Este estudo investiga se o planejamento tributário efetuado pelas companhias abertas é uma prática de gestão que gera valor para o acionista. Embora se possa conjeturar que o aumento de lucros proporcionado pela economia de tributos contribua para elevar o valor da firma, uma avaliação incompleta de todos os custos do planejamento tributário possibilita o surgimento de quadros em que os custos superam os benefícios, reduzindo o retorno para os acionistas e afetando negativamente o valor da firma. Estudos desta questão efetuados em outros países apresentaram resultados variados. Para a verificação empírica, utilizou-se de análise de dados em painel, realizada sobre uma amostra de 1.432 observações do tipo empresa-ano, composta por 310 companhias abertas negociadas em bolsa nos anos de 2007 a 2012. O valor da firma foi estimado pelo Q de Tobin e o planejamento tributário por duas métricas distintas, alternadamente: Book-Tax Differences, controlada por accruals, e total de tributos distribuídos na DVA, ambas padronizadas pelo ativo. Visando obter resultados robustos, a amostra foi estratificada em função da agressividade histórica das firmas quanto ao planejamento tributário. Os resultados mostram que existe uma relação negativa entre planejamento tributário e valor da firma no estrato das firmas mais agressivas, não tendo havido convergência de evidências no estrato das firmas menos agressivas. Em função das peculiaridades do mercado de capitais brasileiro, foram analisados também os efeitos da governança corporativa, da gestão familiar e da concentração acionária sobre a relação estudada. Os resultados mostram que estes fatores não conseguem conter a diminuição de valor ocorrida no estrato das firmas agressivas. A contribuição desta pesquisa para a literatura consiste na demonstração dos efeitos que os custos de agência exercem sobre as avaliações dos investidores no mercado de capitais e na evidenciação da relação negativa entre planejamento tributário e valor da firma, detectada no conjunto das firmas agressivas, o que pode orientar a conduta dos investidores, analistas de mercado e gestores. / This study investigates whether tax planning activities conducted by publicly traded firms represent a management practice that creates shareholder value. While one might say, at first, that the increase in profits provided by the tax savings contributes to raise the value of the firm, an incomplete assessment of all the costs of tax planning facilitates the emergence of scenarios in which the costs outweigh the benefits, reducing the return to shareholders and adversely affecting the firm value. Studies of this issue in other countries found mixed evidence. For the empirical verification, analysis of panel data was conducted on a sample of 1,432 firm-year observations, composed of 310 publicly traded firms in years 2007 to 2012. Firm value was estimated by Tobin\'s Q and tax planning was proxied by two distinct metrics, alternately: Book-Tax Differences, controlled by total accruals, and total taxes distributed in Value Added Statement, both scaled by total assets. In order to obtain more robust results, the sample was stratified according to historical aggressiveness of the firms\' tax planning. The results show that there is a negative relationship between tax planning and firm value in the stratum of the most aggressive firms. Evidence didn\'t converge for the stratum of less aggressive firms. Due to the peculiarities of the Brazilian capital markets, the effects of corporate governance, ownership concentration and family management over the investigated relationship were also analyzed. The results show that these factors can not contain the value destruction that occurs in the stratum of the aggressive firms. The contribution of this research to the literature consists in demonstrating the effects that agency costs have on firm evaluations made by investors in the Brazilian capital markets and the disclosure of the negative relationship between tax planning and firm value found in the group of the aggressive firms, which can guide the behavior of investors, market analysts and managers.

In July 2013 the OECD, to tackle multinational tax avoidance, published its Action Plan against base erosion and profit shifting. The Action Plan suggests a variety of legislative and administrative measures to eliminate frictions from interactions between domestic tax laws and international tax treaties, including potential double non-taxation of businesses operating in several countries. By virtue of the OECD's structure, the proposed measures have been designed and developed predominantly by representatives from the tax administrations of OECD member countries. Our research investigates the views and opinions of other stakeholders in this process, namely tax experts from practice. We conduct a conjoint analysis, surveying experts in international taxation regarding their perceptions and beliefs on the effectiveness of the proposed actions. We find that experts rank actions that are aimed at enhancing international coordination and cooperation, as well as actions that reduce legal uncertainty, higher than other actions. Of lesser importance are antitreaty-abuse measures, further transparency at the taxpayer level and amendments to the definition of permanent establishment. (authors' abstract) / Series: WU International Taxation Research Paper Series

