Alternative Tax Apportionment Issues Confronting Multistate Companies
The 2018 National Multistate Tax Symposium Take the …€¢No tax surprises and good tax...
Transcript of The 2018 National Multistate Tax Symposium Take the …€¢No tax surprises and good tax...
The 2018 National Multistate Tax SymposiumTake the lead—Tax reform and fortifying state positions
February 7-9, 2018
Positioning with the C-Suite—Tips for Tax department professionalsJohn Mimlitz, Express Scripts, Inc.Marilyn A. Wethekam, Horwood Marcus & Berk Chtd.Jason Wyman, Deloitte Tax LLP
February 7-9, 2018
3Copyright © 2018 The National Multistate Tax Symposium: February 7-9, 2018
•C-Suite – What do they really want?
•Build your story - Visualization
•Open discussion
Agenda
5Copyright © 2018 The National Multistate Tax Symposium: February 7-9, 2018
5C-Suite’s view of the Tax function?
Role of the Tax function in general
Financial value
•Cost center v. profit center
•Revenue generation
•Drive competitiveness through tax policy
6Copyright © 2018 The National Multistate Tax Symposium: February 7-9, 2018
6C-Suite’s view of the Tax function?
Management of risk and reward for the corporation
•Avoid schemes and strategies harmful to brand
•Never accept tax laws as they are – embrace policy opportunities.
Role in corporate strategic decisions
7Copyright © 2018 The National Multistate Tax Symposium: February 7-9, 2018
Business model and competitive issues
Business model changing and disruption, technology and digitization, regulatoryand macroeconomic demands impact the context for CFOs
Current CFOs face a changing business context
• New disruptive competitors and business models
• Convergence across industries and obliteration of traditional industry boundaries
• Products or services to products + services
• Competing on design and experiences
• Activism and capital allocation
• Managing the digital finance opportunities: Cloud, Robotic Process Automation, Blockchain, Cognitive and In-memory
• Accounting for complex product service combinations
• Developing the next generation of leaders across multiple/different locations, cultures and generations
• Talent: changing workforce demographics, inclusion, diversity, and the “gig economy”
Finance operations issues
8Copyright © 2018 The National Multistate Tax Symposium: February 7-9, 2018
Business model changing and disruption, technology and digitization, regulatoryand macroeconomic demands impact the context for CFOs
Current CFOs face a changing business context
Technology-driven issues
• Real-time connectivity driving transparency
• The Internet of Things drives new levels of asset efficiency and new models of competition
• Social, mobile, analytics, cognitive and cloud transforming competition
• Digital initiatives demand capital
• Fracturing of countries, markets and regulations – “globalization and its discontents”
• Increasing regulatory demands
• Tax reform?
• The “bathtub” recovery, new “normal” and contestable markets
• Resource constraints – water, energy, minerals
• Aging populations
Regulatory, demographic and macroeconomic issues
9Copyright © 2018 The National Multistate Tax Symposium: February 7-9, 2018
This changing business context drives increased expectations of CFOs as a catalyst and strategy partner to the CEO
Provide financial leadership in determining strategic business direction, M&A, financing, capital market and longer-term strategies vital to the future performance of the company
Catalyze behaviors and change across the organization to execute strategic and financial objectives
Protect and preserve the critical assets of the organization and accurately report on financial position and operations to internal and external stakeholders
Catalyst Strategist
Steward Operator
CFO
Threshold performance
Balance capabilities, talent, costs, and service levels to fulfill the finance organization’s core responsibilities efficiently
10Copyright © 2018 The National Multistate Tax Symposium: February 7-9, 2018
Traditional finance and technical skills are necessary, but change management, influence and strategy skills are more vital going forward
As C-Suite demands grow we observe three different CFO archetypes
Each archetype is likely to have a different career journey, different levels of tax expertise, different relationships with the board and audit committee, and different needs of tax from a communications perspective.
Most CFOs want the following from Tax
• No tax surprises and good tax stewardshipand operations
• Foresight into what is likely to happen and plans to mitigate risk
• Value from effective tax planning
• Support for their strategist catalyst rolesas a CFO
• A positive brand ambassador of financeto the business
Traditional CFO
focused on finance
The CFSOThe chief
financial and strategy officer
The CFOOThe chief
financial and operating officer focused broader (IT, real estate Procurement,
etc.)
