ITX Insights – April 2024

In focus: What is the best location for a Global Employment Company?

The choice of location for Global Employment Companies (GECs) has an enormous impact on its operational success, and also on the assignees and Senior Executives that the GEC employes. Let’s look at the key factors that highlight the importance of choosing the right location for GECs:

Political stability and legal System: The political stability and legal system of potential GEC locations should be a starting point. Stability and predictability, as well as the protection of property rights and contract enforcement are all crucial consideration for long-term sustainability, business continuity and investment security.

Local Labor Law Compliance

Since the GEC is the legal employer of any assignees and/or Senior Executives working in various overseas locations, understanding and adhering to all applicable labor laws is crucial for GECs to fulfill employer and employee obligations properly. Each jurisdiction has its own set of regulations governing employment contracts, minimum statutory entitlements, working hours, leave entitlements, and termination procedures. Compliance ensures legal adherence and fosters positive employer-employee relationships.  In this context, jurisdictions with a flexible and friendly employment law framework tend to become preferred GEC locations. There are many factors to consider, including the ease of issuing employment contracts to foreign staff, as well as the ease of terminating the GEC contract without incurring onerous end of contract obligations.  Other considerations are mentioned below.

Social Security Considerations

Navigating social security eligibility and agreements is essential for GECs to provide adequate benefits to employees while ensuring compliance. The GEC location will determine the Social Security entitlements and obligations applicable to the company and employees.  In fact, Social Security considerations may become a critical consideration for some assignees when considering whether to accept a GEC employment contract.  When choosing a GEC location, it is essential to understand the Social Security costs and benefits involved, as well as the Totalization Agreements that would be available to assignees of various nationalities deployed overseas. A careful analysis of the Social Security aspect of GEC locations, could help organizations mitigate risks and avoid the need of having to provide supplemental benefits and allowances to compensate the employee for lost contributions, which may prove expensive and administratively complex.

Tax Treaties and Corporate Tax Rates

Tax considerations can significantly impact the financial status of GECs. Leveraging tax treaties between countries can help minimize tax burdens and optimize tax planning strategies. Understanding corporate tax rates applicable to profits generated by the GEC (if any) is essential for financial planning and compliance with tax regulations. It is therefore important to consider the country’s corporate tax rates, incentives for businesses, VAT/GST rates, and withholding taxes. In this context, it is also important to remember the importance of internal cost-recharging, including the adherence to Transfer Pricing rules, as well as Base Erosion and Profit Shifting principles (BAPS), already outlined in an earlier issue of this newsletter.  In addition, as mentioned in the March 2024 issue of this newsletter, establishing the GEC in a location that is considered a “tax haven” may lead to additional scrutiny and reporting requirements.

Labor Unions and Collective Bargaining Agreements

It is important to remember that in some locations there are Collective Bargaining Agreements (CBAs) that may affect specific industries, functions or salary levels. The presence of such CBAs can influence labor relations and operational dynamics for GECs, with an potential impact on contractual conditions, costs, and administration. Therefore, when selecting a GEC location it is essential to explore whether any CBAs would be automatically applicable to some of the assignees employed by the GEC.

Ease of entity setup and Corporate Governance

When considering the establishment of a GEC, organizations are faced with several options, each with its own set of implications.  Once the ideal location has been identified, the next step is to decide whether to establish a new subsidiary exclusively dedicated to act as the GEC, or whether to use an existing subsidiary in that location (if there is one) and use it as the GEC.  There is also the option to establish the GEC as a branch of another local or overseas subsidiary.  Each of these options needs to be evaluated carefully in terms of ease of setup, as well as ongoing Corporate Governance obligations. Factors to consider include Company Formation procedures, regulatory environment, requitements regarding shareholder rights, financial reporting standards, and audit obligations.

