June 28 - July 1, 2015 IPT 39th Annual Conference * San Diego, California 1 Across the Deep Blue Sea Global C&I: Emerging Trends in Europe July 1, 2015 9:15-10:15 Karen Hensley- Chelstowska, CPA Partner Ernst & Young Dallas, TX Karen.hensleychelstowska @ey.com Teresa J Lynch, JD, LLM, CCIP Senior Director Quintiles Transnational Corp/ Durham, NC teresa.lynch@quintiles.com
Introduction European Credits & Incentives Regulating European Incentives European State Aid Rules European Incentives Considerations ROI Modeling and Clawbacks International Incentives Trends and Notable European Incentives
Europe s Ports are Busy! Inward FDI stock by region (in millions of dollars, 2013) Outward FDI stock by region (in millions of dollars, 2013) Europe 37% Europe 46% North America 22% North America 27% Asia 20% Asia 13% Latin America and the Caribbean 10% Latin America and the Caribbean 5% Transition economies 4% Transition economies 2% Africa 3% Africa 1% Source: UNCTAD, World Investment Report 2014
Europe Remains Top Pick for Land-Lovers The Global Competitiveness Index 2012-2013 rankings Country GCI 2012-2013 Rank Score Switzerland 1 5.72 Singapore 2 5.67 Finland 3 5.55 Sweden 4 5.53 Netherlands 5 5.50 Germany 6 5.48 United States 7 5.47 United Kingdom 8 5.45 Hong Kong 9 5.41 Japan 10 5.40 Qatar 11 5.38 Denmark 12 5.29 Norway 15 5.27 Austria 16 5.22 Belgium 17 5.21 France 21 5.11 Luxembourg 22 5.09 Malaysia 25 5.06 12 European countries are among top 25 United States ranks #7 None of the BRICs are in top 25 As a group, top European countries have maintained their position
European Incentives Considerations Common non-tax incentives Cash grants Wage subsidies Loans Free land/buildings Utility and infrastructure assistance European incentive packages often include both tax and non-tax incentives Hungary Ireland Poland United Kingdom
US vs EU incentives Similarities and differences between US and EU incentives Area EU US Discretionary incentives Highly regulated Flexible Triggers Jobs, innovation Jobs, ROI R&D incentives Huge budgets Weak compared to EU/globe Training incentives Generally weak Customized programs But for requirements Clawbacks Legislation and funding Regional aid illegal without On the rise, but varies state to state Regulation and enforcement on the rise Centralized at EC level State & local fairly autonomous
Regulating European Incentives What is state aid? To qualify as State aid, an incentive must have the following features: 1. intervention by the State or through State resources 2. the recipient gains an advantage on a selective basis 3. competition has been or may be distorted 4. the intervention is likely to affect trade between Member States Governing law Article 107 of the Treaty on the Functioning of the European Union Exceptions to the general rule (Article 107(2) and (3)) Why control state aid? The Treaty generally prohibits State aid unless it is justified by reasons of general economic development The European Commission is responsible for ensuring this prohibition is respected and exemptions are applied equally
Regional State Aid vs Horizontal State Aid Regional supportive of local economy Maximum aid intensities vary by region and are based on GDP per capita Incentives for job creation and capital expenditures Horizontal supportive of common interest Maximum aid intensities consistent across EU Incentives for R&D, training, sustainability
Treasure Map
2014-2017 Regional State Aid Map
June 28 - July 1, 2015 IPT 39th Annual Conference * San Diego, California 11 Competition Policy During EU Economic Recovery Crisis in the financial/banking sector State aid actions aimed at overcoming the crisis in the real economy Temporary state aid rules established to speed up recovery Latest state aid and merger cases
WTO Rules and Notable Incentives Trends WTO Considerations Agreement on Subsidies and Countervailing Measures Limitation on domestic content requirements US. v. India solar incentives Trends Preferential treatment for SMEs ROI modeling on the rise Clawback enforcement increasing Focus on research, development, and innovation EU scrutiny on incentives and transfer pricing (APAs) OECD focus on BEPS
European Incentives Considerations How is the provision of incentives influenced? Tax systems change Economic performance Progression of incentives as countries develop EU policy shifts global concerns Common taxes affecting European operations Income and capital gains Social contributions Consumption (VAT/Sales/GST) Customs Property
Examples of Taxes & Corresponding Incentives Income taxes R&D Super Deduction (UK) Special Economic Zones (Poland) VIP package (Hungary) R&D Tax Credit & Competitiveness & Employment Tax Credit (France) Social contributions Employer s Share of Employment Taxes (Netherlands) VAT ICMS reductions (Brazil) Customs Foreign Trade Zones (Global) Exemption for certain equipment (Russia)
Which incentives should a company pursue? Incentives should never drive the site selection process Companies should take a holistic approach that takes into account their wider tax position Refundable or non-refundable? Transfer pricing Principal company protection Country s tax rate Layering and net benefit considerations Layering opportunities (UK case study) No double dipping Cash grants and depreciation Net present value / expiration Investment vs Operational Investment is one time Operational is ongoing
Product Life Cycle R&D Pilot Operation Innovative Research cash grants Development tax incentives Small scale test pilots cash grants Implementation New jobs / investments / green Operational Expenses: Training, continued R&D Supra national / national grants designed to attract innovation CIT credits CIT deductions Employment tax Royalty withholding tax reduction/rebate Grants supporting piloting after initial R&D is complete Cash grants CIT holidays Accelerated depreciation Energy grants/credits Property tax abatements Training grants R&D credits/ Deductions Patent boxes Payroll tax refunds Utility discounts
