Kyndryl UK Tax Strategy
Background
Kyndryl is the world’s largest IT infrastructure services provider serving thousands of enterprise customers in more than 60 countries. At Kyndryl, we design, build, manage, and modernize the complex, mission-critical information systems that the world depends on every day. Kyndryl creates value for clients by providing integrated solutions and products that leverage data, information technology, and deep expertise in industries and business processes, with trust and security and a broad ecosystem of partners and alliances. Kyndryl’s solutions provide new capabilities for clients that transform their businesses and help them engage with their customers and employees in new ways.
At Kyndryl, we take the long view. That means grounding strategy and business decisions in core values that will endure through decades of political, technological, and societal change. Kyndryl is also committed to exemplary corporate citizenship. We have a deep sense of responsibility both inside and outside the company, including a focused determination to enhance the communities in which we do business through our Corporate Social Responsibility strategy.
The Kyndryl Code of Conduct sets the standards of behaviour Kyndryl expects all employees to adhere to. Annual education on the Code of Conduct is required of each employee, including the tax department. Under the Code of Conduct, we have a clear responsibility to fully comply with the laws in the countries in which we operate, which includes the UK.
Guiding Principles
Kyndryl’s approach to tax governance is aligned with Kyndryl’s core values. The guiding principles with respect to its global tax obligations are:
- Compliance: Comply with all tax laws, regulations and reporting and disclosure requirements, including the UK;
- Collaboration: Establish and maintain a relationship with the tax authorities based on collaboration and integrity, including HM Revenue and Customs;
- Risk Management: Apply diligence and care in the management of all tax-related activities; and
- Governance: Maintain a tax governance framework consistent with Kyndryl’s broader corporate governance policies.
Compliance
All of Kyndryl’s revenue is subject to tax and substantially all its revenue is reported in the same country where its clients are located. Kyndryl timely files all tax returns and disclosures and remits taxes due as required by local laws and regulations.
Collaboration
Kyndryl is subject to the examination of its income tax returns by many tax authorities around the world, including the UK. Kyndryl’s approach to audits is uniform: we are committed to engaging in open and respectful dialogue with the tax authorities (including HM Revenue and Customs), responding to audit inquiries in a timely manner, and disclosing all relevant facts.
We are committed to working closely with governments to provide business perspective and assist in addressing business or technical guidance questions pertaining to draft tax regulations and policies. Kyndryl also participates in various business industry groups that advocate for predictable, stable, and transparent tax policies and tax administrative practices. Many of the industry groups provide technical input on tax policy and the impact of various regulatory approaches on the business community.
Regarding advocacy, whether through industry groups or independently as Kyndryl, we do not espouse a partisan or political point of view. Kyndryl is also committed to meaningful management, oversight, and accurate reporting with respect to our engagement with government officials.
Kyndryl will seek advance rulings or advance pricing agreements with relevant tax authorities as appropriate to provide upfront clarity to both the business and tax authorities in support of our decision-making process. Kyndryl is committed to disclosing all material facts with respect to any ruling request.
Risk Management
Kyndryl’s Tax function supports the global business by ensuring that the Company is taxed consistent with its business operations and substance. Whether it involves financing daily operations, funding acquisitions, restructuring the business or other actions, Kyndryl Tax supports Kyndryl’s business needs. Investment decisions are based on market potential, skills, talent, and infrastructure. While tax factors such as incentives are considered in making business decisions, tax factors do not drive business decisions.
The Kyndryl Tax function is committed to the highest standards, and our tax professionals are experts in the relevant tax laws and regulations that apply to Kyndryl around the world, including the UK. To ensure expertise is maintained, Kyndryl Tax provides regular training to its professionals on tax, finance and other critical matters.
Kyndryl understands that it is essential to pay the correct amount of tax at the right time, under all relevant laws and regulations. We defend ourselves against unprincipled or inaccurate tax assessments and challenge taxes that we do not believe we owe. We operate an effective tax control framework to identify key tax risks and to manage those risks through appropriately designed and operated controls, policies, and processes. Importantly, Kyndryl’s transfer pricing policies are applied consistently across the globe and are in accordance with OECD Transfer Pricing Guidelines.
Where the law is uncertain, Kyndryl seeks robust written tax advice from independent external tax advisors and direct communication with the relevant tax authorities as appropriate.
As part of its corporate governance practices, Kyndryl management regularly apprises its Board of Directors on the company’s financial metrics, including tax. Kyndryl’s approach to tax governance is inextricably linked to its robust corporate governance policies, which are designed to ensure compliance in all aspects of corporate activities.
Kyndryl maintains adherence to this Tax Governance Policy in accordance with these guiding principles.
This policy is in accordance with paragraph 16(2) of Schedule 19 of the Finance Act 2016. This document was approved and signed by the Board of Directors of Kyndryl UK Limited on behalf of all UK entities of the Kyndryl group headed by Kyndryl Inc on 24 March 2023.
