Africa Tax Conference - Global Tax Compliance and reporting trends

Global tax compliance and reporting trends – impact for Africa

EY Africa Tax Conference

September 2014

Panel

Moderator

Warren Taylor

Africa Compliance and Reporting Leader

EY South Africa

Panel

Aidan O’Carroll

Global Compliance and Reporting Leader

EY London

Daryl Blakeway

Tax Performance Advisory Leader

EY South Africa

Natasha Meintjes

Africa Tax Coordination Services Leader

EY South Africa

Robert Zalucki

Tax Partner

EY Nigeria

Page 2 Global compliance and reporting trends

Introduction

Page 3 Global compliance and reporting trends

Global trends in tax compliance and reporting and the practical implications for companies operating across the African continent

Page 4 Global compliance and reporting trends

Growth of investment into sub-Saharan Africa (SSA)

Key trend 1

Share of SSA in FDI projects and job creation reaches an all-time high in 2013

► There is a clear dichotomy between FDI flows into North

Africa and SSA.

► Since 2007, SSA has accounted for an increasing share of projects, both by number and value.

This trend accelerated in 2013, with SSA’s share of overall

African FDI projects and job creation achieving all-time highs of 82.8% and 79%, respectively.

This growth is underpinned by solid FDI flows to four countries in particular: South Africa, Kenya,

Ghana and Nigeria.

Page 5 Global compliance and reporting trends

Growth of investment into SSA (continued)

Key trend 1

Southern Africa: South Africa acts as an anchor, attracting most interest

Top 15 countries by FDI projects (2007 – 13)

South Africa

Egypt

Morocco

Nigeria

Tunisia

Kenya

Angola

Ghana

Algeria

Tanzania

Uganda

Mozambique

Zambia

Libya

Rwanda

Share of projects (%)

16.9

9.4

9.0

6.0

Share of amount

(%)

8.7

12.8

7.1

10.0

5.4

5.4

4.8

4.4

4.3

3.0

2.8

2.7

2.4

2.3

1.7

7.0

1.7

5.5

4.3

6.8

1.6

2.9

5.6

1.7

1.7

0.6

Share of job creation (%)

CAGR (FDI project)

(%)

11.6 +16.8

11.0 -3.4

11.2 -5.9

6.1 +19.4

6.5 -8.7

2.7 +40.1

3.3 -7.4

3.7 +50.5

6.0 -10.4

1.8 +22.8

1.8 +20.1

3.5 +32.8

3.2 +30.8

2.0 -11.6

0.5 +6.3

South Africa expands FDI projects’ lead in

Africa since 2008

► FDI projects in Mozambique and Zambia have grown at a CAGR in excess of 30%.

► Angola remains an important FDI destination with GDP growth averaging 11%.

West Africa: the power of Nigeria and Ghana

► Ghana has attracted investor attention on account of its abundant natural resources, its strong investment environment and its stable and well-established democracy.

East Africa: regional integration drives interest

► FDI projects in East Africa have grown at a

CAGR of 23.4%, the second-highest rate in

Africa.

Source: fDi Intelligence

Page 6 Global compliance and reporting trends

Expansion of the intra-African investment

Key trend 2

Largest intra-regional investors in Africa

(Share of FDI projects from Africa as source region)

Source: fDi Intelligence

Intra-regional FDI projects grow rapidly

► African investors tripled their share of FDI projects over the last decade, from 8% to 22.8% in 2013.

The rate of intra-African investment expanded even faster in value, growing from a share of 4.4% to 22.3% in 2013.

Intra-African investment has driven job creation on the continent.

It is now the second-largest source of jobs behind Western Europe, jumping from fourth position in 2012.

CAGR in FDI projects by source region (2007 – 13)

Africa

Asia-Pacific

Middle East

Western Europe

North America

Latin America (and the Caribbean)

Rest of Europe

Source: fDi Intelligence

+31.5%

+16.6%

+5.8%

+5.7%

+5.5%

+0.0%

-1.4%

Page 7 Global compliance and reporting trends

Shift from extractive to consumer-facing sectors

Key trend 3

Financial services, telecoms, media and technology (TMT), and retail and consumer products (RCP) account for 47.7% of FDI projects

Top 10 sectors by FDI projects (2007 – 13, share)

Projects (%) Value (%) Job created

(%)

Foreign banks and other financial services companies are either launching or expanding operations in Africa to tap the growing but under-serviced financial services market.