June 28 - July 1, 2015 IPT 39th Annual Conference * San Diego, California 17 UK R&D Grants Innovate UK Offers competitive grant funding to UK based companies seeking funding for innovative products or services Between 5,000 and 10 million Available for all types of business ventures from pre-startup to large MNCs. Grant funds can provide Feasibility studies up to 150,000 R&D Catalysts - 150,000 to 10 million for qualifying projects in agri-tech, biomedical, energy and industrial biotech industries. Must work with a research partner or other businesses. Collaborative R&D - 25,000 to 1 million for qualifying projects in science, engineering or technology. Must work with a research partner or other businesses Innovation vouchers - 5,000 for start-ups, micro, SMEs Source: www.gov.uk/government/organisations/innovate-uk
June 28 - July 1, 2015 IPT 39th Annual Conference * San Diego, California 18 UK R&D Grants Scotland R&D Grants R&D grants are available to support businesses developing new products, services and processes to improve competitiveness for the benefit of the Scottish economy. Grant funds cover up to 35% of eligible project costs for up to 3 years. The project must provide significant innovation and have significant risks associated with the developing of the new product, service or process. R&D grants must be applied for and are awarded by the government after careful review. The selection process takes into account: The nature of the R&D Job creation/retention of R&D jobs Local supplier needs Global market opportunity (commercialization) IP Societal impact, environmental impact, sustainability and health & safety.
June 28 - July 1, 2015 IPT 39th Annual Conference * San Diego, California 19 UK R&D Grants Scotland R&D Grants The company must demonstrate The resulting product, service or process is commercially viable. The company has the required management, technical expertise and resources to ensure success of the project. Financial assistance is needed to support the project ( but for ). The project and company are financially viable. Grant funding is available at: Up to 35% of eligible project costs up to or above 100,000 for SMEs. Up to 25% of eligible project costs for large enterprises. Grants > 100,000 must create net new Scottish R&D jobs. Source: http://www.scottish-enterprise.com/services
June 28 - July 1, 2015 IPT 39th Annual Conference * San Diego, California 20 EUREKA France UK R&D Grants Mainly provides interest-free refundable loans. Grants are also possible for industrial research phases. Grant funding is available at: France R&D Grants Up to 40% of eligible project costs for large companies with < 2000 employees. For companies > 2000 employees, funding may be available but will have special rules. Application is submitted by the French partner and includes information about the innovative nature of the project, projected economic return, competition position, business plan, consortium agreement draft, collaborative aspects of the project (plans for knowledge sharing, IPR, results exploitation, management organization, etc.). EUREKA Cluster grants are available providing 30% of eligible project costs for qualifying projects on a competitive basis. Check annual calls for proposals. Source: http://www.eurekanetwork.org/france/funding
June 28 - July 1, 2015 IPT 39th Annual Conference * San Diego, California 21 France R&D Grants EUROSTAR Grants Mainly provides interest-free refundable loans. Grants are also possible for industrial research phases. Grant funding is available at: Up to 30% of eligible project costs for large companies with < 2000 employees. No funding for companies > 2000 Eligible expenses: Personnel costs Overheads: 20% of personnel costs Intellectual property, patent extension etc. Market research Feasibility study Experiment Project management and associated costs, namely transportation Development of new or improved products, process or services, design and implementation of prototypes, models, pilot productions, demonstration etc. Source: http://www.oseo.fr/notre_mission/nos_equipes_en_region (in French)
June 28 - July 1, 2015 IPT 39th Annual Conference * San Diego, California 22 The High-Tech Strategy Germany R&D Grants Innovation is achieved through new technologies, innovative services and social change, but is also driven by the global challenges which demand new solutions and answers. Ideas. Innovations. Prosperity. High-Tech Strategy 2020 for Germany. All Federal research programs are concentrated within the Federal High-Tech Strategy. This Strategy aims to solve perceived global challenges in the following areas: Climate/Energy Health/Nutrition Mobility Security Communication About 5 billion is set aside each year for qualifying R&D projects for grant funding. Grant funding is available at: Up to 50% of eligible project costs (more for SMEs) Collaboration between project partners, SMEs and research institutions, is usually required. The federal government periodically posts calls for R&D project proposals for specific research topics followed by a competition of best project ideas. Source: http://www.gtai.de/gtai/navigation/en/invest/investmentguide/incentive-programs/r-and-d-incentives.html
June 28 - July 1, 2015 IPT 39th Annual Conference * San Diego, California 23 EU Funding - R&D Grants Horizon 2020 The EU provides funding for a broad range of projects and programs including research & innovations. The program consists of three core pillars Excellent Science Industrial Leadership Societal Challenges Between 2014 and 2020, the EU will provide almost 80 billion in funding for research, mainly through its flagship research program Horizon2020. This funding usually takes the form of grants, to part-finance a broad range of research projects. http://ec.europa.eu/programmes/horizon2020/en
