death of the alp in a digital world going the way of the...
TRANSCRIPT
All Rights reserved © Sam Sim 2019
FIT Mumbai 2019
Death of the ALP in a Digital World – Going the Way of the Polaroid?
Sam Sim
Research Fellow, SMU Center for Artificial Intelligence & Data Governance
Updated from Research at Vienna University
All Rights reserved © Sam Sim 2019
Framework
1. Align Taxation to Value Creation
2. Value is Created by Data and User Participation
➢Significant Consumer Engagement
3. Nexus = Who can Tax vs TP = How much to Tax
➢Apportionment vs Valuation
➢Arm’s Length Principle as an objective valuation method➢Commensurate with income, marked to market, fair market value
2Source: https://hbr.org/2019/11/how-should-we-measure-the-digital-economy
All Rights reserved © Sam Sim 2019
Target Significant Consumer Engagement – Justified?
3Source: McKinsey
All Rights reserved © Sam Sim 2019
Targeting Consumer Facing Taxpayers – Justified?
4
All Rights reserved © Sam Sim 2019
Online Consumer Facing Platforms Predominate
5
All Rights reserved © Sam Sim 2019
Targeting Consumer Facing Taxpayers – Justified?
6
All Rights reserved © Sam Sim 2019
Why Only Align Corporate Income Tax?
All Rights reserved © Sam Sim 2019
Rates Trending Down
8
All Rights reserved © Sam Sim 2019
Redesigning a Smaller & Smaller Slice?
9Source: https://www.oecd.org/tax/tax-policy/about-global-revenue-statistics-database.pdf; https://taxfoundation.org/publications/sources-of-government-revenue-in-the-oecd/
All Rights reserved © Sam Sim 2019
Corporate Tax Relative to Other Taxes
10
All Rights reserved © Sam Sim 2019
True Challenge to the ALP
➢Formulary apportionment cf CCCTB experience
➢You cannot tax what you cannot measure
➢Shaking the Foundation - Classical economics free market a) Tangible vs Services and Intangiblesb) Technologyc) State Capitalism
11Source: https://hbr.org/2019/11/how-should-we-measure-the-digital-economy
All Rights reserved © Sam Sim 2019
Value Creation in A Digitalised World- Data and Active User Participation
All Rights reserved © Sam Sim 2019
US - China – India Interests Converge as They Dominate the Global Digital Economy
13All rights reserved 2018 Sam SIM
Internet users/Mobile phones (US cf China): 293m, 252m cf 829m, 783m
All Rights reserved © Sam Sim 2019
All Rights reserved © Sam Sim 2019
All Rights reserved © Sam Sim 2019
India – AI Superpower with Global Reach
©TYSim
India produced a whopping 2.6 million STEM graduates in 2016, second only to China and more than 4 times the graduates produced by USAhttp://niti.gov.in/writereaddata/files/document_publication/NationalStrategy-for-AI-Discussion-Paper.pdf
Indian immigrants leading companies such as Adobe Systems, Nokia, Global Foundries and Mastercard, Google (Pichai) and Microsoft (Nadella), Amazon (SVP Amit Agarwal, part of Bezos’ S-team)By 2012, nearly 16% of start-ups in Silicon Valley had an Indian co-founder even though Indians represented just 6% of the region's populationhttps://www.latimes.com/business/la-fi-indians-in-tech-20150812-story.html, https://timesofindia.indiatimes.com/city/bengaluru/amazon-india-head-is-now-global-senior-vice-president/articleshow/57681203.cms
Top 5 of the Foremost 50 India AI developers Hedgehog Lab – Newcastle, UKThirdEye Data – Santa Clara, USAKnoldus Inc – CanadaHubspire – New YorkQuovantis Technologies – Pasadena, USAhttps://themanifest.com/in/artificial-intelligence/companies
All Rights reserved © Sam Sim 2019
17https://www.statista.com/topics/2157/internet-usage-in-india/; https://www.ibef.org/uploads/industry/Infrographics/large/Ecommerce-Aug-2018.pdf
460m internet users, India is the second largest online market, ranked only behind China and above the US. Only 26% penetration with much greater growth potential
Number of Internet Users end 2017 (millions)
India – The Other ‘Saudi Arabia’ of Data
All Rights reserved © Sam Sim 2019
“Oil Producers” of the Digitalised World
18
All Rights reserved © Sam Sim 2019
https://www.vox.com/2018/5/30/17385376/mary-meeker-kleiner-slides-code-conference-chinese-tech
China – Low "Extraction Costs”?
