Beneficial ownership and related controversies
This webinar explores the importance of the concept of “beneficial ownership” or “beneficial owner” (BO), the rationale behind the concept, its evolution over time, the problems and difficulties it presents, and the administrative positions and case law of selected jurisdictions.
It seeks to provide a clear picture of the concept of beneficial ownership. It specifically examines the meaning given to BO in the Commentaries on the OECD and UN Models in terms of legal and economic entitlements as well as based on factual circumstances, practical interpretation, and application of the BO requirement in different countries. This will be demonstrated with case law from some jurisdictions and the ECJ, the relation between BO and substance and BO and the principal purpose test (PPT), using examples based on prominent court cases.
Our speakers will discuss their experiences on the significance of BO requirements, controversies surrounding the concept, and its functions in the aftermath of BEPS, particularly in light of the provisions on entitlement to benefits in the form of the limitation on benefits (LoB) and the principal purpose test (PPT) rule.
Upon completing this webinar, you will be able to:
- Recognize tax treaty provisions dealing with BO requirements and the significance of BO for accessing tax treaty benefits
- Analyze the concept of BO in the context of the latest OECD Commentary as well as prominent case law
- Contrast the practical interpretation and application of BO across different jurisdictions
- Distinguish the relationship between the BO requirement and other anti-tax treaty abuse provisions
- Illustrate the function of the BO requirement in the post-BEPS era
Block 1: Importance of the Concept of “Beneficial Ownership” (BO)
- Tax treaty provisions
- EU Directives
- Money laundering regulations and BO registries
Block 2: Meaning of BO under the OECD and UN Commentaries (1977-2021)
- Legal and economic entitlements
- Establishing BO based on factual circumstances
- The look-through approach
Block 3: Practical Interpretation and Application of BO
- Key case law from various countries and the ECJ on BO interpretation
- BO and substance
Block 4: Function of BO in the Post-BEPS Era
- Revisions to the preamble of tax treaties and the role of BO
- Entitlement to benefits rules (e.g., LoB and PPT) and their link to BO
- Illustrative examples of BO in practice
Bart Kosters - Senior Principal Associate Tax Services, IBFD
Carlos Gutiérrez Puente - Principal Research Associate Tax Services, IBFD
Vanessa Arruda Ferreira - Principal Associate Knowledge Centre, IBFD
Are you a tax professional employed in a multinational group, tax and legal advisory firm or government? This webinar will hugely benefit you, particularly if you are:
- An in-house tax professional or adviser, seeking to evaluate the impact of the implementation of BO requirements to access tax treaty benefits
- A legal professional reviewing the risk of tax controversy related to the interpretation and application of BO requirements in various jurisdictions
- A government official engaged in the enforcement of tax treaties regarding reduced withholding taxes or exemptions on dividends, interest, royalties, fees for technical services, etc., and those responsible for auditing payments to non-residents
This webinar is for tax knowledge of an intermediate level. You are expected to have at least 3 to 5 years of experience in international tax, and be familiar with key concepts in international tax law.
This is an on-demand tax webinar. Our on-demand webinars are intended for you to self-study only. Unlike live webinars, you will not be able to interact and the instructor will not be able to assist you. Once purchased, you will have access to it for a period of 12 months.
If you have any questions regarding registering for the webinar, technical requirements, or payments and cancellations, please consult our FAQ.