遺贈稅的課徵不論就效率或公平面都有足夠的理論基礎，但反觀過去十年的遺贈稅收佔整體賦稅的比例，遺產及贈與稅收的規模一直不高，僅有少部分的人需要繳稅。為了支應長照財源，遺產及贈與稅法於民國106年4月底三讀通過，此次修法是自民國98年修法以來另一項重大的變革。民國98年遺產及贈與稅由十級累進稅率改為單一稅率，大幅降低高財富水準者的租稅負擔，卻也產生財富集中於富有者的隱憂，影響遺產稅平均社會財富的社會意義。 　　在不考慮稅基狹小的問題（遺產稅的課徵係針對應稅遺產淨額達一定水準者），遺產稅收規模有限的原因可能為稅法本身的租稅減免，或人為的租稅不順從。本文從合法的租稅規避與非法的租稅逃漏的角度切入，以民國90至104年度遺產稅申報資料，分析影響遺產稅租稅規避與影響逃漏的因素。合法的節稅管道中，相較於免稅額屬於定額的減除，須自行填報的扣除額更具有操控空間，實證結果指出未償債務、農業用地與公共設施保留地等扣除額具有稅盾效果，節稅利益隨稅率增加；本文在分析非法的租稅逃漏行為時，將個人逃漏決策分為是否逃漏與逃漏多寡，實證結果指出修法調降稅率後逃漏行為明顯減少，且從持有財產種類、減免規定的適用以及生前贈與行為能夠反映逃漏的傾向。最後，考慮到逃漏與否為繼承人選擇的結果，以Heckman兩階段估計修正，結果也顯示逃漏行為的確受到無法觀察的自我選擇因素影響。 / Despite that estate and gift tax are well-grounded based on efficiency and equity justification, the tax revenue collected accounts for a small portion of overall tax revenues for most countries. As a major part of the efforts to raise revenues for long-term care services, the government passed into law the amendment to raise estate and gift tax rate in April, 2017. This amendment is another major change to the estate and gift tax in Taiwan since 2009 when the government drastically changed the tax rate structure from a ten-bracket progressive rate schedule to a flat tax rate of 10% with a smaller tax base. As expected, the reform in 2009 greatly cut down the tax burden to those having large taxable estate, causing concerns of more concentrated of wealth among the riches. 　　Stepping aside the problem of having a narrow tax base (the basic design of the estate tax is meant to be a class tax on "richest of the riches"), limited tax revenue of the estate tax can also be attributed to tax avoidance and tax evasion. Nevertheless, few studies provided convincing results on estate tax avoidance and evasion. Utilizing the estate tax returns data from 2001 to 2015 provided by the Ministry of Finance, this paper aims to analyzing estate tax avoidance and evasion in Taiwan. The study of tax avoidance focuses on tax deductions, and the evidence suggests the presence of strong tax saving effects. Regression analysis on tax evasion suggests that the 2009 reform reduced tax incompliance in general, and asset types, tax reliefs, and inter vivo gifts are correlated to the probability of evasion in particular. Finally, results from the Heckman’s two-stage estimation suggest the existence of unobserved missing variables related to both the decision to evade and the amount to evade.

