Intercompany financing facing new challenges. EY Africa Tax Conference September 2014

Similar documents
The BEPS project is the beginning, but is the end in sight?

Cyprus Tax Update. Kyiv May 2018

The new global tax environment. What the global focus on Base Erosion and Profit Shifting (BEPS) means for your business

Next Generation Fund Structuring Are you ready? 10 May 2017

India releases Annual Report covering transfer pricing and international tax developments

Real estate funds. Are you leaving money on the table?

EU Commission approves enhancements to Madeira International Business Center Tax Regime

Headline Verdana Bold International Tax matters ICPAU Tax Seminar, Hotel Africana November, 2017

OECD issues Action Plan on Base Erosion and Profit Shifting (BEPS)

OECD meets with business on base erosion and profit shifting action plan

Permanent establishments. Recent trends and developments

UK s bilateral APA program for financial transactions is in line with growing global approach

How global megatrends could change tax in Africa

Global Tax Alert. Spain proposes amendments to the Spanish ETVE and participation exemption regimes. Executive summary. Detailed discussion

THE FUTURE OF TAX PLANNING: TRANSPARENCY AND SUBSTANCE FOR ALL? Friday, 26 February AM PM Conrad Hotel, Hong Kong

India introduces secondary adjustment and interest limitation rules

BEPS Country-by-Country Reporting Rules and New Documentation Requirements

South Africa issues Budget 2015

Global Tax Alert. OECD releases report under BEPS Action 13 on Transfer Pricing Documentation and Country-by-Country Reporting.

Global Tax Alert. Singapore Tax Authority releases updated transfer pricing guidelines. Executive summary. News from Transfer Pricing

Austria publishes draft regulation for implementation of Transfer Pricing Documentation Law

New Zealand s incoming Government to prioritize International tax reforms

Tanzania issues transfer pricing guidelines

Egypt implements new transfer pricing guidelines

New Australia- Germany Tax Treaty enters into force

Japan and Chile sign income tax treaty

Practical Implications of BEPS

Spain enacts tax reform

Significant tax changes: UK implications for captive insurers

Inland Revenue Authority of Singapore releases 2016 Transfer Pricing Guidelines

Record to report. Are you audit ready?

Global Tax Alert. Spain releases second draft bill amending Spanish tax system. Executive summary. Detailed discussion

Global Tax Alert. Spain releases draft bill of Spanish tax system reform. Executive summary. Detailed discussion

Recent developments in international tax

When The Dust Has Settled (Part 1)

Asia-Pacific update. TEI International Tax Planning Houston. 21 February 2017

US Tax Reform. Key provisions and their impacts on financial services companies. EMEIA Financial Services January 2018

Permanent establishments risk in Africa

Value chain perspectives and their increased importance under BEPS, tax policy and technological change

EU state aid and other developments. 18 November 2016

IBFD Course Programme Current Issues in International Tax Planning

South African Revenue Service releases public notice on recordkeeping for transfer pricing transactions

Hong Kong and India sign income tax treaty

Asia Pacific Customs and Trade Conference

BEPS for telecommunications companies

OECD releases final report on CFC rules under BEPS Action 3

Cyprus Tax Authority issues guidance on revised transfer pricing framework for intra-group financing activities

UK Tax Authority launches Profit Diversion Compliance Facility

Spain proposes to strengthen CFC rules

Why Legal Entity Management matters Webcast 2014

Indian Tax Administration releases draft rules on Country-by-Country reporting and Master File implementation for public comment

Dutch Government releases fiscal policy agenda

IBFD Course Programme International Tax Planning after BEPS and the MLI

India revises Country Chapter comments in UN Practical Manual on Transfer Pricing Issues for Developing Countries

Dutch Government launches internet consultation to amend the Dividend Withholding Tax Act

Intellectual property in the age of BEPS

EY Han Young newsletter May Transfer Pricing Alert

OECD releases the United States peer review report on implementation of BEPS Action 14 minimum standards

Why Legal Entity Management Matters IV

OECD releases France peer review report on implementation of Action 14 Minimum Standards

OECD, UN, IMF and World Bank issue toolkit for addressing difficulties in accessing comparable data for transfer pricing analysis

