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4. Explaining tax Which disclosures could add value to your business? Building Public Trust Through Tax Reporting 2019 A series of five briefing papers exploring how companies are responding to the tax transparency debate

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Page 1: Which disclosures could add value to your business?

4. Explaining tax

Which disclosures could add value to

your business?

Building Public Trust Through Tax Reporting 2019

A series of five briefing papers exploring how companies are responding to the tax

transparency debate

Page 2: Which disclosures could add value to your business?

PwC

Which disclosures could add value?

Tax is a complex topic – Can voluntary disclosures help?

Tax is a complex topic. Mandatory disclosures prepared under international financial

reporting standards do not always provide a clear picture of a company's tax affairs for a

non expert reader. Some companies are making voluntary disclosures to provide a better

understanding of their tax affairs, recognising always that there must be a business case

for voluntary disclosures.

The potential benefits and risks should be considered and debated before additional

disclosures are published.

Potential benefits for a company Potential risks for a company

Seen to be responding to the increasing

focus on a company’s tax affairs

Conflicting interests of different

stakeholder groups

Acknowledging the responsibility of the

company to pay tax as a corporate citizen

and alignment to wider ESG frameworks

Difficulties of communicating a complex,

technical area

Demonstrates board involvement in tax

strategy and governance

Scope for misunderstanding or misuse of

data

Tailored communication with key

stakeholder groups

Potentially conflicting pressures of tax

planning and tax transparency

Responding to increased focus from

investors on tax issues

Commercial and confidentiality issues

Responding to transparency initiatives and

contributing to debate on tax reporting

Resource, time and cost

Longer term reputational benefits Need to have governance in place to

ensure public statements can be reported

Better connected business decision making Once disclosure made, cannot be

withdrawn

Improved risk rating with tax authorities Need to demonstrate underlying controls

and governance over tax

Areas to consider:

Including narrative which answers some of the common questions (e.g. why do you pay

little corporation tax?, what is deferred tax?) has the potential to increase stakeholder

understanding and trust. By being more transparent around their tax affairs, companies

can respond to the evermore challenging environment and scrutiny they face.

Uncertain tax positions

IAS12 provides little guidance on uncertain tax positions (UTPs). In 2016, the Financial

Reporting Council published a thematic review, suggesting greater disclosure of uncertain

tax positions. In 2017, IFRIC 23 was published and it came into force from 1 January 2019.

The most important elements of IFRIC 23 are that it introduces a structure to assess UTPs,

guidance on how to measure a UTP and examples of when a company can reassess that

measurement.

Each uncertain tax treatment is considered separately or together as a group, depending on

which approach better predicts the resolution of the uncertainty. Looking at December year

ends, we found 41 companies making reference to UTPs, with roughly half that number (22

companies) quantifying the provision.

State Aid

On 25 April 2019, the European Council (EC) announced the conclusion of its investigation

into the group financing exemption of the UK Controlled Foreign Company regime. The EC

has determined that this regime represents unlawful State Aid by the UK Government. To

date, many companies have not fully assessed the implications of the judgement and the

method of calculation to be used. Some are responding to this uncertainty by providing a

range of estimates for any potential additional tax payable. A majority of companies state

that no provision is considered necessary.

Our review of half year updates in the FTSE350 showed references to the issue by 53

companies. Of these, 40 quantified the exposure, complying with the contingent liability

disclosure requirement, and five companies stated that they had provided for the liability.

Business model

In the days of straightforward supply chains, it was easier to understand the flows of tax in a

business. Today, companies are increasingly global and complex and the basis on which

companies are taxed is changing to reflect this. How the business model is described in the

strategic report and the links to tax is an important area to consider. This will become even

more important in the future as the OECD progresses with pillar 1 and 2.

Corporate responsibility

We are in an age of ‘Responsible Business’ and some companies link tax to the

Sustainable Development Goals (SDGs). This set of 17 goals saw countries ‘adopt a set of

goals to end poverty, protect the planet and ensure prosperity for all’. Tax is fundamental to

the SDGs since tax revenues are needed to fund investment. Many large corporates have

undertaken to include SDGs within their reporting and some are making the link to tax.

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Page 3: Which disclosures could add value to your business?

PwC

A focus on the statutory/effective rate reconciliation

There is a need for companies to be able to communicate with stakeholders in an easily

understandable way about the tax they pay. Companies do not pay tax at the statutory rate of tax

in the country where their head office is located, but the reasons for the difference between

statutory and effective rate of tax may be a complex combination of legislative adjustments to the

tax base.

