Speeches

  • At the ABA in Washington, D.C. in May 2017 Viva Hammer https://www.americanbar.org/news/abanews/aba-news-archives/2017/05/aba_section_of_taxat.html  and others discussed the impact of the House Ways and Means Blueprint https://waysandmeans.house.gov/taxreform/  on multinationals 2017-5-12 ABA FAUST FINAL and other tax reform proposals ABA May Meeting International Tax Developments 05102017 v6 and also the impact of a destination based cash flow tax (DBCFT) on financial services, including the experience with VAT, GST ABA Fin Services May Meeting 2017-05-11 v7
  • At the Wall Street Tax Association Spring Seminar in May 2017, Viva Hammer and others discussed the effect of the Border Adjustment Tax (BAT) on financial services 2017-5-17 WSTA Financial services DBCFT
  • At the D.C. Bar Association meeting in April 2017 Preparing for A Sea Change on Comprehensive Tax Reform at the offices of Jones Day      http://www.jonesday.com/files/Event/64093f38-b267-4a67-b92b-edeeba41fc38/Presentation/EventAttachment/c22c7d95-c1f8-40e1-ba7c-e8033123a845/MATERIALS%20-%20%20Preparing%20for%20a%20Sea%20Change%20-%20A%20Conference%20with%20the%20Government%20and%20Private%20Sector%20To%20.pdf  the agenda for which is here 2017-4-20 DC Bar Preparing for a Sea Change Business Tax Reform Agenda   Viva Hammer spoke with Steven Bunson of Goldman Sachs and others on the DBCFT and the financial sector 2017-4-20 DC Bar Taxation of Financial Transactions under the DBCFT    Viva Hammer also spoke with Danielle Rolfes, Sally Gilligan of Gap Inc., and Chad Pearson of Best Buy, Inc. on the destination based cash flow tax at the retail sector 2017-4-20 DC Bar Retail Sector
  • At the International Tax Institute www.internationaltaxinstitute.org in New York in April 2017, Viva Hammer and others talked about the destination based cash flow tax and the problem of branches and subsidiaries 2017-4-13 Branches and Subsidiaries DBCFT
  • At the Practising Law Institute in New York in January 2017, Viva Hammer and others discussed The Modernization of Derivatives Tax Act (MODA) Senator Wyden’s proposal for the taxation of derivatives.  Presentation is here 2017-1-17 PLI MODA, reported BNA Bloomberg 2017-01-25-Bloomberg Market to Market Possible Reproduced with permission from Daily Tax Report 11 DTR G-3 (Jan. 18, 2017).  Copyright 2018 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bna.com> Reported by Tax Analysts 2017-1-17 TNT PLI MODA
  • At the DC Bar in May 2016, Viva Hammer and others discussed the principles and policy behind the U.S. taxation of inbound taxation, the presentation is here DC Bar 5-25-16, the which was reported by Tax Analysts 2016-05-26 TNT DC Bar Inbound BNA Bloomberg 2016-05-26 TNT DC Bar Inbound Reproduced with permission from Daily Tax Report, (May 26, 2016). Copyright 2018 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bna.com>
  • At the DC Bar in March 2016, Viva Hammer and others talked about the Sixth Circuit case WRIGHT v. COMMISSIONER OF INTERNAL REVENUE, concerning a tax shelter called the “Major Minor” shelter which touched on questions from Internal Revenue Code sections 1256 and 988. The presentation from the case is here  2016-3-9 DC Bar on Wright decision Bloomberg BNA reported on the panel “Taxpayers Win in Indecision Over Foreign Currency Options” 2016-3-9 Bloomberg DC Bar  Reproduced with permission from Daily Tax Report, 47 DTR G-3 (Mar. 10, 2016) by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bna.com> Tax Analysts reported on the panel , “Court Decision Spurs Foreign Currency Option Treatment Debate,” in Tax Notes 2016-3-14 TNT DC Bar The Wright case can be found here http://www.ca6.uscourts.gov/opinions.pdf/16a0007p-06.pdf
  • At the ABA panel in Houston in January 2015 in Houston Viva Hammer gave an outline of some high level policies to consider in the BEPS discussion.  BEPS v4
  • In Houston at the American Bar Association, Viva Hammer gave the luncheon speech about tax reform, the approaches of the President and the Committee on Ways and Means, 871(m), insurance companies and the use of derivatives in hedging the gap between assets and liabilities, and capital asset hedging under mark to market.  The speech can be found here.  Hammer reform speech  Bloomberg reported on the speech Bloomberg ABA 2015-1 Reproduced with permission from Daily Tax Report, 21 DTR G-10 (Feb. 2, 2015). Copyright 2015 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com
