax as an adjunct professor of law at Georgetown University<br />
Law Center and has lectured and written articles on a broad range of tax subjects.<br />
Mr Skillman holds a BA from Amherst College and a JD from New York University<br />
Law School, where he served as editor-in-chief of the NYU Law Review. After law<br />
school, he served as law clerk to Judge Gibbons of the US Court of Appeals for the<br />
Third Circuit and to Chief Justice Burger of the US Supreme Court.<br />
307
United States<br />
Manuel F Solano<br />
Ernst & Young<br />
5 Times Square<br />
New York, NY 10036<br />
US<br />
Tel: (52) 55 2122 6437 (E&Y Mexico);<br />
(1) 212 773 8114 (E&Y, New York)<br />
Fax: (1) 866 480 8869<br />
Email: manuel.solano@ey.com<br />
Website: www.ey.com<br />
Manuel is the partner in charge of Ernst & Young’s international tax services (ITS) group<br />
in Latin America and is also the tax managing partner for Ernst & Young Mexico.<br />
Manuel, a member of the American Bar Association and the New York State Bar, has<br />
extensive work experience in international tax consulting and planning matters. His<br />
experience encompasses advising multinational corporations on the tax and legal<br />
implications of cross-border acquisitions and the establishment of foreign operations<br />
in Latin America.<br />
International <strong>Tax</strong> Review has selected Manuel as one of the leading Mexican tax advisers<br />
for the past nine consecutive years. The Euromoney Legal Media Group has also<br />
identified Manuel as one of the world’s 25 leading international tax law practitioners<br />
in its guide The Best of the Best.<br />
Manuel has a BS from Youngstown State University and a JD from Georgetown<br />
University Law Center. Manuel also studied finance and economics at the Universidad<br />
Autónoma de Centro America.<br />
308 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Giovanna T Sparagna<br />
Sutherland Asbill & Brennan LLP<br />
1275 Pennsylvania Avenue, NW<br />
Washington, DC 20004<br />
US<br />
Tel: (1) 202 383 0183<br />
Fax: (1) 202 637 3593<br />
Email: giovanna.sparagna@sablaw.com<br />
Website: www.sablaw.com<br />
Giovanna Sparagna is a partner in the tax group at Sutherland Asbill & Brennan, and<br />
focuses her practice on international financing structures, cross-border mergers and<br />
acquisitions and international tax controversies (including transfer pricing).<br />
Before joining the firm, Ms Sparagna served in the office of the chief counsel to the<br />
Internal Revenue Service where she issued opinions for the government on domestic and<br />
international mergers, acquisitions and dispositions.<br />
In private practice, Ms Sparagna advises multinational corporations on cross-border<br />
transactions including planning and controversy matters involving international financing<br />
structures, mergers and acquisitions, and Subpart F issues.<br />
As a consequence of her large multinational practice, Ms Sparagna also handles transferpricing<br />
issues for Fortune 500 companies and foreign-owned clients, working closely with<br />
economic experts in tax planning (for example, establishing cost sharing and related party<br />
licensing arrangements), assessing multi-jurisdictional transfer-pricing exposure,<br />
complying with documentation requirements, and developing audit, litigation, advancepricing<br />
agreement and competent authority strategies. She has been recognized in the<br />
International <strong>Tax</strong> Review Expert Guides, including The Guide to World’s Leading <strong>Tax</strong><br />
<strong>Advisers</strong> and the World <strong>Tax</strong> Guide, and in Euromoney Institutional Investor’s World’s<br />
Leading Transfer Pricing <strong>Advisers</strong>.<br />
Ms Sparagna regularly publishes on wide variety of international subjects. Her recent<br />
publications include:<br />
• “The Administration’s Corporate <strong>Tax</strong> Shelter Proposals: What are the Limits of<br />
Appropriate <strong>Tax</strong> Planning?” 40 <strong>Tax</strong> Management International Journal (special edition,<br />
March 29 1999, S-99);<br />
• “Further IRS Guidance on the Treatment of Section 304 Related Party Sales in the<br />
International Setting” 20 <strong>Tax</strong> Management International Journal 353;<br />
• “Allocating Foreign Stock Attributes Through Partnerships Under Subpart F –<br />
Planners Beware” <strong>Tax</strong>ation of Global Transactions (Fall 2002);<br />
• “CCA Recasts Sale of Partnership Assets to Trigger Subpart F” CCH <strong>Tax</strong>ation of Global<br />
Transactions (Summer 2003);<br />
• “IRS Closes Technical Loophole to Eliminate Foreign <strong>Tax</strong> Credit Planning with<br />
Stapled Stock” CCH <strong>Tax</strong>ation of Global Transactions (Winter 2004); and<br />
• “Related Party Stock Sales: Recasting Out of Code Sec 304 Under Rev Rul 2004-83”<br />
CCH <strong>Tax</strong>ation of Global Transactions (Fall 2005).<br />
Ms Sparagna is the chair of ABA FAUST, a member of the executive council for the<br />
Lawyers’ Committee for Shakespeare Theatre and co-chair of the GW/IRS Annual<br />
Institute for International <strong>Tax</strong>ation. She is a frequent speaker for the Georgetown<br />
University American Bar Association International Fiscal Association, <strong>Tax</strong> Executive<br />
Institute, Structured Finance Institute and National Foreign Trade Counsel.<br />
Ms Sparagna is an adjunct professor of law at the Georgetown University (LLM tax<br />
programme) and frequently lectures on international strategies at conferences hosted by<br />
groups such as the America Bar Association, the International Fiscal Association, the <strong>Tax</strong><br />
Executives Institute, the Structured Finance Institute and the National Foreign Trade<br />
Council.<br />
309
United States<br />
Richard C Stark<br />
McKee Nelson LLP<br />
1919 M Street, NW<br />
Suite 200<br />
Washington, DC 20036<br />
US<br />
Tel: (1) 202 775 8673<br />
Fax: (1) 202 775 8586<br />
Email: rstark@mckeenelson.com<br />
Website: www.mckeenelson.com<br />
Mr Stark focuses on federal income tax matters. He has extensive experience in tax<br />
controversy matters, including audits, appeals, and litigation.<br />
Mr Stark began his career in private practice in Dallas, Texas in 1976, where he practised<br />
for 10 years. From 1986 to 1989, he served as assistant to the commissioner of the<br />
Internal Revenue Service. Before joining McKee Nelson, he was a partner in the<br />
Washington DC office of Miller & Chevalier.<br />
Mr Stark is a past chair of the <strong>Tax</strong>ation Section of the District of Columbia Bar<br />
Association, and of the ABA Section of <strong>Tax</strong>ation’s Administrative Practice Committee.<br />
He is a Fellow of the American College of <strong>Tax</strong> Counsel.<br />
Mr Stark received a JD, with first honours, from the Vanderbilt University School of<br />
Law in 1976, where he served as special projects editor for the Vanderbilt Law Review. He<br />
is a member of the Order of the Coif and Phi Beta Kappa.<br />
Representative cases in which Mr Stark was either counsel of record or a principal<br />
participant include:<br />
• The Dow Chemical Company v United States, 250 F Supp 2d 748, modified by 278 F<br />
Supp 2d 844 (ED Mich 2003) (on appeal);<br />
• GlaxoSmithKline Holdings Inc v Commissioner, 117 TC 1 (2001) (perpetuation of<br />
testimony in transfer-pricing dispute);<br />
• American States Insurance Co v Bower, Dkt 01-L-50940 (Ill App, appeal pending)<br />
(characterization of § 338 (h) (10) gain as non-business income);<br />
• Peerless Industries v United States, 94-1 USTC 50,043 (ED Pa), aff’d per curiam, 37<br />
F3d 1488 (3d Cir 1994) (business purpose doctrine);<br />
• Mobil Exploration & Producing North America, Inc v United States, 27 Fed Cl 463 (1993)<br />
