1. INTERNATIONAL FINANCIAL MANAGEMENT EUN / RESNICK Fifth Edition Copyright © 2009 by The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill/Irwin

2. Fifth Edition Chapter Objective: This chapter provides a brief introduction to the international tax environment. 21 Chapter Twenty-One International Tax Environment and Transfer Pricing 21-1

3. Chapter Outline The Objectives of Taxation Types of Taxation The National Tax Environments Organizational Structures for Reducing Tax Liabilities The Objectives of Taxation Tax Neutrality Tax Equity Types of Taxation The National Tax Environments Organizational Structures for Reducing Tax Liabilities The Objectives of Taxation Types of Taxation Income Tax Withholding Tax Value-Added Tax The National Tax Environments Organizational Structures for Reducing Tax Liabilities The Objectives of Taxation Types of Taxation The National Tax Environments Worldwide Taxation Territorial Taxation Foreign Tax Credits Organizational Structures for Reducing Tax Liabilities The Objectives of Taxation Types of Taxation The National Tax Environments Organizational Structures for Reducing Tax Liabilities Branch and Subsidiary Income Payments to and from Foreign Affiliates Tax Havens Controlled Foreign Corporation The Objectives of Taxation Types of Taxation The National Tax Environments Organizational Structures for Reducing Tax Liabilities 21-2

4. The Objectives of Taxation The twin objectives of taxation are: 1.Tax Neutrality 2.Tax Equity 21-3

5. Tax Neutrality A tax scheme is tax neutral if it meets three criteria: 1. Capital Export Neutrality: the tax scheme does not incentivise citizens move their money abroad. 2. National Neutrality: taxable income is taxed in the same manner by the taxpayer’s national tax authorities regardless of where in the world it is earned. 3. Capital Import Neutrality: the tax burden on a MNC subsidiary should be the same regardless of where in the world the MNC in incorporated. 21-4

6. Tax Equity Tax Equity: regardless of the country in which an affiliate of a MNC earns taxable income, the same tax rate and tax due date should apply. The principal of tax equity is difficult to apply; the organizational form of the MNC can affect the timing of the tax liability. 21-5

7. Types of Taxation Income Tax Withholding Tax Value-Added Tax 21-6

8. Income Tax An income tax is a tax on personal and corporate income. Many countries in the world obtain a significant portion of their tax revenue from income taxes. An income tax is a direct tax, that is one that is paid directly by the taxpayer upon whom it is levied. 21-7

9. Corporate Income Tax Rates in Selected Countries 21-8

10. Withholding Tax Withholding taxes are withheld from the payments a corporation makes to the taxpayer. The taxes are levied on passive income earned by an individual or corporation of one country within the tax jurisdiction of another country. Passive income includes dividends and interest income, income from royalties, patents, or copyrights. A withholding tax is an indirect tax. 21-9

11. U.S. Tax Treaty Withholding Rates Selected Countries Dividends CountryInterest Paid by U.S. Corporation Qualifying for Direct Dividend RateRoyalties Nontreaty countries30 Australia101550 Belgium15 50 Canada101550 China10 France01555 Germany01550 Ireland01550 21-10

12. Value-Added Tax A value-added tax is an indirect national tax levied on the value added in production of a good or service. In many European and Latin American countries the VAT has become a major source of taxation on private citizens. Many economists prefer a VAT to an income tax because the incentive effects of the two taxes differ sharply. 21-11

13. Value-Added Tax An income tax has the incentive effect of discouraging work. A VAT has the incentive effect of discouraging consumption (thereby encouraging saving). VATs are easier to administer as well. While taxpayers have an incentive to hide their income, producers have an incentive to make sure that their upstream suppliers in the production process declare the value added (and pay the tax!). 21-12

14. Value-Added Tax Calculation In this example, the tax rate is 15 percent. Suppose that stage one is the sale of raw materials to the manufacturer; stage two is the sale of finished goods to a retailer; stage three is the sale of inventory from the retailer to the consumer. Production Stage Selling Price Value Added Incremental VAT 1€100 2€300€200 3€380 €80 Total VAT = €100 .15 = €200 .15 = €80 .15 = €380 .15 €15 €30 €12 €57 21-13

