Asia Tax Forum May 9-10, 2012 – Raffles, Singapore with the support of How to Avoid, How to Settle Dispute Resolution

Asia Tax Forum May 9-10, 2012 – Raffles, Singapore Speakers Mukesh Butani – Taxand India Michael Palumbo – Baker Hughes Eugene Gay – GlaxoSmithKline Amit Bhalla – Schneider Electric Leon Kwong Wing – Taxand Singapore

Asia Tax Forum May 9-10, 2012 – Raffles, Singapore Contents 01Appeals Mechanisms In Asia-Pacific: Are They Working? 02How To Prepare If You Are Caught in a Dispute 03When A Settlement Is The Best Option 04Tactics For Jurisdictions Where Litigation Is Most Likely 05Lessons From Key Cases: Hong Kong cases of Li & Fung; CG Lighting and Nice Cheer Investment Limited; Singapore’s First Section 33 Case 06Key Contacts 07About Taxand

Asia Tax Forum May 9-10, 2012 – Raffles, Singapore Appeals Mechanisms: Are They Working? Alternate mechanisms for dispute resolution; availability of both domestic and international framework? Learnings from experiences in Asia- Pacific – India, Indonesia, Vietnam, Cambodia Timing issues in resolving disputes

Asia Tax Forum May 9-10, 2012 – Raffles, Singapore How To Prepare If You Are Caught In A Dispute Evaluation of forms of dispute resolution mechanisms available Experience in different countries: India, Indonesia, China, Vietnam, Philippines, Singapore Preparing for uncertainty and tax dispute life cycle Other out of box thoughts

Asia Tax Forum May 9-10, 2012 – Raffles, Singapore When A Settlement Is The Best Option Depends on company risk appetite and tax department leadership May be considered where certainty and timing is important Evaluation of impact of settlement Experiences in some Asia Pac countries

Asia Tax Forum May 9-10, 2012 – Raffles, Singapore Tactics For Jurisdictions Where Litigation Is Most Likely Timely expert advice Good housekeeping Methodologies for mitigating tax and penalty exposure Keeping top management informed Country specific experience

Asia Tax Forum May 9-10, 2012 – Raffles, Singapore Lessons From Key Cases Singapore’s First Section 33 Case Vodafone case

Asia Tax Forum May 9-10, 2012 – Raffles, Singapore Singapore GAAR CEC v Comptroller UOL Development (Novena) Pte Ltd v Commissioner AQQ v Comptroller

Asia Tax Forum May 9-10, 2012 – Raffles, Singapore Shareholder’s credit for tax at source on dividends Company Profit $100 Shareholder Dividend $100 (Finance) ($100) Net Nil Tax Nil Refund $20 $80 money $20 credit for TDS

Asia Tax Forum May 9-10, 2012 – Raffles, Singapore The factual scenario MY SG MY SG NewCo

Asia Tax Forum May 9-10, 2012 – Raffles, Singapore Circular flow of loan money MY SG MY SG NewCo $225m money SG bank MU bank $225m convertible note

Asia Tax Forum May 9-10, 2012 – Raffles, Singapore Circular flow of interest MY SG MY SG NewCo SG bank MU bank Interest-free Interest >99% of interest <1% of interest

Asia Tax Forum May 9-10, 2012 – Raffles, Singapore Thank you

Asia Tax Forum May 9-10, 2012 – Raffles, Singapore Our Global Service Commitment About Taxand Understanding and managing the tax consequences of cross-border tax transactions Considering organisational (re)structuring options in full awareness of the tax implications Realising tax, supply chain and overall operational efficiencies Interpreting technical tax provisions Lowering effective tax rates Addressing and preventing tax leakages Ensuring tax compliance Managing relationships with tax authorities

Asia Tax Forum May 9-10, 2012 – Raffles, Singapore Global Coverage About Taxand ArgentinaFranceMauritiusSingapore AustraliaGermanyMexicoSouth Africa AustriaGreeceNetherlandsSpain BelgiumHungaryNorway Sweden BrazilIndiaPakistanSwitzerland CanadaIndonesiaPanamaThailand ChileIrelandPeruTurkey ChinaItalyPhilippinesUK ColombiaJapanPolandUkraine CyprusKoreaPortugalUSA CuracaoLuxembourgPuerto RicoVenezuela DenmarkMalaysiaRomania FinlandMaltaRussia