4 May 2015 Horizon 2020: Overview Horizon 2020 is the European Framework Programme for Research and Innovation. It is subsequent to FP7 and covers the period 2014-2020. Horizon 2020 support research and innovation projects and programmes in ground basic research, strategic and applied research, demonstration projects and close-to-market activities with a budget of EUR 79 billion in total. It offers substantial funding opportunities for industrial players from across the world for R&D and innovation projects e.g. in the fields of ICT, energy, transport, health, environment, security, manufacturing, biotechnology, material science. Four different forms of funding: cash grants, prizes, procurement and financial instruments Call for proposals are published on a regularly basis in thematic Work Programmes. Projects are selected on a competitive basis. A single funding rate: Up to 100% of total eligible costs, limited to maximum 70 % for actions close to market Most projects are of collaborative nature (at least three applicants from three different member states or associated countries)
4 May 2015 Horizon 2020 Key Topics and Budgets Space 509 New technologies and applications / international cooperation Production / Materials 3,797 Nanotechnologies / advanced materials / advanced manufacturing and processing (Factories of the Future) / Biotechnology ICT Euratom 1,603 7,939 Components and systems / advanced computing / future Internet / content technologies and information management / Robotics Micro- and nano-electronic technologies / Photonics Fission, Fusion technologies Security 1,695 Crisis Management / Protection of critical infrastructures / Urban security / Boarder security / Cyber security Environment 3,081 Sustainable supply of raw materials / environment protection / biodiversity / water management Tranport/Logistics Food 3,851 6,339 Technologies and concepts for rail, road, aviation and waterborne transport modes / urban mobility / logistics and intelligent transport systems / electric vehicles Food production systems / food security / sustainable consumption / agriculture and forestry / marine life and technology Energy 5,931 Energy efficiency / storage technologies / alternative fuels / low carbon technologies / heating and cooling technologies / smart cities Health / Life Science 7,474 Technologies for disease prevention / diagnostic tools / selfmanagement, assistant living / e-health * All numbers are in Mio. Euro based on constant 2011 prices
4 May 2015 International participation in Horizon 2020 EU Member States Associated Countries Non-EU countries / Third Countries Austria, Belgium, Bulgaria, Cyprus, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherland, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, UK Israel, Norway, Iceland, Turkey, Former Yugoslav Republic of Macedonia (FYROM), Serbia, Albania, Montenegro, Bosnia & Herzegovina, Faroe Islands, Moldova* Countries from Africa, Asia, Latin America, Eastern Europe and Central Asia, Mediterranean Partner Countries and Western Balkan are also automatically eligible for funding (a full list can be found in the general annex) Not included: USA**, Canada, Australia, New Zealand, Brazil, Russia, India, China and Mexico for which funding is only granted in exceptional cases * Expected list of Associated Countries. Negotiation processes are still ongoing. The status of Switzerland is currently unclear. Swiss institutions will not be able to participate in 2014. * * In recognition of the opening of the US National Institutes of Health s programs to European researchers, any legal entity established in the United States of America is eligible to receive Union funding to support its participation in projects supported under all topics in calls under the Societal Challenge Health, demographic change and well-being
US participation in FP7 Amounts of requested EU financial contribution (in million) in retained proposals for FP7 calls concluded in 2007-2012 Source: http://ec.europa.eu/research/evaluations/pdf/archive/fp7_monitoring_reports/6th_fp7_monitoring_report.pdf
4 May 2015 Factors to keep applications afloat Applying for Horizon 2020 project funding is a complex, time-consuming task and a highly competitive process For applications to be successful, certain factors need to be taken into account: Powerful consortium covering all relevant stakeholders and key innovation drivers Excellent, complementary and multidisciplinary character of the consortium A pan-european consortium, i.e. comprising at least (!) 3 partners from 3 different countries Track record of the project coordinator (experience with managing innovation projects) Strong financial and administrative capability of the applicants to cope with administrative burden of the application process and the own contribution Well defined objectives and work plan Quantification of the expected impact Strong market uptake dimension and development of business models Efficient project management structure Anchorage in the political environment
4 May 2015 Horizon 2020 Timeline Month 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 Initiation phase 1-2 months Application phase 2-3 months Evaluation phase max. 5 months Negotiations phase max. 3 months Implementation phase 2-4 years Application submission Evaluation result s Grant agreement signature
June 28 - July 1, 2015 IPT 39th Annual Conference * San Diego, California 30 Life Environment Cash grants for demonstration or pilot projects No consortium required Projects for sustainable products or processes post R&D Reimbursement of 30% of costs Budget available from 2014-2017 of $3.2 billion Call opens June 1, 2015 Applications due September 2015 Two-phased approval process Projects should start ~June 2015
June 28 - July 1, 2015 IPT 39th Annual Conference * San Diego, California 31 BON VOYAGE! Thank you!