All Rights reserved © Sam Sim 2019
Tempering the Exuberance – Refining the New ‘Oil’
©TYSim
UK Treasury Paper – ‘The Economic Value of Data’
a) Data is ‘non-rivalrous’ - single piece of data can be used in multiple algorithms and applications at the same time. > means difficult to establish the rights to use, exclude and transfer data.
b) Data can generate positive externalities - While data can reveal new findings and insights if it is aggregated, linked and analysed, the benefits might not be directly foreseeable and may not always accrue to the data creator or controller. As a result, valuable data may be under-exploited or under-share
c) Data exhibits economies of scope - Merging two complementary datasets may produce more insight than keeping them separate. Means that the potential value of data may not always be foreseeable to the data controller
Source: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/731349/20180730_HMT_Discussion_Paper_-_The_Economic_Value_of_Data.pdfhttps://hbr.org/2016/09/bad-data-costs-the-u-s-3-trillion-per-year
Data Curation a DEMPE function? Harvard Business Review/IBM: Bad/poor quality data cost an $3.1 trillion yearly in the US (2016)50% —time that knowledge workers waste in hidden data factories, hunting for data, finding and correcting errors, and searching for confirmatory sources for data they don’t trust.60% —time that data scientists spend cleaning and organizing data
All Rights reserved © Sam Sim 2019
One Cannot Tax What One Cannot Measure
Let the Market Speak- 3rd Party Arm’s Length Transacted
Value of Data and Users
All Rights reserved © Sam Sim 2019
What Value – Data & User Participation ?
©TYSim
World Economic Forum: Global data economy is pegged at $3 trillion. The fundamental issue “Who owns the data and has intellectual property rights on it”? Forbes Technology Council: Over 4% of all jobs in the U.S., along with over 5% of national output, come from the contribution that data makes to the economy.Europe: every new data center built drives between £397 million and £436 million a year in new value for a country.
Source: https://www.weforum.org/agenda/2017/09/the-value-of-data/https://www.forbes.com/sites/forbestechcouncil/2018/10/03/how-to-realize-the-value-of-your-data/https://hbr.org/2016/09/bad-data-costs-the-u-s-3-trillion-per-yearhttps://medium.com/permissionio/how-much-is-your-data-worth-c28488a5812e
https://datamakespossible.westerndigital.com/value-of-data-2018/dawn-of-data-marketplace/
Accenture
Value of Personal DataWordstream, in 2017, the average cost per Google AdWords click was $2.32. Dark Web (KeeperSecurity.com)Bare details of a credit card (name, card number, expiry date) = 0. Add in the owner’s address and email or diver’s license = $20-$25. 1 debit card, 2 credit cards, driver’s license, email, physical address = $100. Netflix password = $3.00. Spotify password = $2.80. Bank account with $15,000 or more password = $1000. Complete medical record = $1000Breach of personal data- insurance company paid 75,000 users $100 per person
All Rights reserved © Sam Sim 2019
Independent Market View - Value of Data & User Participation
Source: Various Sources; Lyft FORM S-1 REGISTRATION STATEMENT https://www.sec.gov/Archives/edgar/data/1759509/000119312519059849/d633517ds1.htm#toc633517_11
All Rights reserved © Sam Sim 2019
Sense & Sensibility: Value Creation & User Value “Eyeballs”, “Page
Views”, “Clicks”
(Wall Street Dot Com Era analyst reports on internet companies lacking assets)- In a report entitled “Yahoo, Yippee, Cowabunga …,” Mary Meeker asserted that “forty million unique sets of eyeballs andgrowing in time should be worth nicely more than Yahoo’s current market value of $10billion.” Just four months later, the fact that Yahoo’s pageviews had risen 25% topped Meeker’s “five key financial highlights” — above revenue growth and changes in expenditure.
