BEPS: GLOBAL TAX FRAMEWORK & HOW IT APPLIES TO YOUR GLOBALLY MOBILE POPULATION

Transcription

1 BEPS: GLOBAL TAX FRAMEWORK & HOW IT APPLIES TO YOUR GLOBALLY MOBILE POPULATION PRESENTERS: CHIP MORGAN DEBRA MOSES MESA HODSON November 2017 BDO USA, LLP, a Delaware limited liability partnership, is the U.S. member of BDO International Limited, a UK company limited by guarantee, and forms part of the international BDO network of independent member firms.

2 WITH YOU TODAY CHIP MORGAN Partner, BDO USA International Tax Services DEBRA MOSES Partner, BDO Canada Expatriate Tax Services MESA HODSON Principal, BDO USA Expatriate Tax Services

3 WHAT BEPS MEANS FOR GLOBAL MOBILITY 4 BEPS: Permanent Establishments and Link with Tax/Global Mobility

4 WHAT BEPS MEANS FOR GLOBAL MOBILITY Overview A number of the OECD s Base Erosion and Profit Shifting ( BEPS ) Actions will impact on how enterprises manage and report on their globally mobile employees The following presentation addresses the Action points that are relevant for Global Mobility professionals It is important to understand the impact of BEPS on your company and when to involve your tax department and your tax and transfer pricing advisors 5

5 WHAT BEPS MEANS FOR GLOBAL MOBILITY What global mobility needs to focus on For international businesses, ensuring compliance with the OECD s BEPS Action Plan could help reduce corporate tax risks associated with globally mobile employees In order to become more compliant with the BEPS Action Plan, companies with globally mobile employees should consider the following key actions: Understand where you are today Plan ahead Establish specific rules Document effectively Ensure transfer pricing compliance 6

6 IN CONTEXT The Action Plan Against BEPS The OECD s 15-point action plan is outlined under three subheadings: Establish international coherence of corporate income taxation: Action 1: Address the tax challenges of the digital economy Action 2: Neutralise the effects of hybrid mismatch arrangements Action 3: Strengthen CFC rules Action 4: Limit base erosion via interest deductions and other financial payments Action 5: Counter harmful tax practices more effectively, taking into account transparency and substance Restore full effects and benefits of international standards through realignment of taxation and relevant substance: Action 6: Prevent treaty abuse Action 7: Prevent the artificial avoidance of PE status Action 8, 9, 10: Assure that transfer pricing outcomes are in line with value creation focusing on intangibles (8), risks and capital (9) and high risk transactions (10) Ensure transparency while promoting increased certainty and predictability: Action 11: Establish methodologies to collect and analyse data on BEPS and the actions to address it Action 12: Require taxpayers to disclose their aggressive tax planning arrangements Action 13: Re-examine transfer pricing documentation Action 14: Make dispute resolution mechanisms more effective Action 15: Develop a multilateral instrument 7

7 WHAT BEPS MEANS FOR GLOBAL MOBILITY Understand where you are today Evaluate activities of globally mobile employees and current tax strategies to develop a more concrete plan to address risk exposure to expected rule changes Heightened focus on substance, thus employment relationships and structures are expected to be examined more closely by tax authorities These relationships can often drive PE determination, employee taxability, transfer pricing implications, and indirect tax applicability among others Maintaining and enhancing adequate substance within the employment relationships and structures is going to be critical to manage unanticipated outcomes in case of challenge by the tax authorities 8

8 WHAT BEPS MEANS FOR GLOBAL MOBILITY Plan ahead Establish processes and procedures to track and monitor globally mobile employees create the structure needed to address future compliance requirements Solidify protocols and procedures to track mobile employees, including business travelers, in order to assess associated PE risk and comply with reporting and withholding requirements Data transparency and visibility will be key where tax authorities are becoming very technically savvy and exchange of information between authorities is becoming commonplace Knowing where employees are and what activities they are performing will be key in managing the detailed country-by-country requirements and associated compliance 9

