Creativity & innovation: an abnormality in the financial sector? Presentation for the European Parliament Brussels – March 4th, 2009 Department for Economic and Fiscal Innovations (DEFI) DEFI : R&D department in the bank having for Mission Statement the creation and the commercialisation of new products and solutions answering the clients needs An example of Corporate Entrepreneurship in a bank Source of innovation, transformation and growth by: (1) being a leader in the design, creation and commercialisation of innovative financial & tax engineered products & services for the fullservice bank in the Benelux. (2) accelerating profit growth with the DEFI “Cyclone”: Innovation -> Wholesale Banking Clients -> Private Banking -> Wholesale Banking Clients -> Innovation. “Innovative Products Incubator” DEFI’s Cyclone Innovative Products New business leads Wholesale Clients Innovative products Incubator Wholesale Clients Better knowledge of company’s executives: Improved overall relationship (cross-selling) • Efficient networking within the company PB Retail • Private Banking Leads The TAX SHELTER case The bank objectives were the following: • Differentiation from the other competitors • Create a cultural visibility for the bank • Cross-selling and new profit opportunities Difficulties to face: • The bank bureaucratic model: • Heavy procedures • Lack of commitment in the organisation • Inadequacies with the core business strategy What is the Tax Shelter? It is: A Belgian tax incentive intended to stimulate investments in the audiovisual and cinematographic industries. For? All domestic companies and Belgian establishments of foreign companies. Tax benefit: The tax shelter entitle companies to an immediate exemption of the total profit before tax up to 150% of the amount invested provided that all the legal obligations are met. This exemption is limited to: • 50% of total profit before tax during the taxable period • And an absolute exemption of EUR 750,000 (= maximum investment of EUR 500,000). Investment: • 40% of the investment amount is allocated in the form of a loan, and • 60% of the investment amount concerns the acquisition of rights to some of the proceeds coming from the production/exploitation of the audiovisual work (equity). Page 5 What is the Tax Shelter? Tax benefit: The tax shelter entitle companies to an immediate exemption of the total profit before tax up to 150% of the amount invested provided that all the legal obligations are met. This exemption is limited to: • 50% of total profit before tax during the taxable period • And an absolute exemption of EUR 750,000 (= maximum investment of EUR 500,000). Investment: 40% of the investment amount is allocated in the form of a loan, and 60% of the investment amount concerns the acquisition of rights to some of the proceeds coming from the production/exploitation of the audiovisual work (equity). Page 6 Tax Shelter Invest: features How much? Minimum investment EUR 50,000 and maximum EUR 500,000 (per EUR 10,000) How? By signing the subscription form attached to the ” Tax Shelter Invest” tripartite agreement The investment is in two parts: 60% direct investment in “EQUITY” Entitlement to part of the future income from the film: => for 5 years following the end date of the film « + » a put option issued by the main producer: => makes it possible to resell the rights at a predetermined price; Investment (60 – 40) => that varies depending on the selected term of the investment (return 4.52%): - 10.371% for an investment for 6 months - 11.727% for an investment for 12 months - 13.083% for an investment for 18 months => may be exercised for a period of 12 months starting from repayment of the loan 40% in the form of a loan The investor can choose between terms of 6, 12 and 18 months Gross interest: 6.847% (net interest: 4.52%) Secured by a bank guarantee issued by a BELGIAN Bank. Page 7 Tax Shelter Invest: Example Year Tax Shelter Tax Total - EUR 500,000 + EUR 254,925 - EUR 245,075 (investment) (Tax benefit: EUR 500,000 x 150% x 33.99%) N+0 + EUR 267,674 N+1 + EUR 267,674 (Loan EUR 200,000, net interest EUR 9,039 and put option EUR 58,635) => Total flows = 4.52% NET / year Page 8 + EUR 22,599 Structure of the product INVESTOR TAX SHELTER INVEST MAIN PRODUCER TAX SHELTER PRODUCTIONS What is the role of each of these parties? Page 9 Tax Shelter Invest: safe investment Loan + interest: • Are covered by a bank guarantee given by the bank to the investor. Equity/Put: • Right to a portion of the future proceeds during the next 5 years • The guarantee that these rights can be resold at a predetermined price to the Main Producer during the 12 months following repayment of the loan Tax benefit: • Observance of legislation concerning the expenses in Belgium (check by TS productions based on internal procedures) • “Recognised Belgian audiovisual work” attest (prior check by TS productions) • “End of film” attest guaranteed by the producer Page 10 Advantages of the investment Financial and tax security: • The bank guarantee • Tax ruling given by the tax authorities • Secured banking product Returns: • Net return higher than current market interest rates • Product that can deliver a substantial saving in the case of insufficient tax prepayments • Flexibility regarding the maturity (6,12 or 18 months). Originality: • Cultural product to promote investments in the Belgian audiovisual industry • Leading bank thanks to co-operation with Mr. Quinet and Mr. Bouckaert (both chairmen of the professional association of film producers) Simple: • One contract • Delegation of management and supervision to experts Page 11
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