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New England Region Spring Seminar
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When: 4/16/2015
7:30 AM
Where: Babson College - Wellesley Campus
Reynolds Campus Center
Conference ROom 245 A/B
United States
Contact: Brigitte Muehlmann

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Permanent establishments – what’s the fuss about?

Spring Seminar organized by the International Fiscal Association
New England Region

For the first time at Babson College

When Thursday, April 16, 2015
7:30 – 8:00 a.m. Networking Breakfast
8:00 – 8:10 a.m. Dean Will Lamb’s Welcome
8:10 – 10:30 a.m. Seminar

Where Babson College – Wellesley Campus
Reynolds Campus Center, Conference Room 245 A/B

Overview During this seminar we will take an in-depth look at the “permanent establishment” (PE) concept, including the current definition and the dramatic changes being considered by the OECD in Action 7 of the Base Erosion and Profit Shifting (BEPS) project. We will then look at the “attributable profits” concept to see what the consequences can be from having a PE, including classic transfer pricing rules but also some alternatives being considered (e.g., the modified nexus approach set forth in BEPS Action 5 and the Transactional Profit-Split Method of BEPS Action 10). We also hope to look at the phenomenon of countries not waiting for consensus and jumping the gate (and tell you why a “dawn raid” is not a good thing).

The Seminar will have two sections:

Part One will address current thinking about what a PE is (not just the OECD view but revisiting the concepts of what it means to bind the non-resident and also addressing services performed locally on behalf of the non-resident). We will take a brief look at the dawn-raid phenomenon in Italy, France, and Spain.

Part Two will address attributed-profits/transfer pricing issues (TP) associated with a PE (however determined), including classic TP methodology (functions, risks and assets) and discussion of alternatives, such as modified nexus and related substance discussion in BEPS Action 5, and the transactional profitsplit method of BEPS Action 10. Brief over view of the proposed country-bycountry reporting procedures as well.

Speakers Mary Bennett - Baker & McKenzie, Washington, DC
Mary Bennett is a partner in Baker & McKenzie's Tax Practice Group. She has more than 30 years of international tax experience, including senior positions with both the U.S. Treasury and the Organization for Economic Cooperation and Development (OECD). Mary has been recognized as one of America’s leading tax lawyers by Chambers USA.

Mark Colabella - EMC Corporation, Hopkinton, MA
Mark Colabella is Vice President, International Tax, at EMC Corporation. He leads team of 20 global employees at a $25 billion revenue leader in computer storage, software and information life cycle management. Mark’s specialties are tax planning, U.S. corporate tax law and mergers and acquisitions.

Catherine Schultz - National Foreign Trade Council, Washington, DC
Catherine Schultz is the Vice President for Tax Policy at the NFTC. Her responsibilities include international tax policy including legislative, regulatory, administration, and tax treaty activity. Prior to joining the NFTC, she was a Principal at Capital Strategies Group, LLC, where she represented client interests on pending tax legislation and served as a legislative advocate.

Moderator: Brainard Patton – Boston University School of Law, Boston, MA Brainard (Skip) Patton is a practicing attorney, retired from the Boston office of PwC. He previously spent fifteen years with several Fortune 150 companies, where he was International Tax Director. Skip is a member of the Executive Committee and President Emeritus for the US Branch of the International Fiscal Association.

Directions Main entrance: 231 Forest Street, Babson Park, MA 02457
Parking: Lot T – Trim (#8)
Seminar: Reynolds Campus Center (#25)

We look forward to your participation. No registration required. Breakfast sponsored by PwC. For additional information, contact Brigitte Muehlmann,


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