9 WHAT BEPS MEANS FOR GLOBAL MOBILITY Establish specific rules Country-by-country (CbC) specific rules to ensure compliance with reporting requirements in each jurisdiction where a company does business, thereby minimizing the risk exposure The new country-based reporting requirements can be quite detailed. In order to successfully mobilize workforce and mitigate risks, teams need to be confident that the organization is using the appropriate method of initiating assignments and adhering to the most up-to-date standards Establish processes and procedures not only to support but drive compliance multidisciplinary approach to building these processes as necessary, looking from a tax, mobility, HR, finance, payroll and legal perspective 10

10 WHAT BEPS MEANS FOR GLOBAL MOBILITY Document effectively Ensure robust assignment and inter-company documentation is in place have the information needed to respond to increased scrutiny from tax authorities so as to avoid potential penalties Contemporaneous documentation to support assignments first line of defense in an audit situation in order to manage global tax risk Review mobility documentation for details on assignees activities, roles and responsibilities of the home and host entities, and alignment with the commercial reality and actual practice Important that document clarifies defacto or economic employment of the individual while on assignment, as well as lay the basis for cross-charge of costs between entities in line with transfer pricing regulations to manage risks 11

11 WHAT BEPS MEANS FOR GLOBAL MOBILITY Ensure transfer pricing compliance Assess cost recharge arrangements relative to globally mobile employees to ensure policies adhere to transfer pricing guidelines to remain outside any corporate tax requirements in the jurisdictions in which companies do business Institute appropriate cross-charging methodology and ensure that entities are adequately compensated for value created by each entity In addition to cross-charge of employees compensation, appropriate allocation for deemed transfer of intellectual property, that may be seen as being transferred on secondment of employees, may also be required added complexity 12

12 BEPS PROJECT AND MULTILATERAL INSTRUMENT 13 BEPS: Permanent Establishments and Link with Tax/Global Mobility

13 BEPS PROJECT AND MULTILATERAL INSTRUMENT Background and definitions Organization for Economic Co-operation and Development (OECD) project against base erosion and profit shifting ( BEPS ) Action point 7: Preventing the Artificial Avoidance of the PE status Globalization and technology allows many companies in one country to operate economically without having a controllable presence in another country: Use of exceptions to the classical concept of a PE Misuse of the agent concept ("Commissionaire structures") Split of contracts Consequences Many transactions remain untaxed Unfair allocation of taxation rights The profit is not taxed where the value-added activity takes place 14

14 BEPS PROJECT AND MULTILATERAL INSTRUMENT Background and definitions Different nexus rules exist for different taxes: Corporate Income tax- Permanent Establishment Value Added Tax (VAT) taxable supply of goods and services Payroll physical location where employees work Employer/Entity can be subject to one or more but not all BEPS Action Item 1 ecommerce Countries to coordinate on ecommerce VAT exception - each country may take steps to protect this revenue source 15

15 BEPS PROJECT AND MULTILATERAL INSTRUMENT Background and definitions Multilateral Instrument (MLI) MLI is intended to adapt a large number of Double Tax Treaties (DTT s) to international standards About 70 countries signed MLI on 7 th June 2017 But no complete harmonization Each country chooses which of their DTTs shall be amended by the MLI Both DTT countries have to agree with the application of MLI to their DTT The countries determine which BEPS regulation shall be integrated in the DTT 16

16 BEPS PROJECT AND MULTILATERAL INSTRUMENT Background and definitions Multilateral Instrument (MLI) continued The U.S. has not signed. Although the US Model Treaty is generally BEPS consistent, the actual U.S. treaties use the traditional definition of PE U.S. views tax law and treaties with equal authority so last in time concept prevails Many countries provide tax treaties as a higher authority above domestic tax law 17