Financial services

TMT

RCP

Business services

RHC

Mining and metals

Coal, oil and natural gas

Transport and logistics

DIP

Automotive

17.5

16.3

12.9

9.2

8.6

6.6

5.5

4.9

4.8

4.1

2.1

8.7

4.8

1.0

22.9

14.2

31.8

2.3

1.3

2.7

2.7

7.5

16.8

1.9

19.2

21.2

5.3

2.0

3.5

11.9

Regional banks and other financial services firms in Africa are also ramping up their presence across the continent.

A rising, relatively underpenetrated consumer market and improving communications infrastructure have encouraged TMT companies to invest in local knowledge transfer, and to establish country offices across the continent.

Expected increases in consumer spending, especially on discretionary goods, indicates continued, strong RCP investments in Africa.

Source: fDi Intelligence

Page 8 Global compliance and reporting trends

Large urban clusters in the key hubs

Increasing FDI flows

The number of African cities with a population of over 3 million is expected to more than double from 16 in

2012 to 34 in 2030.

Cities with a population of over 1 million

34m > 3m

16m > 3m

Page 9

1m

– 3m

3m – 5m

Source: Oxford Economics

5m – 10m

10m – 15m

Global compliance and reporting trends

15m – 20m > 20m

Large urban clusters in the key hubs (continued)

Increasing FDI flows

Top 15 African destination states and provinces by number of projects

(2007 – 13)

Page 10

Source: fDi Intelligence; EY analysis

Global compliance and reporting trends

Africa has steadily moved ahead of other regions

Regional attractiveness

Africa’s relative attractiveness is on the rise

Relative to the following markets, is Africa more or less attractive as an investment destination?

2011 2012 2013 2014

1 Asia (+31) 1 Asia (+26) 1 Asia (+16) 1 North America (+4)

2 North America (+16) 2 North America (+13) 2 Oceania (+11) 2 Africa

Markets more attractive than Africa

3

4

Western Europe (+16)

Middle East (+8)

3

4

Oceania (+5)

Western Europe (+5)

3

4

Latin America (+8)

North America (+5)

3

4

Asia

Oceania (-2)

5

Oceania (+6)

5 Africa 5 Africa 5 Western Europe (-3)

6

Latin America (+2)

6 Middle East (0-3) 6 Central America (-1) 6 Latin America (-14)

7

Eastern Europe (0)

7 Latin America (-1) 7 Western Europe (+4) 7 Middle East (-15)

Markets

less attractive than Africa

8

9

Africa

Central America (-14)

8

9

Eastern Europe (-3)

Central America (-5)

8

9

Middle East (-10)

Eastern Europe (-12)

8

9

CIS (-17)

Eastern Europe (-17)

10 CIS (-19) 10 CIS (-17) 10 CIS (-14) 10 Central America (-19)

Source: EY’s Africa attractiveness survey (total respondents: 503)

Africa’s stronger investment attractiveness is best explained by its own sustained growth rates in the context of slower global growth and, more recently, by structural weaknesses in many other emerging markets in the wake of the unwinding of US quantitative easing.

Africa’s growth prospects are likely to remain solid, as an urbanizing and rising middle class drives demand for consumer products and improved services.

Page 11 Global compliance and reporting trends

A giant leap in Africa’s relative attractiveness

How investors view Africa’s countries, cities and sectors

Second most desirable regional investment destination in the world, tied with Asia, up from fifth place a year go

60% of respondents with presence in

Africa believe the continent’s attractiveness improved in 2013

73% of investors expect its investment climate to continue improving

Source: The EY 2014 Africa Attractiveness Survey

18% see infrastructure offering the most growth potential

South Africa in the south, Nigeria in the west, Kenya in the east, and

Morocco and Egypt in the north are perceived by investors as the most attractive

Perception gap between those already doing business in Africa and those with no business presence remains stark

Page 12 Global compliance and reporting trends

Global trends in compliance and reporting

Page 13 Global compliance and reporting trends

Global trends

Four key trends we are seeing globally in discussions with our clients:

Companies are looking to reduce cost without compromising value. For example, many multinational companies are undergoing finance transformations and exploring the use of shared service centres and new enterprise resource planning ( ERP ) systems.

Companies are continuing to globalize at an increased rate and forge expanding growth into emerging markets ( e.g., BRICS).

Companies are dealing with an increasingly complex and uncertain legislative and regulatory environment (e.g. transfer pricing, base erosion and profit shifting).

Companies are looking to drive value through an increased focus on cash tax management and effective rate planning.

