The concept of tax effective supply chain management isn't a new concept; nonetheless, its importance in Europe can not be over emphasized. In order to attain a competitive edge within Europe, every component of supply chain planning and management should be woven within a thorough analysis of tax effective supply chain management.
Consider for instance VAT and its impact on cash flow. Businesses in Europe are in principle able to recover VAT on the materials and services that they buy to make further supplies, products and services that are directly or indirectly sold to end-users. The key determinate within the EU in deciding which member state collects VAT is where the supply and consumption occur. The current maximum standard VAT within the EU is 25% (this is the rate in Sweden) and the EU's standard minimal rate is 15%, as is the case in Luxembourg. The period for recovery of VAT can span from two months in France, three to four months in Germany and eighteen months in Italy. When a company imports goods into any EU country from outside of the EU, VAT becomes due. Herein lies the problem, the interest cost necessary to finance VAT payments prior to reimbursement can be significant. One needs to look beyond just a member state's official rate and investigate country specific VAT payment schemes. A number of EU countries offer VAT payment postponement schemes, typically 30 days. However, The Netherlands and Belgium (with some limitations) offer complete VAT deferments with quite reasonable administrative requirements.
The Dutch system of VAT deferment for imported goods is without a doubt in this author's opinion the most convenient and cash flow friendly scheme. Under this scheme, the import VAT is declared in the VAT declaration but it doesn't have to be paid. For companies struggling to maintain positive cash flow in tough market environments or companies just beginning direct distribution in Europe, the impact of such schemes on cash flow can be significant. Therefore, it's critical to calculate and analyze the potential impact of VAT on cash flow and available deferment schemes in selecting countries for the importation of goods and the placement of distribution operations.
As with VAT, import duties have similar impacts on cash flow. Normally, duties are due on importation within the EU. Import duties are the same throughout the EU, however, as with the case of VAT, EU countries offer differing schemes for postponing payment of duties. Many have significant restrictions and administrative hurdles in such schemes. Once again, The Netherlands and Belgium offer attractive schemes through the use of customs bonded facilities. While not a novel concept, the advantage of these facilities is that goods don't have to be stored within specific trade zones; instead, companies can have their own warehouse facilities designated as customs bonded warehouses, which are self administered. In these facilities duties are not paid until the goods are shipped out of the facility into free circulation within the EU. However, if goods are shipped out of the bonded warehouse directly to customers outside of the EU, duties for those goods are no longer due to that EU country. Such advantages are not limited to The Netherlands and Belgium, but the key take-away point is that not all schemes are the same. Do your homework in advance.
Duty payments are assessed on goods based on the county of origin, the type of goods and the goods' value. Therefore, there could be an certain monetary advantages in shipping products into the EU as sub assemblies instead of finished goods depending on the difference in assessed duties. There is no question that companies have realized substantial savings by employing this strategy. Another consideration is whether to produce or assemble the final product in non-EU Eastern European countries that have achieved candidate or pre-candidate ascension status. Such countries, like Macedonia, have been granted preferential trade status which has provided them with subsequently lower duties for products imported into the EU. Given the trend toward more onshoring and nearshoring, the combination of extremely low labor rates, proximity to market and the incremental reduction in import duties, companies should seriously evaluate the opportunities afforded by locating certain production in Eastern Europe.
Perhaps the most critical factor in planning and managing a supply chain in Europe is developing an optimal structure for the procurement of goods, production and sales/distribution of product and services in Europe that minimizes corporate tax liability. I have personally witnessed companies reduce their annual tax liabilities by tens of millions. The most popular structure is accomplished by the formation of a Principal company in a country that offers a specific tax ruling for this type of structure. The two countries known for giving the most competitive rulings for Principal companies are Switzerland and Ireland. These ruling reduce corporate tax liabilities respectively in these countries to effective rates of about 9.6% and 12.5%.
Without going into too much detailed tax law, a Principal must assume certain activities and risks; i.e. raw materials/component procurement, contracting for consignment/contract manufacturing within or outside the corporate group, outsourcing logistics to providers inside and outside the corporate group, demand/planning, IT, R&D , supply chain management, etc. In order to make this structure work, European country affiliates are converted to legal entities know as either "Commissionaires" or "Limited-risk distributors" with only slight differences between the two. The sale and distribution is then done in each country by the foreign distribution affiliate for and on the account of the Principal company. Thus, only a portion of the sales profit is attributed to the "Commissionaire" or "Limited-risk distributor" which is typically located in a much higher corporate tax base country. The logic behind the concept is to reduce exposure of profit in these high tax base countries and have it flow up to the low tax base country; i.e., Switzerland.
This structure takes some extensive planning, organization and execution (such as acquiring tax rulings in all the host countries affected and relocation of personnel). Nevertheless, the tax savings can be substantial. Moreover, there are a lot of synergies that can be gained and redundancies avoided by this structure. In particular, it allows for centralization of pan-European supply chain management teams which in turn avails itself to enhanced visibility and dash board controls. This kind of supply chain management centralization is increasingly crucial to sustain the many hybrid distribution models, i.e., virtual inventory management, that are being utilized throughout the European region; a region with many unique and fractured markets.
By no means is this an exhaustive or in depth discussion of why good tax effective supply chain management is so important in Europe. None the less, it hopefully defines why this is a salient issue that must be given careful attention across all levels of management, and it especially behooves senior Supply Chain management to grasp the big picture. In a world where so many products have become mere commodities, those companies that thoroughly grasp and execute good tax effective supply chain management can not only survive but also profit from its practice.
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