  • At the PLI panel in New York in January 2015, Viva Hammer of the Joint Committee on Taxation discusses 871(m) and cross border derivatives 2015-1 PLI 871m Bloomberg  Reproduced with permission from Daily Tax Report 06 DTR G-9 (Jan. 9, 2015). Copyright 2015 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bna.com>
  • Tax Analysts quotes Viva speaking at a Practising Law Institute panel in New York on 871(m) and cross border derivatives.  2015-1 PLI 871(m) TNT slides from the panel here 2015-1 PLI 871(m)
  • Previewing Senator Cardin’s Progressive Consumption Tax, at the Practising Law Institute in Los Angeles, Viva Hammer outlines some of the major challenges introducing a GST or VAT into the US 2014-12 PLI TNT GST  the details of which can be found here http://www.cardin.senate.gov/newsroom/press/release/cardin-introduces-a-comprehensive-progressive-pro-growth-approach-to-tax-reform
  • Speaking at a Practising Law Institute panel in Los Angeles, Viva Hammer suggests a new approach to withholding tax, sourcing of income and tax treaty treatment of cross border derivatives 2014-12 PLI X border swaps TNT slides from the panel here 2014-12 PLI Fin Prods 2014-12 PLI Fin Prods
  • Two panels at the American Bar Association May 2013 meeting featured Viva Hammer, “Is there a Mark to Market in Your Near Future,” a discussion of the Ways and Means Financial Products Tax Reform Discussion Draft 2013-5 ABA Derivatives Tax Reform; “Recent Developments,” on the international tax implications of tax reform including treatment of derivatives 2013-5 ABA Fin Prods Update
  • Viva Hammer delivered testimony on the Financial Products Tax Reform Discussion draft before the Subcommittee on Select Revenue Measures, Committee on Ways and Means, on March 20, 2013 VivaHammer Testimony FinProducts. Her oral testimony can be accessed here http://waysandmeans.granicus.com/MediaPlayer.php?view_id=2&clip_id=449
  • Viva Hammer joins others in a discussion of foreign currency issues in January 2013 at the New York PLI Financial Products conference PLI 2013 Financial Products FX issues as reported in the press 2013-1-17 FX at PLIAt the keynote speech for the New York State Society for CPAs (NYSSCPA) Foundation for Accounting Education, Viva Hammer discussed “Our Tax Future – The View From Washington.”  Our Tax Future – The View from Washington
  • Leading PLI panels in November 2012 in Chicago, and December 2012 in Los Angeles, Viva Hammer and others discuss debt equity cases ScottishPower, PepsiCo Puerto Rico, Hewlett-Packard Inc., Historic Boardwalk Hall, LLC, and Final Regulations – Section 1.1273-2(f) Publicly Traded Property Chicago PLI 2012
  • Participating in an American Bar Association panel in September 2012 in Boston, Viva Hammer and other drafters of the notional principal contract rules debated their meaning and future, as reported in Tax Notes Today Sept. 18, 2012 2012-9-14 ABA NPC panel 2012-9-14 ABA NPC
  • Leading an American Bar Association panel in May 2012 in Washington DC on the central banking issues in a post Dodd-Frank world, Viva Hammer asked the central question: What should the definition of a bank be for tax purposes and why?  2012-5 ABA Bank Defn  2012-5 ABA Banking
  • Viva Hammer led the Tax Management International Forum discussion in Spring 2012 in Paris on the taxation of Contingent Convertible instruments, which will become increasingly important in a post Dodd-Frank and Basel III world.  CoCos Forum Final
  • The Practicing Law Institute in January 2012 in New York convened a panel on the US taxation of Contingent Convertible notes in the Dodd-Frank context and Viva Hammer discussed several tax questions that have yet to be answered by the IRS and Treasury.  2012-2 PLI CoCos
  • The Practicing Law Institute in January 2012 in New York convened a panel on the US tax consequences of Dodd-Frank .  Viva Hammer has contributed the most important piece of writing in the area.  2012-1 PLI Dodd-Frank
  • In Los Angeles for the Practicing Law Institute in December 2011,Viva Hammer led a panel including Steven Larson of the IRS and Edward Kleinbard on tax developments in the financial products area.  PLI LA 2011 2Dodd-Frank continues to surprise the financial world as women on the buy side heard at the Glass Hammer event with comments by Viva Hammer and representatives from BlackRock, Pimco and Bank of America 2011-9-18 Glass Hammer Dodd-Frank http://www.theglasshammer.com/news/2011/07/28/a-brave-new-regulatory-environment-the-glass-hammers-women-on-the-buy-side-breakfast-panel/