Page 14 Global compliance and reporting trends

Looking at the numbers

EY global survey

68% of companies indicated local resources are important to tax compliance and reporting processes (i.e., they need in-country support).

67% of companies indicated that changes in regulatory requirements will impose significant challenges on tax compliance and reporting process.

80% of companies consider the use of outside providers as an effective means of accessing local expertise.

80% of companies indicated they have recently completed or will soon complete a finance transformation.

Page 15

68% of companies identified additional cost of compliance and reporting as a risk of excluding tax compliance and reporting from a finance transformation.

Global compliance and reporting trends

Going beyond transactional activities

Finance transformation projects are mostly driven by cost-efficiency

Cost of finance (COF) ratio Finance process areas

Decision support

Perform planning, budgeting and forecasting

Perform cost management and profitability analysis

Evaluate and manage financial performance

Manage capital

Today

(1% –2%)

Control

► Manage internal control

Manage treasury

Manage taxes

Reporting

Manage policies and procedures

Perform product and general accounting

► Deliver reporting

Transaction processing

Process accounts payable

Process expense reimbursements

Process payroll

Process revenue accounting

“Value” of the activity for the business – adding or protecting

In the future?

(<0.75%)

Reduction in COF

Direction : become more efficient by reducing transaction processing and reporting work – strengthen the ability to provide decision support

Page 16 Global compliance and reporting trends

Tax is embedded in every finance process

Finance process

Order to cash

Procure to pay

Intercompany

Fixed assets

Record-to-report

Treasury

Page 17

Tax relevance or impact

Tax on invoices

Tax point

Tax registration

Recoverable taxes

Withholding tax

Tax exemptions

Tax deductibility

Tax registration

Transfer pricing

Tax on invoices

Withholding tax

Tax deductibility

Capital allowance

Tax depreciation

Tax adjustments

Tax disclosures and enforcement

Tax loss management

Tax filings

Tax paid

Interest deductibility

Thin capitalization

Global compliance and reporting trends

Direct tax Indirect tax

Companies deciding on the right speed and path

Depth of insight

H

G

2

D

E

F

Control, access and visibility over local process

C

B

A 3

Simplification, standardization and cost reduction

A

B

EY clients

Leading software company

Worldwide networking company

C

D

Oilfield services provider

Foreign automotive company

E

F

Global computer manufacturer

Global media company

G Financial services company

H Global diversified company

1

Local country approach

Local

Degree of standardization

Regional and global

Global compliance and reporting trends Page 18

Issues to consider when embarking on a finance transformation

Page 19 Global compliance and reporting trends

Finance transformation

Overview

Large-scale finance transformation programs:

Driven by business change

Often technology enabled

Change management focused

Finance-led business transformation

Leveraging technology:

New technology implementations (e.g., financial systems such as SAP and Oracle)

Upgrading older ERP systems or consolidating different instances

Shared services and outsourcing:

Global finance delivery model

Outsourcing, off-shoring, shared services centers (SSCs) and regional centers of excellence

Global standardization and global delivery models:

Process and reporting efficiency

Robust controls

Page 20 Global compliance and reporting trends

Finance transformation

Overview (continued)

► Finance transformation will help to create a lower-cost finance function by changing the way finance processes are delivered.

Finance process class Level of process

Transaction processing High

Typical change achievable*

Saving 25% –40%

How?

Aggressive globalization – shared services and outsourcing

Reporting Medium Saving 10%

–20%

Control

Decision support

Medium or low

Low

Saving 10%

–20%

Saving 50%

–100%

Rationalization of reporting process and systems; extensive use of shared services for record-to-report

Investment in people and tools to support a global control framework

Investment in resources to support the business areas with value-adding finance activity

*Indicative benefits based on typical maturity levels and scope for standardization.

The benefits available will depend on individual company circumstances.

Page 21 Global compliance and reporting trends

Why should tax be involved?

► Example of client objectives and potential impacts for tax:

Client objectives

Design the finance function organization, including operating model and roles and responsibilities.

Improve the operational efficiency and effectiveness of processes.

Improve finance systems effectiveness, including transactional systems.

Improve consolidation and close, reporting, planning and budgeting.

