The Sr. Director of Tax will be an integral part of the business team and will participate in Cepheid business related projects that (may) have a tax impact (e.g., corporate (re-)structuring, including establishing and eliminating entities, business integrations, organizational changes, acquisition related due diligence work, contractual reviews, potential business model or physical supply chain changes for new territories or specific countries, etc.) in close interaction with Danaher’s tax team, external advisors, corporate controlling and local finance.
This will include:
- Structure: Understanding the relevant tax structures that the local Cepheid entities are part of, and how those might be impacted by the restructuring.
- Communication: Keeping the central, regional and local finance teams associates with tax responsibility within Cepheid up to date of the changes in relevant tax and transfer pricing legislation with impact on Cepheid´s businesses; acting as the intermediary between Danaher Tax and Transfer pricing teams and the business; being seen as a real business partner by other Cepheid functions such as Operations, Human Resources, and Commercial Operations,
- Business Acumen: Understanding the business(es) and the strategic value drivers, the link(s) to local and global direct taxation and how the two can come together to create value for the corporation mid and long term, e.g. by operational tax planning measures with impact on the creation and location of R&D, IP, R&D tax credits, WHT benefits, etc.
- Governance: Defining and optimizing Cepheid’s tax compliance framework and underlying processes, in line with the policies and guidance set out in Danaher’s Global Tax Manual. Includes coordinating Danaher’s requirements for an annual tax certification; meeting tax deadlines for tax provisions, tax forecasts, FIN48 reporting, etc; introducing/following Standard Operating Procedures to provide a solid tax control framework.
OTHER TAX MATTERS CEPHEID GROUP (PE and Business Change matters)
- Lead the establishment and maintenance of the global Cepheid Business Change policy for tax and transfer pricing related matters.
- Be responsible for the annual Permanent Establishment certification to DHR and proactively monitor and resolve any open action items.
Specific Responsibilities
Tax planning:- Manage corporate tax risks and opportunities
- Provide support in business initiatives and transactions having corporate tax implications
- Work with Danaher Corporate Tax to maintain and improve tax efficient structures
- Monitor Permanent Establishments risks and maintain policies to mitigate
- Tax Compliance:
- Monitor tax compliance
- Define policy on tax compliance [prepared either internally (with appropriate review) or outsourced]
- Register Permanent Establishments where appropriate, ensuring all obligations are met
- Local GAAP financial statements
- Monitor preparation and reconciliation between US GAAP accounts and statutory accounts, impairment reviews and tax disclosures.
- Coordination of statutory audits.
- Manage tax audits
- Lead or support tax audits, either internally or through selection of advisors
- VAT
- Ad-hoc advisory in certain countries
- Trade Compliance and Customs Duties
- Cooperate with Trade Compliance function to ensure timely, complete and accurate customs declarations and duty/indirect tax payments and returns
- US Tax Accounting
- Prepare and review packages for completeness and accuracy and consistency with TP policies
- Prepare and review FIN 48 package for tax risks related to operational matters, including transfer pricing.
- Prepare and review Monthly Tax Accounts Rollforward packages
- Prepare and review EBT forecast by entity (6 times per year) for completeness and accuracy and consistency with TP policies
- U.S. Tax Compliance
- Prepare and review packages for completeness and accuracy and consistency with tax group reporting policies.
- Prepare and review packages for completeness and accuracy and consistency with tax group reporting policies, including maintaining tax depreciation records and support for all book/tax temporary differences.
- M&A
- Participate in due diligence in M&A, Cepheid or Danaher initiated and contribute to tax efficient structuring
- Implement structures post M&A
- Transfer pricing
- Understanding the legal structure of Cepheid Corporation and its Global Value Chains; conducting legal entity Operating Margin testing and financial segmentation analysis to ensure that each legal entity maintains arm’s length margins; preparing adjustments when needed, in coordination with Danaher’s global transfer pricing team; monitoring local compliance with transfer pricing rules; and coordinating documentation activities with KPMG and the finance personnel of Cepheid’s multiple legal entities worldwide
TRANSFER PRICING CEPHEID GROUP
- Structure: Serve as the Cepheid Global Transfer Pricing Champion. Establish, along with Cepheid Finance and Danaher Transfer Pricing Team, Cepheid’s Global transfer pricing policy including setting clear rules on responsibilities, operational implementation, and communication with all parties that may be impacted in finance, business operations and Danaher Transfer Pricing Team. Design and implement standard and effective operational transfer pricing processes for Cepheid operating companies globally in compliance with Danaher transfer pricing standard work. Monitor compliance with policy.