(windfall profit tax); and<br />
• Woods Investment Co v Commissioner, 85 TC 274 (1985), acq 1986-2 CB 1 (consolidated<br />
returns).<br />
310 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Steven Surdell<br />
Ernst & Young LLP<br />
Sears Tower, 233 S Wacker Drive<br />
17th floor<br />
Chicago, IL 60606<br />
US<br />
Tel: (1) 312 879 4123<br />
Fax: (1) 312 879 4028<br />
Email: steven.surdell@ey.com<br />
Website: www.ey.com<br />
Steven Surdell is a partner in the national office of the accounting firm of Ernst & Young<br />
LLP. He concentrates on Federal income tax matters with a special emphasis on the<br />
taxation of complex cross-border financial transactions, international tax planning,<br />
derivative financial instruments, and cross-border merger and acquisition transactions.<br />
Mr Surdell has been a tax adviser to large public corporations on a number of big public<br />
M&A and financing transactions over the past few years.<br />
Mr Surdell is also a frequent speaker before a variety of tax organizations including the<br />
American Bar Association, the <strong>Tax</strong> Executives Institute, the International Fiscal<br />
Association, Risk Training Courses, the Council for International <strong>Tax</strong> Education, and<br />
the Structured Finance Institute, among others.<br />
Mr. Surdell was named as one of the world’s leading international tax advisers by<br />
Euromoney Magazine from 1999 through 2006. In 1998, Mr Surdell was named as one of<br />
the top tax advisers in North America by International <strong>Tax</strong> Review. Mr Surdell is an<br />
honours graduate of St Ambrose College and the University of Notre Dame Law School<br />
where he was an editor of the Law Journal. He has also done work on his MBA at the JL<br />
Kellogg School at Northwestern University and is a certified public accountant. Mr<br />
Surdell is also an adjunct Professor of Law at Northwestern University Law School<br />
where he teaches a course on advanced international transaction. He was admitted to the<br />
practice by the Illinois Bar (1985). Mr Surdell is on the Editorial Advisory Board of the<br />
Derivatives Report, the Capital Markets editor of the Journal of Financial Products, and a<br />
member of the Advisory Board of the Journal of <strong>Tax</strong>ation of Global Transactions.<br />
311
United States<br />
Edward Tanenbaum<br />
Alston & Bird LLP<br />
90 Park Avenue<br />
New York, NY 10016<br />
US<br />
Tel: (1) 212 210 9425<br />
Fax: (1) 212 210 9444<br />
Email: edward.tanenbaum@alston.com<br />
Website: www.alston.com<br />
Edward Tanenbaum is chair of the firm’s International <strong>Tax</strong> Group and a member of its<br />
Federal Income <strong>Tax</strong> Group. His practice is concentrated on domestic and cross-border<br />
mergers and acquisitions and business transactions. Mr Tanenbaum’s practice consists<br />
primarily of planning and structuring for US investments by foreign multinational<br />
corporations and high net worth individuals.<br />
Mr Tanenbaum has worked on numerous international joint ventures and acquisitions<br />
involving cross-border spin-offs and ‘basis’ step-up elections. He has also structured a<br />
cross-border sale/leaseback transaction involving different accounting and tax treatment<br />
in the US and Germany.<br />
Mr Tanenbaum has made significant contributions in the drafting of recently<br />
promulgated tax regulations affecting withholding taxes on payments of US income to<br />
non-resident aliens and foreign corporations and has been instrumental in the creation<br />
of the new IRS Qualified Intermediary regime applicable to foreign financial<br />
institutions. He has also secured a favourable Article 26(7) (treaty shopping) tax ruling<br />
under the former US-Netherlands Income <strong>Tax</strong> Treaty valued in millions of dollars.<br />
Mr Tanenbaum is a frequent lecturer on a variety of international tax issues and is the<br />
author of a number of publications. He has spoken on the topics of international tax<br />
withholding, treaty eligibility, limited liability companies and hybrid entities, business<br />
organizations used in cross-border transactions, branch level taxes and foreign controlled<br />
US corporations. Also, he has spoken before numerous professional organizations,<br />
including the International Fiscal Association, Bank <strong>Tax</strong> Institute, International <strong>Tax</strong><br />
Institute, American Bar Association, and New York State Bar Association. He has written<br />
numerous publications relating to international tax matters on topics such as withholding<br />
taxes, transfer pricing and effectively connected income of foreign corporations.<br />
Mr Tanenbaum is on the National Council of the International Fiscal Association and is<br />
the vice-chair of the committee on US activities of Foreign <strong>Tax</strong>payers and <strong>Tax</strong> Treaties<br />
of the <strong>Tax</strong> Section of the American Bar Association. He is a director and past president<br />
of the International <strong>Tax</strong> Institute and is a member of the <strong>Tax</strong> Section of the American<br />
Bar Association, the New York State Bar Association and the Association of the Bar of<br />
the City of New York.<br />
Mr Tanenbaum received his LLM degree in <strong>Tax</strong>ation from New York University School<br />
of Law in 1980, and his JD degree from Fordham University School of Law in 1974 and<br />
his BA degree, magna cum laude, from Queens College and the City University of New<br />
York in 1971. He is admitted to practise in the State of New York and in the US <strong>Tax</strong><br />
Court.<br />
312 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Leonard B Terr<br />
Baker & McKenzie LLP<br />
815 Connecticut Avenue, NW<br />
Washington, DC 20006-4078<br />
US<br />
Tel: (1) 202 452 7087<br />
Fax: (1) 202 835 1889<br />
Email: leonard.b.terr@bakernet.com<br />
Website: www.bakernet.com<br />
Leonard B Terr is a partner in the Washington DC office of Baker & McKenzie. His<br />
practice focuses on domestic and international taxation of multinational corporations,<br />
with emphasis on international tax planning, transfer pricing, and tax controversies. Mr<br />
Terr has over 25 years of experience representing US-based and foreign-based<br />
multinationals, foreign governments, international organizations and trade associations<br />
in all phases of international tax practice.<br />
Representative client matters include planning, obtaining rulings on, and<br />
implementing, multi-country restructurings, mergers and acquisitions, divestitures<br />
and joint ventures, global supply chain and business model reorganizations, postmerger<br />
integration and other international transactions. Typically his clients are<br />
companies in the automobile, aerospace, consumer products, electronics, insurance,<br />
natural resources, pharmaceutical, services, telecommunications and other industries.<br />
Mr Terr’s practice also includes securing bilateral and multilateral advance pricing<br />
agreements; interacting with tax treaty negotiators to obtain favorable provisions in<br />
pending new treaties and protocols on behalf of companies and industry groups;<br />
testifying on proposed international tax regulations; achieving favorable settlements of<br />
tax cases involving a wide variety of issues; and obtaining favorable competent<br />
authority and other agreements in tax controversies involving most major European,<br />
Asia-Pacific, Latin and North American jurisdictions.<br />
Mr Terr has served as a consultant on the American Law Institute project on tax<br />
treaties, and as a current or former editorial board member on <strong>Tax</strong> Notes International,<br />
<strong>Tax</strong> Management International Journal, The Journal of Corporate <strong>Tax</strong>ation, and Hartford<br />
