Chan & Zhou (2013) - Government Ownership, Corporate Governance and Tax Aggressiveness
Chan & Zhou (2013) - Government Ownership, Corporate Governance and Tax Aggressiveness
Chan & Zhou (2013) - Government Ownership, Corporate Governance and Tax Aggressiveness
Abstract
doi: 10.1111/acfi.12043
1. Introduction
This study examines how government ownership and corporate governance
affect a firm’s tax aggressiveness in China.1 We give particular attention to the
We thank Steven Cahan (the editor), an anonymous referee, Chen Chen (discussant) and
participants of the 2013 Accounting and Finance Conference (Queenstown, NZ) for
helpful comments. Phyllis Mo acknowledges financial support from City University of
Hong Kong (Project no. 7200272) and He Miao’s research assistance.
1
Following existing literature (e.g. Frank et al., 2009; Chen et al., 2010), tax
aggressiveness is defined as a firm’s effort to minimize its tax payment through
aggressive tax planning and avoidance activities.
Received 29 October 2012; accepted 30 July 2013 by Steven Cahan (Editor in Chief).
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1030 K. H. Chan et al./Accounting and Finance 53 (2013) 1029–1051
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sector (e.g. Bushman et al., 2004; Wang et al., 2008; Guedhami et al., 2009). In
this study, we provide empirical evidence to shed light on the dominance of
these two competing incentives in China’s setting.
Second, Chinese stock market provides a high-power context for our
research as under-developed institutional infrastructure and corporate gover-
nance leave minority shareholders vulnerable to tunnelling (Jiang et al.,
2010). Third, prior studies provide mixed and inconclusive results on the
impact of board characteristics on firm performance and earnings manage-
ment in China (Chen et al., 2006; Liu and Lu, 2007; Lo et al., 2010). While
Minnick and Noga (2010) find that, other than compensation contracts,
board characteristics do not influence a company’s tax management in the
United States, how corporate governance in China affects tax aggressiveness
is yet to be explored.
Using data from all non-financial A-share companies listed in China during
2003–2009, we examine how ownership type and board characteristics affect
tax aggressiveness. Overall, our results show that government ownership and
corporate governance play an influential role in tax management in China.
Compared with government-controlled firms, non-government-controlled
firms are more tax aggressive. The finding suggests that managers of
government-controlled firms are more eager to achieve the political objective
of protecting government revenue in their tax strategy. For board charac-
teristics, we find that firms with a higher percentage of board shareholdings
and having a CEO who also serves as the board chairman are more tax
aggressive. The effect of duality role of board chairman is primarily driven by
non-government-controlled firms, and there is an absence of such a
relationship for government-controlled firms. Furthermore, the proportion
of independent directors on the board does not have any effect on tax
aggressiveness for all firms. Our additional analysis of government-controlled
firms shows that local government-controlled firms located in less developed
regions with generally less effective implementation of corporate governance
measures are more tax aggressive than those in more developed regions. We
do not find regional differences for other government or non-government-
controlled firms.
This study contributes to the extant literature by providing empirical
evidence on the influence of government ownership, corporate governance and
their interactions on tax aggressiveness. Extant studies on China document that
bureaucrats in SOEs are detrimental to shareholders in terms of firm
performance (e.g. Fan et al., 2007). Our study provides evidence that managers
of government-controlled firms are more eager to fulfil their political
objectives of protecting government revenue than to exploit complex tax
planning. In addition, prior literature has not compared the impact of board
effectiveness on tax aggressiveness for firms with different ownership type. This
study fills this gap in the literature by providing a direct examination of the
impact of board effectiveness on tax aggressiveness of government versus
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2. Institutional background
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them may actually be eager to be a ‘leader’ in paying taxes even at the expense
of firm value (Shleifer and Vishny, 1994; Chang and Wong, 2004). Further-
more, a serious violation of tax laws not only involves penalty (which averages
to 25 per cent of the additional tax for transfer pricing violations) (Ernst &
Young, 2012), but can also jeopardize their political career (Cao and Dou,
2007). Besides, the government owners often have an incentive to ‘cash out’ the
firm’s earnings in the form of tax collection. In summary, managers of
government-controlled firms should be eager to protect government revenues
and thereby less aggressive in tax reporting.