15. Other Types of Taxation A wealth tax is a tax levied not on income but on the wealth of a taxpayer. Property taxes are an example. A poll tax is a tax on your existence. It is so called because it was collected from those who wished to vote. 21-14

16. The National Tax Environments Worldwide Taxation Territorial Taxation Foreign Tax Credits 21-15

17. Worldwide Taxation Tax national residents of the country on their worldwide income no matter in which country it was earned. 21-16

18. Territorial Taxation Territorial taxation tax residents based upon where the taxable event occurred. 21-17

19. Foreign Tax Credits Allows taxpayers to recover somewhat from double taxation. Direct foreign tax credits are computed for direct taxes paid on active foreign-source income of a foreign branch of a U.S. MNC or on withholding taxes withheld from passive income. Indirect foreign tax credits are for income taxes deemed paid by the subsidiary. 21-18

20. Organizational Structures for Reducing Tax Liabilities Branch & Subsidiary Income Payments to and from Foreign Affiliates Tax Havens Controlled Foreign Corporation Foreign Sales Corporation 21-19

21. Branch & Subsidiary Income An overseas affiliate of a U.S. MNC can be organized as a branch or a subsidiary. A foreign branch is not an independently incorporated firm separate from the parent. Branch income passes directly through to the parent’s income statements. A foreign subsidiary is an affiliate organization of the MNC that is independently incorporated. Income may not be taxed in the U.S. until it is repatriated, under certain circumstances. 21-20

22. Payments to and from Foreign Affiliates Having foreign affiliates offers transfer price tax arbitrage strategies. The transfer price is the accounting value assigned to a good or service as it is transferred from one affiliate to another. If one country has high taxes, don’t recognize income there—have those affiliates pay high transfer prices. If one country has low taxes, recognize income there—have those affiliates pay low transfer prices. 21-21

23. Transfer Pricing & Related Issues The Transfer Price is the price that for accounting purposes, is assigned to goods and services flowing from one division of a firm to another division. Controversial even for a domestic firm. Consider the example of a firm that has one division that mills lumber and another that makes furniture. The transfer price of the lumber is a political as well as economic and accounting issue. 21-22

24. Transfer Pricing & Related Issues For MNC, there exists the added complications of: Differences in tax rates. Import duties and quotas. Exchange rate restrictions on the part of the host country. Most countries have regulations controlling transfer pricing. In the U.S., the tax code requires transfer prices to be arms length prices. 21-23

25. Arms Length Price A price that a willing seller would charge a willing unrelated buyer. The IRS prescribes three methods for estimating an arms length price Comparable uncontrolled price. Resale price: the price at which the good is resold by the affiliate is reduced by overhead and profit. Cost-plus approach: an appropriate profit is added to the cost of the manufacturing affiliate. 21-24

26. Blocked Funds A form of political risk is the risk that the foreign government may impose exchange restrictions on its own currency. Several methods exist for moving blocked funds: Transfer pricing Unbundling services Parallel and back-to-back loans Swaps 21-25

27. Blocked Funds Additional strategies for unblocking funds: Export creation Direct negotiation  Using the blocked funds to buy goods and services for the MNC.  For example, use the National Airlines of the host country for travel of executives of the MNC, and pay for the tickets with the blocked funds.  Transfer local expatriates from home payroll to the local subsidiaries payroll. 21-26

28. Tax Havens Tax havens are countries with low corporate income tax rates and low withholding tax rates on passive income. Tax havens were once useful as locations for a MNC to establish a shell company. The Tax Reform Act of 1986 greatly diminished the need for and ability of U.S. corporations to profit from the use of tax havens. 21-27

29. Controlled Foreign Corporation The Tax Reform Act of 1986 created a new type of foreign subsidiary: the controlled foreign corporation. A controlled foreign corporation is a foreign subsidiary that has over half of its voting stock held by U.S. shareholders—even if these shareholders are unaffiliated. 21-28

30. Controlled Foreign Corporation The undistributed income of a minority foreign subsidiary of a U.S. MNC is tax deferred until it is remitted via a dividend. This is not the case with a controlled foreign corporation—the tax treatment is much less favorable. The result is that foreign tax credits are unlikely to be completely used. 21-29

31. End Chapter Twenty-One 21-30