Availability of Talent and Infrastructure

GECs need to have “economic substance”, which means that they need to conduct genuine business activities and operations in the jurisdictions where they operate. This concept is crucial to ensure that a GEC is not merely a “shell” entity established for the purpose of tax avoidance.  This requirement implies the need to have the appropriate talent and infrastructure in the GEC’s location, whether in-house, or partially outsourced.  Hence, choosing a location with a skilled talent pool and adequate infrastructure (or the support of a third-party with talent and infrastructure in the right location) fosters operational efficiency, innovation, and scalability. Being part of a thriving business ecosystem facilitates collaboration, knowledge sharing, and market growth.

Several other factors can be included in the evaluation of an ideal location for a GEC. Although some locations are more commonly selected than others, the right choice can vary between organizations depending on their key home and host locations, assignee nationalities, Mobility policies, and other considerations. By meticulously evaluating these factors and aligning them with organizational goals, GECs can be established in the ideal location and support sustainable international growth and global competitiveness to multinational organizations.

If you are evaluating the feasibility of a GEC and would like some guidance on how to approach it, please feel free to reach out to an ITX consultant.

Dispelling the Myth:

Global Employment Companies (GECs) and Tax Compliance

As we address the many myths and misconceptions surrounding Global Employment Companies (GECs), it is worth focusing on a persistent one. GECs are sometimes misunderstood as vehicles for tax evasion. This perception couldn’t be further from the truth. In fact, GECs are often established precisely with an objective to enhance governance, control, and, importantly, tax compliance within multinational organizations.

Contrary to the misconception, establishing a GEC is not about avoiding tax obligations, but rather about achieving greater visibility, transparency, and adherence to regulatory frameworks across multiple jurisdictions. In a survey released by ITX in March 2023 including 32 organizations with a GEC, 93% reported that the GEC model helped them achieve, or partially achieve better governance and compliance.

GECs contribute to better compliance in a variety of ways:

Enhanced Visibility and Consistency

By centralizing employment functions under a GEC, organizations gain better visibility into their global workforce and operations. This centralized approach allows for consistent application of policies and processes across all locations, minimizing discrepancies and ensuring adherence to regulatory requirements, including tax laws.

Established Policies and Processes

GECs often operate under stringent governance frameworks, with clearly defined policies and processes in place. These frameworks ensure that tax compliance is a top priority, with dedicated mechanisms for monitoring, reporting, and mitigating tax-related risks. Such structured approaches promote accountability and facilitate timely intervention in case of any deviations from compliance standards.

Simplified and Streamlined Processes

A key feature of the GEC operating model is the simplification and streamlining of processes. This streamlined approach not only improves operational efficiency but also makes monitoring compliance easier to achieve. With standardized procedures and centralized oversight, organizations can more effectively track and manage tax compliance across various jurisdictions.

Success Metrics

Measuring tax compliance and adherence to regulatory standards is a critical success metric for GECs. Organizations frequently assess their performance based on indicators such as timely tax filings, accuracy of financial reporting, and compliance with local tax laws and regulations. These metrics underscore the commitment of GECs to maintaining integrity and transparency in their tax practices.

In summary, provided there is an organizational commitment to compliance, a well-designed GEC is likely to deliver better visibility and consistency, while also demonstrating a commitment to upholding regulatory standards, including tax obligations.

Learning Corner:

Personal Income Tax Obligations for Expatriates Employed by Global Employment Companies (GECs)

Note:

This article provides a generic and high-level overview of the topic.

You are strongly advised to consult a qualified Tax Consultant to receive relevant advice for your specific circumstances.

One of the recurring questions that often arises when expatriates are employed by Global Employment Companies (GECs) is: Where do they need to pay tax? The answer, in short, is that tax obligations arise in any jurisdiction where an individual is considered a “tax resident.” However, when tax residency is established in multiple jurisdictions, the presence of Double Taxation Agreements (DTAs) becomes relevant in determining which jurisdiction has the primary right to tax the income.

Tax residency refers to the status of an individual (or entity) as a resident for tax purposes in a particular jurisdiction. It is usually determined based on various factors, including the duration of stay, the purpose of stay, and ties to the jurisdiction such as permanent home, family, and economic interests.

