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2017 Cross-border Considerations for the Global Client - Johannesburg
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2017-06-29
When: 29 June 2017
From 7:30am until 4:30pm
Where: FNB Conference Centre and Learning
114 Grayston Drive
Sandton
Johannesburg 2031
South Africa
Contact: Thabelo Raivhogo
0129410400


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Cross-border Considerations for the Global Client

Overview

The aim of the workshop is to raise industry awareness about the changing landscape for advisors, multinational corporations and global families with offshore exposure and links. The last couple of years have seen significant changes to the local and global risk and reporting obligations for professionals and their clients. The main triggers that added additional challenges to the professional environment are mainly due to the intricacies of local and foreign tax rules and the ongoing tendencies by governments to gain access to cross-border financial information. The uniqueness, of what is known as the Common Reporting Standard (CRS), is that it is based on the US Foreign Account Tax Compliance Act (FATCA). Like FATCA, CRS places an “automatic” reporting duty on local and foreign financial institutions to collect account holder information that will be shared with participating jurisdictions’ tax authorities. CRS and FATCA also place certain reporting obligations on trustees and ultimately the aim is to understand who the beneficial owner is. Furthermore, the OECD's Centre for Tax Policy launched a disclosure facility for reporting “schemes”, that will circumvent the internationally agreed CRS for automatic exchange of taxpayers' account information. In addition, countries like the UK and their move towards digitalisation is introducing a new Trust Register, where trustees will be required to comply with reporting regulations via an online Trusts Register.


Course Content

The workshop will proactively deal with the following topics:

  • Exchange control interaction
    • SARS sharing information with SARB or vice versa
  • Guilty by association?
    • I may the names ultimate beneficiary but will I be taxed based on information flowing or based on South African tax rules?
    • Will every flow of fund be taxed or should SARS ask me to explain or reconcile the report with my tax return?
  • How to deal with exempt income
    • Gone are the days of non-disclosure
    • Full disclosure and forced to claim tax exemptions in South Africa
  • Will SARS, on CRS or FATCA exchange of information, be able to verify the foreign taxes paid?
  • The South African resident trust protector at risk in the CRS era?

Registration opens: 7h30

Opening and welcoming: 8h15 – 8h30


Professor Keith Engel, SAIT’s Chief Executive: Setting the scene

Keith Engel is the Chief Executive Officer for the South African Institute of Tax Professionals. As part of his core duties managing the Institute, he is heavily engaged in tax at a policy, legislative and interpretative level (e.g., with National Treasury, Parliament, SARS, the Davis Tax Committee and the private sector). His role also includes presentations and participation in regional African tax issues. Outside of the institute, he regularly teaches at the University of Johannesburg and is an honorary adjunct professor at the University of Cape Town, North Western University and Rhodes University. Keith is well known for his leading role at National Treasury in the formulation of tax legislation from 2000 to 2013.


Facilitators:

Hugo van Zyl, CA S(A) TEP MTP(SA) MCom (Tax)

Hugo van Zyl is a chartered accountant passionately committed to people facing tax challenges, be it the resident or migrated taxpayer, trusted accountant, auditor, tax lawyer or the trustee of the family office or trust. Since qualifying with and joining SAICA as CA S(A) some 30 odd years ago, Hugo joined SAIT as Master Tax Practitioner, STEP as Trust and Estate Practitioner and more recently FNB as a Local and Global Solutions Specialist. Since 1994 his focus has been on migrant taxpayers, be it the returning exiles or those departing for Perth, London, New York, Tel Aviv or Buenos Aires and Los Angeles. In 2003/2004 Hugo consulted on more than 1 000 tax and exchange control amnesty applications, he lectured from Johannesburg to Wembley (UK) and in between in Springbok Bar, Encino, Los Angeles. Hugo has also lectured countrywide (on behalf of STEP, SARS, SAICA and most recently for SAIT) on the challenges facing onshore and offshore trusts. During 2017, CNBC Africa invited Hugo to participate on their live broadcast of #BudgetBreakfaxt2017. During April 2017 Hugo presented a paper at the STEP Mauritius conference, focusing on the risks trustees face when they deal with non-compliant clients.


8h30 – 9h45

Topics:

  • Automatic sharing of financial information: Reporting duties: Africa and the world
  • The consequences of non-compliance and how transparent are we?

RC Terblanché, CA (SA), MBA

RC Terblanché is a director at CRSMondial Ltd, where he is responsible for FATCA and CRS advice and the implementation of the exchange of information. RC assists with the exchange of information systems in African Revenue Administrations and has, to date, assisted the following countries: Swaziland, Tanzania, Togo, Uganda, Lesotho and Zimbabwe.

Previously, RC was the Competent Authority for Exchange of Information at SARS where he was responsible for the implementation of FATCA. RC also liaised with the IRS on the interpretation and implementation of the Intergovernmental Agreement (IGA) and was instrumental in dealing with the financial industry on the interpretation and implementation of the IGA. Through comprehensive analysis, RC been instrumental in developing strategies amongst which was the proof of concept for compliance evaluation and the introduction of an equitable case selection methodology as well as capacity planning for SARS’ Enforcement Division.


Coffee break: 9h45 – 10h00


10h00 – 11h20

Topics:

  • Cross-border business and estate planning: Mauritius, what South Africans need to know
  • The impact of CRS on Mauritius and South Africans with cross-border structures and estates

Boris Pelegrin, Attorney with a Higher Diploma in Taxation and International Tax

Boris Pelegrin is the Managing Director of BTG Management Services (Mauritius) Limited (BTG) and heads-up the office in Mauritius. Boris is a qualified attorney of the High Court of South Africa and holds a Higher Diploma in Taxation and International Tax. Boris has worked in the taxation and legal field at KPMG, Citadel, Ernst & Young and Maitland. Boris has over 20 years’ experience in corporate-commercial work, international tax, trust law, financial services, compliance and offshore structuring.


