Professional Documents
Culture Documents
December 2022
Global Finance Department
• The leading principle for the setting of IC pricing is guided by the at arms’ length concept for Transfer Pricing
compliance purposes. Therefore the expected net margins to be earned by the NEC CA’s in accordance with TP
regulations will drive the IC price setting between the relevant NEC entities for the relevant product, service or
solution.
• The objective of this guideline is to standardize the IC pricing process within NEC group and to facilitate agreement
and internal communication more efficiently.
• This guideline will be applied for transactions and new contract negotiations to be agreed in the Budget process
starting after November 2022 related to transactions to be executed in FY2023.
• The expected net margins to be earned are dependent on classification of the prime CA and the type of covered
transactions. For this guideline 5 different types of transactions have been identified at this stage.
• Prime CA performs the sales function with/without the provision of the value add IT service while the Sub contractor
CA performs the research and the development ("R&D") function and bears the R&D risk. Prime CA's function and
risk are relatively limited while the Sub contractor CA performs the complex value add function and bears the
material and entrepreneurial risk.
• Under regular business circumstances CA’s that bear limited risk on the basis of a functional, assets and risk analysis,
are typically expected to have a positive OM within the applicable benchmark, while the Sub contractor CA earns the
excess profit or suffers the excess loss.
• Therefore, for the IC transactions in scope of this Guideline it is recommended to verify the actual operating profit
margin at the set and agreed price and review the price setting if necessary before
the next year budget to ensure the OM is within the required benchmark range.
• The net margin was set based on benchmarking results by an external consulting firm
• Net margin is defined as: Gross margin at distribution or markup against total cost in case of rendering Services.
• Covered transactions are the following transactions: Distribution of hardware/software & IT service or Service
Rendering
with/without
IP
Trans action at
Bus ine s s domain CA as prime contractor/ Sub-contractor Prime contractor's function Example
this guide line
Prime : GBU s upe rvis e d CA ・Sale s activitie s Trans action 1 Ne w bus ine s s
Digital Gove rnme nt/ Digital Sub : SWS or KMD ・Cus tome r manage me nt
1
Finance (Limite d-ris k dis tributor)
Prime : GBU s upe rvis e d CA No.1 plus Trans action 2 Ne w bus ine s s
Sub : SWS or KMD ・De live ry s upport
Digital Gove rnme nt/ Digital
2 ・Mainte nance s upport
Finance
(Value -adde d dis tributor which doe s n't have e ntire proje ct
re s pons ibility)
Prime : GBU s upe rvis e d CA Prime CA s ource s products from Sub contracor CA and Trans action 3 NECAM Law Enforce me nt
Sub : NEC Corporation dis tribute s it to the cus tome r. Prime CA acts as more value - APAC Biome trics
Digital ID (Biome trics , adde d dis tributor of this de al and be ars the bus ine s s ris k LATAM Safe r Citie s
3
Safe r City s olutions ) and the bus ine s s accountability while Sub contractor CA is Hong Kong Biome trics
the IP owne r of products . (Curre nt major contracts re late d Digital
ID)
Prime : GBU s upe rvis e d CA ・Sale s activitie s Trans action 1 Ne w bus ine s s
4 5G Ne twork Sub : NEC Corporation or COE ・Cus tome r manage me nt
(Limite d-ris k dis tributor)
Prime : GBU s upe rvis e d CA Prime CA s ource s products from Sub contracor CA and Trans action 3 Trans port s olution
Sub : NEC Corporation dis tribute s it to the cus tome r. Prime CA acts as more value - Re tail s olution
5 Ente rpris e adde d dis tributor of this de al and be ars the bus ine s s ris k Manufacturing indus trie s s olution
and the bus ine s s accountability while Sub contractor CA is
the IP owne r of products .