17 BEPS PROJECT AND MULTILATERAL INSTRUMENT Signatories and parties of the multilateral convention 18

18 BEPS PROJECT AND MULTILATERAL INSTRUMENT Countries which have expressed their intent to sign the convention SUMMARY AND CONCLUSION About 70 jurisdictions have now signed, impacting approximately tax treaties when ratified (out of approximately tax treaties globally). OECD expects close to 100 countries to sign by the end of One of the big successes of the BEPS project: the first time, tax treaties can be modified without undergoing a bilateral treaty negotiation and ratification process. This will significantly speed up the implementation of these changes outside of the U.S. 19

19 BEPS PROJECT AND MULTILATERAL INSTRUMENT - TECHNICAL EXAMPLES 20 BEPS: Permanent Establishments and Link with Tax/Global Mobility

20 Key areas of focus: Strives to update the definition permanent establishment ( PE ) to counter artificial avoidance of PE status. This will involve: Ensuring that core activities cannot inappropriately benefit from the exception from PE status and that artificial arrangements relating to sales of goods and services cannot be used to avoid PE status; and Preventing the artificial fragmentation of business operations among multiple group entities to qualify for the exceptions to PE status for preparatory and auxiliary activities. OECD project to develop revised model treaty provisions and commentary 21

21 Actual situation before BEPS Taxable presence of a company in another country PE Classic PE Dependent Agent Construction PE 22

22 Specific activity exemption Impacts early stages of expansion into a new country Current rules - a PE is deemed not to exist when a place of business is used solely for storage, maintenance of stocks of goods for storage, display, delivery or processing, purchasing or the collection of information New rules - the activities referred to above must be of a preparatory or auxiliary nature Preparatory - emphasizing the short-term duration of the relevant activity Auxiliary - being an activity to support, without being part of, the essential and significant part of the activity of the enterprise as a whole 23

23 Specific activity exemption For example, storage and delivery activities to fulfill online sales do not have a preparatory or auxiliary character; whereas the storage of goods in a bonded warehouse during the custom clearance process would be acceptable Anti-fragmentation rules - introduced to prevent the fragmentation of a cohesive operating business into several small operations in order to get within the "preparatory or auxiliary" exemption Activities of related parties will be viewed as a whole when determining whether such activities would still fall within the "preparatory or auxiliary" exemption 24

24 1. Specific activity exemptions prior to BEPS Problem: Art. 5 (4) of the OECD Model Tax Convention (MTC) contains a list of activities that do not lead to a PE considered out of context (so called exemption catalogue ), e.g.: Storage of goods Keeping stock for delivery Purchasing goods Collecting information Original intention: this list only shall include auxiliary activities 25

25 1. Specific activity exemptions prior to BEPS according to the current legal situation, no PE in Germany, since business facilities is "only" a storage online retailer in Luxemburg purchaser in Germany storage in Germany value-adding activities in Germany non-taxed profits in Germany 26

26 1. Specific activity exemptions Example auxiliary activities: Is the large warehouse of a Luxembourg company with a significant number of employees, which is located in Germany and serves as a storage and for a timely delivery of online sold products to German customers (still) an auxiliary activity? NO, according to BEPS action point 7: Storage and delivery are an essential part of the company's sales activities! 27

27 1. Specific activity exemptions Solution according to the BEPS-Project: MLI adds the requirement: provided that such activity or... the overall activity of the fixed place of business, is of a preparatory or auxiliary character Preparatory activities: Preparatory activities precede what constitutes the essential and significant part of the activity of the enterprise as a whole. Short-term duration of the activities. Auxiliary activities: An activity that has an auxiliary character, on the other hand, generally corresponds to an activity that is carried on to support, without being part of, the essential and significant part of the activity of the enterprise as a whole. It is unlikely that an activity that requires a significant proportion of the assets or employees of the enterprise could be considered as having an auxiliary character. 28