11h20 – 13h00

Topics:

  • Planning for US tax, including trusts, South African business interests and investments; green card holders and US citizens residing in South Africa – the consequences of ignorance; solutions for global families and businesses with a US connection.

Richard Rubin, Lawyer and Licensed Member of the New York Bar

Richard was a tax attorney with Arthur Andersen South Africa before setting up Project Tax Management, which dealt primarily with the taxes of South African parastatals and energy utilities. Since 2000, Richard has been based in Atlanta. As a licensed member of the New York Bar, for the last number of years he has focused on US taxes in relation to cross border transactions and HNW families.


Lunch 13h00 – 13h45


13h45 – 15h00

Topics:

  • Business and succession planning with a focus on cross-border considerations in a global society, with a focus on:
    • UK situs taxes
    • Cross-border transactions
    • here to from here?

Rupert Worsdale, Partner: International Tax Planning and Corporate Tax

Rupert Worsdale has a broad-ranging practice, covering corporate tax, personal tax, trusts and investment funds. In the field of corporate tax, he advises corporations on how to structure cross-border acquisitions and how to optimise the structure of their existing international operations. In the field of personal tax, he advises individuals on tax residence issues and tax planning issues. In the field of trusts, he advises clients on how to resolve problems with existing trust structures, the most appropriate structures for the preservation, enhancement and devolution of wealth and the use of trusts and other structures for commercial purposes. In the field of investment funds, he advises clients on the tax structure of investment funds and how to resolve problems with existing fund structures. Although technically qualified in South Africa and the UK, Rupert has worked with the laws of, and lawyers in, a wide variety of jurisdictions and specialises in finding the appropriate jurisdictions and structures to meet the client’s needs.


Andrew Wellsted

Andrew is the head of the tax team in South Africa, based in Johannesburg. He is also a member of the firms’ specialised exchange control and regulation and investigation teams.

His tax experience covers a broad range of transactions relevant to the practice’s corporate client base, predominantly in the international, banking and mergers and acquisitions fields.

  • Banking and financial service industry: Andrew has significant experience in advising various financial institutions on financing transactions including project finance, structured finance and preference shares. He also has experience in product structuring in the financial services sector, including advising on the structuring derivatives and other structured products from a tax perspective.
  • Corporate: Andrew has assisted with a number of international transactions covering both inward and outward investments, group reorganisations, and structuring mergers, acquisitions or disposals.
  • Cross-border tax transactions: Andrew’s vast experience guarantees that he is up to dare with the most novel structures, and is aware of the exchange control anomalies which arise from time-to-time.
  • Exchange control: Andrew has over 10 years of experience in advising in this field as part-and-parcel of his international tax practice.
  • Regulatory and investigations: tax compliance in South Africa is becoming an increasingly important aspect for taxpayers, particularly in light of the introduction of the Tax Administration Act.

Andrew has substantial tax litigation experience, and he has a very good reputation with all of the relevant regulators. He has had great success in interacting with regulators regarding taxpayers’ issues. Andrew has also advised on a number of commodity financing transactions and has significant experience in dealing with the taxation of derivatives, including single stock futures, contracts for difference amongst others.

He obtained his Master’s degree (Tax) in 2002 at the University of the Witwatersrand and in 2004 he attained specialised diplomas in Capital Gains tax and Mining Tax law.

Andrew is the author of numerous articles dealing with a range of exchange control and tax issues and he lectures the Capital Gains Tax module for the HDIP and Masters in Tax Law course at the University of the Witwatersrand.


Chantal Robertson

Cross-border expert with over 20 years' experience in the financial services industry specializing in exchange control and foreign exchange.


Panel discussion

Topic: Fight or flight?

Professor Keith Engel 15h00 – 16h30

Global amnesties and transparency, tax planning impossible to do without a global angle, non-compliance and the impact on your reputation (advisors and clients), emigration, migration or immigration, what’s next?


Cape Town

    Venue name: FNB, Portside, Cape Town
    Venue address: Portside, 5 Buitengracht St, Cape Town City Centre, Cape Town, 8001
    Date: 27 June 2017

Johannesburg

    Venue name: FNB Conference Centre and Learning
    Venue address: 114 Grayston Dr, Sandton, Johannesburg, 2031
    Date: 29 June 2017

Time of conferences:

Registration commences from 7h30
Conference closes at 16h30


Event Investment

This seminar does not form part of the CPD subscription package

Cost: R1 800.00 (member and non-member)

Payments & Cancellations

  • All payments must be made by EFT or by credit card, at least 3 working days before commencement of an event.

  • Kindly note that should payment not been received 2 days after the event, legal action will be taken

  • Proof of payment will be requested at registration, if payment at that point in time has not been reflected on SAIT's bank account.

  • Only written notice of cancellation will be recognised.

  • Conditions:

    • If the cancellation occurs more than 4 working days prior to the event no cancellation fee will be charged.

    • If the cancellation occurs less than 4 working days prior to the event a 100% cancellation fee will apply.

  • Delegates who book and fail to attend will be liable for the full event fee.

  • SAIT's liability in the case of an event being cancelled will be limited to a refund or credit of the event fee.

  • Please click here for the full terms and conditions.


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