GLOBALHR Executive Workshop Seattle, Washington March 2011 Patrick Riley Partner T A X.
-
Upload
louisa-webster -
Category
Documents
-
view
216 -
download
1
Transcript of GLOBALHR Executive Workshop Seattle, Washington March 2011 Patrick Riley Partner T A X.
GLOBALHR Executive Workshop
Seattle, WashingtonMarch 2011
Patrick Riley Partner
T A X
© 2011 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name, logo and “cutting through complexity” are registered trademarks or trademarks of KPMG International. Printed in the U.S.A. 15352ANC
2
Notice
ANY TAX ADVICE IN THIS COMMUNICATION IS NOT INTENDED OR WRITTEN BY KPMG TO BE USED, AND CANNOT BE USED, BY A CLIENT OR ANY OTHER PERSON OR ENTITY FOR THE PURPOSE OF (i) AVOIDING PENALTIES THAT MAY BE IMPOSED ON ANY TAXPAYER OR (ii) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY MATTERS ADDRESSED HEREIN.
Notwithstanding anything to the contrary set forth herein, you (and your employees, representatives, or other agents) may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of any transaction, and all materials of any kind (including opinions or other tax analyses) that are provided to you by KPMG LLP related to such tax treatment and tax structure, effective immediately upon commencement of discussions with KPMG LLP.
The information contained herein is of a general nature and based on authorities that are subject to change. Applicability of the information to specific situations should be determined through consultation with your tax adviser.
© 2011 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name, logo and “cutting through complexity” are registered trademarks or trademarks of KPMG International. Printed in the U.S.A. 15352ANC
3
Overview of today’s session
Localization: The big picture
What is localization? Why localize? Why is it a “hot topic” Issues to consider
Localization: The details
Provisions
© 2011 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name, logo and “cutting through complexity” are registered trademarks or trademarks of KPMG International. Printed in the U.S.A. 15352ANC
4
KPMG’s localization survey
Increased interest in localization prompted a “current issues” survey Survey launched on August 15, 2010 Survey is dynamic To date, 113 participants Survey closed as of November 15, 2010
Localization: The big picture
© 2011 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name, logo and “cutting through complexity” are registered trademarks or trademarks of KPMG International. Printed in the U.S.A. 15352ANC
6
What is localization?
“Textbook” definition
Localization is the process of transforming an expatriate remuneration package (including base salary, incentive compensation, risk benefits, perks, Social Security, and retirement plans) into one that is identical to that available to locally hired employees, with the understanding that the employee does not intend to return to his or her original country of employment.
© 2011 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name, logo and “cutting through complexity” are registered trademarks or trademarks of KPMG International. Printed in the U.S.A. 15352ANC
7
Terminology:Today’s focus = Localized employees
Localization is converting an expatriate to local status Local employee is a person working for an organization in his or her home country
- A person that chooses to live in a country other than his/her country of citizenship or nationality can be a direct hire and, thus, a local employee
Employees can also move indefinitely or transfer as a local to a new country This session specifically addresses employees that were on an expatriate assignment who
are localized
© 2011 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name, logo and “cutting through complexity” are registered trademarks or trademarks of KPMG International. Printed in the U.S.A. 15352ANC
8
Why localize?
Original assignment length has ended and…
Employee would like to remain in the host country No local candidate available for the position Employer would like to eliminate assignment allowances and benefits (cost reduction)
© 2011 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name, logo and “cutting through complexity” are registered trademarks or trademarks of KPMG International. Printed in the U.S.A. 15352ANC
KPMG’s localization survey
9
What are the primary reasons for localizing an assignee (select all that apply)?