28 1. Specific activity exemptions Results after BEPS project: PE in Germany because storage and delivery are an essential part of the company's sales activities! online retailer in Luxemburg purchaser in Germany profits taxed in Germany storage in Germany value-adding activities in Germany 29

29 Splitting up contracts Splitting up contracts artificially into shorter periods of less than 12 months in order to benefit from the "construction site" exemption 30

30 1. Specific activity exemptions Example for preparatory activities: Is the training of workers of a German construction company, which takes place in Austria before these workers are later dispatched to Switzerland (location of the construction site) a preparatory activity? YES: The training precedes the construction site and is carried out over a short period of time. construction site in Switzerland construction company in Germany training in Austria in rooms rented there NO PE 31

31 1. Specific activity exemptions Split of activities between separate business units If a company is operating in another country with a number of spatially and organizationally separate fixed business establishments, each of them performing activities of the exception clauses, shall be summarized if the activities are complementary. Company X business unit for sales activities PE Company X business unit for storage activities 32

32 1. Specific activity exemptions Split of activities between affiliated companies In the future this point of view shall be extended to the whole group of companies, that a company's activities performed through various business facilities as well as activities of affiliated companies are combined by different business facilities or the same business facilities. parent company business unit for sales activities PE subsidiary business unit for storage activities 33

33 1. Specific activity exemptions MLI adds an anti-fragmentation rule Taken separately each entity claims that activity is auxiliary Currently: no taxable presence MLI: add activities of related parties together to assess auxiliary nature 34

34 2. Splitting up contracts Problem Today A building site or construction or installation project constitutes a permanent establishment only if it lasts more than twelve months (see art. 5 (3) OECD MTC). Strategy of many companies splitting-up of a single construction process into several parts or phases, each with own contracts lasting less than 12 months. parent company phase 1 (4 months) subsidiary phase 2 (9 months) NO PE NO PE 35

35 2. Splitting up contracts Solution according to BEPS project Anti-fragmentation rule for construction PEs Periods of time of connected activities of one company or of several closely related companies are added parent company phase 1 (4 months) sum: 13 months Closely related: One company has control of the other company PE Especially if one company possesses directly or indirectly more than 50% of the shares in the other company subsidiary Both companies are under control of the same persons phase 2 (9 months) 36

36 Dependent Agent Test Impacts globally mobile senior executives, sales representatives and contractors who may be performing activities in relation to the conclusion of contracts in other tax jurisdictions Current rules - focuses on habitual conclusion of contract by the agent New rules - habitually concludes contracts or habitually plays the principal role leading to the conclusion of contracts that are routinely concluded without material modification Need to develop criteria for assessing whether the principal role test is met and the meaning of material modification ; little guidance now Will not apply where an intermediary acts in a principal, not agency, role (which might be true with certain low-risk distributor structures) 37

37 Independent Agent Exemption Tightening the circumstances in which an agent would be considered as independent For example, if an agent acts exclusively or almost exclusively for one or more enterprises to which it is closely related, it will not be an independent agent Enterprises are closely related if there is direct or indirect control of more than 50 percent of the beneficial interests or de facto control Many times agents are initially hired on a contract basis when an enterprise expands into a country and then brought on as full-time employees 38

38 3. Commissionaire arrangements and similar strategies Civil law countries Agent PE: A company has an agent PE in another country if a person (commission agent) is empowered to conclude contracts on behalf and in the name of this company, or otherwise bind this company and carries out this power of attorney habitually. PE in France due to an agent with power of attorney agent with power of attorney Company in Germany profit taxed in France 39

39 3. Commissionaire arrangements and similar strategies Civil law countries Commission agent model: NO power of attorney A person the commission agent sales goods in its own name, but on behalf of a foreign company who is the owner of the goods Commission agent is NOT taxed, since he isn t the owner of the goods. The foreign company will not be taxed in the country where the sale takes place, since there will NOT be established a PE. PE in France due to an agent with power of attorney agent with power of attorney profit taxed is NOT taxed in France Company in Germany 40