  • Hedging transactions and straddles have come to the fore as the IRS chases derivatives that once lay sleeping.  Viva Hammer, Patrick White of the IRS and John Newton of Prudential Financial debate the latest controversies.  2011 FBA Hedging Presentation finalIn January 2011 in New York at a PLI seminar, Viva Hammer, Andrew Needham, Michael Novey and Matthew Stevens debate the tax outcomes of past economic crises and their impact on the one we’re still digging out of. 2011 PLI Financial Transactions
  • Tax is the sleeping tiger in Dodd-Frank; Viva Hammer led a discussion with Stephen Larson and K Scott Brown of Financial Institution and Products at the IRS Chief Counsel and John Newton of Prudential Financial in December 2010 for the DC Bar, and with Stephen Larson and Phoebe Mix of Financial Institution and Products at the IRS Chief Counsel at the American Bar Association in Boca Raton, FL in January 2011.2010-12 DC Bar 1256 Dodd-Frank2010-12 DC Bar 12562011 ABA FL Marking Without Section 1256
  • “Corporate Taxes and Dodd-Frank’s Derivatives Rules”, AgendaWeek, December 20, 2010. Viva Hammer spoke at the Women Corporate Directors meetings in DC in October and in New York in November and surprised audiences by informing them that Dodd-Frank has serious tax consequences most people haven’t considered.  See this write up in AgendaWeek 2010-12 AgendaWeek Dodd-Frank
  • “IRS Eases Slightly In Dispute Over Derivatives Tax”, Dow Jones Newswires, November 23, 2010. Viva Hammer spoke about the taxation implications of deliberate betting on hedges, and the different responses to be expected to genuine errors and to post facto manipulations. IRS Eases Slightly In Dispute Over Derivatives Tax
  • “International Taxation – Financial Products Issues,” Tax Executives Institute – Baltimore-  Washington Chapter’s Ninth Annual Tax Education Day, Bethesda, November 2009“Taxes, Audits and How to Be Prepared,” Associated Builders and Contractors Institute, Orlando, October 2009“Tiering process, tiered issues, and resolution strategies,” Tax Executives Institute – New York Chapter Ninth Annual Conference, New York, October 2009
  • “Derivatives Regulation: Tax Implications,” American Bar Association, Chicago, September 2009
  • “Developments in Financial Instruments, Hedges and Swaps,” Insurance Tax Seminar, Federal Bar Association, Washington, D.C., May 2009
  • “Issuing or Amending Your Debt? Beware the Taxman! Tax Pitfalls in Issuing or Amending Debt during the Credit Crisis” Association of Financial Professionals, Webinar, April 2009, speech received highest ranking from participants of all AFP seminars for the period
  • “Unresolved Financial Product Issues Arising from the Credit Crisis,” Federal Bar Association, Washington, D.C., March 2009
  • “Tax Planning Strategies for Derivative Financial Products,” Strafford Publications, Washington, D.C., March 2009
  • Created series of public events on Credit Derivatives
  • “Credit Default Swaps: Exploring the Controversy”
  • Webinar: “Litigation and Bankruptcy,” November 20, 2008
  • Seminar: “Market Forces, Litigation, Regulation, Accounting and Tax,” New York, December 2008
  • “Credit Derivatives: Eye of the Storm,” American Bar Association, New Orleans, January 2009
  • “Unsolved Problems in the Taxation of Credit Derivatives,” American Bar Association, New Orleans, January 2009
  • “Credit Derivatives: Eye of the Storm,” Foundation for Accounting Education, New York, NY, January 2009
  • “The Growing Hotbed of Activity in Financial Product Audits; Current Issues Involving Derivatives, Hybrid Instruments and Hedging of Interest Rate, Foreign Currency and Commodity Price Risks,” Crowell & Moring Tax Audit Seminar, Washington, DC, September 2008
  • “Unrelated Business Income Tax and Credit Derivatives,” Opalesque Inaugural Series of Hedge Fund Workshops, Yale Club, New York, July 2008
  • “Big Changes for Munis and the Interest Deduction? the People’s Savings case: How much of a revolution is the PSB case in the way we think about banks getting interest deductions and owning munis?” American Bar Association, Washington, DC, May 2008
  • “Taxation of Derivatives 101,” Financial Research Associates, Princeton Club, New York, April 2008
  • Moderator, Investment Management Current Developments Panel and Moderator, Banking Current Developments Panel, American Bar Association, Las Vegas, January 2008
  • “Tax Legislative Initiatives Targeted at Investment Partnerships,” Investment Partnership Conference, Foundation for Accounting Education, New York, October 2007
  • “How Should a Corporation Strategically Review its Capital Markets and Financial Activities?”