IFRS accounting standards1 require companies to explain the relationship between tax expense

(benefit) and accounting profit, but limited guidance is given on the format of that reconciliation2.

We have identified four areas of the statutory to effective rate reconciliation where there may be

scope for companies to develop their thinking and explain their tax affairs in a non-technical way

that stakeholders can understand more easily. Our comments are based on both our BPTA for

Tax Reporting review and a review of over four hundred statutory to effective rate reconciliations

from companies headquartered around the world. Of course, the drivers of the effective rate will

differ and it would not be reasonable or appropriate for all companies to adopt the same format.

1. Some companies exclude the impact of joint ventures and associates from profit before tax

in the reconciliation table so that this doesn’t become a reconciling item. Under IFRS, a

company includes its share of post-tax profits and losses from joint venture and associates

in the group profit before tax. There is no associated tax charge, so this is a reconciling item

unless removed from the profit at the outset.

2. Some companies use a weighted statutory rate to help understanding of the impact of

operations overseas. While many companies operate in a single territory, an increasing

number operate in more than one country but the reconciliation is to the statutory rate in the

head office territory. A weighted rate, using the statutory rates in all countries of operation,

helps the reader to understand the impact of operating internationally. It can be difficult to

calculate, if for example, there are losses or amortisation in particular countries.

3. Some companies provide detailed narrative to describe items reconciling the statutory and

effective rate. There is no ‘standard’ narrative although the 2016 FRC thematic review of tax

reporting recommended that reconciliations separately identify the tax impact of non

recurring items. Although the difference between the statutory and effective rate varies for a

number of reasons, we found that it was possible to categorise these into eight broad

headings, which are shown opposite. Allocating bespoke descriptions of reconciling items to

these broad headings may help stakeholders to better understand the nature of reconciling

items and whether they are likely to be recurring or one-off items. While we appreciate that

a standard format will not work for everyone, consistent headings, supported by bespoke

descriptions could provide clarity. In addition, we found examples of companies providing

separate narrative disclosure of significant items in their reconciliation and linking material

items to other areas of the annual report which assists with understanding.

4. Some companies explain the relationship between the tax charge and tax paid more clearly

which can help the reader to understand the legislative adjustments that mean cash tax paid

is not the same as the tax charge.

Non taxable income

Tax legislation does not tax certain

income, which is included in the

company’s profit and loss account, for

example, dividends received.

Impact of foreign operations

A company with international operations

will be subject to corporate tax at a number of

different statutory rates. This category

identifies the impact of those different

statutory rates compared to the rates in the

head office territory.

Tax losses

Tax losses are available to carry forward to

offset against future profits but if management

believe that losses may be unused, they will

not be included in deferred tax assets and

appear as a reconciling item.

Similarly, losses that have been previously

written off which are then subsequently used

will also appear as reconciling item.

Change in tax rate

A reduction in the statutory rate of corporate

income tax in a country of operation requires a

re-measurement of a company’s deferred

taxes.

Tax legislation disallows a deduction for tax

purposes of some business expenses which

are included as a cost in the company’s profit

and loss account, for example entertaining

expenses, write offs and some legal

expenses.

Non deductible expenses

This category includes unusual and one off

items, but with narrative to provide further

detail on the items included.

Other

Uncertain tax provision adjustments

Tax can be complex and a company’s

tax calculation may be finally agreed a number

of years after it was submitted. During the

period of negotiation, the company may have

carried a ‘tax provision’ to allow for the

uncertainty over the final tax charge for that

year. This category reflects that movement in

tax provision as a result of prior year

settlements.

Tax incentives

Fiscal regimes may contain items designed to

stimulate the economy such as tax incentives

and exemptions. As the CBI statement of tax

principles3 outlines, UK business may respond

to these and this category indicates the

extent to which the business is able to benefit

from tax incentives.

1. International Accounting Standard 12.

2. The Standard permits two alternative methods. (1) A numerical reconciliation between the tax expense (income)

and the product of accounting profit multiplied by the applicable rate(s), disclosing also the basis on which the

applicable tax rate(s) is (are) computed. (2) a numerical reconciliation between the average effective tax rate and

the applicable tax rate disclosing also the basis on which the applicable tax rate is computed.

3. https://www.cbi.org.uk/media/3710/2018-02-07-statement-of-tax-principles.pdf

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Page 4: Which disclosures could add value to your business?