40 3. Commissionaire arrangements and similar strategies Civil law countries Problem: Tax structuring until now: companies acted in the other country by means of a distribution entity. Only by a simple contract change, the status of a distribution entity was downsized to the status of a commission agent. Result: A classic distribution entity and a commission agent perform the same duties: distribution of the foreign company s goods. But the profits earned by the commission agent in the source country remain untaxed. 41

41 3. Commissionaire arrangements and similar strategies Civil law countries Example: distribution company goods dividends customer in France distribution company in France profit taxed in France parent company in Germany 42

42 3. Commissionaire arrangements and similar strategies Civil law countries Example: distribution company goods customer in France distribution company in France profit (deducted by commission fee) profit in France NOT taxed parent company in Germany 43

43 3. Commissionaire arrangements and similar strategies Civil law countries Solution Extending the wording Today Conclusion of contracts in the name of the company Post BEPS Conclusion of contracts in the name of the company. Conclusion of contracts for transferring property belonging to the company or transfer of the right of use to goods which the company may use. Conclusion of contracts for which the company provides a service. No restriction on actions on behalf of the company! 44

44 3. Commissionaire arrangements and similar strategies Solution Agent PE is established even if contracts would not be concluded formally in the name of the company. The main focus of the term is not who is legally bounded anymore, but what is the subject of the contract. Contracts re. goods, rights of use and services on behalf of a company (not necessary on its own name) in one country are sufficient to establish a PE in the respective country. 45

45 3. Commissionaire arrangements and similar strategies Civil law countries Solution goods customer in France Commission agent PE profit taxed in France profit (deducted by commission fee) parent company in Germany 46

46 3. Commissionaire arrangements and similar strategies Civil law countries Agent PE Dependent agent without power of attorney An agent PE shall be established in the future if a person usually plays the key role for the conclusion of contracts and the final contracts will be concluded by the company without substantial changes. The usual use of the power of attorney responsible for the conclusion of contracts in the source country is not required anymore; a causal connection between the work of the agent and the conclusion of the contract is sufficient to establish an agent PE 47

47 3. Commissionaire arrangements and similar strategies Civil law countries Dependent agent A PE for a company in another country shall NOT be established due to the business activities of a broker, an ordinary commission agent, or of another independent agent. Problem: Contracts were concluded often in the name of the foreign company in the source country, but from an affiliated company that acts as an independent agent. 48

48 3. Commissionaire arrangements and similar strategies Civil law countries Independent agent Solution An independent agent shall not be assumed if the respective person acts exclusively or almost exclusively for one or more companies to which the person is related. A relation exists if one company has a share to another one directly or indirectly of at least 50%. If an agent brokers more than 90% of the turnover to related companies, the agent is NOT considered to be an independent agent. 49

49 3. Commissionaire arrangements and similar strategies Civil law countries Independent agent Solution An independent agent shall not be assumed if the respective person acts exclusively or almost exclusively for one or more companies to which the person is related. A relation exists if one company has a share to another one directly or indirectly of at least 50%. If an agent brokers more than 90% of the turnover to related companies, the agent is NOT considered to be an independent agent. 50

50 3. Commissionaire arrangements and similar strategies Civil law countries Situation with MLI No application of the commissionaire rules (art. 12 MLI): Australia Canada Germany Luxembourg United Kingdom In today s gig economy the line between independent agent and dependent agent/employees is becoming blurred Uber, for example 51

51 3. Commissionaire arrangements and similar strategies Common law countries Common law countries (U.S.) agent acting on behalf of undisclosed principal Options for distribution: Representative office: no contractual authority, a cost center (a non PE) Cost plus support office: no contractual authority, cost plus intercompany service fee Commission agent: not in chain of title, variable intercompany fee (percentage of revenues). A commission agent is not the same thing as a commissionaire. LRD (limited risk distributor): in chain of title, variable intercompany cost of goods sold Full-fledged distributor: in chain of title, variable intercompany cost of goods sold 52