Transaction
Transaction
Tr
an
sac
t io
n
N/A N/A
Box 3 – BU’s Box 4 –
in NEC HQ NEC subsidiaries Japanese
All BU at HQ
in Japan subsidiaries
Global BU, Enterprise BU, Network Services Major Japanese NEC subs:
BU, Public Infrastructure BU NEC Platforms, NESIC, NEC Fielding, NEC
Solutions Innovators, Abeam Consulting, NEC
Communication Systems
NEC Corporation
<Transaction 1>
Prime Contractor Gross Margin :
Covered Hardware (HW) and Distributions
(Limited-risk distributor) Target Operating Margin 3% + transactional SGA/Sales ratio for each CA
software(SW)
20% *
(Gross Margin)
<Transaction 2>
Prime Contractor Gross Margin :
Covered Hardware (HW) and Distributions
(Value-added distributor) Target Operating Margin 5% + transactional SGA/Sales ratio for each CA
software (SW) with IT services
Prime Contractor
<Transaction 3> (More Value-added The appropriate level of the operating margin for Prime Contractor is calculated and decided
Distributions
Sourcing of Covered product distributor which bears separately based on the function, risks and the contribution by Prime Contractor.
business risks)
* In Brazil, efforts are currently underway to align with the OECD transfer pricing guidelines, and it is recommended to pay close attention to these trends and review them in a timely
manner.
E 7 NEC Europe 7%
M 8 NEC Turkey 6%
E
・ SW A
9 NEC XON 7%
Sub-contractor ・ Delivery 10 NEC Saudi 7%
11 NEC Corporation 9%
IP owner ・ Maintenance 12 NEC Australia 7%
13 NEC New Zealand 7%
<Transaction> 14 NECAPAC 7%
15 NEC Thailand 7%
Prime CA acts as Limited-risk Distributor A
P 16 NECOMAL 7%
<Pricing> A 17 NEC Philippines 6%
C
18 NEC Indonesia 6%
The Gross Margin of Prime CA should be computed backward so that
19 NEC Vietnam 9%
Prime CA can earn the targeted Operating Margin 3% after the 20 NEC India 7%
・ For each sales case, the percentage resulting from the 13 NEC New Zealand 17% 4% 7%
14 NECAPAC 17% 4% 7%
sum of steps is used to weigh SGA as the Contribution.
A 15 NEC Thailand 16% 4% 7%
P 16 NECOMAL 18% 4% 7%
Steps Role SGA Weighting Transaction1
A 17 NEC Philippines 13% 3% 6%
Sales activities Contact establishment, key people/ role mapping 25% 25% C
18 NEC Indonesia 10% 3% 6%
Delivery support Support delivery for sub contractor which takes responsibility for entire delivery 25% 19 NEC Vietnam 24% 6% 9%
Maintenance support Support maintenace for sub contractor which takes responsibility for entire support 25% 20 NEC India 16% 4% 7%
Activities as principal Take respobsibility for entire project and bear the material risk 25% 21 NEC Hong Kong 22% 6% 9%
22 NEC Taiwan 20% 5% 8%
The Gross Margin of Prime CA should be computed backward so that Prime CA can earn the targeted Operating
Margin 5% after the deduction of the sales and general expenses. 182
SGA
Weighting Benchmarking
<SGA% vs. sales> 75% results
・ 4 steps of possible CA’s Contribution are identified 11 NEC Corporation 25% 19%
5%
24%
12 NEC Australia 17% 12% 17%
and equally weighed.
13 NEC New Zealand 17% 13% 18%
・ For each sales case, the percentage resulting from the
14 NECAPAC 17% 13% 18%
sum of steps is used to weigh SGA as the Contribution.
A 15 NEC Thailand 16% 12% 17%
<Transaction>
Prime CA sources Covered product from Sub-contractor CA and distributes it
to the customer. Prime CA acts as more value-added distributor of this deal
and bears the business risk and the business accountability.
