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Tax Forum Presentation 23 August 2022 Final v3
Tax Forum Presentation 23 August 2022 Final v3
GBU TP guideline
- Introduction guest participants GBU members to Tax Forum
- Introduction, Background & key concepts GBU TP Guideline
- Explanation GBU TP Guideline
- Q&A
NEC Group
August 2022
Global Finance Department
The goal of this guideline is to standardize the transfer pricing process within NEC group and to facilitate
internal communication more efficiently.
The net margin was set based on benchmarking results by an external independent consulting firm.
Net margin : Gross margin at distribution or markup against total cost at service rendering
Covered
This transactions
guideline : Distribution
will be applied of contract
for new hardware/software
negotiations&starting
IT service or1st
after Service Rendering
September 2022.
Prime Country Affiliate (CA) performs the sales function with/without the provision of the IT service Prime CA's function and
risk are relatively limited, these Prime CA’s would be identified as Limited Risk Distributors (LRDs) while the Sub contractor CA
performs the complicated value add function and bears the material risk.
Under regular business circumstances CA’s that bears limited risk on the basis of a functional, assets and risk analysis, are
expected to have a positive OM within the applicable benchmark range, while the Sub contractor CA earns the excess profit or
suffers the excess loss.
Therefore, it is recommended to verify the actual operating profit margin at the set price and review the price setting if necessary
to ensure the OM is within the required benchmark range.
4 types of intercompany transactions have been identified for the GBU controlled entities.
The selected Transfer Pricing Method for the transactions under this guideline is the Transactional Net Margin Method (TNMM)
with the Operating Margin (OM) as the profit level indicator (PLI).
For all transactions in this guideline the targeted net margins are set at the median in the interquartile range which is based on a
global benchmarking study. In the event local benchmark interquartile ranges should be applied and deviate from the global
benchmark interquartile ranges, the GBU TP team will address the deviation on a case by case basis.
5 © NEC Corporation 2021 NEC Group Internal Use Only
Transactions 1-4
<Transaction 1> Distribution <Transaction 2>
of Distribution of < Transaction 3 > <Transaction 4>
Covered Hardware (HW) and Covered Hardware(HW) Service Rendering Global Shared Service
software(SW) product and software (SW) Center
with IT services
The c urre nt e xis ting TP guide line s for Avaloq group AG, Ne tCrac ke r group, Wire le s s Bus ine s s Unit and the c ontrac t R&D for
ove rs e as laboratorie s will c ontinue to be applie d for c urre nt e xis ting trans actions and bus ine s s .
The ne w TP guide line will als o apply to (ne w) trans ac tions in Avaloq group, Ne tCrac ke r group and Wire le s s Bus ine s s Unit that
have not be e n c ove re d by the ir re s pe c tive e xis ting TP guide line s .
7 © NEC Corporation 2021 NEC Group Internal Use Only
GBU Supervised Country Affiliates
Company Country Company Country
* In Brazil, efforts are currently underway to align with the OECD transfer pricing guidelines, and it is recommended to pay close attention to these trends and review them in a timely
manner.
In case Prime Contractor would be Principal of the deal to bear the business risk and the business accountability,
the target margin for the function is NOT covered by this guideline.
The appropriate level of the net margin for Prime CA should be calculated and decided separately based on the
function, risks and the contribution by Prime CA.
E 7 NEC Europe 7%
M 8 NEC Turkey 6%
E
・ SW A
9 NEC XON 7%
Sub-contractor ・ Delivery 10 NEC Saudi 7%
11 NEC Corporation 9%
IP owner ・ Maintenance 12 NEC Australia 7%
13 NEC New Zealand 7%
<Transaction> 14 NECAPAC 7%
15 NEC Thailand 7%
Prime CA acts as Limited-risk Distributor A
P 16 NECOMAL 7%
<Pricing> A 17 NEC Philippines 6%
C
18 NEC Indonesia 6%
The Gross Margin of Prime CA should be computed backward so that
19 NEC Vietnam 9%
Prime CA can earn the targeted Operating Margin 3% after the 20 NEC India 7%
Mainte nance Mainte nace s upport for s ub contractor which take s 19 NEC Vietnam 24% 6% 9%
25% 20 NEC India 16% 4% 7%
s upport re s pons ibility for e ntire mainte nance
21 NEC Hong Kong 22% 6% 9%
Activitie s as Take re s pobs ibility for e ntire proje ct and be ar the
25% 22 NEC Taiwan 20% 5% 8%
principal mate rial ris k
11 © NEC Corporation 2021 NEC Group Internal Use Only
Transaction 2 – Distribution of Covered HW/SW product + IT services
Customer No. Company GM%
The Gross Margin of Prime CA should be computed backward so that Prime CA can earn the targeted Operating
Margin 5% after the deduction of SGA. 182
SGA
Weighting Benchmarking
<SGA% vs. sales> 75% results
<Pricing>
The (Net) Cost Plus method is typically used for determining
Service Payment an arm’s length compensation for Providers of these services.
Cost plus : Total cost markup + Direct cost + Indirect cost
Recipient
Transaction Function CA to earn Target Target Margin (Total Cost Markup (Markup against Total Cost))
Americas EMEA APAC India Brazil
* In Brazil, efforts are currently underway to align with the OECD transfer pricing guidelines, and it is recommended to pay close attention to these trends and review them in a timely manner.
14 © NEC Corporation 2021 NEC Group Internal Use Only
Transaction 4 – Global Shared Service Center
<Transaction>
<Pricing>
The (Net) Cost Plus method is typically used for determining
Service Payment an arm’s length compensation for Providers of these services.
Cost plus : Total cost markup + Direct cost + Indirect cost
Recipient
Transaction Function CA to earn Target Margin Target Margin (Total Cost Markup (Markup against Total Cost))
India Other regions