本文採兩階段方式探討台灣上市櫃公司租稅規避與利益輸送(企業對關係企業放款)的關係，以及企業利益輸送行為及租稅規避對企業市值的影響。首先，企業進行租稅規避與利益輸送，Desai and Dharmapala (2006) 提出互補理論，認為租稅規避創造資訊透明度低的環境，隱藏利益輸送行為，租稅規避與利益輸送為互補關係；其次，企業租稅規避對其市值的影響有兩種解釋，傳統觀點認為企業租稅規避能提升企業市值。互補理論認為企業租稅規避，在沒有良好監督的情況容易隱藏利益輸送，租稅規避提升企業市值的效果降低。本文分析給定企業有利益輸送行為，企業租稅規避對於企業市值的影響。 本文採用2005年至2015年台灣的上市櫃公司為樣本進行分析。實證結果指出，首先，企業租稅規避與利益輸送指標關係人交易呈負相關，表示企業並非採用租稅規避隱藏利益輸送行為，不支持Desai and Dharmapala (2006) 的互補理論，反之，租稅規避與利益輸送指標關係人交易為替代關係；企業租稅規避與企業市值呈正向關係，支持租稅規避將財富移轉到企業會增加企業市值的傳統觀點。企業的關係人交易係數為顯著負相關，關係人交易會造成企業市值下降。企業利益輸送指標關係人交易與租稅規避交乘項的迴歸係數為負，亦即給定企業進行租稅規避，且企業進行關係人交易，會降低企業市值。 / This paper use two-stage approach to focus on the relationship between tax avoidance and tunneling of listed corporations, and how tax avoidance and tunneling of listed corporations affect firm value. First, Desai and Dharmapala (2006) think tax avoidance can create a less transparent environment to hide the tunneling which means that tax avoidance and tunneling stay in a complementary relationship. Second, there are two explanations about how tax avoidance affects firm value. Traditionally, tax avoidance can enhance firm value. However, based on the complementary view, tax avoidance can't enhance firm value without good supervision. This paper analyzes how tax avoidance affects firm value when tunneling happen. This paper analyzes data from Taiwan-listed corporations from 2005 to 2015 and has some results. First, tax avoidance is negatively related to tunneling variables related party transactions doesn't support the complementary view of Desai and Dharmapala (2006). On the other hand, tax avoidance and tunneling variables related party transactions are in a substitutive relationship. Tax avoidance is positively related to firm value. This result supports the traditional view that tax avoidance can enhance firm value. Related party transactions are significantly negatively related to the firm value which means related party transactions decrease firm value. The interaction of related party transactions and tax avoidance is negatively related to firm value. It means that when corporations have tax avoidance and related party transactions at the same time, the firm value will decrease.

Transfer pricing plays a crucial role in the financial management of TNC as it significantly influences revenues and costs allocation among affiliates of TNC that are located in countries with different tax regimes, interest rates, political situation and economic environment. Recently, transfer pricing is scrutinized in respect of tax minimisation strategies adopted by TNC which raises various conflicts of interest with tax authorities in some countries of their presence. The main objective of the dissertation thesis is to provide a comprehensive empirical study on international transfer pricing in the Czech Republic from the perspectives of both taxpayer and the tax authority. With regard to the complexity of transfer pricing, manufacturing afiliates of TNC located in the Czech Republic were selected to be examined in more detail. The thesis is structured into five chapters. The first chapter defines theoretical framework based on which the analytical part of the thesis is elaborated. The strategies applied by TNC in setting transfer prices are strongly affected by the transfer pricing regulation and interpretative experience of the particular countries in which they operate. In this context, the Czech transfer pricing legislation as well as selected case law is analyzed in the second chapter. Given the complexity of the issue of transfer pricing, the third chapter deals with selected aspects that are considered critical when setting transfer prices. The fourth chapter presents key findings regarding transfer pricing strategies applied by TNC located in the Czech Republic to transfer pricing issues. The fifth chapter summarizes the approach of the Czech tax authorities to the transfer pricing audits and at the same time evaluates related risks borne for taxpayers in this respect. The thesis reveals that manufacturing afiliates of TNC located in the Czech Republic generally prefer non market (cost based) transfer pricing methods when setting transfer prices, whereby there are several factors influencing their decision making, out of which internal economic conditions and foreign exchange risk management are deemed the most important factors, while tax optimisation as well as restrictions on profit repatriation are considered relatively less important factors. The study further indicates certain inconsistency between declared functional and risk profiles and decision making competences. In this connection, it was found out that the Czech afiliates in which the foreign parent company is involved in transfer pricing set-up incur tax losses. In response to the increasing importance of transfer pricing and international initiative Action Plan BEPS (Base Erosion and Profit Shifting) it can be stated that the approach of the Czech tax authorities has become more intensified and sophisticated. The Czech tax authorities challenge declared and actual functional and risk profile of taxpayers as well as economic substance of realized intercompany transactions. Furthermore, number of transfer pricing audits has increased and become targeted on risky taxpayers such as companies granting investment incentives or incurring tax losses etc. As a result, additional tax assessment due to incorrect transfer pricing significantly increases over recent years.