Customer
<Pricing>
To be decided according to the situation of the case ((i) The product
・ Sales activities price between Sub-contractor CA and Prime CA should be computed backward
Prime contractor ・ Customer management so that Prime CA can earn the appropriate operating margin after the
(CA) ・ Delivery
deduction of the sales and general expenses. The appropriate level of the
・ Maintenance
operating margin for Prime CA is calculated and decided separately in
accordance with the transfer pricing method (i.e. Transactional Net Margin
Method or Profit Split Method) based on the function, risks and the contribution
by Prime CA. The targeted GM is calculated through adding the targeted OM
Sub-contractor ・ S/W
and the transactional SGA/Sales ratio. (ii) If Sub-contractor CA has the price to
・ Maintenance
the third party with the same conditions, the product price between Sub-
contractor CA and Prime CA can refer it as Comparable Uncontrolled Price.)
16
Transaction 4 – Service Rendering
<Transaction>
<Pricing>
The (Net) Cost Plus method is typically used for determining
Service Payment an arm’s length compensation for Providers of these services.
Cost plus : Total cost markup + Direct cost + Indirect cost
Recipient
Transaction Function CA to earn Target Target Margin (Total Cost Markup (Markup against Total Cost))
Americas EMEA APAC India Brazil
* In Brazil, efforts are currently underway to align with the OECD transfer pricing guidelines, and it is recommended to pay close attention to these trends and review them in a timely manner.
<Pricing>
The (Net) Cost Plus method is typically used for determining
Service Payment an arm’s length compensation for Providers of these services.
Cost plus : Total cost markup + Direct cost + Indirect cost
Recipient
Transaction Function CA to earn Target Margin Target Margin (Total Cost Markup (Markup against Total Cost))
India Other regions
• The Guideline only applies to the IC transactions between the NEC group entities, therefore the targeted
OM of this guideline is calculated based only on the IC transactions and not on the entire P/L of the
BU/company which includes 3rd party transactions
• The Guideline itself is not a guideline which governs the TP and tax compliance management with the
necessary TP compliance adjustment mechanisms and processes.
• It is a pricing guideline for IC transactions mainly within the budget process and does not facilitate
adjustments for actuals. The required adjustment mechanisms for actuals should be considered in the
draft global TP policy.
• The Guideline is only applicable to GBU controlled companies. Non-GBU companies do not apply the
Guideline yet, however may do so in the near future.
• IPO and SCM functions and transactions executed as regional hub or centralized purchasing entity for
the regional NEC group, does not fall within the scope of the Guideline.
• The Guideline will not apply for current existing transactions and business of Avaloq Group, NetCracker
Group, Wireless division and Global Innovation Unit (Contract R&D function); existing TP
documentation and policies continue to apply to these current transactions and businesses
• The Guideline will also apply to new transactions in Avaloq Group, NetCracker Group, Wireless division
and Global Innovation Unit of these new transactions have not been covered by the respective existing
TP documentation and policies.
• The Guideline can also be applied from November 2022 for new transactions in current financial year
FY2022 agreed between the relevant NEC group entities, which was not in the FY2022 budget setting.
In case the new transactions fall within the scope of existing TP documentation and policy in at least one
of the NEC entities concerned, the existing TP documentation has priority over this guideline.
Transaction 1
Sub-contractor Prime-contractor
SWS/ KMD CA
① SW Development SW ① Sales SW
② Delivery Delivery ②Customer Delivery Customer
③ Maintenance Maintenance Management Maintenance
IP
Transaction 2
Sub-contractor Prime-contractor
SWS/ KMD CA
SW ① Sales SW
① SW Development
Delivery ②Customer Delivery
② Delivery
Management Maintenance Customer
③ Maintenance Maintenance
③Delivery support
④Maintenance
support
IP
Customer
HW SW
IP HW SW
Delivery
Delivery
Maintenance
Maintenance
Transaction 3
22 © NEC Corporation 2021
【 Example 】 Transaction 4 & 5
Transaction 4
Transaction 5
Global Shared Service
Center Recipient
1. Q&A
2. Benchmark report
3. Simplified FAR Matrix
4. Full list of NEC group companies and BU’s