50%
81%
60%
38%
17%
25%
29%
Assignment has ended and the company wants to eliminate assignment costs
Long-term assignee’s intent to return to the home country has changed; he or she would
like to remain in the host country location
Business case/need identif ied
Budgets, costs, or other f inancial drivers
Long-term presence is needed to forge cultural ties for business relationships
Equitable and fair in comparison to the host country peers
Reduces special deals and exceptions
Assignment has ended and the company wants to eliminate assignment costs
Long-term assignee’s intent to return to the home country has changed; he or she would
like to remain in the host country location
Business case/need identified
Budgets, costs, or other financial drivers
Long-term presence is needed to forge cultural ties for business relationships
Equitable and fair in comparison to the host country peers
Reduces special deals and exceptions
© 2011 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name, logo and “cutting through complexity” are registered trademarks or trademarks of KPMG International. Printed in the U.S.A. 15352ANC
Localization = “Hot topic”
Localization has always been a popular topic because: There’s a perception that it is a cheaper alternative than a full expatriate package It is an easy way to reduce the expatriate population It is a leading practice when done properly after a prescribed assignment length
10
© 2011 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name, logo and “cutting through complexity” are registered trademarks or trademarks of KPMG International. Printed in the U.S.A. 15352ANC
11
Localization = “Hot topic” (continued)
Localization was a popular concept, but very rarely implemented Localizing long-term expatriates was often overlooked when economic times were good Current economic climate brought scrutiny to program costs and localizing became a reality
© 2011 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name, logo and “cutting through complexity” are registered trademarks or trademarks of KPMG International. Printed in the U.S.A. 15352ANC
12
KPMG’s localization survey
Does your organization currently have formal localization policies/procedures/guidelines in place?
Yes49%
No51%
© 2011 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name, logo and “cutting through complexity” are registered trademarks or trademarks of KPMG International. Printed in the U.S.A. 15352ANC
13
KPMG’s Localization Survey (continued)
If you answered “No,” does your organization have plans to put formal localization policies/procedures/guidelines in place?
43%
20%
6%
31%
Yes, within the next 12 months
Yes, within the next 2 years
Yes, within the next 3 – 5 years
No, our organization does not have plans to put a formal localization policy/procedure/guidelines
in place
Yes, within the next 12 months
Yes, within the next 2 years
Yes, within the next 3–5 years
No, our organization does not have plans to put a formal localization
policy/procedure/guidelines in place
Yes, within the next 12 months
Yes, within the next 2 years
Yes, within the next 3–5 years
No, our organization dose not have plans to put a formal localization policy/procedure/guidelines in place
© 2011 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name, logo and “cutting through complexity” are registered trademarks or trademarks of KPMG International. Printed in the U.S.A. 15352ANC
14
Localization: Policies and procedures
Many organizations consider to develop a localization policy Localization policies should be flexible to accommodate the needs of the employee/employer
and home/host country combinations
© 2011 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name, logo and “cutting through complexity” are registered trademarks or trademarks of KPMG International. Printed in the U.S.A. 15352ANC
15
Localization issues – High level
Determine eligibility of employee and location Address legal issues at home and host
- Review contracts, collective agreements, qualified plan rules, severance requirements
- Visa and immigration issues Establish local remuneration package; conduct cost comparisons
- Focus on LOCAL market compensation levels, including retirement
- Account of “special” benefits (e.g., schooling, tax assistance)
© 2011 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name, logo and “cutting through complexity” are registered trademarks or trademarks of KPMG International. Printed in the U.S.A. 15352ANC
16
Localization issues – High level (continued)
Review and document personal financial implications for employee
- Near-term: taxability of country-of-origin assets
- Long-term: retirement plans, Social Security, FX risks
- Risks of reversal Confirm and document permanence of arrangement
- Employee and employer document understanding of arrangement
- Acknowledge tax impact and filing obligations
- Acknowledge impact of green card
Localization: The details
© 2011 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name, logo and “cutting through complexity” are registered trademarks or trademarks of KPMG International. Printed in the U.S.A. 15352ANC
18
Localization policies and procedures
Localization practices vary. Some organizations:
Remove all the assignment benefits Phase out assignment benefits Remove some assignment benefits Provide a buyout payment
© 2011 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name, logo and “cutting through complexity” are registered trademarks or trademarks of KPMG International. Printed in the U.S.A. 15352ANC
19
KPMG’s localization survey
Which of the following statements best describe your company’s approach to localized assignees? (Select all that apply)
42%
30%
44%
67%65%
All assignment-related benef its are removed
Some assignment-related benef its are retained
Assignment-related benef its are gradually phased out
Base salary is changed to ref lect the compensation
system of the host country
Retirement/pension plan participation is changed f rom
the home country plans to those of the host country
© 2011 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name, logo and “cutting through complexity” are registered trademarks or trademarks of KPMG International. Printed in the U.S.A. 15352ANC
20
KPMG’s localization survey (continued)
When moving from a country with a high cost of living to a country with a low cost of living, which of the following best describes how your company handles localizations?