Sample tax organization impacts

There are fewer local finance resources available to support tax organization and various tax processes, such as provision reporting or managing outside service providers

Delivery of tax activities supported in business will change (e.g., local country vs. SSC)

There is an opportunity for tax organization to better align to new finance model

Shorter close cycle places additional pressure on the tax-provision process

New standard global finance or business processes no longer support tax planning or supply chain structures

Functions performed by “shadow tax” resources may be altered and need to be assumed by the tax function

Systems changes may affect current data sources and lead to more data rework and data gathering

Redesign of the chart of accounts (COA) may result in change of tax-sensitized accounts

There is an opportunity to significantly improve tax data and tax-sensitize systems

Improved financial reports and forecasts may be optimized for management and oversight needed for legal entity reporting

Budget is available to improve global tax provision process through new tools and technology

Page 22 Global compliance and reporting trends

Why should tax be involved?

► Tax is embedded in every finance process. Understanding finance processes is a new language and challenge for tax departments:

Example finance process

Order to cash

Procure to pay

Intercompany

Tax relevance or impact

Tax on invoices such as value-added tax (VAT), tax registrations and changes to accounting methods

Recoverable taxes such as VAT, withholding tax, tax deductibility, tax registration, inventory, customs, changes to accounting methods

Transfer pricing, tax on invoices, withholding tax and supply chains

Fixed assets (acquire to retire)

Record-to-report

Treasury

Tax deductibility, capital allowance or tax depreciation, changes in accounting methods and tangible property regulations

Tax adjustments, tax disclosures and enforcement, tax loss management, tax filings and tax accounts

Tax paid, interest deductibility and thin capitalization, changes to functional currency, tax hedging rules and changes in accounting methods

Page 23 Global compliance and reporting trends

Why should tax be involved?

The tax sensitization of ERP involves building tax requirements into the company’s business processes and practices.

Tax accounting and reporting controls

Training and guidance for tax users

Tax technology solutions

Procure to pay Order to cash Record to report

Transfer pricing

AP tax decisions

Jurisdictional segregation

AR tax codes AR tax determination

AP tax codes

Segregation of sales and returns

International sourcing

Tax depreciation rules

Supplier master data

Material master data

Customer master data

Fixed assets master data

Critical tax-sensitive accounts

GL account reports

Tax fixed asset reports

Intercompany and jurisdictional reports

Foreign jurisdictional indirect tax reports

T&E systems Base ERP system Third-party logistics Legacy systems Middleware solutions

Page 24 Global compliance and reporting trends

Why should tax be involved?

► Driving tax value from non-data finance transformation:

Project types Potential tax benefit

Shared service implementation ► Improve the consistency, timing and access of key tax inputs, such as statutory accounts preparation

Re-evaluate tax personnel roles and deployment and use of outside providers

Create consistency and standardization across tax processes

Move to lower-cost tax operating model

Process and sub-process redesigns

Reduce overall effort from both tax and accounting personnel by incorporating tax- sensitization decisions at the source of recording

Increase ability to automate manual tasks, resulting in significant time savings

Redesign and automate tax financial close to support shorter close with increased accuracy

Finance service delivery model ► Centralize tax activities across business units and geographies to reduce costs

► Consider how to migrate activities to achieve cost efficiencies without increased tax risk or lost tax opportunities

Page 25 Global compliance and reporting trends

When should tax get involved?

When the business is discussing or evaluating global organization models

When the business is doing benchmarking studies and evaluating performance

When the CIO is evaluating ERPs and technology solutions

When the CFO is developing short- and long-term agenda

Pre- or post-transaction event

Page 26 Global compliance and reporting trends

How does tax get involved?

Areas to focus on when looking at tax value drivers

► Efficiency

Reduction in effort of tax processes

Optimization of tax software

► Effectiveness

Increased productivity with better automation

Better visibility of tax positions and risks

Enhanced process and controls

Tax efficiencies

Enable sustainable tax planning

Improved quality and access to data and reporting

Lower costs

Process standardization and simplification

Leverage shared services models

Page 27 Global compliance and reporting trends

Key challenges for the tax director

CFO

Why do we need to spend money now?

Why can we not get these benefits without the initiative?

Why and how additional budget is necessary beyond the proposed project team – quantify value?

CIO

You will get what you get today

Tax’s involvement will slow down the project

How do the benefits link to the technology component?

Why would you need additional resource to support tax?

Business

► There is a lack of integration with the business owners

Page 28 Global compliance and reporting trends

Success factors

Understand the initiative(s)

Learn your CFO’s agenda

Align with key initiatives of the business

Develop link from tax case to broader initiatives

Align tax function with business

Secure a seat at the table

Never too early to build the case for tax

Keep it simple; don’t boil the ocean

Gain sponsorship

Identify initiative sponsor (such as CFO, CIO or CEO and Board)

Understand key stakeholders (including enterprise leadership and program management team)

Page 29 Global compliance and reporting trends

Practical challenges companies are facing across Africa in the tax compliance and reporting space

Page 30 Global compliance and reporting trends

Getting to know Africa

Business language considerations in Africa

Page 31

French

Portuguese

Spanish

Amharic

Arabic

Global compliance and reporting trends

With an estimated 1,500 to 2,000 languages spoken, Africa is a continent with exceptional linguistic diversity.