Institute on Insurance <strong>Tax</strong>ation. Mr Terr currently serves on Baker & McKenzie’s North<br />
American tax practice group management committee. He is a member of the<br />
International Fiscal Association, sits on the IFA-USA council, and was US National<br />
Reporter. He sits on the American Bar Association tax section’s Foreign Activities of<br />
US <strong>Tax</strong>payers Committee, has served as chairman of the Section 367 sub-committee<br />
and currently chairs the Source sub-committee. Mr Terr serves on the tax section’s task<br />
force on Global <strong>Tax</strong> Policy. He has chaired the Washington International <strong>Tax</strong> Study<br />
Group since 1990.<br />
Mr Terr served as international tax counsel of the US Treasury Department from 1987<br />
to 1989. He headed the US delegation in the negotiation of the current US-Germany<br />
tax treaty, in addition to over a dozen other US tax treaties and protocols. He directed<br />
the treasury’s work on international tax legislation and regulations, the transfer pricing<br />
White Paper and other US and OECD international tax policy initiatives. He<br />
previously served as law clerk to Chief Judge Wilson Cowen of the US Court of<br />
Appeals for the Federal Circuit. He is currently adjunct professor of international tax<br />
law at the Georgetown University Law Center.<br />
Mr Terr holds an AB from LaSalle College, an AM and PhD from Brown University<br />
and a JD from Cornell University.<br />
313
United States<br />
Richard E Timbie<br />
Caplin & Drysdale<br />
One Thomas Circle, NW<br />
Washington, DC 20005<br />
US<br />
Tel: (1) 202 862 5042<br />
Fax: (1) 202 429 3301<br />
Email: ret@capdale.com<br />
Website: www.caplindrysdale.com<br />
Richard Timbie is a member of Caplin & Drysdale, Chartered, a 50-attorney tax and<br />
litigation firm in Washington, DC. Mr Timbie’s practice consists primarily of<br />
representing domestic and foreign clients in controversies relating to United States<br />
taxation. He has more than 30 years of experience resolving Internal Revenue Service<br />
audits, administrative appeals, and tax collection disputes. His practice focuses<br />
primarily on large cases that are procedurally and technically complex. He has litigated<br />
tax cases in the US <strong>Tax</strong> Court and has represented clients in IRS summons<br />
enforcement proceedings, tax collection lawsuits, and tax fraud prosecutions in federal<br />
courts.<br />
Mr Timbie is a frequent lecturer on tax procedure and international tax topics. He has<br />
taught as an adjunct professor in the Georgetown University Law Center masters in<br />
taxation programme and has served on the board of advisers of the New York<br />
University Institute on Federal <strong>Tax</strong>ation.<br />
314 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
T Timothy Tuerff<br />
<strong>Deloitte</strong> <strong>Tax</strong> LLP<br />
555 12th St NW # 500<br />
Washington, DC 20004<br />
US<br />
Tel: (1) 202 378 5223<br />
Fax: (1) 202 661 1934<br />
Email: ttuerff@deloitte.com<br />
Website: www.deloitte.com<br />
T Timothy Tuerff is an international tax partner in <strong>Deloitte</strong> <strong>Tax</strong>’s Washington national<br />
office, serving US-based multinational clients involved in cross-border transactions.<br />
His practice involves consulting related to the structuring of international business<br />
operations, mergers and acquisitions, financing international operations, repatriation<br />
and utilization of foreign tax credits.<br />
Mr Tuerff formerly served as special assistant to the chief counsel and special assistant<br />
to the associate chief counsel (international) of the Internal Revenue Service. He is a<br />
frequent contributor to tax periodicals, including <strong>Tax</strong> Notes and <strong>Tax</strong> Notes International,<br />
the Practicing Law Institute journal, <strong>Tax</strong> Planning for Domestic & Foreign Partnerships,<br />
LLCs, Joint Ventures & Other Strategic Alliances, and the American Bar Association’s<br />
International Franchising Journal.<br />
Mr Tuerff is a graduate of Indiana University School of Law and School of Business.<br />
He is a member of the American Bar Association and the District of Columbia Bar<br />
Association and is also a District of Columbia certified public accountant.<br />
315
United States<br />
Karl T Walli<br />
Weil, Gotshal & Manges LLP<br />
1501 K Street NW<br />
Suite 100<br />
Washington, DC 20005<br />
US<br />
Tel: (1) 202 682 7177<br />
Fax: (1) 202 857 0940<br />
Email: karl.walli@weil.com<br />
Website: www.weil.com<br />
Karl Walli joined Weil, Gotshal & Manges’ Washington office in November 1996, after<br />
almost 10 years with the Internal Revenue Service and the US Treasury Department.<br />
While in the government, Mr Walli worked primarily in the areas of banking and<br />
financial products, participating in the development of both domestic and international<br />
cases and issues. The taxation of derivative financial products was one of his primary areas<br />
of interest and expertise. He is one of the principal authors of the income tax regulations<br />
on notional principal contracts (§ 1.446-3), was the reviewer on the interest allocation<br />
regulations for foreign corporations (§ 1.882-5), and was a member of the original team<br />
that developed the global dealing regulations. In addition to his work on the global<br />
dealing regulations, Mr Walli worked closely with members of the Internal Revenue<br />
Service’s advance pricing agreement programme, serving as technical advisor for APAs<br />
pertaining to dealers in financial products.<br />
At Weil Gotshal, Mr Walli has worked on a wide variety of domestic and cross-border<br />
transactions, including structured debt instruments, convertible debt and equity, and<br />
derivative financial instruments. He has advised both financial service entities and end<br />
users on tax-advantaged methods for structuring and employing financial instruments,<br />
with an emphasis on cross-border tax arbitrage transactions and tax-efficient hedging<br />
strategies. Mr Walli’s practice also includes the taxation of foreign entities and<br />
investments in the US.<br />
Mr Walli received his BA from the University of Tennessee, a JD from the University of<br />
North Carolina, and a master’s in law and taxation from the College of William and Mary.<br />
316 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
David R Warco<br />
<strong>Deloitte</strong> <strong>Tax</strong> LLP<br />
Two World Financial Center<br />
New York, NY 10281-1414<br />
US<br />
Tel: (1) 212 436 6281<br />
Fax: (1) 212 653 6281<br />
Email: dwarco@deloitte.com<br />
Website: www.deloitte.com<br />
Dave Warco is a partner in the international tax practice of <strong>Deloitte</strong> <strong>Tax</strong>, located in the<br />
New York office. Dave has over 26 years of public accounting experience with<br />
<strong>Deloitte</strong>, seven of which involved assignments outside the US.<br />
Dave specializes in international taxation, with a focus on assisting US multinational<br />
corporations structure and manage their tax affairs for their international operations. In<br />
this regard, he has focused on international corporate mergers and acquisitions, taxefficient<br />
cross-border financing, cash repatriation techniques, and international<br />
corporate mergers and acquisitions. Dave is a specialist on FAS 109, “Accounting for<br />
Income <strong>Tax</strong>es”, and plays a national role in assisting various firm clients and <strong>Deloitte</strong><br />
client teams to deal with this accounting standard. Recently, Dave has been spending<br />
considerable time assisting large multinationals with the adoption of FIN 48,<br />