Expatriates, especially those from countries that tax income on a global basis, may find themselves with tax liabilities in multiple jurisdictions simultaneously. This can result in complex tax compliance requirements and financial implications. The presence of DTAs and Tax Equalization arrangements helps mitigate some of these complexities but underscores the importance of careful tax planning and compliance. DTAs are bilateral agreements between countries, which provide clarity on which jurisdiction should tax the income first. DTAs often include provisions for determining tax residency, resolving conflicts, and providing relief from double taxation through mechanisms such as tax credits or exemptions.

It is important to note that Tax Residency rules determine where tax should be paid, but International Assignment policies would often clarify who is responsible for such payments. For example, if Tax Equalization policy is in place, the employer would typically be responsible for the payment of the actual taxes where these are due, whilst making a “hypothetical tax” deduction from the employee’s compensation.

Given the intricacies of global taxation, it is crucial for expatriates and employers to work closely with reputable tax consultants to understand their tax obligations in all applicable jurisdictions. Clear policies regarding how taxation aspects of international assignments will be managed are essential for ensuring compliance and minimizing tax-related risks. By proactively addressing tax considerations and leveraging available resources, expatriates and employers can navigate the complexities of global taxation with confidence and clarity.

ITX News

Bite Sized Briefing with the Expat Academy – 18th April 2024

Why are so many corporates looking at introducing a GEC to coexist with their current GM approach?

In today’s increasingly globally distributed workforce, many companies are exploring innovative approaches to complement their existing Global Mobility programs. One strategy gaining traction is the use of a Global Employment Company (GEC) model. This session will delve into the drivers behind the growing corporate interest in GECs and how they can coexist with traditional mobility approaches. Hear from experts on how GECs offer an alternative solution for hiring and managing employees across borders, providing potential cost efficiencies, streamlined compliance, and workforce flexibility. Discover if a GEC model could be a valuable addition to your global talent strategy and learn best practices for integrating it with your mobility framework. Join us for this insightful discussion on the future of global workforce deployment.

ITX at the Global London Business Conference – 23rd April 2024

Simon Davies, Client Strategy Director, and other Mobile Talent masterminds will discuss strategies and tactics to reach solutions.

ITX participating in the 2024 World HR Congress – 14th to 16th May 2024

WHRC 2024 is not just a congress; it’s a transformative journey that promises to reshape the future of Human Resources. Be inspired by insightful keynotes, panel discussions and interactive workshops and enjoy unparalleled networking opportunities throughout the event. Elevate your understanding of HR practices that will empower you with the knowledge and tools needed for success in our dynamic and ever-evolving professional landscape!

 Research Project:

How do companies make decisions about GECs?

ITX launched a research project to gain insights into the genesis and evolution of GECs within various organisations. A full report will be produced in August 2024, and distributed to organizations that participate in this study.

The study is open to all organizations with an international footprint (even if they don’t have a GEC).   The goal is to understand the level of awareness on the topic of GECs, and which factors influence, whether a specific organization will establish a GEC.  Some of the areas explored in the study include:

• What is the level of awareness and understanding of GECs amongst international organizations?
• What are the general perceptions and assumptions associated with GECs?
• What value should a GEC be expected to deliver to an organization in order to be considered as a priority project?
• What is the role of various senior stakeholders in the decision process?
• Do any of the above factors change depending on the industry sector?

If you would like to participate in this study (or if you know someone who may be interested), you can access the survey here.

What difference could a GEC make? Find out in less than a minute.

There could be many good reasons why your organization does not use a GEC today.  But are you able to articulate, hypothetically, how a well-designed GEC could potentially address some of your key challenges? 

Take a quick self-assessment and receive a free customized report with some initial suggestions, in less than a minute.  The automated report cannot replace a detailed consultation, but it will provide some insights on how GECs are delivering value to many international organizations around the world every day.