הכנס השנתי למיסוי בינלאומי אתגרים של חברות ישראליות גלובליות סוגיות נפוצות יום שלישי ירון כפרי, שותף מיסוי בינלאומי

Transcription

1 יום שלישי אתגרים של חברות ישראליות גלובליות סוגיות נפוצות ירון כפרי, שותף מיסוי בינלאומי

2 hanges to the International Tax Environment MLI Multilateral Instrument TD The nti Tax voidance Directive Tax ontroversy Digital Taxation עמוד 2

3 Rapid Tax udit and ssessments Permanent Establishment ( ); Preventing the Granting of Treaty enefits; Transfer Pricing; עמוד 3

4 Permanent Establishment עמוד 4

5 Identifying Potential Risk long the Value hain Plan Design uy Make Store & Move Market & Sell Service High risk Procurement office goods for resale Toll manufacturing access to stock Group logistics / warehouse access to stock ommissionaire / DP structures Procurement office indirect Toll manufacturing restricted access to stock 3 rd party logistics / warehousing access to stock Limited risk local distributor flash title entral contract multiple < 1 year Purchasing representative ontract manufacturing Group logistics / warehouse restricted access Limited risk local distributor with inventory entral contract one-off < 1 year Low risk entralised planning entralised design Local procurement Full risk local manufacturing 3 rd party logistics / warehousing restricted access Full risk local distributor Fully local aftersales service ctivities occur in a country, or if the enterprise (or a closely related enterprise) has a in that very country, there is a risk that they may constitute a or that they are aggregated to create a in that country if these activities can be seen as complementary to each other and forming part of a cohesive business operation See appendix II for further examples עמוד 5

6 llocation of Profit to Permanent Establishment In a post EPS environment, additional profit may be attributed to a permanent establishment in the foreign country Pre EPS ost + / ommission Pre Sale (gent) $ 1,000 ompany Sales 55 (OGS) (50) Profit 5 No Total profit allocated to : 5 Post EPS ost + / ommission Pre Sale (gent) $ 1,000 ompany Sales 55 Sales 1,000 (OGS) (50) (OGS) (900) Gross Profit 5 Gross Profit 100 D (gent) (55) Profit 45 Total profit allocated to : 50 * D = Dependent gent עמוד 6

7 May Trigger dditional Taxation or Just ompliance urden dditional Profit due to Location of Functions Low Inventory orders Inventory risk acceptance bad debts risk Pre Sale (gent) *D Hedging urrency risks High * D = Dependent gent עמוד 7

8 Decision Roadmap for Dealing with Potential Risk risk identified onsider declaring a or change structure (e.g. commissionaire to LRD or to branch structure) onsider improvements to existing internal governance procedures to manage the risk, keep operating model as is PROS Mitigates risk/potential penalties ertainty on taxable position Opportunities for improving efficiency and effectiveness of operating model ONS Increased administrative and compliance and costs (e.g., registration, filing tax return for ) Self precedent and transition issues orporate tax, indirect tax and other operational risk impacts on operating model PROS Manage/mitigate/reduce risk No effect on existing operating model Limited (initial) compliance costs ONS orporate, indirect tax and other operational risk impacts on operating model Risk of penalties/fines for failure to declare if tax authority asserts exists Reputation risk if tax authority asserts exists Potential wage tax/personal income tax consequences for employees What is the level of TP remuneration? Does existing TP need to be revisited? עמוד 8

9 Tax Models for Sales & Distribution ctivities urrent Model New Model uy / Sell Distribution LRD No hange urrent Model New Model Sales ranch No hange Master Distributer Foreign Supply chain Management risks עמוד 9

10 Treaty enefits עמוד 10

11 Treaty enefits Migration of companies urrent structure New structure *Holding o. *No material substance *Migration to or to // *Material substance PPT / LO No treaty benefits PPT / LO Eligibility for treaty benefits עמוד 11

12 Treaty enefits (cont.) Providing more substance to the Holding o. Pre EPS Post EPS New structure Master Distributor Master Distributor Master Distributor LRD PPT / LO No treaty benefits PPT / LO Eligibility for treaty benefits Level of Profitability in the branches remains the same עמוד 12

13 Proposed Structure Supply chain management Regional management Inventory orders ustomer acceptance Switzerland usiness ompany Low effective tax rate usiness income Treaty benefits Sale branch Sale branch Fino. LRD s LRD s Pre Sale Low remuneration Limited risk Loan עמוד 13

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