Machado Meyer, São Paulo
Celso has extensive experience in M&A, reorganizations, cross-border transactions, transfer pricing and general advisory. Solid background in corporate law. Accounting skills acquired in a leading accounting firm. In depth knowledge of administrative litigation. Continuously involved in several of the largest M&As, reorganizations and IPO's. His practice includes advisory on financial and insurance services, infrastructure, information technology, manufacturing and mining advisory.
Mr. Sánchez began his career in the tax practice of Arthur Andersen Asesores Legales y Tributarios before joining Cuatrecasas in 1998.
Throughout his career, Andrés Sánchez has specialized in advising on tax issues relating to crossborder transactions in the following four areas: foreign investment in Spain, Spanish investment abroad, the restructuring of multinational groups, and projects and infrastructure.
Regarding foreign investment in Spain, he has experience in private and public M&A, and in advising foreign groups on setting up in Spain. He has also advised Spanish groups on both carrying out M&A transactions and setting up abroad. Mr. Sánchez has advised on restructuring Argentinean, Brazilian, Colombian and Mexican groups into Spanish holding companies, as well as advising European, US and Asian groups on investing in Latin America.
He has extensive experience in projects, having advised on the high-speed train connection between Spain and France, and led the team advising on tax issues in relation to building the gas pipeline between Spain and Algeria (Medgaz Project).
He also has in-depth knowledge of transfer pricing (e.g., reorganizing the value chain, handling litigation issues, and preparing documents) and ample experience in advising the holders of large estates on tax issues, having handled high-profile cases over tax residence before the Spanish courts.
Utumi Lawyers, São Paulo
Weil, Gotshal & Manges, Washington, DC
Procopio, Cory, Hargreaves & Savitch, San Diego
Foley & Lardner, Mexico City
Machado Meyer, São Paulo
Galicia, Mexico City
SMPS Legal, Mexico City
9.00: Welcome coffee and registration
9.30: Chairs’ morning welcome
9.40: Morning keynote – Outbound perspectives
10.10: Inbound perspectives in the post US Tax Reform era – two years down the road
This panel will discuss the consequences of the 2017 US tax reform and its effect on investments in Latin America. How has the reform, which encouraged companies to bring their profits back to the US, impacted US and multinational companies’ investment behaviours? The discussion will bring Latin American perspectives and cover everything from acquisition structures and exit strategies to foreign tax credit and treasury management to anti-deferral regimes.
11.20: Coffee Break
11.40: Digital economy: Taxation of cryptocurrency and digital presence
This extended panel will include two separate topics related to the digital economy. First up is the role of bitcoin and other forms of cryptocurrency, and the growing number of players involved (investors, brokers, exchange and services companies). Specific tax regulations linked with the phenomenon are few, leaving interested parties with a lot of uncertainty. This panel will address existing regulations in several jurisdictions in the region and their consequences on cross-border acquisitions, cryptocurrencies sales and coin valuations.
The panel will then to turn to where the corporate taxation of companies active in digital economy should take place. How do Latin American jurisdictions address transactions in the digital economy in relation to non-resident entities that are doing business, raising capital or investing from specific countries’ borders. What are the strategies to attract local taxation on such businesses? Which taxes are imposed? Are jurisdictions prepared to handle with the challenges of the swiftly evolving digital economy?
12.55: Networking Lunch
14.10: Afternoon keynote – Trends in Latin American tax reforms
14.40: Funding operations in Latin America: International cash pooling
With multinational companies doing business through multiple subsidiaries across Latin America in different currencies, cash pools are a necessary and useful financial tool for companies. Their importance has only grown as financial and market instability bites. This panel will analyse current tax regulations’ impact on cross-border financing structures and cash pooling arrangements in the region. The discussion will take into consideration rules about intragroup financing, interest deductibility, withholding and VAT taxation. Panellists from several jurisdictions will provide a comparative analysis to demonstrate how different Latin American countries regulate these transactions and identify the best jurisdictions to settle treasury activities.
15.40: Coffee break
15.55: Disclosure of uncertain tax positions
Tax planning is the target of IFRS, BEPS and tax authorities’ actions across the region. This panel will focus on the current and potential future obligations imposed on taxpayers to disclose their uncertain tax position. What is the status of IFRIC 23 (uncertainty over income tax treatments) in the region? Panellists will also discuss the legality of these disclosures in different local legal and regulatory frameworks. It will also cover the role of lawyers and how they handle matters and advise clients in this context.
16.55: M&A transactions: Indirect transfer of assets
Another year has past since US’ largest tax reform in decades was passed. Together with the BEPS actions and amendments to local tax codes, these regulations play important roles in Latin America’s globalised markets. How are these changes impacting interantional and cross-border M&A transactions? This panel will focus on the indirect transfer of assets held by multinational companies. What are the tax consequences for companies in these transctions? How does local capital gains taxation in different jurisdictions affect transactional strategies? How should local advisors guide their clients? The discussion will include perpsectivs from different countries and include issues about price allocation, anti-evasion rules and the need for local contracts.
17.55: Chairs’ closing remarks