Allan Cinnamon is the managing director of Cintax the Word Limited, a consultancy that provides tuition and online information on cross border tax planning. He is a member of The Tax Faculty’s Large Business and International Tax Committee
He specialised in international tax planning for more than 35 years in a long career with BDO. Prior to his retirement as a partner, he was the firm’s head of international tax and chairman of the BDO International Tax Committee. He then continued in the role of international tax consultant to the firm, advising clients on all aspects of cross border planning, appraising new legislation on international issues, creating and running the firm’s and BDO International’s international tax training programmes, and writing articles for professional journals.
Allan teaches and speaks on a wide range of international tax subjects, principally on cross border planning and on tax treaties. Presentations include seminars at Queen Mary, University of London and The Institute of Advanced Legal Studies.
He was the founding editor of the CCH Worldwide Tax Guide. He has also written many articles on international tax planning including a regular series for Tax Journal (Fiscal Odyssey) and Tax Analysts/Tax Notes International (Letter from London), and currently writes a quarterly Tax Treaty Briefing for Tax Journal.
A major project has been the creation of an International Tax Structuring database for the IBFD online Research Platform which is regularly updated to reflect current events. it comprehensively analyses the domestic and foreign tax issues requiring consideration by businesses expanding internationally at each stage of the natural business cycle. The Summaries included at the end of each section serve as a practical checklist.
Example Subject Areas
1.International Tax Planning – lntroductory
The course serves as an introduction to international tax planning for lawyers looking for an understanding of how international tax planning has an important role to play in the structuring of a UK group’s foreign operations and how the new BEPS climate will impact on existing and upcoming cross border structures. Adopting a practical approach, it focuses on a typical UK group expanding abroad by typical stages.
No previous knowledge of international tax planning is required.
Who Should Attend?
Lawyers requiring a basic but in-depth understanding of the importance of international tax planning in advising clients doing business or investing abroad.
Areas covered will include:
Building blocks: Corporate residence, CFC’s, Treaty impact, EU law, BEPS, Special features in foreign jurisdictions
A practical case study will analyse the UK and foreign tax consequences (including the impact of BEPS, State Aid and the EU Tax Avoidance Directive) arising through the international expansion of a UK business developing by stages into an international group.
2. International Tax Planning – Advanced
Based on a practical a case study approach, the course will focus on cross-border planning techniques for outbound investment from the UK .Host countries considered will include Europe, USA and the Far East
Lawyers with a knowledge of the basics of international tax planning wishing to refine their knowledge of the subject.
Areas covered will include:
Recap of UK building blocks including residence, effective management, CFC, EU law and tax treaties
• Selling and servicing abroad
• Is there a permanent establishment?
• Impact of the internet
• Financing and licensing
Incorporating the foreign branch
• Holding, trading, financing and licensing companies
• Acquiring a foreign target
• Mergers and reorganisations
• Exiting the investment
3. Double Tax Treaties- Introductory
The course will serve as an introduction to tax treaties and the crucial role that they play in corporate international tax planning .
The course will analyse the relevant articles of the OECD Model Treaty and the explanatory Commentary as they impact on company operations outbound from, and inbound to, the UK..
The course will also include discussion of some of the current practical topics covered in the speaker’s regular Tax Treaty Briefing in Tax Journal.
No previous knowledge of tax treaties is required.
Lawyers with an involvement in corporate international tax, or who are new to it, who require a basic but in- depth understanding of relevance of double tax treaties to international tax planning.
Areas covered will include:
– Treaty residence
– Permanent Establishments, including the Digital Economy
– Dividends, Interest and Royalties
– Capital Gains
– Relief for Double Taxation
– Non- Discrimination
-Anti- Avoidance including the impact of BEPS
4. Double Tax Treaties in International Tax Planning
The course will consider the practical aspects of UK and international cases, government
actions and trends across the world that interpret and apply tax treaties to business
operations. This is a rapidly changing area exemplified by BEPS Actions 6 and 7 and its
inpact on current treaties.
The course will analyse the relevant articles of the OECD Model Treaty in relation to the
crucial role they play in international tax planning for UK companies expanding and
operating abroad; and for foreign companies doing business and investing into the UKUsing
the OECD Model Treaty and Commentaries as a reference point, the course will provide an
appreciation of the fundamentals and subtleties of tax treaties and their practical application
The course is equally suitable for lawyers new to the subject and those wishing to refine their knowledge
Topics covered will include:
-Residence and dual residence
-Is there a taxable PE?
-The Digital Economy
-Services PE’s/Withholding Taxes
-Business Profits – The new Article 7, Non-discrimination, Impact on CFCs
-Shipping and Aircraft
-Dividends and Interest
-Widening the ambit of UK withholding tax
-selling foreign subsidiaries/India, China etc
-s.13 TCGA: Treaty protection
– Double Tax Relief
– planning with exemptions
-Non- Discrimination: Opportunities
-The impact of BEPS
-The future shape of tax treaties with recent examples
5. International Tax Planning for UK companies outbound to the USA
The course will consider tax planning strategies for UK companies doing business in the USA in the current atmosphere of BEPS, The EU Tax Avoidance Directive and other current international tax developments A prime consideration will be how best to sensibly combine the essential elements of current UK and US tax , especially in the light of current antiavoidance legislation in both jurisdictions. Adopting a practical approach, the course will be based on a case study of a typical UK company expanding into the US market .
Lawyers with clients currently operating and investing in the USA, or who are planning to do so. US tax principles.
Areas covered will include: -Types of US entity -US sourcing rules – US withholding taxes -US Trade or Business -State Taxes -Sales & Use Taxes -Consolidated Returns -US Real Property -Anti- Avoidance including BEPS -The UK/ US Tax Treaty UK/US Planning. Areas covered will include: -Trading with the USA -US Branch -Incorporating into a US Subsidiary -Dual Resident Companies and the Mutual Agreement Procedure -Financing – Licensing – Real Property – Consolidated Returns -Repatriation -Acquiring a US Target -Exiting the investment