1 / 5

International Fiscal Association (IFA), 2012 General Anti-Avoidance Rules (GAAR)

International Fiscal Association (IFA), 2012 General Anti-Avoidance Rules (GAAR). Deal flow. Deal evaluations Greater focus on pre-tax metrics Impact on deal economics Higher taxes on deals Seeking tax protection may be more challenging

kort
Download Presentation

International Fiscal Association (IFA), 2012 General Anti-Avoidance Rules (GAAR)

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. International Fiscal Association (IFA), 2012General Anti-Avoidance Rules (GAAR)

  2. Deal flow • Deal evaluations • Greater focus on pre-tax metrics • Impact on deal economics • Higher taxes on deals • Seeking tax protection may be more challenging • Risk consequential to uncertainty likely to be priced in • Contract negotiations • ‘Change in Law’ may trigger in extant contracts consequent to GAAR • Hitherto kosher contract structures may no longer be acceptable • Tax indemnity negotiations to be more intense

  3. Impact to Books • Challenges on booking tax benefits • Nature of GAAR law - ambiguous • Close scrutiny and debate with auditors and other stake holders • Reserving for penalties • Slow litigation process ….several years before reserves could be released • Challenges in quantification of reserves • Wide discretion available to Revenue in case GAAR is invoked …uncertainty over outcome and hence difficult to quantify impact • Principles from jurisprudence will take years to evolve

  4. GAAR guidance … more needed • Multinationals which are not organized along geographies • Not set up for a particular investment • Regional holding activity • Independent Treasury operation • Availability of Treaty • Hybrid equity instruments such as compulsory convertible debt • Instrument is debt until conversion • Pays interest • Interest deductibility • Buyback of shares from a Treaty country based parent • Entity has accumulated earnings …never made any dividend distributions • Buying back shares … entails economic consequences

  5. Finally – stating the ( not so ?) obvious • Tax is a cost, like any other cost influencing business decisions • Business leaders accept tax costs, but hate “don’t know” syndromes • A certain 5 x tax cost more acceptable to 1 x cost, with accompanying 10 x risk • If GAAR more acceptable to policy makers than SAAR, some boundaries are always welcome, even if grey • Nothing wrong for an Angel List to be periodically reviewed and changed • Treaties always better dealt bilaterally rather through GAAR .. It’s ham-handed • Tax paradigm has changed … the new order recognizes greater revenue share to source states

More Related