On the other hand, according to recent evidence, some of these managers
may have competing incentives to collude with insiders to divert corporate
resources for individual gains (Bushman et al., 2004; Bushman and Piotroski,
2006; Wang et al., 2008; Guedhami et al., 2009). Prior research suggests that
diversion activities are rather common in China (e.g. Jiang et al., 2010). To
facilitate their diversionary practices, they can exploit complex tax planning
to keep more resources in the firms or for tunnelling purposes (e.g. Desai and
Dharmapala, 2006; Lo et al., 2010). In addition, the Chinese tax regulations
stipulate that tax revenue collected from all local government-controlled firms
and some central government-controlled firms must be shared among
different layers of government. For example, for the corporate income tax
paid by local government-controlled firms, the local government can take
only 40 per cent of the tax revenue (State Council, 2001). Because the
respective local government does not get 100 per cent of the tax dollar
collected from its own enterprises, this may motivate the respective
government to direct their firms to minimize tax payment to keep more
resources in its controlled firms.
In summary, there are two competing tax strategies for managers of
government-controlled firms. Overall, given that managers of government-
controlled firms are government bureaucrats, their promotion and career
prospects are evaluated by various political and social objectives, not just
financial objectives such as maximization of firm value (Fan et al., 2007; Chen
et al., 2010), we expect that the political objectives of protecting government
revenues should dominate in a government-controlled firm’s tax reporting
strategy. Accordingly, we formulate our first hypothesis as follows:
H1: Ceteris paribus, government-controlled firms are less tax aggressive than
non-government-controlled firms.
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The duties of the board chairman include the handling of board meetings
and overseeing the hiring, termination, and compensation of the CEO and
other senior executives (Jensen, 1993). The CEO, as the executive leader of a
firm, is the final decision-maker in terms of entity operations. It is not
uncommon that the chairman and CEO are the same person in the United
States, while in most European countries, these two roles are most often
separated (Lin and Liu, 2009). The different practices across countries reveal
the costs and benefits of the chairman’s duality role (Braun and Sharma, 2007).
On the one hand, the combined leadership structure creates efficiency in
decision-making and effective leadership in ensuring that firm strategy
formulation and implementation by the CEO will be better coordinated (Chen
et al., 2006). Moreover, the duality role of chairman can avoid potential rivalry
between the CEO and chairperson and eliminate the confusion as a result of
the existence of two spokespersons. On the other hand, agency theory suggests
that more effective control over managers to align their interests to the
shareholders will be better achieved by the separation of the CEO from the
chairman. The co-services performed by the board chairman may impair
effective monitoring and also hinder honest evaluation of firm performance by
the board which in turn leads to long-term adverse consequences (Dalton and
Kesner, 1997; McWilliams and Sen, 1997).
We expect that the duality role of the board chairman can increase the level
of a firm’s tax aggressiveness in part because the oversight and governance
role of the board is potentially reduced. Furthermore, when the leadership is
concentrated in one decision-maker, there is a higher risk of having
irregularities like those involving frauds and taxes (Chan et al., 2003; Chen
et al., 2006; Lo et al., 2010). It is also more difficult for other board members
to challenge his/her tax proposals. While co-services result in concentrated
leadership for both government- and non-government-controlled firms, the
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H2b: Ceteris paribus, companies with the same person serving as CEO and the
board chairman are more tax aggressive, particularly for non-government-
controlled companies.
4. Research method
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A-share companies are all domestic Chinese companies (i.e. they are not
foreign investment enterprises). We chose the sample period because the
Corporate Governance Code was effective from 2002, and the related controlling
shareholder data are available from 2003 onwards. Consistent with prior
studies (e.g. Gupta and Newberry, 1997; Frank et al., 2009; Chan et al., 2010),
we excluded finance and insurance firms because of their special financial
reporting requirements. We deleted 1454 observations with missing data and
1337 observations with insufficient data to calculate measures of tax aggres-
siveness (i.e. ETRs and alternative measures). Furthermore, following prior
studies (Gupta and Newberry, 1997; Chen et al., 2010; Wu et al., 2013) and to
eliminate outliers, we restricted observations with ETRs within the range of [0,
1]. The final sample consists of 6032 firm-year observations. We collect all
financial data and board characteristics from China Stock Market and
Accounting Research (CSMAR) database, which has been used by several
recent studies (Chen et al., 2006; Lo et al., 2010). Panel A of Table 1 shows the
summary of the sample selection process. Panel B reports the distribution of
sample firms by year. The number of firms is almost evenly distributed over the
7-year sample period.