“Accounting for Uncertainty in Income <strong>Tax</strong>es”.<br />
Dave also has extensive experience in helping foreign multinationals to structure their<br />
US operations (inbound tax planning), international transfer pricing and tax treaties,<br />
as well as other areas of US and international taxation in a wide variety of industries.<br />
Dave is a frequent speaker and writer on international tax and transfer-pricing issues.<br />
He has been recognized as one of the country’s leading tax advisers by International <strong>Tax</strong><br />
Review in 2002, and in the “World’s Leading <strong>Tax</strong> Adviser Survey” published by the<br />
Legal Media Group in 2004.<br />
Dave holds a BS degree in accounting from Duquesne University and an MS in<br />
taxation from Robert Morris University. He is a certified public accountant.<br />
317
United States<br />
Gordon E Warnke<br />
Dewey Ballantine LLP<br />
1301 Avenue of the Americas<br />
New York, NY 10019<br />
US<br />
Tel: (1) 212 259 6070<br />
Fax: (1) 212 259 6333<br />
Email: gwarnke@deweyballantine.com<br />
Website: www.deweyballantine.com<br />
Gordon Warnke is a partner in the New York office of Dewey Ballantine, and is cochairman<br />
of the firm’s tax and private clients department. Mr Warnke advises<br />
corporations and other organizations, both domestic and foreign, with respect to all<br />
areas of federal income taxation, with a particular emphasis on mergers and<br />
acquisitions, spin-offs and other divisive strategies, restructurings and consolidated<br />
return matters. His practice also encompasses advising clients with respect to financial<br />
products and representing clients before the Internal Revenue Service and the courts.<br />
Mr Warnke is a former chair of the American Bar Association <strong>Tax</strong> Section’s Committee<br />
on Affiliated and Related Corporations and is currently co-chair of the Committee on<br />
Corporations of the <strong>Tax</strong> Section of the New York State Bar Association. He has authored<br />
a number of articles and papers on federal tax topics, including consolidated return and<br />
spin-off issues, and is a frequent speaker on federal tax matters.<br />
Mr Warnke received an LLB from the University of Alberta in 1981, graduating first<br />
in his class, and an SJD from Harvard University in 1984, where he wrote a doctoral<br />
dissertation on international tax matters. He has been a partner at Dewey Ballantine<br />
since 1990.<br />
318 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Thomas F Wessel<br />
KPMG<br />
2001 M Street, NW<br />
Washington, DC 20036<br />
US<br />
Tel: (1) 202 533 5700<br />
Email: twessel@kpmg.com<br />
Website: www.kpmg.com<br />
Thomas F Wessel is a principal in KPMG’s Washington National <strong>Tax</strong> corporate tax<br />
group. Mr Wessel is a former law clerk in a US district court, private attorney and official<br />
at the Internal Revenue Service and the US Treasury Department, and practices in<br />
numerous areas of federal income taxation. Mr Wessel is a member of the WNT Senior<br />
<strong>Tax</strong> Partner Advisory Committee and also serves as the <strong>Tax</strong> Advisory Principal – Large<br />
Transactions / FAS 109 where he is responsible for working with audit leadership with<br />
respect to the financial audit of large transactions from a tax perspective.<br />
Prior to joining KPMG, Mr Wessel was a founding partner of McKee Nelson, Ernst &<br />
Young LLP. Before that time, he was the lead merger & acquisition tax partner in the<br />
King & Spalding DC office. He joined KPMG in 1991. From 1990 to 1991, Mr Wessel<br />
was special counsel to the chief counsel for the Internal Revenue Service and served as<br />
the principal legal adviser to the chief counsel on the development of regulations, rulings<br />
and designated tax litigation. From 1985 to 1990, he served as Associate <strong>Tax</strong> Legislative<br />
Counsel and an Attorney-Advisor in the US Treasury Department’s Office of <strong>Tax</strong><br />
Legislative Counsel, with primary responsibility for developing corporate tax legislation<br />
and regulatory guidance. From 1980 to 1982, Mr Wessel served as a law clerk to the<br />
Honorable Jacob Mishler, US District Court for the Eastern District of New York.<br />
Mr Wessel is an active member of the ABA section of taxation where he has served as<br />
a co-chair of the Corporate <strong>Tax</strong> Subcommittee for Policy and Special Projects, the<br />
chair of the Corporate <strong>Tax</strong> Subcommittee on <strong>Tax</strong>-Free Reorganizations, chair of the<br />
Corporate <strong>Tax</strong> Subcommittee on Affiliated Group Acquisitions, and vice-chair for the<br />
Committee on Corporate <strong>Tax</strong>. He currently serves as chair of the Corporate <strong>Tax</strong><br />
Subcommittee on <strong>Tax</strong> Free Distributions. He regularly speaks on subjects in his<br />
practice areas. Mr Wessel is listed in the International Who’s Who of Corporate <strong>Tax</strong><br />
Lawyers, The Best Lawyers in America, International <strong>Tax</strong> Review’s Expert Guide to the<br />
World’s Leading <strong>Tax</strong> <strong>Advisers</strong> and The Washington DC Area’s Best Lawyers.<br />
Mr Wessel earned an LLM in taxation from the New York University School of Law<br />
in 1985. He earned his JD, cum laude, in 1980 from the New York University School<br />
of Law, where he served on the New York University Law Review and was a member of<br />
the Order of the Coif. Mr Wessel graduated, magna cum laude, in 1976 with a BSE<br />
from the University of Pennsylvania, the Wharton School, where he was elected to<br />
Beta Alpha Phi.<br />
319
United States<br />
Thomas Zollo<br />
KPMG LLP<br />
303 E Wacker Drive<br />
Chicago, IL 60601-5255<br />
US<br />
Tel: (1) 312 665 8387<br />
Email: tzollo@kpmg.com<br />
Website: www.kpmg.com<br />
Thomas Zollo is a principal in the international corporate services group in the<br />
Chicago office of KPMG LLP (US). Before joining KPMG five years ago, Tom spent<br />
16 years with a large international law firm, the last six as the senior tax partner in the<br />
firm’s New York office.<br />
Mr Zollo focuses primarily on structuring the operations of multinational<br />
corporations. He has advised clients on issues related to financing their operations,<br />
deferring recognition of their offshore income, maximizing their foreign tax credits<br />
and establishing and defending inter-company transfer prices. He has also advised<br />
clients on scores of taxable and tax-free acquisitions and dispositions.<br />
Mr Zollo has considerable experience on tax controversy matters, particularly those<br />
involving transfer pricing. He has represented taxpayers before IRS Appeals<br />
throughout the US, in the US <strong>Tax</strong> Court and in competent authority proceedings.<br />
Mr Zollo has rendered professional services for a large number of national and<br />
multinational enterprises. He has an economics degree from Columbia University,<br />
summa cum laude, and a law degree from the Harvard Law School, cum laude. He is a<br />
former adjunct professor at the DePaul University College of Law, where he taught<br />
advanced corporate reorganizations, and is a frequent speaker and writer on US<br />
federal income tax issues.<br />
320 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Bob Ackerman<br />
Ernst & Young, Washington<br />
Melvin S Adess (see bio)<br />
KPMG, Chicago<br />
Val J Albright<br />
Gardere Wynne Sewell, Dallas<br />
Donald C Alexander<br />
Akin Gump Strauss Hauer & Feld, Washington<br />
William J Amon (see bio)<br />
<strong>Deloitte</strong> <strong>Tax</strong>, Los Angeles (see advert on inside front)<br />
Tim Anson<br />
PricewaterhouseCoopers, Washington<br />
Lawrence M Axelrod (see bio)<br />