52 Failure to appropriately manage the PE risks associated with mobile employees may result in: Additional reporting requirements Corporate tax exposure Penalties for non-compliance Reputational risk and Increased scrutiny from tax authorities 53

53 Conclusions and recommendations One of the main topics is the extension of the PE definition Recommendations: Timely analysis with the reform projects Verify whether or not the qualification of company activities is changing Consideration of whether the PE is to be avoided or whether the PE in the foreign country is useful Important: Possible taxable event, including the disclosure of hidden reserves, if Intellectual Property (IT) is assigned to a "new" PE abroad Some treaties (U.S. & Canada) have specific PE rules Most treaties apply generic PE rules across all types of businesses 54

54 OTHER ACTION POINTS Transfer Pricing has also been affected by action Items under the BEPS initiatives As part of an effort to ensure transparency of Transfer Pricing practices by taxpayers, BEPS addresses the following changes: Pre BEPS Limited transparency into how company operates globally Individual reports for each country focused on local rules One sided analysis focused solely on results of single entity Post BEPS CbC Report / Master File Local File provided along with CbC / Master File allows visibility to multiple jurisdictions into whole value chain Value chain analysis / profit split 55

55 OTHER ACTION POINTS Of the remaining action points 8, 9, 10 and 13 relate to transfer pricing and documentation Key Areas of Focus: A focus on a three-tiered approach for documentation to increase transparency and streamline the information necessary for the development of an audit through the creation of: A master file that provides an overview of the multinational group and business; A local file that provides additional detail on the operations and transactions relevant to that jurisdiction; and A country-by-country reporting template that provides summary data, by jurisdiction, with respect to the group s income, taxes, and indicators of economic activity. Allows local tax authorities to conduct more informed transfer pricing analyses. 56

56 OTHER ACTION POINTS A number of countries have enacted legislation which took effect on 1 January 2016 The Country by Country Report (CbCR) forms one part of the three-tiered transfer pricing documentation obligations It will provide information on a group s income and assets, including the number of employees located in each group entity, to tax authorities in every territory in which the group operates Allows tax authorities to identify where the level of profits does not align with an entity s substance, so they can consider challenging transfer pricing arrangements 57

57 OTHER ACTION POINTS Collating the employee data for each territory may be more complex than initially thought Which territory should a globally mobile employee be reported? The answer will vary depending on the type and length of assignment, the employment contract and whether a global employment company is used. Enterprises will need to think about ensuring the data on the CbCR is consistent with other employee information available to tax authorities, such as numbers reported on short term business visitor agreements and through visa applications 58

58 HOW DOES TRANSFER PRICING FIT INTO THIS PICTURE? What types of transactions are addressed under Transfer Pricing? When one entity undertakes any of the functions or bears any of the risks associated with the activities outlined below, there is a potential for compensation under transfer pricing rules. It s important to remember that correct attribution of intercompany profit will follow functions, risks and assets employed. Tangible Property (purchase/ sale of tangible goods) Services (contract R&D, management and administrative, etc.) Loans, Interest, Guarantee Fees, and Cash Pooling Intangible Property (licensing of intellectual property ( IP ), royalty payments, IP migration, etc.) Leases / Rental Charges Cost Sharing Arrangements (product R&D, marketing, etc.) 59

59 HOW DOES TRANSFER PRICING FIT INTO THIS PICTURE? What are some common Transfer Pricing misconceptions? Transfer pricing is merely a tax issue that is eliminated upon consolidation for book purposes. Related party transactions can be bundled and assessed on an aggregated basis. A single global transfer pricing documentation report will satisfy transfer pricing documentation requirements for all local jurisdictions. Transfer pricing is a compliance-based service that adds little value to a multinational enterprises global business operation. Transfer pricing is not affected by movement of employees or provision of services or activities engaged in by seconded employees. 60