11Copyright © 2018 The National Multistate Tax Symposium: February 7-9, 2018
Specific areas align to the relationship and opportunitiesAligning the role of the CFO with the role of the board
Governance frameworkThe four faces of the CFO
Strategist Performance, strategy, governance
Catalyst Performance, strategy, talent
Steward Governance, integrity, risk
Operator Performance, talent
12Copyright © 2018 The National Multistate Tax Symposium: February 7-9, 2018
The audit committee: The CFO is the primary management contact
Specific areasof oversight
• Internal controls and financial reporting
• Risk oversight and understanding the business
• External/Internal audit and management
• Ethics and compliance
A few emergingareas of emphasis
• IT strategy, riskand security
• Global tax planning, treasury and cash management
• Overseeing finance talent/succession planning
• Emerging markets, including FCPA implications
• Delegation of authority refresh
• Effective utilizationof internal audit
• COSO framework
• Revenue recognition standard
• Lease accounting standard
Audit committeeeffectiveness
• Agenda settingand prioritization
• Executive sessions
• Information management
• Other committee coordination
• Meeting typeand frequency
• Managing the sizeof the gallery
• Performance evaluations and self-assessments
Risk management: Who is responsible for risk oversight and how do boards make sure nothing gets missed? Reputation/crisis management is an issue of increased relevance
Cyber and technology: In addition to cyber security and risk, aspects of broader technology come up often. Potentially, the existence of legacy systems have increased risk for error, post-merger integration of systems, etc.
General effectiveness: How do audit committees cover everything required and allow time for deeper discussions on risk, strategic topics, the future? How do they also making sure that they have people with the right skills to address the issues coming at them? How do they ensure the materials provided to the committee effectively and efficiently convey the information needed to make decisions?
Audit committee top issues
13Copyright © 2018 The National Multistate Tax Symposium: February 7-9, 2018
A demand for more transparency and an increased focus on reputation and risk drives the increased relevance of tax executives in the boardroom
Be prepared to answer the following questions when with the audit committee
•How is management keeping current on global tax issues and the potential for changesin tax policy?
•Does the company have adequate resources (funding and skills) to address responsibilities and opportunities related to the changing tax policy and legislative landscape?
•How can legislative changes and tax policy affect the company’s effective tax rate, tax reserves and financial reporting?
•Are the company’s tax disclosures in its financial reporting accurate, understandableand complete?
•What are the company’s most significant tax risks related to process and technical issues?
•What assumptions are embedded in transfer pricing, UTP, and establishing reserves?
Source: “Taxes In The Boardroom,” Thomson Reuters, July 2012
14Copyright © 2018 The National Multistate Tax Symposium: February 7-9, 2018
Strong communications are vital for the influence essential to execute the catalystand strategist roles
Some observations on communications
1
2
3
Clear and concise communications
Strong communications skills requires listening
Effective communications demand you adjust and adapt to the listener – know thyself and the other
Influence without authority is predicated on likeability, trades,and capacity to coalesce the power to persuade
Functional skills are the table stakes –getting to the next level demands change skills
The C-suite and boards expect
16Copyright © 2018 The National Multistate Tax Symposium: February 7-9, 2018
Data visualization is the presentation of data in a pictorial or graphical format. It enables decision makers to see analytics presented visually, so they can grasp difficult concepts or identify new patterns.
Definition from: http://www.sas.com/en_us/insights/big-data/data-visualization.html
17Copyright © 2018 The National Multistate Tax Symposium: February 7-9, 2018
2Know Your Data (Data Science)
Review information, collect data, correct errors, and prepare for analysis
1Know Your Audience (Design Thinking)
What are their challenges? What motivates them? What do they need?
4Build It Out (Visualization Tools)
Execute your plan, leverage the right technology, and make a prototype
3Find Your Message (Data Storytelling)
Understand the purpose, find the story, and sketch it out and wireframe it
5Make It Effective (Design Principles)
Engage your audience, draw attention, and show your point of view clearly
Data Visualization: How do we do it correctly?
Creating compelling data visualizations takes five steps
18Copyright © 2018 The National Multistate Tax Symposium: February 7-9, 2018
2Know Your Data (Data Science)
Review information, collect data, correct errors, and prepare for analysis
1Know Your Audience (Design Thinking)
What are their challenges? What motivates them? What do they need?