- Annual Documentation: Coordinate with Danaher TP team and Cepheid operating companies’ annual global transfer pricing documentation engagement including master file, and local country files and related reporting deadlines. Coordinate segmented P&Ls by source of supply, to ensure the Cepheid group timely provides the required information for transfer pricing documentation in accordance with the Danaher timeline for local entity files and Country by Country reporting.
- Entity profitability: Establish and drive a process to monitor and adjust actual and projected entity profitability based on functions and source of supply. Periodically adjust operational transfer prices in coordination with finance, customs, and IT, to ensure that TP Policy is met and reduce reliance on retroactive TP adjustments. Calculate retrospective transfer pricing adjustments when necessary in conjunction with Danaher Transfer Pricing.
- Intercompany Agreements: Draft and maintain all inter-company agreements contemporaneously.
- Quarterly Global Value Chain (GVC): Partner with Danaher Transfer Pricing team to maintain Cepheid GVC map documenting the major value-add functions, assets and risks of each Cepheid legal entity in the intracompany supply chain and the physical flow of intracompany products by source of supply and invoicing flow associated with these functions as part of the TP Sox Compliance process.
EBIT FORECASTING CEPHEID GROUP
Maintain Cepheid forecast by legal entity based on expected transfer price results in accordance with the Danaher standard work.
1. Legal entity EBIT forecast – Understanding and managing the forecast process and adjustments throughout the year for Cepheid Corporation and its subsidiaries in line with Danaher’s standard work.
2. Planning / Business partnering –Partnering with the Danaher tax team regarding tax governance and supply chain planning activities.
Basic Requirements Education and/or Experience – Bachelor’s degree with 14+ years of experience OR Master’s/Doctoral degree with 12+ years of experience AND 4+ years managing people
- Bachelor’s Degree in Accounting, Finance, Business Administration, Tax Management or related discipline. MBA degree and or CPA certification strongly preferred.
- 7+ years of Finance & Accounting experience in a global organization with a high regard for results-driven growth and profitability, with transfer pricing and/or corporate income tax experience in a medium/large-sized US multi-national company and/or big4 accounting firm.
- Experience in managing complex transfer pricing frameworks in a multi-national environment.
- Very good understanding of transfer pricing rules and experience in operational transfer pricing.
- Good understanding of US tax principles and US tax accounting (current and deferred tax).
- Good understanding of principles of taxation.
- Experience with using SAP (or equivalent ERP) or HFM.
Preferred Requirements:
- Finance manager with hands-on experience managing a P&L and driving growth and business operations; proven ability to serve as a business tax strategist to partner with multiple business and functional leaders.
- Forward thinking with a willingness to engage in all aspects of the business. Strong P&L and Tax orientation with a demonstrated ability to achieve financial commitments.
- Excellent business and analytical skills with a high degree of intelligence and creativity. Significant successful experience as a senior/divisional financial executive in a complex manufacturing setting.
- Superior technical financial skills, balanced with sound business judgment. The ability to effectively balance financial and operational factors and to analyze complex business problems and develop appropriate solutions in a timely and responsive manner.
- Solid working knowledge and understanding of SEC and SOX compliance
Position Competencies:
- Proven strategic finance business partner with a strength in compliance and an appreciation for the interplay between the functional groups.
- Builds relationships and influences teams and individuals at all levels of the organization.
- Motivates strategy to action.
- Leads in a global environment.
- Cultivates and enables breakthrough thinking to drive growth.
- Encourages balanced risk taking to advance innovation.
- Champions continuous improvement.
- Solves problems.
- Builds strong, effective and diverse teams.
- Creates followership through collaboration.
- Operates with transparency and is trusted.In-depth knowledge and ability related to strategic operational thinking.
- Ability to prepare and communicate clear and compelling messages to senior leadership.Strong analytical, financial, and reasoning abilities.
- Executive presence and excellent interpersonal, oral and written and communication skills.
- Proven ability to recruit, train, and motivate employees to balance staffing strength and develop future leaders.
- Ability to establish credibility and be decisive but able to recognize and support the organization’s preferences and priorities.
- Results oriented with the ability to balance other business considerations.