<strong>Deloitte</strong> <strong>Tax</strong>, Washington (see advert on inside front)<br />
Mike Baldasaro<br />
Ernst & Young, New York<br />
J Gregory Ballentine (see bio)<br />
The Ballentine Barbera Group, Washington (see advert on<br />
page 251)<br />
Sheldon I Banoff<br />
Katten Muchin Rosenman, Chicago<br />
Gregory L Barton<br />
Mayer Brown Rowe & Maw, Chicago<br />
Peter M Belanger<br />
PricewaterhouseCoopers, Los Angeles<br />
Herbert N Beller (see bio)<br />
Sutherland Asbill & Brennan, Washington<br />
Andrew N Berg<br />
Debevoise & Plimpton, New York<br />
Stuart M Berkson<br />
McDermott Will Emery, Chicago<br />
Kenneth K Bezozo<br />
Haynes and Boone, New York<br />
Henry J Birnkrant (see bio)<br />
Alston & Bird, Washington<br />
Kimberly S Blanchard (see bio)<br />
Weil Gotshal & Manges, New York<br />
Peter H Blessing<br />
Shearman & Sterling, New York<br />
321
United States<br />
William E Bonano<br />
Pillsbury Winthrop Shaw Pittman, San Francisco<br />
Stephen S Bowen<br />
Latham & Watkins, Chicago<br />
Peter L Briger<br />
Briger & Associates, New York<br />
David H Brockway (see bio)<br />
McKee Nelson, Washington<br />
Richard J Bronstein<br />
Paul Weiss Rifkind Wharton & Garrison, New York<br />
James R Brown<br />
Willkie Farr & Gallagher, New York<br />
Saul T Caisman<br />
KPMG, Chicago<br />
Peter C Canellos (see bio)<br />
Wachtell Lipton Rosen & Katz, New York<br />
Robert Cassanos<br />
Fried Frank Harris Shriver & Jacobson, New York<br />
William G Cavanagh<br />
Chadbourne & Parke, New York<br />
Michael P Cenko<br />
PricewaterhouseCoopers, Detroit<br />
Frederick R Chilton Jr<br />
McDermott Will Emery, Palo Alto<br />
Richard A Clark (see bio)<br />
<strong>Deloitte</strong> <strong>Tax</strong>, Washington (see advert on inside front)<br />
R Brent Clifton<br />
Locke Liddell & Sapp, Dallas<br />
Edmund S Cohen<br />
Winston & Strawn, New York<br />
N Jerold Cohen (see bio)<br />
Sutherland Asbill & Brennan, Atlanta<br />
Robert T Cole (see bio)<br />
Alston & Bird, Washington<br />
Peter J Connors (see bio)<br />
Orrick Herrington & Sutcliffe, New York<br />
Philip C Cook (see bio)<br />
Alston & Bird, Atlanta<br />
John J Creed<br />
Simpson Thacher & Bartlett, New York<br />
322 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Robert E Culbertson<br />
King & Spalding, Washington<br />
Bruce N Davis<br />
White & Case, Washington<br />
Hans de Groot<br />
Loyens & Loeff, New York<br />
Nicasio J Del Castillo<br />
PricewaterhouseCoopers, New York<br />
Samuel Dimon<br />
Davis Polk & Wardwell, New York<br />
Barry A Dinaburg<br />
Chadbourne & Parke, New York<br />
William Dodge (see bio)<br />
<strong>Deloitte</strong> <strong>Tax</strong>, Washington (see advert on inside front)<br />
Dennis B Drapkin<br />
Jones Day, Dallas<br />
H Stewart Dunn<br />
Ivins Phillips & Barker Chartered, Washington<br />
Maurice Emmer (see bio)<br />
<strong>Deloitte</strong> <strong>Tax</strong>, San Jose (see advert on inside front)<br />
Peter L Faber<br />
McDermott Will Emery, New York<br />
Patrick B Fenn<br />
Akin Gump Strauss Hauer & Feld, New York<br />
Richard M Fijolek<br />
Haynes and Boone, Dallas<br />
David L Forst (see bio)<br />
Fenwick & West, Mountain View<br />
Sam Fouad<br />
Ernst & Young, New York<br />
Paul H Frankel<br />
Morrison & Foerster, New York<br />
Louis S Freeman<br />
Skadden Arps Slate Meagher & Flom, Chicago<br />
Gary M Friedman<br />
Debevoise & Plimpton, New York<br />
James P Fuller (see bio)<br />
Fenwick & West, Mountain View<br />
Jennifer L Fuller (see bio)<br />
Fenwick & West, Mountain View<br />
323
United States<br />
James C Garahan<br />
McDermott Will Emery, Palo Alto<br />
Stephen D Gardner<br />
Cooley Godward Kronish, New York<br />
Gary J Gartner<br />
Kaye Scholer, New York<br />
Frank J Gaudio Jr<br />
PricewaterhouseCoopers, Chicago<br />
Kenneth W Gideon<br />
Skadden Arps Slate Meagher & Flom, Washington<br />
Martin D Ginsburg<br />
Fried Frank Harris Shriver & Jacobson, Washington<br />
Peter A Glicklich<br />
Davies Ward Phillips & Vineberg, New York<br />
David G Glickman<br />
Baker & McKenzie, Dallas<br />
Fred T Goldberg Jr<br />
Skadden Arps Slate Meagher & Flom, Washington<br />
Edward E Gonzalez<br />
Skadden Arps Slate Meagher & Flom, New York<br />
Stephen L Gordon<br />
Cravath Swaine & Moore, New York<br />
Alan Winston Granwell<br />
Ivins Phillips & Barker Chartered, Washington<br />
Jorge A Gross (see bio)<br />
PricewaterhouseCoopers, Miami<br />
Harry Gutman (see bio)<br />
KPMG, Washington<br />
Bruce D Haims<br />
Debevoise & Plimpton, New York<br />
Charles W Hall<br />
Fulbright & Jaworski, Houston<br />
David R Hardy<br />
McDermott Will Emery, New York<br />
Steven D Harris (see bio)<br />
KPMG, New York<br />
John Hart<br />
Simpson Thacher & Bartlett, New York<br />
Chip Harter<br />
PricewaterhouseCoopers, Washington<br />
324 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Ronald B Harvey (see bio)<br />
KPMG, New York<br />
Kenneth H Heitner (see bio)<br />
Weil Gotshal & Manges, New York<br />
Kai Hielscher (see bio)<br />
<strong>Deloitte</strong> <strong>Tax</strong>, Chicago (see advert on inside front)<br />
Robert F Hudson Jr<br />
Baker & McKenzie, Miami<br />
Milton B Hyman<br />
Irell & Manella, Los Angeles<br />
Nancy L Iredale (see bio)<br />
Paul Hastings Janofsky & Walker, Los Angeles<br />
Alan S Kaden<br />
Fried Frank Harris Shriver & Jacobson, Washington<br />
Stephen M Kadenacy (see bio)<br />
KPMG, Los Angeles<br />
C Ronald Kalteyer<br />
Locke Liddell & Sapp, Dallas<br />
Bruce Kayle<br />
Milbank Tweed Hadley & McCloy, New York<br />
Karl L Kellar<br />
Jones Day, Washington<br />
John P Kennedy (see bio)<br />
<strong>Deloitte</strong> <strong>Tax</strong>, Parsippany (see advert on inside front)<br />
Kenneth Klein<br />
Mayer Brown Rowe & Maw, Washington<br />
Edward D Kleinbard<br />
Cleary Gottlieb Steen & Hamilton, New York<br />
Peter Kloet<br />
Ernst & Young, New York<br />
Kenneth H Kral (see bio)<br />
PricewaterhouseCoopers, New York<br />
Kenneth J Krupsky<br />
Jones Day, Washington<br />
Steven R Lainoff<br />
KPMG, Washington<br />
Felix B Laughlin (see bio)<br />
Dewey Ballantine, Washington<br />
Robert C Lawrence III<br />
Cadwalader Wickersham & Taft, New York<br />
325
United States<br />
Brian E Lebowitz (see bio)<br />
Alston & Bird, Washington<br />
Richard M Leder<br />
Chadbourne & Parke, New York<br />
Marc M Levey (see bio)<br />
Baker & McKenzie, New York<br />
Jack S Levin<br />
Kirkland & Ellis, Chicago<br />
Patricia Gimbel Lewis (see bio)<br />
Caplin & Drysdale, Washington<br />
Jerome B Libin (see bio)<br />
Sutherland Asbill & Brennan, Washington<br />
Richard M Lipton<br />
Baker & McKenzie, Chicago<br />
Cym H Lowell<br />
Gardere Wynne Sewell, Dallas<br />
John B Magee (see bio)<br />
McKee Nelson, Washington<br />
Gary B Mandel<br />
Simpson Thacher & Bartlett, New York<br />
Phillip L Mann<br />
Miller & Chevalier Chartered, Washington<br />
Gregory May<br />
Freshfields Bruckhaus Deringer, Washington<br />
David J Mayo<br />
Paul Weiss Rifkind Wharton & Garrison, New York<br />
Carlyn S McCaffrey (see bio)<br />
Weil Gotshal & Manges, New York<br />
Douglas R McFadyen<br />
Shearman & Sterling, New York<br />
William S McKee (see bio)<br />
McKee Nelson, Washington<br />
Daniel J Micciche<br />
Akin Gump Strauss Hauer & Feld, Dallas<br />
David S Miller<br />
Cadwalader Wickersham & Taft, New York<br />
Robert L Moore II<br />
Miller & Chevalier Chartered, Washington<br />
Charles Morgan<br />
Skadden Arps Slate Meagher & Flom, New York<br />
326 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Philip D Morrison (see bio)<br />
<strong>Deloitte</strong> <strong>Tax</strong>, Washington (see advert on inside front)<br />
Clifford E Muller (see bio)<br />
Sutherland Asbill & Brennan, Washington<br />
Dan Munger (see bio)<br />
