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Invest in America – SelectUSA Transfer Pricing & Expatriate Tax Issues
Sara Gustafsson / Aino Askegård Andrésen
28 September 2011
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Transfer Pricing
Transfer Pricing
Sweden United States
IRS §482
FIN 48OECD Guidelines Domestic Tax legislation
Sweden - USDouble Tax Treaty
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• Economic Analysis of cross-border transactions between related parties
• Ensures transactions are conducted at arm's length
• Documentation requirements!
What is Transfer Pricing?
Swedish Parent
Company
US Subsidiary
Services GoodsIP Financing
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• Standard/Principle: a taxpayer deals at arm's length with an uncontrolled taxpayer
• Test: Are the results of the transaction consistent with the results that would have been realized if uncontrolled taxpayers had engaged in the same transactionunder the same circumstances?
• Analyze comparable transactionsunder comparable circumstances
What Exactly is "Arm's Length"?
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• Predictability to support international trade and investment
• Different tax rules in different tax jurisdictions can lead to government disputes over the same transaction
• Many countries view the proper enforcement of transfer pricing rules as a significant revenue raiser
• Many countries impose significant penalties for noncompliance with the transfer pricing regulations
Importance of Worldwide Transfer Pricing
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• A transfer pricing method may produce a single reliable result or a range of reliable results
• In the U.S., the interquartile range is used to eliminate outlying results
• In Sweden the tax payer may use the full range, however, it is in many cases recommended to target the interquartile range.
Identifying Arm's Length
q1 q2 q3 q4
Inter Quartile Range
Full Range
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• US: Choose the best method
• Sweden: Choose the most appropriate method
• Method selection will depend upon:
– Type of transaction– Information available– Other countries involved
Choosing the Best Method
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Methods to Test Arm's Length
Sweden USComparable Uncontrolled Price Method ("CUP") X XResale Price Method ("RPM") X XCost Plus Method ("CP") X XComparable Profits Method ("CPM") - XProfit Split Method ("PSM") X XTransactional Net Margin Method ("TNMM") X -Services Cost Method ("SCM") - XGross Services Margin Method ("GSMM") - XUnspecified Methods X X
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• Structure of your investment– Who should own IP created?– Financing options?
• Allocation of functions and risks– Distributor? Commission? – Full fledged or limited risk?
Tax Planning Opportunity!
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Invest in America - SelectUSA
Expatriate Tax Issues
Aino Askegård Andrésen
28 September 2011
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Moving employees from Sweden to the US
• Tax• Social Security• Practical issues
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Tax – Employees become tax residents both in Sweden and in the US
Tax Residency• Domicile
• Connection
Tax Residency• Presence
• Work
Sweden US
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Swedish Tax issues
US employment income exempted from taxation in Sweden in accordance with six-month rule if
• The employment and stay in the US lasts for at least six months• The employment income is taxed in the US• A maximum of 72 days per year are spent in Sweden
– All other types of income taxed in Sweden in accordance with normal rules
– Claim of six-month rule exemption in Swedish tax return
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Taxation in the US
Assignees to the US
• US citizen / permanent resident / resident alien / non resident
• Residency test: - Green Card holder- Substantial presence test (> 183 days during a 3 year period)
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Taxation in the US
Assignees to the US - "resident aliens" - taxed in accordance with same tax rules as apply to US citizens• Tax levied at graduated rates on all income from world-wide sources• Employment income, e.g. base salary, bonus "cola", housing allowance, etc.• Investment income (interest, dividends, etc)• Federal, State and Local taxes• Filing requirements, due dates and extensions• Tax planning possibilities
Seek advice from tax professional!
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Application of the Sweden/US Tax Treaty
• Is applied when the same income is taxed in accordance with domestic legislation in both countries
• The effect of applying the treaty can alleviate taxation, but will not increase tax burden
• When the six-month rule is applicable, normally no risk of double taxation arises
• Can be applied also on other income than employment income, e.g. interest income and dividends
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Application of the Sweden/US Tax Treaty
Business trips
• Application of "economic employer" concept in US tax law
• Risk of taxation in the US when costs are allocated to the US entity
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Social Security
Swedish rateER 31.42% EE 7.00% (capped, SEK 29 400 for 2011)
US rateER/EE OASDI 6.2%*) (capped USD 4 486)
Medicare 1.45%
*) EE rate is reduced to 4.2% for income year 2011
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Social Security
Sweden/US Totalization agreement
• When assignment > 12 months and < 60 months– Possible remain covered by Swedish social security
system as regards pension and part of health insurance
• Alternatively– Possible compensate employee for losing Swedish
pension coverage by private pension insurance
=
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Practical issues to consider for employer
In Sweden
• Assignment letter• Preliminary taxes• Reporting• Pension• Social Security• Cost allocation
In the US
• Preliminary taxes and reporting
• Social Security• Tax Planning in Advance
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Contact details
Aino Askegård Andrésen Sara Gustafsson
[email protected]+46 8 563 072 85+46 7 613 072 85
[email protected]+46 8 563 073 22+46 7 035 073 22
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Thank you for your attention!