In both Angola and Mozambique, returns are completed in Portuguese.

UEMOA countries complete returns in French.

Ease of paying taxes in Africa

Page 32 Global compliance and reporting trends

Ease of paying taxes in Africa

Top 10 FDI destinations

EY 2013

– 14 Africa by numbers

Country

Number of payments

Time to comply hours

Cameroon 44 630

49 348 Congo

Cote d’Ivoire

Ghana

Kenya

Mozambique

Nigeria

62

32

41

37

47

270

224

308

230

956

Tanzania

Zambia

Zimbabwe

48

38

49

176

183

242

Source: The World Bank – tax payments (number) and time to prepare and pay taxes (hours) 2014

Page 33 Global compliance and reporting trends

Corporate income tax

Page 34 Global compliance and reporting trends

Due dates for corporate tax returns

A total of 27 returns due in June

December

21

November

October 7

5

5

January

February

6

19

March

20

April

September

16

August

5

9

July

27

June

7

May

Page 35 Global compliance and reporting trends

No information available

Due dates for corporate tax returns

Annual CIT returns

July

December

4

2

March

7

June

7

12 April

May

4

► No annual returns due in January, February,

August, September, October and November

Page 36 Global compliance and reporting trends

Provisional or minimum tax returns

December

17

5

6

February

19

March

November

5

October

7

8

April

3

May

3

16

September 20

5

7 June

August

July

No provisional returns due in Nigeria and Libya

A flavor of penalties and interest in Africa

In Nigeria, a 10% penalty and interest at the prevailing bank lending rate are imposed for late payment of assessed tax

In Kenya, late payments are subject to 20% penalty of tax balance plus 2% per month. Late filing is subject to a 5% penalty with a minimum of KES10,000 (US$115)

In Cote d’Ivoire,

5% of the first month, 0.5% thereafter are imposed for late payments

In Equatorial Guinea, 50% of amount not declared if shortfall is one-tenth of declared profits. 100% in the case of bad faith

In Mozambique, fines for non-payment of taxes vary between the amount of the tax due to double of this amount, without prejudice of payment of the tax due. The maximum cap on the fines is MT2.5m (US$84,000) per offense

In Angola, penalty of 55% of tax due for non-payment

Global compliance and reporting trends

In South Africa, penalty of up to 200% for intentional tax evasion

Page 37

VAT compliance

Page 38 Global compliance and reporting trends

VAT compliance in sub-Saharan Africa

VAT filing dates (monthly returns)

8%

19%

35%

19%

8%

11%

10th 15th 20th 21st 25th 30th

Manual or electronic return

21%

79%

Manual Electronic

Page 39

Changes in VAT legislation:

Promulgated

Kenya (2013)

Ghana (2014)

Global compliance and reporting trends

Forthcoming changes

Angola (2015)

*Consumption tax

Payment EFT or cheque

54%

EFT Cheque

46%

Payroll tax compliance (PAYE and social security)

Page 40 Global compliance and reporting trends

Payroll tax compliance in sub-Saharan Africa

Number of payroll taxes due monthly

3%

68%

29%

1 - 2

2 -4

> 4

Manual or electronic submission

18%

Electronic

Manual

82%

Page 41 Global compliance and reporting trends

Recent changes to Social Security

Kenya – new NSSF Act (2014)*

Namibia – vocational education and training levy introduced

(2014)

Nigeria – new pension reform act (2014)

Annual employer return

25%

75%

Yes

No

Statutory reporting in Africa

Page 42 Global compliance and reporting trends

Statutory reporting considerations in Africa

Local

GAAP (8)

OHADA (17)

IFRS (28)

Benin

Congo

Guinea-Bissau

Burkina Faso

Cote d’Ivoire

Mali

OHADA member states

Cameroon

Central African

Republic

Chad

Democratic Republic

Equatorial Guinea Gabon of Congo

Niger Senegal Togo

Page 43 Global compliance and reporting trends

Comoros

Guinea

No information available

A client perspective

Page 44 Global compliance and reporting trends

Questions

Page 45 Global compliance and reporting trends

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