Source: Blood on the Streets by Charles Gasparino on page 65; https://m3publishing.co.uk/how-do-you-assess-the-value-of-a-click/; https://www.adweek.com/brand-marketing/when-procter-gamble-cut-200-million-in-digital-ad-spend-its-marketing-became-10-more-effective/; https://www.kdnuggets.com/2016/06/walker-linkedin-microsoft-value-user-data.html, Silicon Dragon
Market Cap/M&A Value per User(Capital markets, M&A - Jun 2016)
• LinkedIn: $26.2bn acquisition price from 443 MM users = $59.14 per user
• Facebook: $323bn market cap from 1.65 B users = $195.76 per user
• Twitter: $11.01bn market cap from 310 MM users = $35.52 per user
• Google: $401bn market cap on 1.2bn searchers = $334.17 per searcher
• Yahoo: $5bn offer price from 800 MM users = $6.25 per user
VC investment 2010 cf 2018 US – 46.4bn, 111bnChina – 5.6bn, 105bnAlipay, WeChat pay -900m users, Pinduoduo –Social commerce app – 300m users
All Rights reserved © Sam Sim 2019
Shaken not Stirred- Classical Core of the ALP
All Rights reserved © Sam Sim 2019
Questioning the Economic Foundations of TP
1. Classical Economics➢Labour, Land, Capital + X?
➢Functions, Assets, Risks + X?
2. Problem is Dealing with Technology➢Solow growth model, Schumpeter – creative destruction
➢Measuring ICT - Contribution of the information sector as a share of total GDP has barely budged since the 1980s, hovering between 4% and 5% annually and reaching a high of only 5.5% in 2018. To paraphrase the economist Robert Solow, we see the digital age everywhere except in the GDP statistics
➢Micoeconomics level – value of data, user participation, free internet service
3. Free Markets Assumption➢Challenge of State Capitalism
26Source: https://hbr.org/2019/11/how-should-we-measure-the-digital-economy
All Rights reserved © Sam Sim 2019
Consumer Surplus by Digital Category
27Source: https://hbr.org/2019/11/how-should-we-measure-the-digital-economy
Consumers value some digital categories more than others. Search engines, email, and maps, for example, have no comparable off-line substitutes, propelling them to the top of the list
All Rights reserved © Sam Sim 2019
Economic Freedom of the World: 2018 Annual Report
28Source: https://www.fraserinstitute.org/studies/economic-freedom-of-the-world-2018-annual-report
All Rights reserved © Sam Sim 2019
State Capitalism
29Source: https://voxeu.org/article/state-owned-enterprises-global-economy-reason-concern
All Rights reserved © Sam Sim 2019
State-Owned Enterprises – Relevant to Carve-out?
30Source: https://voxeu.org/article/state-owned-enterprises-global-economy-reason-concern
All Rights reserved © Sam Sim 2019
Blockchain – Restoring the Pure ALP?
1. Verified Trust = Cooperative compliance
2. Micro-transaction data yields CUPs, overcome lack of comparables = restoration of pure arm’s length principle
31
Source: IBM Research, Whitepaper Blockchain/DLT: A Game-Changer in Managing Multinational Corporations’ Intercompany Transactions?
All Rights reserved © Sam Sim 2019
Things Fall Apart, the Centre Cannot Hold?
Broad Church that has survived the Test of Time➢1920s to today
➢Trade in tangibles to services & intangibles, served globalization well
➢Three Traditional Methods lack comparables, add Profit Split & TNMM
➢Internet Dot-com Boom-Bust 1990s-2000
➢Mobile Capital: Attribution of Profits to PE
➢Mobile Intangibles: DEMPE
➢Blockchain and the restoration of transactional level comparables
But It is Not A Silver Bullet to Political Determinations32
All Rights reserved © Sam Sim 2019
Sam Sim
33
Education
» New York University School of Law (LL.M. Tax), admitted New York attorney-at-
law
» Cambridge University (B.A., M.A. Economics)
» Singapore Management University (Master in Professional Accounting), CPA
» National University of Singapore (LL.B.), admitted advocate & solicitor of the
Supreme Court of Singapore
Background
» Member, Income Tax Board of Review & International Association of Tax Judges
» Senior Advisor, Vienna University, Global Tax Policy Center
» Research Fellow, SMU Center for Artificial Intelligence & data governance
» Member, UK Chartered Institute of Taxation, ADIT committee
» IBM, Geo-leader, Europe, Middle East, Africa, Asia-Pacific, Greater China &
Japan
» Standard Chartered Bank, Deputy global head, Transfer pricing
» Tax Executive Institute, Regional VP for EMEA, AP and Latin America
22 Faber Terrace, Singapore 129017, Singapore
Phone: + 65 9234 4608Email: [email protected]
All Rights reserved © Sam Sim 2019
https://www.ibfd.org/IBFD-Products/Asian-Voices-BEPS-and-Beyond
https://shop.wolterskluwer.com.sg/items/2082SS
https://store.lexisnexis.com.sg/products/the-logic-and-practice-of-transfer-pricing-skusku960032/details
Broad Church