4Build It Out (Visualization Tools)
Execute your plan, leverage the right technology, and make a prototype
3Find Your Message (Data Storytelling)
Understand the purpose, find the story, and sketch it out and wireframe it
5Make It Effective (Design Principles)
Engage your audience, draw attention, and show your point of view clearly
Step 3: Find your message
Creating compelling data visualizations takes five steps
20Copyright © 2018 The National Multistate Tax Symposium: February 7-9, 2018
Contact information
Jason Wyman
Deloitte Tax LLP
John Mimlitz
Express Scripts, Inc.
Marilyn A. Wethekam
Horwood Marcus & Berk Chtd.
22Copyright © 2018 The National Multistate Tax Symposium: February 7-9, 2018 Copyright © 2018 Deloitte Development LLC. All rights reserved.
Simply visualizing data is not always enough to show the true significance to the audience. While determining the proper visualization, consider providing the data in a context to emphasize a point.
Know your message
Are you displaying information in a simple and intuitive way?
What is the theme or focus?
Are you trying to make a point or persuade your audience?
Is the objective and your stance on the topic presented clearly?
Key visualization questions
23Copyright © 2018 The National Multistate Tax Symposium: February 7-9, 2018 Copyright © 2018 Deloitte Development LLC. All rights reserved.
Sketches aim to visualize ideas and concepts that will be shared with others to obtain feedback before investing time and resources in building
Tools: Whiteboard, Paper, Pens, and Post-it Notes
Wireframes are page-level diagrams designed to communicate ideas and content for the visualization, website, infographic, or app
Tools: Microsoft PowerPoint, Axure, Illustrator,and Balsamiq
WireframingSketching
http://fastvue.co/tmgreporter/blog/how-we-designed-the-fastvue-dashboard
http://fastvue.co/tmgreporter/blog/how-we-designed-the-fastvue-dashboard
Resist tools initially—though comforting to jump into a known tool, sketching first could impact your solution and change the tool you use
Find your message: Drafting
Capturing high-level ideas without being constrained by tools
24Copyright © 2018 The National Multistate Tax Symposium: February 7-9, 2018 Copyright © 2018 Deloitte Development LLC. All rights reserved.
2Know Your Data (Data Science)
Review information, collect data, correct errors, and prepare for analysis
1Know Your Audience (Design Thinking)
What are their challenges? What motivates them? What do they need?
4Build It Out (Visualization Tools)
Execute your plan, leverage the right technology, and make a prototype
3Find Your Message (Data Storytelling)
Understand the purpose, find the story, and sketch it out and wireframe ith
5Make It Effective (Design Principles)
Engage your audience, draw attention, and show your point of view clearly
Step 4: Build it out
Creating compelling data visualizations takes five steps
25Copyright © 2018 The National Multistate Tax Symposium: February 7-9, 2018 Copyright © 2018 Deloitte Development LLC. All rights reserved.
2Know Your Data (Data Science)
Review information, collect data, correct errors, and prepare for analysis
1Know Your Audience (Design Thinking)
What are their challenges? What motivates them? What do they need?
4Build It Out (Visualization Tools)
Execute your plan, leverage the right technology, and make a prototype
3Find Your Message (Data Storytelling)
Understand the purpose, find the story, and sketch it out and wireframe ith
5Make It Effective (Design Principles)
Engage your audience, draw attention, and show your point of view clearly
Step 5: Make it effective
Creating compelling data visualizations takes five steps
26Copyright © 2018 The National Multistate Tax Symposium: February 7-9, 2018 Copyright © 2018 Deloitte Development LLC. All rights reserved.
Your data is only as good as your
ability to communicate it.
(and design can help you do that.)
27Copyright © 2018 The National Multistate Tax Symposium: February 7-9, 2018
Executive summary
TaxPOV
29Copyright © 2018 The National Multistate Tax Symposium: February 7-9, 2018
This presentation contains general information only and the respective speakers and their firms are not, by means of this presentation, rendering accounting, business, financial, investment, legal, tax, or other professional advice or services. This presentation is not a substitute for such professional advice or services, nor should it be used as a basis for any decision or action that may affect your business. Before making any decision or taking any action that may affect your business, you should consult a qualified professional advisor. The respective speakers and their firms shall not be responsible for any loss sustained by any person who relies on this presentation.
About DeloitteDeloitte refers to Deloitte Tax LLP, a subsidiary of Deloitte LLP. Please see www.deloitte.com/us/about to learn more about our legal structure. Certain services may not be available to attest clients under the rules and regulations of public accounting.
Copyright © 2018 Deloitte Development LLC. All rights reserved.