PwC

Extracts

1Pearson addresses common questions such as

“How much corporation tax does Pearson pay?2

Vodafone provide an explanation of corporation tax in the UK along

with some narrative on other payments made.

Source:

1. https://www.pearson.com/content/dam/one-dot-com/one-dot-com/global/Files/news/news-

annoucements/2018/Pearson-tax-report-2017.pdf

2. https://www.vodafone.com/content/dam/vodcom/sustainability/pdfs/vodafone_2018_tax.pdf

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Page 5: Which disclosures could add value to your business?

PwC

Extracts

Source:

3. https://www.angloamerican.com/~/media/Files/A/Anglo-American-

Group/PLC/investors/annual-reporting/2019/tax-and-economic-contribution-report-2018-

full.pdf

4. https://www.lloydsbankinggroup.com/globalassets/lloyds_banking_group_tax_strategy_oct

ober2018.pdf

3Anglo American show temporary differences and special items in the

reconciliation.4

Lloyds Banking Group provide a comprehensive reconciliation from

the profit and loss tax charge to total UK tax paid.

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Page 6: Which disclosures could add value to your business?

PwC

Extracts

Source:

5. https://www.imperialbrandsplc.com/content/dam/imperial-

brands/corporate/investors/annual-report-and-

accounts/2018/annual-report-and-accounts-2018.pdf

6. https://www.prudential.co.uk/~/media/Files/P/Prudential-

V2/reports/2018/prudential-tax-strategy-2018

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6Prudential use a waterfall chart to show the

movement, by country, of corporation tax, other

taxes borne and taxes collected in 2017 and 2018

Imperial Brands outline why uncertain tax positions arise and quantifies the total

value of the provisions

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Page 7: Which disclosures could add value to your business?

PwC

Extracts

Source:

7. https://www.legalandgeneralgroup.com/media/2954/1403

2019_242100698_lg2018_tax_supplement_130319_v2.

pdf

8. https://www.vodafone.com/content/dam/vodcom/sustaina

bility/pdfs/vodafone_2018_tax.pdf

7For the first time this year, Legal and General include a

business model to demonstrate how taxes arise based on

assets, capital, people and customers.

8Vodafone provide a background to the Digital Services Tax

and a discussion on their position with recommendations

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Page 8: Which disclosures could add value to your business?

Contacts

This content is for general information purposes only, and should not be used as a substitute for consultation with professional advisors.

© 2019 PricewaterhouseCoopers LLP. All rights reserved. PwC refers to the UK member firm, and may sometimes refer to the PwC

network. Each member firm is a separate legal entity. Please see www.pwc.com/structure for further details.

191119-135555-TO-OS

Questions to consider

1. What disclosures are

other companies

making on developing

areas such as State

Aid and uncertain

tax positions?

2. How does the narrative

in your statutory/

effective rate

reconciliation compare

to your peers? What

descriptive line items

do you use?

3. How do your tax

disclosures compare

to your sector and

country peers?

How can we help?

Using AI, we have developed an extensive and current data base of disclosures

made in the FTSE350, for example in the areas of uncertain tax positions and State

Aid.

Benchmarking effective tax rates and cash tax rates can provide insight into how

your tax affairs could be perceived by readers of the accounts. RobecoSAM’s tax

rate question assesses companies’ reported tax rates and average cash tax rates

for the last two years to determine any discrepancies between reported and

expected sector tax rates.

PwC’s effective tax rate and cash tax benchmarking data analytics allows you to

assess your key tax rates compared to your global sector or country index.

Benchmarking your tax disclosure narrative against your sector and country peers

provides insight into how an external reader will view your tax affairs.

A tax transparency workshop will consider the question ‘Tax transparency to whom

and for what purpose?’ and explore whether additional disclosures would create

value for your business. It will provide insight into the latest developments in the

evolving tax transparency landscape, discuss who is reading your disclosures,

provide information on the latest trends in transparency, review disclosures made

by the leaders in this area and help you prepare for the question (e.g. from the

Board) of whether you should be disclosing more.

Andrew Packman

Total tax contribution and

tax transparency leader

T: + 44 (0)7712 666441

E: [email protected]

Janet Kerr

Tax reporting and strategy

T: +44 (0)7841 781417

E: [email protected]

Tiffany Outred

Tax reporting and strategy

T: +44 (0)7428 027439

E: [email protected]

Andrew Wiggins

Global and UK Tax Accounting

Services Leader

T: + 44 (0)7803 737681

E: [email protected]

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