BASE EROSION AND PROFIT SHIFTING ISSUES : THAILAND

International Tax Update

Barbados conducting review on OECD-designated preferential regimes

Denmark publishes draft bill to implement EU ATAD

New Zealand to implement wide ranging international tax reforms

OECD releases Switzerland s peer review report on implementation of BEPS Action 14 minimum standards

G20/OECD: BEPS, Intangibles, ICE and Transfer Pricing. Brazil October 2013

Japan releases guidance on transfer pricing documentation requirements

Study on Structures of Aggressive Tax Planning and Indicators

Mauritius enacts changes to tax regime for corporations with global business licenses

EU AG issues opinion on Danish withholding tax on dividends and interest

UK issues position paper update on corporate tax and the digital economy

IBFD Course Programme Current Issues in International Tax Planning

Hong Kong-India income tax treaty enters into force

Global Transfer Pricing Review kpmg.com/gtps

Australia s revised exposure draft on hybrid mismatch tax rules: A detailed review

Towards tax harmony in Africa. Africa Tax Conference 2015

OECD releases Germany peer review report on implementation of Action 14 Minimum Standards

Indonesia releases amendments to the anti-tax treaty abuse rules

Indian Tax Administration releases final rules on Country-by-Country reporting and Master File implementation

Turkey amends transfer pricing legislation

US Outbound Investment

South African Revenue Service issues Country-by Country reporting, master file and local file guidance

Base erosion & profit shifting (BEPS) 25 May 2016

EYGS UK tax strategy. Financial year ending 30 June 2017

Pakistan implements formal transfer pricing documentation and Country-by- Country Reporting requirements

EU Finance Ministers reach conclusions on new rules for Code of Conduct

Why Legal Entity Management Matters

Global Tax Alert. OECD releases report under BEPS Action 2 on hybrid mismatch arrangements. Executive summary

Deloitte TaxMax The 43 rd series One bold step in the right direction. Theresa Goh & Subhabrata Dasgupta l 22 November 2017 By Deloitte Tax Academy

IRAS release of e-tax guide: Transfer Pricing Guidelines (Fourth edition)

Indonesia implements new transfer pricing documentation requirements in line with BEPS Action 13

Transfer Pricing Alert

Sri Lankan tax authorities implement transfer pricing regulations

The International Tax Landscape

Managing operational tax risk through technology

Ireland publishes Independent Review of Irish Corporate Tax Code

Irish Government announces Budget 2016 and publishes update on international tax strategy

OECD invites comments on discussion draft on treaty residence of pension funds

Transcription:

Intercompany financing facing new challenges EY Africa Tax Conference September 2014

Panel Moderator Ide Louw International Tax EY South Africa Panel Joseph Pagop Noupoue EY Jemimah Mugo EY Kenya Michael Hewson EY South Africa Craig Whitley White & Case Patrick Oparah EY Nigeria Page 2

Agenda Challenges to intercompany financing Debt pricing Treasury companies Page 3

Challenges to intercompany financing Page 4

Global tax risk More risk Change in the global tax risk landscape Behavior and attitude to tax risk has changed Global tax risk assessment by territory HQs: global and regional Hub Co Main Op Cos Response strategies Understanding risk: CBCR Unilateral domestic law changes proliferate: GAARs Interest and royalty deductibility Anti-treaty abuse Tax authorities have access to more information: Exchange of information CBCR Fiscal authority challenges are increasing: Aggressive tax assessments Tax fraud allegations UN vs. OECD divergence: Transfer pricing Emerging markets PE threshold Generalized increase in source taxation Hub Co rulings and APAs require full value chain transparency Rate drivers Group capital structure: External debt Hybrid financing Finance and treasury centers Trading model: TP policy Principal companies Other significant Hub Cos: IP holding Tangible assets Captive risk management Repatriation management strategies Assessing potential change drivers HQ: CFC Effective management Holdco substance: Dividend withholding tax Hub Co: Tax haven No treaty 0% rate Exempt branch Discretionary ruling Statutory tax incentive: Intragroup financing rendered less effective due to anti-beps measures Patent box Notional interest deduction Low rate Source territory: Profit attribution Deductibility of payment Withholding tax: BEPs risk assessment Overall risk reduction: TP policy and documentation upgrade PE risk management policy upgrade TP and PE training Removal of tax haven entities Use of unilateral and bilateral APAs Use of private letter rulings and clearances Prioritize transparency and cooperative compliance and accelerated settlement of legacy issues Specific risk reduction: Restructure finance structures impacted by BEPs measures Rebalance capital structure vs. supply chain Revisit Hub Cos: Treaty access Substance Location Form of local tax shelter Revisit and renew rulings Less risk Page 5