Table 1
Sample selection and sample distribution
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4.2. Model
2
According to Wu et al. (2013, 18), adjusted taxable income is calculated as profit
before tax + asset impairment – investment returns (excluding cash dividends and bond
interests). Using the traditional ETR (tax expense/pre-tax profit) yields similar results.
3
ATR is the statutory tax rate for a company in a given year which takes into account of
tax rate reductions due to industry (e.g. high technology), location (e.g. minority areas)
and other factors.
4
Controlling shareholder is one who satisfies at least one of the following criteria: (a)
one who can elect more than half of the directors, (b) one who can execute over 30 per
cent of controlling rights, (c) one who holds more than 30 per cent of shares or (d) one
who can control the company in practice by other means.
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(a), we do not predict a sign for b2. Co_services is a dummy variable which
equals to 1 if the board chairman also serves as a firm’s CEO, and 0 otherwise.
Consistent with H2(b), we predict that the duality role of the board chairman
will lead to more tax aggressiveness and therefore b3 should be negative.
BOD_shares measures the board shareholdings, which is the percentage of a
firm’s shares held by all directors of the board. As hypothesized in H2(c), we
expect b4 to be negative.
Following prior literature, we include six control variables that are found to
have influence on tax aggressiveness. LEV denotes a firm’s capital structure,
which is measured as total liabilities divided by total assets. On the one hand, a
firm with high financial leverage would have lower ETRs (and thus a lower
RETR, other things being equal) because of the deductibility of interest
payments for tax purpose. On the other hand, a firm with a low tax burden has
less incentive to use debt financing. Graham and Tucker (2006) find that tax
shelter participants use less debt because firms use tax shelter deductions as a
substitute for the interest deduction associated with debt. Similarly, Gupta and
Newberry (1997) also find a positive relation between ETR and debt financing.
Size is measured as the natural logarithm of the total assets. While larger firms
have more resources for tax planning and are better able to reduce their tax
burdens (Shevlin and Porter, 1992; Dyreng et al., 2008), they are also subject to
a greater level of public scrutiny that results in less tax aggressiveness. MB is
the market to book ratio and is used to measure the firm’s investment
opportunities. Spooner (1986) argues that ETR may be higher for firms with
greater investment opportunities. However, Derashid and Zhang (2003) and
Chen et al. (2010) find inconsistent results with different measures of ETRs.
ROA denotes a firm’s profitability and is calculated as the pre-tax income
divided by the total assets. Prior studies find that more profitable companies
would have higher ETRs (Gupta and Newberry, 1997; Wilson, 2009). CAPINT
and INVINT are used to control for assets mix (Gupta and Newberry, 1997).
CAPINT equals property, plant and equipment divided by total assets, and
INVINT is the year-end total inventory divided by total assets. Capital-
intensive (CAPINT) firms are more affected by the differences in accounting
and tax treatments of depreciation. In China, after the adoption of IFRS, the
significant increase in book-tax differences would lead to more scrutiny by tax
authorities (Chan et al., 2010). To reduce the risk of being selected for tax
audit, CAPINT firms may want to have a higher ETR. On the other hand, with
the tax benefits associated with capital investments, CAPINT firms may have
lower ETRs. Finally, the book-tax differences in the valuation of inventory
may motivate inventory intensive (INVINT) firms to maintain a higher level of
ETR.
To control for the effect of earnings management on a firm’s tax
aggressiveness, we include a dummy variable, RIGHTS, which equals to 1 if
the firm applies for a rights offering in one of the next 3 years (Chan et al.,
2010). Firms with a rights offering have more incentive to manage earnings to
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5. Empirical results
5
Regions with well-developed (less-developed) institutions are defined as those with
yearly MKTIND above (below) the median among the 31 provinces in China, where
MKTIND is the market development index compiled by Fan et al. (2010).