No description available.

Not all companies are equally aggressive in their pursuit of corporate tax avoidance, which explains intensive research on the determinants of tax avoidance. Many determinants have been investigated, but the process of tax avoidance, and the relationships between corporate tax avoidance, longtermism (indicative of a stakeholder-orientated corporate culture), and CEO characteristics (informed by upper-echelon theory), are not yet fully understood. Much of previous research is conceptualised from theories such as principal-agent theory. This study investigates the influence of stakeholder orientation, using corporate culture, on corporate tax avoidance, in response to calls for more research using stakeholder theory. A mixed-method approach is used. The quantitative stream uses regressions to investigate the relationship between corporate tax avoidance, corporate culture, and tax-knowledgeable CEOs, based on a sample of 112 large, listed South African companies, studied over a period of 15 years. The South African setting allows the operationalisation of a tax-knowledgeable CEO, based the homogenous nature of CEOs' qualifications in South Africa, where many are chartered accountants. The results suggest that long-term oriented companies pay more tax on average. The results further suggest that tax knowledgeable CEOs are associated with more tax avoidance. The qualitative stream conducts eleven interviews with corporate tax advisors, showing the influence of corporate culture and CEO characteristics on corporate tax avoidance processes, but also how corporate culture and CEO-characteristics mutually inform each other. Altogether, the evidence indicates that the effect of corporate culture is less static than expected, and that the influence of corporate culture on tax avoidance can transcend the influence of CEO-characteristics, as an upperechelon effect. The interviews suggest mechanisms used by CEOs to influence tax culture, such as the creation of a company-wide awareness of the strategic importance of low effective tax rates. These results also indicate the ethical dilemma faced by executives of large companies when considering the use of tax-deductible corporate social responsibility initiatives, not to benefit shareholders or agents, but rather to benefit society as a corporate stakeholder, when governments would not.

This research reviews the existing Tax Planning (TP) measures and explores the consistency of UK firms’ engagement in TP; evaluates incentives for TP and its value relevance in a signalling theory framework; and studies corporate governance effects on TP for the firms in an institutional theory framework. It analyses a unique set of 1,482 hand-collected firm-year observations and proposes ‘undisclosed TP’ as a new TP measure. It finds that firms consistently engage in TP and their TP disclosures have improved; internationally oriented firms do not engage in TP to save taxes; risky firms, firms with low operating cashflows and growing firms, however, do not engage in TP to arrange funds internally – so they signal their non-engagement in TP to the market. Further findings confirm public awareness and market valuation of firms’ TP engagements. Boards’ tax affiliations result in reductions in tax payments (expenses) for strongly (weakly) governed firms. Professional accountancy qualifications on the board result in significantly higher tax payments for weakly governed firms. The auditors’ provided tax services (institutional ownership) result in higher tax payments for weakly (strongly) governed firms suggesting supplementary (complementary) role of auditors (institutional ownership) for the internal governance on TP. This research concludes that there is a need for further TP disclosures to reduce the information asymmetry associated with negatively valued TP activities; recommends auditors’ involvement in TP services; and recommends tax affiliates on the board to bring tax savings in a strongly governed environment. The current study’s findings have important theoretical and practical implications. / University of Bradford