6%
5%
58%
16%
15%
Pay a bonus to “make them whole” for a number of years
Retain the COLA for a number of years
Pay local salary with no COLA (do not address)
Continue to pay home-based salary
Other
Pay a bonus to “make them whole” for a number of years
Retain the COLA for a number of years
Pay local salary with no COLA (do not address)
Continue to pay home-based salary
Other
© 2011 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name, logo and “cutting through complexity” are registered trademarks or trademarks of KPMG International. Printed in the U.S.A. 15352ANC
21
Localization policies and procedures
Assignees will have questions about transitioning to local employment conditions Assignees with families will have additional questions
- Examples: Schooling Spousal assistance
© 2011 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name, logo and “cutting through complexity” are registered trademarks or trademarks of KPMG International. Printed in the U.S.A. 15352ANC
22
Yes35%
No65%
KPMG’s localization survey (continued)
Are leave entitlements rolled over to the host country organization?
© 2011 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name, logo and “cutting through complexity” are registered trademarks or trademarks of KPMG International. Printed in the U.S.A. 15352ANC
23
Yes52%
No48%
KPMG’s localization survey (continued)
Does the home country organization pay the assignee’s leave entitlements prior to the assignee localizing in the new country?
© 2011 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name, logo and “cutting through complexity” are registered trademarks or trademarks of KPMG International. Printed in the U.S.A. 15352ANC
24
KPMG’s localization survey (continued)
How does your company address long-term benefits with respect to localizations (e.g., retirement, pension, etc.)?
3%
2%
4%
5%
2%
36%
35%
13%
Provide a lump sum payment in lieu of long-term …
Provide the benefit via an offshore company plan
Provide an ongoing “benefit” allowance
Company retains the assignee on home …
Totalized annuity payment is provided
Only host benefits are provided
On a case-by-case basis
Other
Provide a lump sum payment in lieu of long-term benefits
Provide the benefit via an offshore company plan
Provide an ongoing “benefit” allowance
Company retains the assignee on home benefits plans and pays all costs
Totalized annuity payment is provided
Only host benefits are provided
On a case-by-case basis
Other
© 2011 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name, logo and “cutting through complexity” are registered trademarks or trademarks of KPMG International. Printed in the U.S.A. 15352ANC
25
KPMG’s localization survey (continued)
Does your organization provide any of the following types of assistance to the accompanying spouse/partner of the localizing assignee? (Select all that apply)
12%
4%
22%
12%
3%
1%
67%
An allowance or payment for designated expenses
An allowance or payment for any expense
Job search assistance in host country
Reimbursement of education expenses
Partial financial compensation for lost salary
Full financial compensation for lost salary
No assistance provided
© 2011 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name, logo and “cutting through complexity” are registered trademarks or trademarks of KPMG International. Printed in the U.S.A. 15352ANC
26
KPMG’s Localization Survey (continued)
Please select the statement below that best describes how education (of the assignee’s children) is treated as part of the localization process.
50%
5%
2%
2%
41%
It is eliminated or phased out like any other assignment-related benefit
The organization does not disrupt the children’s education and will continue to pay all costs under the
expatriate policy
Children’s education costs are factored into the lump sum payout
The organization will allow the assignee’s children to maintain the organization’s debenture, but the assignee
must pay the yearly tuition
On a case-by-case basis
It is eliminated or phased out like any other assignment-related benefit
The organization does not disrupt children’s education and will continue to pay all costs under the expatriate act
Children’s education costs are factored into the lump sum payout
The organization will allow the assignee’s children to maintain the organization’s debenture, but the assignee
must pay the yearly tuition
On a case-by-case basis
© 2011 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name, logo and “cutting through complexity” are registered trademarks or trademarks of KPMG International. Printed in the U.S.A. 15352ANC
27
Summary
Localization does not always result in cost savings Expatriate allowances are only part of a total remuneration package Understand intent Business leaders to be educated regarding the total bottom-line impact
© 2011 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. Printed in the U.S.A. 15352ANC
The KPMG name, logo and “cutting through complexity” are registeredtrademarks or trademarks of KPMG International.