Asia Tax Forum May 9-10, 2012 – Raffles, Singapore Why Taxand? Dedicated to taxLocal knowledge, global view Independence advantage – conflict free, un- bureaucratic, best practice Partner led from start to finish Passionate about working together Complex problems, customised advice Practical advice, responsively delivered

Asia Tax Forum May 9-10, 2012 – Raffles, Singapore E. T Mukesh Butani is a member of the Taxand board which comprises nine Taxand country Managing Partners from around the world, and Chairman of BMR Advisors, Taxand India. Specialising in international tax and transfer pricing, Mukesh has more than 25 years of experience in advising Fortune 500 multinationals and Indian business houses on a range of matters spanning cross- border tax structuring, tax controversy and tax policy structuring. In addition to his advisory role, Mukesh has represented clients in tax disputes, tax advocacy, policy and planning. A former national tax Director and international tax Partner at Arthur Andersen and Ernst & Young, Mukesh serves as Vice Chairman of the Commission on Taxation, International Chamber of Commerce (ICC). Mukesh is a qualified Chartered Accountant and is enrolled as an Advocate with the Bar Council of India. Mukesh Butani Taxand India Presenter Profile

Asia Tax Forum May 9-10, 2012 – Raffles, Singapore E. T Michael joined Baker Hughes in 2000 and has responsibility for Baker Hughes’ tax affairs in Asia encompassing 20 countries, leading and managing the Asia Pacific Tax Team located in 6 countries, and he is based in Singapore. Prior to coming to Asia 9 years ago, Michael had responsibility for Baker Hughes’ tax affairs in the Middle East and was based in London, United Kingdom. Michael has nearly 20 years of various accounting and tax experience with different companies in various industries. A native of Chicago, Illinois, Michael has lived and worked internationally for over 14 years and has been to over 70 countries on 6 different continents and managed tax issues in over 40 countries. His favorite saying is: “Oil and gas take you to places which are not in the tour guides”. Michael earned a Master of Science in Taxation Degree and a Bachelor of Science in Commerce Degree, with a Major in Accounting, from DePaul University in Chicago and he is a Certified Public Accountant in the State of Illinois and a member of both the American Institute of Certified Public Accountants and Tax Executives Institute (Asia Chapter). Michael Palumbo Asia Pacific Tax Director, Baker Hughes Presenter Profile

Asia Tax Forum May 9-10, 2012 – Raffles, Singapore E. T [ ] Eugene Gay GSK Presenter Profile

Asia Tax Forum May 9-10, 2012 – Raffles, Singapore E. T Amit Bhalla is the Vice President Tax & Customs APAC for Schneider Electric based in Singapore. In his role, he is responsible for the tax & customs affairs for the region, which includes Greater China, Japan, India, Australia, New Zealand and South East Asia region. Amit began his tax career in India with the accounting firm Arthur Andersen in 1994 and was in tax consulting for more than 8 years. Thereafter, he moved into industry specialising in the technology sector. He worked for Huawei Technologies, Cisco Systems and more recently Nortel Networks. During his career, he has worked and lived in India, China, UK and Singapore. Amit is a fellow member of the Institute of Chartered Accountants of India and a graduate from SRCC, University of Delhi. Amit Bhalla VP Tax & Customs APAC Schneider Electric Presenter Profile

Asia Tax Forum May 9-10, 2012 – Raffles, Singapore E. T Kwong Wing Leon is based in Taxand Singapore where he is a Partner and the Head of Tax at KhattarWong. He is also a barrister (Gray’s Inn), an advocate and solicitor (Singapore), and a registered trust and estate practitioner (TEP). Kwong Wing has been with Singapore’s Taxand practice, KhattarWong, for his entire career. Kwong Wing advises on income tax, property tax, goods and services tax and stamp duty in Singapore. He also defends taxpayers in audit and investigation cases, pursues objections against Revenue assessments and valuations, and acts as counsel in hearings at Review Boards and in the Courts. He is the Revenue law lecturer at the Singapore Bar course, and editor of Halsbury's Laws of Singapore: Revenue and Taxation published by LexisNexis. Leon Kwong Wing Taxand Singapore Presenter Profile

Asia Tax Forum May 9-10, 2012 – Raffles, Singapore Key Contacts Michael Palumbo Baker Hughes E. T Eugene Gay GlaxoSmithKline E. T Mukesh Butani Taxand India E. T Leon Kwong Wing Taxand Singapore E. T Amit Bhalla Schneider-Electric E. T

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