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Table 2
Descriptive statistics and univariate tests
Government- Non-
controlled government-
Whole sample firms controlled firms
(N = 6032) (N = 3512) (N = 2520)
*** and ** indicate statistical significance at the 1 and 5 per cent levels (two-tailed tests),
respectively. Variable definitions: RETR, ratio of effective tax rate to applicable tax rate;
Govt, 1 if controlling shareholder is the government, 0 otherwise; Indep_director, percentage
of independent directors on the board; Co_services, 1 if the chairman of the board is also the
CEO of the firm, 0 otherwise; BOD_shares, percentage of shares held by the board members;
LEV, ratio of year-end total liabilities to total assets; SIZE, nature logarithm of year-end
total assets; MB, ratio of year-end market value per share to net assets per share; ROA, ratio
of year-end pre-tax income to total assets; CAPINT, ratio of year-end property, plant, and
equipment (PPE) to total assets; INVINT, ratio of year-end inventory to total assets;
RIGHTS, 1 if the firm has rights offering in the next 3 years, 0 otherwise; MKTIND, 1 if the
firm is located in a well-developed province, 0 otherwise.
Table 4 presents the Tobit regression results for the model.6 The industry and
year dummies are included but not tabulated. The coefficient on Govt is
positively significant at the 5 per cent level indicating that government control
6
Using OLS regression analysis provides similar results.
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Table 3
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Correlation matrix
RETR Govt Indep_director Co_services BOD_shares LEV SIZE MB ROA CAPINT INVINT RIGHTS
RETR 1.000
Govt 0.031** 1.000
Indep_ 0.015 0.114*** 1.000
director
Co_services 0.027** 0.152*** 0.056*** 1.000
BOD_shares 0.060*** 0.310*** 0.106*** 0.139*** 1.000
LEV 0.042*** 0.037*** 0.013 0.074*** 0.166*** 1.000
SIZE 0.023 0.211*** 0.006 0.131*** 0.196*** 0.332*** 1.000
MB 0.011 0.080*** 0.038*** 0.074*** 0.028** 0.093*** 0.075*** 1.000
ROA 0.006 0.091*** 0.029** 0.050*** 0.141*** 0.250*** 0.042*** 0.176*** 1.000
CAPINT 0.151*** 0.190*** 0.085*** 0.054*** 0.132*** 0.063*** 0.109*** 0.046*** 0.024** 1.000
INVINT 0.102*** 0.068*** 0.057*** 0.008 0.004 0.309*** 0.087*** 0.015 0.092*** 0.504*** 1.000
RIGHTS 0.006 0.023 0.021 0.003 0.029** 0.057*** 0.065*** 0.003 0.021 0.010 0.005 1.000
MKTIND 0.020 0.083*** 0.012 0.039*** 0.099*** 0.018 0.044*** 0.024 0.017 0.107*** 0.050*** 0.135***
** and *** indicate statistical significance at the 5 and 1 per cent level (two-tailed tests), respectively. See Table 2 for variable definitions.
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Table 4
Tobit regression results (dependent variable is RETR)
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Full sample Government-controlled firms Non-government-controlled firms
Predicted sign Coefficient (t-statistic) Coefficient (t-statistic) Coefficient (t-statistic)
** and *** indicate statistical significance at the 5 per cent and 1 level (two-tailed tests), respectively. See Table 2 for variable definitions.
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Table 5
Additional analysis for government-controlled firms (dependent variable is RETR)
** and *** indicate statistical significance at the 5 and 1 per cent level (two-tailed tests),
respectively. See Table 2 for variable definitions.
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Table 6
Tobit regression results using an alternative definition of tax aggressiveness (dependent variable is
DETR)
Government- Non-government-
Full sample controlled firms controlled firms
*, ** and *** indicate statistical significance at the 5 and 1 per cent level (two-tailed tests),
respectively. DETR is the difference between ETR and applicable tax rate. See Table 2 for
other variable definitions.
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Table 7
Tobit regression results using an alternative definition of controlling shareholdings (dependent
variable is RETR)
Government- Non-government-
Full sample controlled firms controlled firms
** and *** indicate statistical significance at the 5 and 1 per cent level (two-tailed tests),
respectively. See Table 2 for variable definitions.
6. Conclusions
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