Fraud, corruption, and related taxation consequences from a financial and a moral perspective were investigated in this study. A literature review of tax ethics, tax morality, tax conduct, tax planning, tax avoidance, tax evasion, tax fraud, white-collar crime, fraud, money laundering, corruption and corporate governance are presented. The research methodology and empirical investigation followed, the research results achieved, and the conclusions and recommendations made, are also presented. The most import conclusions from this study are that economic crime (such as fraud and corruption) has an impact on taxation in South Africa, that economic crime offences ignore any possible taxation consequences and that the type of the economic crime being perpetrated is a function of the opportunities available to a potential offender. The majority of the respondents (both economic crime offenders and role-players in the field of the prevention, detection and prosecution of fraud, corruption and tax related offences) indicated that law enforcement, prosecution and sentencing practices are not adequate in South Africa. However, the majority of both groups of respondents also indicated that current laws and regulations are adequate to address economic crime in South Africa. This could be interpreted as a vote of confidence in current laws and regulations but an indication that it should be applied more effectively in the fight against economic crime. Within the legal framework of the criminal justice system and the various taxation laws and regulations in South Africa, there are always opportunities for people to come into conflict with the law. This study was also undertaken to investigate an economic crime offender’s perceptions of fraud, corruption and tax-related offences. In total 82 economic crime offenders, serving a prison term for their offences, completed a questionnaire and were personally interviewed in a semi-structured interview comprising pre-set questions. The study demonstrated that there is a correlation between an economic crime offender’s level of education and the monetary extent of the perpetrated offence. In perpetrating an economic crime, the offender is only concerned about the immediate financial reward, disregarding any possible consequences such as taxation or prosecution. To prevent fraud, corruption and tax-related offences, the motivation to commit such crimes should be eliminated or reduced. Fraudsters weigh up the individual risks and rewards of their criminal behaviour, and for that reason, their future conduct can be modified with appropriate rehabilitation and anti-economic crime education programs. Consequently, this study has vital implications for reformulating appropriate rehabilitation programmes for economic crime offenders. Economic crime offenders should be subject to an anti-economic crime education program in which the consequences of perpetrating economic crime in general on the economy and tax revenue could be conveyed to such offenders. Rehabilitation programs designed and developed specifically for economic crime offenders should be implemented at correctional institutions. / PhD (Tax), North-West University, Potchefstroom Campus, 2013

Fraud, corruption, and related taxation consequences from a financial and a moral perspective were investigated in this study. A literature review of tax ethics, tax morality, tax conduct, tax planning, tax avoidance, tax evasion, tax fraud, white-collar crime, fraud, money laundering, corruption and corporate governance are presented. The research methodology and empirical investigation followed, the research results achieved, and the conclusions and recommendations made, are also presented. The most import conclusions from this study are that economic crime (such as fraud and corruption) has an impact on taxation in South Africa, that economic crime offences ignore any possible taxation consequences and that the type of the economic crime being perpetrated is a function of the opportunities available to a potential offender. The majority of the respondents (both economic crime offenders and role-players in the field of the prevention, detection and prosecution of fraud, corruption and tax related offences) indicated that law enforcement, prosecution and sentencing practices are not adequate in South Africa. However, the majority of both groups of respondents also indicated that current laws and regulations are adequate to address economic crime in South Africa. This could be interpreted as a vote of confidence in current laws and regulations but an indication that it should be applied more effectively in the fight against economic crime. Within the legal framework of the criminal justice system and the various taxation laws and regulations in South Africa, there are always opportunities for people to come into conflict with the law. This study was also undertaken to investigate an economic crime offender’s perceptions of fraud, corruption and tax-related offences. In total 82 economic crime offenders, serving a prison term for their offences, completed a questionnaire and were personally interviewed in a semi-structured interview comprising pre-set questions. The study demonstrated that there is a correlation between an economic crime offender’s level of education and the monetary extent of the perpetrated offence. In perpetrating an economic crime, the offender is only concerned about the immediate financial reward, disregarding any possible consequences such as taxation or prosecution. To prevent fraud, corruption and tax-related offences, the motivation to commit such crimes should be eliminated or reduced. Fraudsters weigh up the individual risks and rewards of their criminal behaviour, and for that reason, their future conduct can be modified with appropriate rehabilitation and anti-economic crime education programs. Consequently, this study has vital implications for reformulating appropriate rehabilitation programmes for economic crime offenders. Economic crime offenders should be subject to an anti-economic crime education program in which the consequences of perpetrating economic crime in general on the economy and tax revenue could be conveyed to such offenders. Rehabilitation programs designed and developed specifically for economic crime offenders should be implemented at correctional institutions. / PhD (Tax), North-West University, Potchefstroom Campus, 2013