  • Managing Tax Audits & Appeals, Crowell & Moring, Washington, DC, October 2007
  • “A Primer on Aviation Taxes,” 12th Annual Corporate Aircraft Transactions, Strategic Research Institute, New York, July 2007.
  • Investment Management Current Developments Panel, esp. discussion of carried interests, American Bar Association, Washington, DC, May 2007
  • “The Action/Reaction Cycle to Financial Products Innovation,” The Intersection of Taxes and Investing, Leonard N. Stern School of Business, New York University Solomon Center, New York, NY, April 2007, with Edward D. Kleinbard
  • “Accrual of Interest on Nonperforming Loans,” “Commodity Investments by Mutual Funds and Other Current Developments,” American Bar Association, San Diego, February 2006
  • “Washington Developments,” Foundation for Accounting Education, New York, 2001-2006
  • “Credit Default Swaps,” DC Bar Association, Washington, DC, May 2005
  • “Current Developments in Financial Products,” American Bar Association, Washington, DC, May 2005, and San Francisco, CA, September 2005
  • Address to Investment Management Committee; “ECAPS,” American Bar Association, San Diego, January 2005
  • “Foreign Currency Options,” American Bar Association, Orlando, FL, January 2004
  • “Financial Products Update,” Foundation for Accounting Education, New York, January 2004
  • “FELINE PRIDES and Similar Products,” American Bar Association, Chicago, September 2003
  • “Prides and Other Hot Issues,” DC Bar Association, Washington, DC, September 2003
  • “Current Issues in Financial Products,” Wall Street Tax Association, Washington, DC, June 2003
  • Financial Products,” Federal Bar Association, Washington, DC, June 2003
  • “Financing Techniques Using Debt and Forward Contract Investment Units,” American Bar Association, Washington, DC, May 2003
  • “DECS, STRYPES Ruling,” American Bar Association, San Antonio, January 2003
  • “Modifications of Non-Debt Financial Instruments,” “Partnership Options,” American Bar Association, Los Angeles, CA, October, 2002
  • “Hedging Regulations,” American Bar Association, Washington, DC, May 2002
  • Luncheon speech to financial group at American Bar Association, New Orleans, LA, January 2002
  • “Current Financial Product Issues,” DC Bar Association, Washington, DC, January 2002
  • “Hedging Regulations,” “Notional Principal Contracts,” American Bar Association, Washington, DC, May 2001
  • “Tax Cut Proposals,” and “Views from the Hill and Pennsylvania Avenue,” Tax Coalition Issues Forum, The Homestead, Hot Springs, VA, April 2001
  • “Monetization Techniques,” DC Bar Association, Washington, DC, January 2001
  • “Tax and Credit Derivatives,” Credit Derivatives Conference, IBFD, Amsterdam, Netherlands, March 2000
  • “Use of Derivatives in Corporate Tax Planning,” Derivatives Tax Planning Conference, Information Management Network, New York, December 1999
  • “Financial Products:  The Customer’s Perspective,” Bank Tax Institute, Orlando, December 1998
  • “Energy Price Risk Management,” Electric and Gas Issues Forum, New York, December 1998
  • “New Financial Products and Tax Implications,” Bank Tax Institute, Orlando, December 1997
  • “U.S. Tax and the E.M.U.,” U.S. Council for International Business, Washington, DC, November 1997
  • “Maximizing Foreign Tax Credit Benefits,” Council for International Tax Education, New York, October 1997
  • “Taxation of Capital Markets Transactions,” Tax Select, Houston, October 1996