<strong>Deloitte</strong> <strong>Tax</strong>, Chicago (see advert on inside front)<br />
Arthur M Nathan<br />
Haynes and Boone, Houston<br />
Mark Nehoray (see bio)<br />
<strong>Deloitte</strong> <strong>Tax</strong>, Los Angeles (see advert on inside front)<br />
William F Nelson (see bio)<br />
McKee Nelson, Washington<br />
Andrew C Newman (see bio)<br />
<strong>Deloitte</strong> <strong>Tax</strong>, Chicago (see advert on inside front)<br />
Erika W Nijenhuis<br />
Cleary Gottlieb Steen & Hamilton, New York<br />
David Z Nirenberg (see bio)<br />
McKee Nelson, New York<br />
Edwin L Norris (see bio)<br />
Sidley Austin, Los Angeles<br />
Amin Nosrat (see bio)<br />
<strong>Deloitte</strong> <strong>Tax</strong>, Houston (see advert on inside front)<br />
James M O’Brien (see bio)<br />
Baker & McKenzie, Chicago<br />
Herbert Odell<br />
Miller & Chevalier Chartered, West Conshohocken<br />
Stuart I Odell<br />
Dewey Ballantine, New York<br />
Jeffrey O’Donnell (see bio)<br />
<strong>Deloitte</strong> <strong>Tax</strong>, Washington (see advert on inside front)<br />
Pamela Olson<br />
Skadden Arps Slate Meagher & Flom, Washington<br />
Paul W Oosterhuis<br />
Skadden Arps Slate Meagher & Flom, Washington<br />
Joseph M Pari (see bio)<br />
Dewey Ballantine, Washington<br />
James M Peaslee<br />
Cleary Gottlieb Steen & Hamilton, New York<br />
John M Peterson Jr<br />
Baker & McKenzie, Palo Alto<br />
327
United States<br />
Barnet Phillips IV<br />
Skadden Arps Slate Meagher & Flom, New York<br />
Lawrence A Pollack (see bio)<br />
KPMG, New York<br />
Martin D Pollack (see bio)<br />
Weil Gotshal & Manges, New York<br />
Michael Quigley<br />
White & Case, Washington<br />
Walter T Raineri (see bio)<br />
Fenwick & West, Mountain View<br />
Charles O Rappaport<br />
Simpson Thacher & Bartlett, New York<br />
Keith Reams (see bio)<br />
<strong>Deloitte</strong> <strong>Tax</strong>, San Francisco (see advert on inside front)<br />
Yaron Z Reich<br />
Cleary Gottlieb Steen & Hamilton, New York<br />
Richard L Reinhold<br />
Willkie Farr & Gallagher, New York<br />
William M Richardson<br />
Hunton & Williams, Richmond<br />
James Riedy<br />
McDermott Will Emery, Washington<br />
Burt Rosen<br />
Debevoise & Plimpton, New York<br />
Matthew A Rosen<br />
Skadden Arps Slate Meagher & Flom, New York<br />
H David Rosenbloom<br />
Caplin & Drysdale, Washington<br />
Stanley Ruchelman<br />
Ruchelman Law Firm, New York<br />
Robert A Rudnick<br />
Shearman & Sterling, Washington<br />
Ronald D Saake (see bio)<br />
<strong>Deloitte</strong> <strong>Tax</strong>, San Francisco (see advert on inside front)<br />
Jeffrey B Samuels<br />
Paul Weiss Rifkind Wharton & Garrison, New York<br />
Leslie B Samuels<br />
Cleary Gottlieb Steen & Hamilton, New York<br />
Michael L Schler<br />
Cravath Swaine & Moore, New York<br />
328 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Leslie J Schneider<br />
Ivins Phillips & Barker Chartered, Washington<br />
Leslie J Schreyer<br />
Chadbourne & Parke, New York<br />
Ronald B Schrotenboer (see bio)<br />
Fenwick & West, Mountain View<br />
Jodi J Schwartz (see bio)<br />
Wachtell Lipton Rosen & Katz, New York<br />
Alan M Shapiro (see bio)<br />
<strong>Deloitte</strong> <strong>Tax</strong>, Chicago (see advert on inside front)<br />
Abraham N M Shashy (see bio)<br />
Dewey Ballantine, Washington<br />
Stephen E Shay<br />
Ropes & Gray, Boston<br />
Jeffrey T Sheffield<br />
Kirkland & Ellis, Chicago<br />
Timothy C Sherck<br />
Mayer Brown Rowe & Maw, Chicago<br />
Stanley G Sherwood (see bio)<br />
Sherwood Associates, New York<br />
David R Sicular<br />
Paul Weiss Rifkind Wharton & Garrison, New York<br />
Mark J Silverman<br />
Steptoe & Johnson, Washington<br />
Richard W Skillman (see bio)<br />
Caplin & Drysdale, Washington<br />
Manuel F Solano (see bio)<br />
Ernst & Young, New York<br />
Giovanna Terese Sparagna (see bio)<br />
Sutherland Asbill & Brennan, Washington<br />
Gary D Sprague<br />
Baker & McKenzie, Palo Alto<br />
Robert J Staffaroni<br />
Debevoise & Plimpton, New York<br />
Richard C Stark (see bio)<br />
McKee Nelson, Washington<br />
N Susan Stone<br />
Baker & McKenzie, Houston<br />
Steven Surdell (see bio)<br />
Ernst & Young, Chicago<br />
329
United States<br />
C David Swenson<br />
Baker & McKenzie, Washington<br />
Edward Tanenbaum (see bio)<br />
Alston & Bird, New York<br />
Willard B Taylor<br />
Sullivan & Cromwell, New York<br />
Leonard B Terr (see bio)<br />
Baker & McKenzie, Washington<br />
David R Tillinghast<br />
Baker & McKenzie, New York<br />
Richard E Timbie (see bio)<br />
Caplin & Drysdale, Washington<br />
James J Tobin<br />
Ernst & Young, New York<br />
Steven C Todrys<br />
Simpson Thacher & Bartlett, New York<br />
Dana L Trier<br />
Davis Polk & Wardwell, New York<br />
Charles S Triplett<br />
Mayer Brown Rowe & Maw, Washington<br />
T Timothy Tuerff (see bio)<br />
<strong>Deloitte</strong> <strong>Tax</strong>, Washington (see advert on inside front)<br />
Sonia Velasco Menal<br />
Cuatrecasas, New York<br />
Mary F Voce<br />
Greenberg Traurig, New York<br />
Charles H Wagner<br />
Baker & McKenzie, New York<br />
Karl T Walli (see bio)<br />
Weil Gotshal & Manges, Washington<br />
David R Warco (see bio)<br />
<strong>Deloitte</strong> <strong>Tax</strong>, New York (see advert on inside front)<br />
Gordon E Warnke (see bio)<br />
Dewey Ballantine, New York<br />
W Thomas Weir<br />
Akin Gump Strauss Hauer & Feld, New York<br />
Richard L Weisman<br />
Baker & McKenzie, New York<br />
Joel C Weiss<br />
Miller & Chevalier Chartered, Philadelphia<br />
330 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
United States<br />
Robert Wellen<br />
Ivins Phillips & Barker Chartered, Washington<br />
Benjamin G Wells<br />
Baker Botts, Houston<br />
Thomas F Wessel (see bio)<br />
KPMG, Washington<br />
Philip R West<br />
Steptoe & Johnson, Washington<br />
Raymond J Wiacek<br />
Jones Day, Washington<br />
Gary B Wilcox<br />
Morgan Lewis & Bockius, Philadelphia<br />
B John Williams Jr<br />
Skadden Arps Slate Meagher & Flom, Washington<br />
Joel V Williamson<br />
Mayer Brown Rowe & Maw, Chicago<br />
Steven C Wrappe<br />
Mayer Brown Rowe & Maw, Washington<br />
Deloris R Wright<br />
Analysis Group, Denver<br />
Lowell D Yoder<br />
McDermott Will Emery, Chicago<br />
Alfred D Youngwood<br />
Paul Weiss Rifkind Wharton & Garrison, New York<br />
George E Zeitlin<br />
Chadbourne & Parke, New York<br />
Jay H Zimbler<br />
Sidley Austin, Chicago<br />
Thomas M Zollo (see bio)<br />
KPMG, Chicago<br />
331
Venezuela<br />
Humberto Romero-Muci<br />
<strong>Deloitte</strong><br />
Torre Corp Banmca Piso 18<br />
Av Blandín, La Castellana<br />
Caracas<br />
Venezuela<br />
Tel: (58) 212 206 87 47<br />
Fax: (58) 212 206 87 40<br />
Email: hromero-muci@deloitte.com<br />
Website: www.deloitte.com<br />
Humberto Romero-Muci is a tax partner in the Caracas office of <strong>Deloitte</strong>.<br />
Humberto Romero-Muci graduated summa cum laude in law from Universidad<br />
Católica Andrés Bello. He graduated with a Master’s in law from Harvard University<br />
in 1986, a PhD in law from Universidad Central de Venezuela in 2003 and a diploma<br />
in international tax from Harvard Law School in 1986. He is the former associated<br />
magistrate of the political administrative chamber at the Venezuelan Supreme Court.<br />
Recently, among other distinguished positions, he has been chosen as member of the<br />
Political and Social Sciences Academy in Venezuela, chair number 14.<br />
Dr Romero-Muci has been a co-founder and administrative partner of Romero-Muci<br />
& Associates Law Firm since 1997, a member of <strong>Deloitte</strong>. Dr Romero-Muci<br />
specializes in legal tax advice and litigation; he has contributed to the interpretation<br />
and implementation of the legislation applicable to inflation adjustment, business<br />
