Audit committee members should assume that financial information will be made public
Reputational risks
Audit committees need to consider the impact of all three issues as part of their risk assessment. Members have to understand the reputational dangers and be aware of the – sometimes contradictory – forces affecting the company. They should be checking that the company is prepared for this and can answer detailed questions.
Audit committees should also consider whether the company has a robust and transparent relationship with the relevant tax authorities. This can create more certainty about tax treatment and, when problems do arise, allow for a faster dispute resolution, given greater understanding of the background.
It is particularly important to have a good relationship with the tax authority in the home country as, in the new environment, that tax authority may be required to argue its position in disputes with other jurisdictions.
Resources are certainly a factor. With companies expected to gather increasing amounts of data and to implement more nuanced tax policies, there could be a requirement for additional skilled staff in the tax department, more sophisticated systems and the creation of cross-functional teams (including representatives from the public relations department). These issues have to be discussed when determining budgets – and it is critical that the audit committee is aware of these decisions.
Corporate taxes are, of course, only one element of the discussion. For most companies, payroll taxes and VAT payments will be more significant, and the penalties for getting these wrong can be severe. So audit committees should make certain that they focus on all aspects of taxation.
Demands for greater transparency aren’t going away. Audit committees should assume that tax will continue to be a reputational, as well as a financial, issue. Additional public disclosure is inevitable, with greater demands placed on the tax department. It will require significant oversight from the audit committee.
Questions for audit committees to consider
- Do you know what tax strategy your company is adopting or the parameters by which it is deciding that strategy?
- Does management know what the CbC report will look like and what questions it will give rise to if and when it goes public?
- What is the company’s exposure to state aid risk?
- Does the tax department have enough resources to operate effectively?
- Is the audit committee confident that the tax function is able to clearly identify and manage ongoing risks, disputes and litigation?
- Is adequate investment being made into the tax function to allow the company to meet current and future tax compliance and reporting obligations, and to take advantage of tax planning opportunities?
The views of third parties set out in this article are not necessarily the views of the global EY organization or its member firms. Moreover, they should be seen in the context of the time they were made.
Summary
Tax has risen up the audit committee agenda as a result of calls for global companies to be more transparent about what they pay and where. How should audit committees assess the risks associated with tax policies, including the threat of reputational damage?