Professional Documents
Culture Documents
Captive Outsourcing Model Draft
Captive Outsourcing Model Draft
Captive Outsourcing Model Draft
+ India has evolved as a premier outsourcing hub for IT, ITES, engineering and
other R&D activities
+ MNEs have typically adopted the cost-plus mark-up pricing model for
remunerating their captive centres in India
o Mark-ups ranged between 5%-10 during the 1990s and early 2000s;
o MNEs have increased mark-ups to 15-20% to reduce India transfer pricing risks
+ Transfer pricing is one of the most important issues for tax heads in light of the
aggressive enforcements by Indian tax authorities
o 8 cycles of TP audits and transfer pricing adjustments to the tune of approx. USD 27 billion.
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STATED VIEWPOINTS OF INDIAN TAX
ADMINISTRATION
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STATED VIEWPOINTS OF INDIAN TAX
ADMINISTRATION
+ Indian tax authorities skewed towards higher returns for captive centres
– following views provided in 2013 United Nations Practice Manual for Developing
Countries:
o Allocation of routine and low cost-plus return for captive centres may not
reflect ALP. Decision making by skilled manpower of captive centre reflects
the risks are controlled by the captive centre in conduct.
o Location savings should be split between the participating parties.
Comparability with local comparables determine only the price of the
transaction and not allocation of location savings.
o Compensation attributable for transfer of intangibles in addition to the arm’s
length compensation for R&D activities. The captive centre creates unique
intangibles, transfers legal ownership in the intangibles under agreement
without appropriate compensation.
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INDIA TP MANAGEMENT: THE EMERGING
DECISION VARIABLES ….
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THE VALUE CHAIN CONTEXT
Tertiary Primary
Non-core Core support Customer Core
Functions support facing business
X1 X2 X3 X4
Highest value Profit
Judgmental Centre; High risks,
Y3
Location Savings and
Intangibles
Y2
Also factor:
• Key decision makers;
employee profile
Lowest value
Cost Centre; • Business case
Y1 minimal risk,
• Stage in business cycle
Location • Alternatives to captive
Routine Savings and
Intangibles
outsourcing
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LOCATION SAVINGS
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INTANGIBLES : VALUE RELEVANCY
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INTANGIBLES : VALUE RELEVANCY
+ Need to identify the entity that makes decisions on the intangibles and
bears intangibles-development risks.
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COMPENSATION TECHNIQUES
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METHOD OF TRANSFER PRICING
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CONCLUDING REMARKS – HYGIENE CHECK
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THANK YOU!
- Jack Welch
Vishnu Bagri
Presenter Coordinates
T: 91 80 22261371
E: vishnu@sduca.com
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