assets, and municipal taxes, and he has contributed to legal and tax aspects of<br />
accounting principals.<br />
He has been an associated professor and ex-chief in charge of the financial law chair<br />
in the Universidad Católica Andrés Bello since 1997, as well as ex-professor of<br />
administrative economic law in the same university.<br />
Dr Romero-Muci has written 10 books (three of which are award-winning) and 112<br />
monographic works related to tax, constitutional, and administrative matters. Dr<br />
Romero-Muci has been named as one of the most distinguished specialists and<br />
talented professionals regarding tax issues by the International <strong>Tax</strong> Review and other<br />
international law reviews.<br />
As a partner, Dr Romero-Muci participates in all projects developed by the law firm.<br />
He has been appointed as a legal tax service line leader for Venezuela, and also serves<br />
as the liaison for a number of multinational enterprises and coordinates tax work for<br />
numerous clients headquartered abroad. His experience covers a wide range of<br />
industries, particularly service industries.<br />
He speaks English and Spanish, and is a frequent guest speaker on topics related to<br />
national and international taxation.<br />
332 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong>
Venezuela<br />
Oswaldo Anzola<br />
Rodríguez & Mendoza, Caracas<br />
Frederico Araujo Medina<br />
Torres Plaz Araujo & Asociados, Caracas<br />
Manuel Candal Iglesias<br />
Candal & Asociados, Caracas<br />
Juan C Carmona<br />
Alcaraz Cabrera Vazquez (KPMG in Venezuela), Caracas<br />
Ronald E Evans<br />
Baker & McKenzie, Caracas<br />
Luis Ocando<br />
Ernst & Young, Caracas<br />
Leonardo Palacios<br />
Torres Plaz Araujo & Asociados, Caracas<br />
Katherine S Pinzón M<br />
Ernst & Young/Mendoza Delgado Labrador y Asociados, Caracas<br />
Humberto Romero-Muci (see bio)<br />
<strong>Deloitte</strong>, Caracas (see advert on inside front)<br />
Gabriel Ruan Santos<br />
Araque Reyna Sosa Viso & Pittier, Caracas<br />
Alfredo Travieso Passios<br />
Tinoco Travieso Planchart & Núñez, Caracas<br />
333
INDEX<br />
Index of firms<br />
11 New Square, 242<br />
3 Temple Gardens <strong>Tax</strong> Chambers, 243<br />
A&L Goodbody, 120<br />
Abreu Cardigos & Associados, 171<br />
Adachi Henderson Miyatake & Fujita, 129<br />
Advokatfirman Bill Andreasson, 214<br />
Aird & Berlis, 37, 52, 54, 57<br />
Akin Gump Strauss Hauer & Feld, 321, 323,<br />
326, 330<br />
Alcaraz Cabrera Vazquez (KPMG in<br />
Venezuela), 333<br />
Allen & Gledhill, 178<br />
Allen & Overy, 83, 101, 102, 135, 243<br />
Allens Arthur Robinson, 12, 13<br />
Alston & Bird, 253, 259, 261, 278, 312, 321,<br />
322, 326, 330<br />
Altenburger, 215, 222<br />
Altorfer Duss & Beilstein, 222<br />
Analysis Group, 331<br />
Andreas Neocleous & Co, 66, 67, 68<br />
Araque Reyna Sosa Viso & Pittier, 333<br />
Arendt & Medernach, 135<br />
Arias Fabrega & Fabrega, 160<br />
ARNOLD Rechtsanwalts-Partnerschaft, 16<br />
Arntzen de Besche, 160<br />
Arthur Cox, 120<br />
Ashurst, 82, 244<br />
Asorey & Navarrine, 8<br />
Atanaskovic Hartnell, 12<br />
Avraham Alter & Co Law Offices, 120<br />
Baker & McKenzie, 25, 61, 82, 83, 101, 103,<br />
106, 129, 136, 140, 147, 149, 150, 163, 174,<br />
178, 209, 243, 279, 294, 313, 324, 325, 326,<br />
327, 329, 330, 333<br />
Baker Botts, 331<br />
Bär & Karrer, 222<br />
Baraona Marré, 61<br />
Barros & Errázuriz, 61<br />
Barros Carvalho Advogados Associados, 32<br />
Basham Ringe y Correa, 139, 140<br />
BDO Noraudit, 157, 160<br />
Bech-Bruun, 73<br />
Bell Gully, 155<br />
Bennett Jones, 54, 55<br />
Binder Grösswang Rechtsanwälte, 16<br />
Blake Cassels & Graydon, 34, 41, 43, 47, 49,<br />
50, 55, 56<br />
Blake Dawson Waldron, 12<br />
Blum Attorneys-at-Law, 218, 222<br />
BMR & Associates, 110, 116<br />
Böckli Bodmer & Partner, 222<br />
Bonn Schmitt Steichen, 133, 135<br />
Borden Ladner Gervais, 55<br />
Borel & Barbey, 222<br />
Bowman Gilfillan, 194<br />
bpv Hügel Rechtsanwälte OEG, 16<br />
Brandford-Griffith & Associés, 83<br />
Bratschi Emch Rechtsanwälte, 222<br />
Bredin Prat, 83<br />
334 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong><br />
Briger & Associates, 322<br />
Bruchou Fernandez Madero Lombardi &<br />
Mitrani, 8<br />
BSR & Co, 116<br />
Bulhoes Pedreira Bulhoes Carvalho Piva<br />
Rosman e Souza, 32<br />
Burki Attorneys-at-Law, 222<br />
Burnet Duckworth & Palmer, 54<br />
Cabinet Henri Bardet, 82<br />
Cabinet Turot, 83<br />
Cadwalader Wickersham & Taft, 325, 326<br />
Cahn-Speyer Paredes & Asociados, 65<br />
Calvo González Luna Moreno y Revilla, 140<br />
Candal & Asociados, 333<br />
Caplin & Drysdale, 280, 307, 314, 326, 328,<br />
329, 330<br />
Cárdenas Di Cio Romero & Tarsitano, 8<br />
Carey & Cia, 61<br />
Cariola Diez Perez-Cotapos & Cia, 61<br />
Chadbourne & Parke, 163, 322, 323, 326,<br />
329, 331<br />
Chapman Tripp, 155<br />
Chevez Ruiz Zamarripa y Cia, 140<br />
Chiomenti Studio Legale, 123<br />
CHSH Cerha Hempel Spiegelfeld Hlawati,<br />
15, 16<br />
Clayton Utz, 12<br />
Cleary Gottlieb Steen & Hamilton, 82, 241,<br />
243, 325, 327, 328<br />
Clifford Chance, 82, 83, 101, 103, 149, 242<br />
Clyde & Co, 241<br />
CMS Adonnino Ascoli & Cavasola Scamoni,<br />
123<br />
CMS Bureau Francis Lefebvre, 78, 79, 80,<br />
82, 83<br />
Cooley Godward Kronish, 324<br />
Couzin Taylor/Ernst & Young, 54, 55<br />
Cravath Swaine & Moore, 324, 328<br />
Cuatrecasas, 205, 209, 330<br />
D Potchebutzky Law Offices, 120<br />
Davies Ward Phillips & Vineberg, 54, 55, 56,<br />
324<br />
Davis Polk & Wardwell, 243, 323, 330<br />
De Brauw Blackstone Westbroek, 149, 150<br />
Debevoise & Plimpton, 102, 321, 323, 324,<br />
328, 329<br />
<strong>Deloitte</strong>, 6, 7, 8, 11, 13, 17, 19, 20, 22, 25,<br />
26, 27, 28, 32, 36, 45, 48, 53, 54, 55, 56,<br />
57, 58, 59, 61, 62, 63, 64, 65, 71, 72, 73,<br />
75, 76, 77, 91, 93, 97, 101, 102, 103, 104,<br />
105, 106, 108, 109, 116, 118, 120, 124, 125,<br />
129, 137, 138, 140, 141, 143, 145, 146, 148,<br />
149, 150, 151, 153, 154, 155, 159, 160, 161,<br />
162, 163, 164, 168, 170, 171, 175, 176, 177,<br />
178, 179, 184, 194, 196, 201, 210, 214, 222,<br />
224, 225, 226, 231, 233, 237, 240, 241, 242,<br />
243, 245, 248, 249, 257, 262, 263, 272, 275,<br />
285, 287, 288, 290, 293, 295, 300, 301, 304,<br />
315, 317, 321, 322, 323, 325, 327, 328, 329,<br />
330, 332, 333
Deneys Reitz, 194<br />
Dewey Ballantine, 87, 101, 121, 123, 163,<br />
230, 242, 277, 296, 305, 318, 325, 327,<br />
329, 330<br />
Di Tanno e Associati, 123<br />
Dias de Souza Advogados, 32<br />
DLA Piper, 144, 149<br />
Drew & Napier, 178<br />
Edward Nathan Sonnenbergs, 185, 187, 189,<br />
194<br />
Elvinger Hoss & Prussen, 135<br />
EnterPricing, 8<br />
Ernst & Young, 8, 12, 13, 16, 56, 61, 65, 69,<br />
70, 73, 82, 83, 101, 102, 106, 109, 113,<br />
114, 115, 116, 120, 129, 149, 150, 160,<br />
178, 186, 190, 194, 201, 209, 211, 214,<br />
216, 220, 222, 223, 242, 308, 311, 321,<br />
323, 325, 329, 330, 333<br />
Ernst & Young/Mendoza Delgado Labrador<br />
y Asociados, 333<br />
Espanha e Associados, 171<br />
Estudio Beccar Varela, 8<br />
Estudio O’Farrell, 8<br />
Eubelius, 25<br />
Fasken Martineau DuMoulin, 54, 56<br />
Felesky Flynn, 54<br />
Fenwick & West, 264, 265, 266, 299, 302,<br />
323, 328, 329<br />
Ferrere Attorneys at Law, 26<br />
Flick Gocke Schaumburg, 86, 101, 102, 103<br />
Fraser Milner Casgrain, 38, 44, 54, 55<br />
Freshfields Bruckhaus Deringer, 16, 25, 82,<br />
101, 102, 123, 149, 150, 209, 241, 242,<br />
243, 244, 326<br />
Fried Frank Harris Shriver & Jacobson, 322,<br />
324, 325<br />
Fulbright & Jaworski, 324<br />
Galhardo Vilão Torres, 171<br />
Gardere Wynne Sewell, 321, 326<br />
Garrigues, 202, 204, 206, 207, 208, 209<br />
Garrigues Portugal, 165, 171<br />
Gibbs Chambers, 13<br />