60 NEXT STEPS As a result of BEPS, enterprises should: Establish procedures to track and monitor global mobile employees and to develop the ability to assess associated PE risk Establish compliance rules for country-by-country based reporting Ensure robust assignment and inter-company documentation is in place Assess cost recharge arrangements relative to mobile employees to ensure policies adhere to transfer pricing guidelines (ie. recharge in line with the value created by the employee) BDO can help you prepare for the changes under BEPS 61

61 BIOGRAPHY Chip Morgan Chip s career has been centered on international tax for over 31 years. He has been an ITS partner with two of the Big 4, where he advised clients across a broad range of industries, geographies and transactions. In addition, he has industry experience as VP Tax for a semiconductor manufacturer and a software company, where he had practical experience with implementing and defending international tax structures, and working to keep the tax structures aligned with the underlying business operations as they evolve over time. Chip has worked in New York, Brussels, San Jose and Los Angeles and has assisted companies ranging from startups to very large, mature enterprises. He has deep technical knowledge, combined with practical hands on experience cmorgan@bdo.com Direct: Mobile: Anton Boulevard Suite 500 Costa Mesa, CA Tel: Fax:

62 BIOGRAPHY Debra Moses, CPA, CMA, EA Debra has over twenty-four years of experience in Expatriate Tax She assists multinational companies with Global Mobility, including Canadian and U.S. Income Tax Compliance, Payroll, Social Security, Compensation, Global Equity and Tax Policy Consulting. Debra is a member of BDO s Global Expatriate Centre of Excellence as well as the Expatriate Strategy Group, along with the other BDO country leads of Expatriate Tax. She is also a member of BDO s Global Equity and the Global Customized Payroll teams. Debra has taught the CICA In-Depth Tax Course and has written various tax articles. dmoses@bdo.com Direct: De La Gauchetière West St. Suite 200 Montréal QC H3B 4W5 Canada Tel: Fax:

63 BIOGRAPHY Mesa Hodson Direct: Mobile: Mesa Hodson is a Principal in the Expatriate Tax Services. She has over 30 years of experience in the individual tax area assisting both U.S. citizens and foreign nationals working on international assignments. Mesa spent the first 20 years of her career in Big Four firms serving the expatriate population of large corporate clients. She has managed the tax return compliance for international tax programs of various sizes and consulted on tax equalization policy and expatriate payroll for the corporate programs. Mesa has also assisted companies with sending their first expatriates on assignment. She has worked with both public and private companies across multiple industries including Oil & Gas, Engineering, Aviation and Real Estate. Mesa has spoken at the SHRM Global HR conference on basic expatriate tax issues. She has also hosted a panel discussion at the conference on the topic of U.S. Financial & Estate Tax Issues for International Assignees. Mesa hosted a panel discussion on HR, Legal and Individual Tax issues companies need to consider for international assignments at the Financial Executives International (FEI) Summer Breakfast Series Allen Parkway, 20th Floor Houston, TX Tel: Fax:

64 BDO is the brand name for BDO USA, LLP, a U.S. professional services firm providing assurance, tax, advisory and consulting services to a wide range of publicly traded and privately held companies. For more than 100 years, BDO has provided quality service through the active involvement of experienced and committed professionals. The firm serves clients through more than 60 offices and over 500 independent alliance firm locations nationwide. As an independent Member Firm of BDO International Limited, BDO serves multi-national clients through a global network of 67,700 people working out of 1,400 offices across 158 countries. BDO USA, LLP, a Delaware limited liability partnership, is the U.S. member of BDO International Limited, a UK company limited by guarantee, and forms part of the international BDO network of independent member firms. BDO is the brand name for the BDO network and for each of the BDO Member Firms. Material discussed is meant to provide general information and should not be acted on without professional advice tailored to your firm s individual needs BDO USA, LLP. All rights reserved. 65