Latest OECD developments Developing countries and international organizations identify key relevant BEPS issues including: Base erosion caused by excessive payments to foreign affiliated companies Profit shifting through supply chain restructuring Difficulties in obtaining the information needed to assess and address BEPS issues, and to apply their transfer pricing rules Treaty abuse Tax incentives with little demonstrable benefit Page 6

Thin capitalization in Africa Heat map Thin Capitalization rules No Thin Capitalization rules Page 7

East Africa Page 8

West Africa Page 9

Francophone Africa Page 10

South Africa Page 11

Legal and regulatory Page 12

Debt pricing Page 13

Debt pricing The following steps need to be undertaken when pricing an intragroup financing arrangement: Purpose of the loan Source of the financing Benchmarking Page 14

Treasury companies Page 15

The evolution of treasury Global treasury center Regional treasury center Global payment factory for accounts payable and accounts receivables In-country cash management Decentralized model for commercial and treasury flows Arm s-length treasury Regional model with overlay solution Centralized treasury operations, i.e., FX hedging and intercompany funding Multi-bank electronic banking Regional model with integrated structure Centralized commercial flows, i.e., netting or reinvoicing center Centralized transaction flows, i.e., shared service center Automated treasury flows (sweeping and pooling) Global in-house bank for accounting, funding and investments Global liquidity structures Multi-currency investment portfolio Off-balance sheet investments Page 16

Response More risk Change in the global tax risk landscape Behavior and attitude to tax risk has changed Global tax risk assessment by territory HQs: global and regional Hub Co Main Op Cos Response strategies Understanding risk: CBCR Unilateral domestic law changes proliferate: GAARs Interest and royalty deductibility Anti-treaty abuse Tax authorities have access to more information: Exchange of information CBCR Fiscal authority challenges are increasing: Aggressive tax assessments Tax fraud allegations UN vs. OECD divergence: Transfer pricing Emerging markets PE threshold Generalized increase in source taxation Hub Co rulings and APAs require full value chain transparency Rate drivers Group capital structure: External debt Hybrid financing Finance and treasury centers Trading model: TP policy Principal companies Other significant Hub Cos: IP holding Tangible assets Captive risk management Repatriation management strategies Assessing potential change drivers HQ: CFC Effective management Holdco substance: Dividend withholding tax Hub Co: Tax haven No treaty 0% rate Exempt branch Discretionary ruling Statutory tax incentive: Intragroup financing rendered less effective due to anti-beps measures Patent box Notional interest deduction Low rate Source territory: Profit attribution Deductibility of payment Withholding tax: BEPs risk assessment Overall risk reduction: TP policy and documentation upgrade PE risk management policy upgrade TP and PE training Removal of tax haven entities Use of unilateral and bilateral APAs Use of private letter rulings and clearances Prioritize transparency and cooperative compliance and accelerated settlement of legacy issues Specific risk reduction: Restructure finance structures impacted by BEPs measures Rebalance capital structure vs. supply chain Revisit Hub Cos: Treaty access Substance Location Form of local tax shelter Revisit and renew rulings Less risk Page 17

EY Assurance Tax Transactions Advisory About EY EY is a global leader in assurance, tax, transaction and advisory services. The insights and quality services we deliver help build trust and confidence in the capital markets and in economies the world over. We develop outstanding leaders who team to deliver on our promises to all of our stakeholders. In so doing, we play a critical role in building a better working world for our people, for our clients and for our communities. EY refers to the global organization, and may refer to one or more, of the member firms of Ernst & Young Global Limited, each of which is a separate legal entity. Ernst & Young Global Limited, a UK company limited by guarantee, does not provide services to clients. For more information about our organization, please visit ey.com. 2014 EYGM Limited. All Rights Reserved. ED 0115 In line with EY s commitment to minimize its impact on the environment, this document has been printed on paper with a high recycled content. This material has been prepared for general informational purposes only and is not intended to be relied upon as accounting, tax, or other professional advice. Please refer to your advisors for specific advice. ey.com EYG no: DL1069