Gide Loyrette Nouel, 82<br />
Gillioz Dorsaz & Associes, 222<br />
Gleiss Lutz, 101<br />
Gonçalves Pereira Castelo Branco e<br />
Associados, 171<br />
Goodmans, 54, 56<br />
Gray’s Inn <strong>Tax</strong> Chambers, 241, 242, 244<br />
Greenberg Traurig, 330<br />
Greenwoods & Freehills Pty Limited, 12<br />
Haarmann, 92, 101<br />
Haavind Vislie, 160<br />
Hannes Snellman, 77<br />
Harboe & Co, 160<br />
Haynes and Boone, 321, 323, 327<br />
Hengeler Mueller, 102<br />
Herbert Smith, 242<br />
Herzog Fox & Neeman, 120<br />
HH Partners, 74, 77<br />
Hollis Whiteman Chambers, 244<br />
Homburger, 222, 223<br />
Hunton & Williams, 328<br />
I Gornitzky & Co, 120<br />
Irell & Manella, 325<br />
Ivins Phillips & Barker Chartered, 323, 324,<br />
329, 331<br />
Jalsovszky Law Firm, 109<br />
Jones Day, 25, 82, 323, 325, 331<br />
Jürgen Hartmann, 101<br />
Katten Muchin Rosenman, 321<br />
Kaye Scholer, 324<br />
Kellough & Partners, 39, 54<br />
INDEX<br />
KhattarWong, 178<br />
Kim & Chang, 201<br />
King & Spalding, 323<br />
Kirkland & Ellis, 326, 329<br />
KPMG, 8, 13, 23, 24, 26, 29, 55, 56, 77,<br />
101, 106, 117, 119, 120, 156, 160, 181,<br />
188, 194, 219, 222, 227, 234, 235, 241,<br />
242, 244, 247, 268, 269, 270, 274, 297,<br />
319, 320, 321, 322, 324, 325, 328, 331<br />
KPMG Bohlins, 214<br />
KPMG C Jespersen Statsautoriseret<br />
Revisionsinteressentskab, 73<br />
KPMG Gruppe Österreich, 16<br />
KPMG Law Advokatfirma DA, 158<br />
KPMG Meijburg & Co, 149, 150<br />
KPMG <strong>Tax</strong>, 135, 163<br />
KPMG <strong>Tax</strong> Advisors-Assessores Tributários,<br />
32<br />
KPMG <strong>Tax</strong> Corp, 129<br />
Kromann Reumert, 73<br />
Lacaz Martins Halembeck Pereira Neto<br />
Gurevich, 32<br />
Lakshmikumaran & Sridharan, 116<br />
Landwell - PricewaterhouseCoopers, 209<br />
Latham & Watkins, 103, 322<br />
Lefosse Advogados in cooperation with<br />
Linklaters, 30, 32<br />
Leitner + Leitner, 16<br />
Lenz & Staehelin, 223<br />
Lewin & Wills Abogados, 65<br />
Liedekerke Wolters Waelbroeck<br />
Kirkpatrick, 25<br />
Linklaters, 82, 101, 103, 163, 214, 241, 243<br />
Linklaters De Bandt, 25, 26<br />
Locke Liddell & Sapp, 322, 325<br />
Lovells, 150, 242<br />
Loyens, 25, 26<br />
Loyens & Loeff, 135, 149, 150, 178, 243,<br />
323<br />
Loyens Winandy, 134, 135<br />
Macchi di Cellere Gangemi, 123<br />
Macfarlanes, 241, 242<br />
Machado Meyer Sendacz e Opice, 31, 32<br />
Maisto e Associati, 123<br />
Mallesons Stephen Jaques, 12, 13<br />
Mallinicks, 194<br />
Mannheimer Swartling, 214<br />
Marciniuk & Partners, 163<br />
Marino e Associati, 123<br />
Mariz de Oliveira Siqueira Campos e<br />
Bianco, 32<br />
Marval O’Farell & Mairal, 8<br />
Matheson Ormsby Prentice, 120<br />
Mattos Filho Veiga Filho Marrey Jr e<br />
Quiroga, 32<br />
Mayer Brown Rowe & Maw, 321, 325, 329,<br />
330, 331<br />
McCarthy Tétrault, 54, 55, 56, 57<br />
McDermott Will Emery, 243, 321, 322, 323,<br />
324, 328, 331<br />
McKee Nelson, 255, 282, 284, 289, 291,<br />
310, 322, 326, 327, 329<br />
MDDP Michalik Dluska Dziedzic i<br />
Partnerzy, 163<br />
Meilicke Hoffmann & Partner, 102<br />
Milbank Tweed Hadley & McCloy, 101,<br />
102, 242, 325<br />
Miller & Chevalier Chartered, 326, 327, 330<br />
Minter Ellison, 10, 12<br />
Minter Ellison Rudd Watts, 155<br />
Moisand Boutin & Associés, 83<br />
Morais Leitão Galvão Teles Soares da Silva<br />
& Associados, 167, 169, 171<br />
335
INDEX<br />
Morgan Lewis & Bockius, 236, 243, 331<br />
Morrison & Foerster, 323<br />
Nagashima Ohno & Tsunematsu, 129<br />
Nauta Dutilh, 135<br />
Negri & Teijeiro Abogados, 8<br />
NERA Economic Consulting, 100, 103<br />
Niederer Kraft & Frey, 222<br />
Nishith Desai Associates, 116<br />
O’Melveny & Myers, 63<br />
Oberson & Partners, 222<br />
Ogilvy Renault, 40, 55<br />
One Essex Court, 242<br />
Ong Sim Ho Advocates & Solicitors, 178<br />
Orrick Herrington & Sutcliffe, 260, 322<br />
Ortiz Sainz y Erreguerena, 140<br />
Osborne Clarke, 243<br />
Osler Hoskin & Harcourt, 51, 54, 55, 56<br />
Owen Dixon Chambers, 13<br />
Owen Dixon Chambers West, 12<br />
P+P Pöllath + Partners, 84, 88, 89, 95, 96,<br />
98, 99, 101, 102, 103<br />
Parás, 140<br />
Paul Hastings Janofsky & Walker, 82, 273,<br />
325<br />
Paul Weiss Rifkind Wharton & Garrison,<br />
322, 326, 328, 329, 331<br />
Pepeliaev Goltsblat & Partners, 173, 174<br />
Pérez Alati Grondona Benites Arntsen &<br />
Martinez, 8<br />
Pestalozzi Lachenal Patry, 217, 222<br />
Pillsbury Winthrop Shaw Pittman, 322<br />
Pinheiro Neto - Advogados, 32<br />
Plesner Svane Gronborg, 73<br />
PLMJ - AM Pereira Sáragga Leal Oliveira<br />
Martins, 166, 171<br />
Prager Dreifuss, 222<br />
PricewaterhouseCoopers, 3, 5, 8, 12, 16, 25,<br />
26, 33, 55, 60, 61, 63, 65, 73, 77, 90, 94,<br />
101, 102, 106, 109, 112, 116, 130, 132,<br />
135, 140, 149, 155, 160, 163, 172, 174,<br />
178, 191, 194, 212, 213, 214, 222, 228,<br />
229, 232, 238, 239, 241, 242, 243, 267,<br />
276, 321, 322, 323, 324, 325<br />
Pump Court <strong>Tax</strong> Chambers, 241, 242<br />
Reyes Abogados Asociados, 65<br />
RLE Gmbh, 101<br />
Robert Boonacker, 149<br />
Roca Junyent, 209<br />
Rodés & Sala, 209<br />
Rodríguez & Mendoza, 333<br />
Ropes & Gray, 329<br />
Roschier, 77<br />
RSM & Co, 116<br />
RSM Hemmelrath, 102<br />
Ruchelman Law Firm, 328<br />
Rui Barreira Magalhães Correia Teresa<br />
Carregueiro, 171<br />
Russell McVeagh, 155<br />
Samil PricewaterhouseCoopers, 195, 197,<br />
198, 201<br />
Schellenberg Wittmer, 221, 223<br />
SchneideR’S Attorney at Law, 16<br />
Schönherr, 16<br />
Selborne Chambers, 12<br />
Shaddick & Spence, 13<br />
Shearman & Sterling, 101, 321, 326, 328<br />
Sherwood Associates, 306, 329<br />
Shin Nihon Ernst & Young, 126, 128, 129<br />
Sidley Austin, 292, 327, 331<br />
Simmons & Simmons Trenité, 149<br />
Simpson Thacher & Bartlett, 322, 324, 326,<br />
328, 330<br />
336 Guide to the World’s Leading <strong>Tax</strong> <strong>Advisers</strong><br />
Skadden Arps Slate Meagher & Flom, 323,<br />
324, 326, 327, 328, 331<br />
Slaughter and May, 241, 242, 243<br />
Spigthoff, 150<br />
Steptoe & Johnson, 329, 331<br />
Stibbe, 25, 149, 150<br />
Stikeman Elliott, 54<br />
Streck Mack Schwedhelm, 103<br />
Studio Legale Tributario F Gallo e Associati,<br />
123<br />
Studio Tributario Deiure, 123<br />
Studio Uckmar, 123<br />
Sullivan & Cromwell, 82, 330<br />
Sutherland Asbill & Brennan, 252, 258, 281,<br />
286, 309, 321, 322, 326, 327, 329<br />
Taj, 82<br />
The Ballentine Barbera Group, 250, 321<br />
Thommessen Krefting Greve Lund, 160<br />
Thorsteinssons, 42, 46, 55<br />
Tiberghien, 21, 25<br />
Tinoco Travieso Planchart & Núñez, 333<br />
Tirard Naudin, 81, 83<br />
Tokyo Kyodo Accounting Office, 129<br />
Tommy V Christiansen, 73<br />
Torres Plaz Araujo & Asociados, 333<br />
Torys, 56<br />
Travers Smith Braithwaite, 241, 243<br />
Trench Rossi e Watanabe/Baker &<br />
McKenzie, 32<br />
Tron y Natera, 140<br />
Ulhoa Canto Rezende e Guerra Advogados,<br />
32<br />
Uría Menéndez, 209<br />
Vaish Associates, 116<br />
Van Doorne, 150<br />
Veirano Advogados, 32<br />
Vial y Palma, 61<br />
Vitali Romagnoli Piccardi e Associati, 122,<br />
123<br />
Vorlickova & Leitner, 70<br />
Vorster Pereira Inc, 194<br />
Wachtell Lipton Rosen & Katz, 256, 303,<br />
322, 329<br />
Webber Wentzel Bowens, 192, 193, 194<br />
Weil Gotshal & Manges, 163, 254, 271, 283,<br />
298, 316, 321, 325, 326, 328, 330<br />
Wentworth Chambers, 12, 13<br />
Werksmans, 194<br />
White & Case, 70, 127, 129, 163, 323, 328<br />
Wiersholm Mellbye & Bech, 160<br />
Wikborg Rein, 160<br />
William Fry, 120<br />
Willkie Farr & Gallagher, 82, 83, 322, 328<br />
Wilson & Partners, 54, 56<br />
Winston & Strawn, 322<br />
Wolf Theiss, 16<br />
Woo Yun Kang Jeong & Han, 199, 200, 201<br />
Xavier Bernardes & Bragança, 33
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