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Tax planning in practice: a field study of US multinational corporations

By Emer Mulligan


The aim of this study is to achieve a better understanding of tax planning in practice, identifying and taking account of the multiple arenas within which it operates, and thereby highlighting its social and institutional dimensions. In the current rapidly changing business and regulatory environment, in which tax is an extremely important source of revenue for governments around the world, an enhanced understanding of tax planning in practice benefits and has implications for taxpayers and tax policymakers alike. The four research questions posed in this study address: the organisation and strategic alignment of the tax planning function in multinational corporations (MNCs); performance measurement of this function; tax risk management; the nature and impact of the relationship between the tax planning function within MNCs and the external environment within which it operates. Empirically this study focuses on US MNCs, primarily in respect of mainstream corporation tax planning. In line with the interpretive inductive methodological approach adopted, face-to-face interviews were conducted with senior tax executives in US MNCs, and tax advisors to such companies. A theoretical framework is developed which combines core themes and theoretical constructs within three strands of literature, namely, tax planning, new institutional sociology and endogeneity of law. This framework provides a powerful explanatory lens through which the findings are presented and interpreted. The role ofpower and powerful actors is an important and recurring theme, and partly explains prevailing tax planning practices through the intensity of professional and social interaction between tax executives. Increasingly tax risk management is more important and there is evidence that this may change the way in which the tax planning function is given strategic recognition and integrated operationally. with business units. The focus on tax risk management results in an isomorphic trend towards conservatism in tax planning, and competitor and peer company influence are significant in shaping tax risk management mechanisms. Measuring the performance of the tax planning function is found to be variable, although there was a view that the effective tax rate (ETR), although an important external measure of corporate performance, was inappropriate as an internal measure. Tax laws are often portrayed as exogenous factors, however this study has found that companies invest heavily in external affairs and direct lobbying to secure changes in the law to suit their purposes; evidencing its endogeneity. Networking costs, reputational risk management and lobbying costs therefore represent non-tax costs that are difficult to measure, but are important components of tax planning activities, overlooked in the current tax planning literature. In addition to the findings themselves this study contributes to knowledge through its interpretive methodological approach which provides a new and rich perspective on tax planning in practice, highlighting some shortcomings of the positivistic approach. It also develops a theoretical framework which uniquely combines theoretical constructs from three strands of literature

Topics: HF
OAI identifier: oai:wrap.warwick.ac.uk:1113

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  1. (2005)'Microeconomic Approaches to Tax Research',
  2. (2005)'Taxation Research as Social Policy Research',
  3. (1998). A Framework for International Tax Planning for Managers', doi
  4. (1999). A Framework for the Analysis of Interview Data from Multiple Field Sites', doi
  5. (2001). a) 'Can Tax Policy Survive the Avoidance Industry? Analysing Strategies
  6. (2002). ABC and Organizational Change: An Institutional Perspective', doi
  7. (2004). Accounting and Auditing Research in the United States, doi
  8. (1990). Accounting and Organisation Change', doi
  9. (1998). Accounting and Organizations: Realizing the Richness of Field Research',
  10. (1986). Accounting and Theories of Organizations: Some Preliminary Considerations', doi
  11. (1994). Accounting as Social and Institutional Practice: doi
  12. (1995). Accounting, Ambiguity, and the New Institutionalism', doi
  13. (1992). Accounting: Limits in the Law', doi
  14. (1995). Adoption of Tax Planning Instruments in Business Organizations: A Structural Equation Modelling Approach', doi
  15. (2003). Alternative Management Accounting - Whence and Whither', doi
  16. (1994). An Experimental Examination of Factors Affecting Tax Preparers' Aggressiveness -A Prospect Theory Approach',
  17. (1988). An Institutional Perspective on the Rise, Social Transformation, and Fall of a University Budget Category', doi
  18. (1992). An Invitation to Reflexive Sociology, doi
  19. (2005). Annual Reports, http: //www. forfds. ie/. [Accessed 07/03]
  20. (2001). b) `When Compliance is not the Solution but the Problem: From Changes in Law to Changes in Attitude', The Australian National University Australian Taxation Office Centre for Tax System Integrity Working Paper
  21. (1990). Basics of Qualitative Research: Techniques and Procedures for Developing Grounded Theory, doi
  22. (2005). Behavioural Studies of Tax Practice', doi
  23. (1997). Better Performance Measurement',
  24. (2000). Conceptualizing Management Accounting Change: An Institutional Framework', doi
  25. (2007). Constructing Compliance: Game Playing, Tax Law, and the Regulatory State', doi
  26. (2006). Corporate Social Responsibility Report for the 2006 Financial Year: p. 31 http: //www. vodafone. com/etc/medialib/attachments/cr down Ioads.
  27. (2008). Corporate Strategy Formulation and Taxation: Evidence from UK Firms', doi
  28. (1995). Corporate Tax Effectiveness: Adding Value Through the Tax Function,
  29. (2003). Corporate Tax-Planning Effectiveness: The Role of CompensationBased Incentives', doi
  30. (1995). Creative Lawyering and the Dynamics of Business Regulation',
  31. (2005). Disclosure of Managers' Forecasts in Interim Financial Statements: A Study of Effective Tax Rate Changes', doi
  32. (2003). Doing Business doi
  33. (2004). Doing Case Study Research', doi
  34. (2001). Empirical Tax Research in Accounting: A Discussion', doi
  35. (2001). Empirical Tax Research in Accounting', doi
  36. (2007). Extending New Institutional Analysis through Theoretical Triangulation: Regulation and Activity-Based Costing in Portuguese Telecommunications', doi
  37. (2001). Extending the Boundaries of Management Accounting Research: Developing Systems for Performance Management', doi
  38. (1993). Geographic Income Shifting by Multinational Corporations in Response to Tax Rate Changes', doi
  39. (2004). Implementing Performance Measurement Innovations: Evidence from Government', doi
  40. (1999). in Managerial Accounting: Learning from Others' Experiences', doi
  41. (1999). In-House Tax Department Tax Managers' Response to Current Legal and Environmental Changes: an Empirical Investigation',
  42. (2001). Institutional Theory and Accounting Rule Choice: An Analysis of Four US State Governments' Decisions to Adopt Generally Accepted Accounting Principles', Accounting, doi
  43. (2006). Institutional Theory',
  44. (1997). Institutionalization and Structuration: Studying the Links between Action and Institution', doi
  45. (1991). Institutionalized Organization: Formal Structure as Myth and Ceremony', The New Institutionalism in Organizational Analysis,
  46. (2001). Institutions and Organizations, doi
  47. (1998). Instructional Resource: Using Tax History to Teach the Concepts of Tax Planning',
  48. (2005). Interdisciplinary Taxation Research - An Introduction',
  49. (1993). Interpreting Qualitative Data, doi
  50. (2001). Interviewing Elites', doi
  51. (1994). Interviewing Techniques in Business and Management Research', doi
  52. (1996). Introduction to the Philosophy of Social Research, doi
  53. (1998). Investments in Tax Planning',
  54. (2004). Last-Chance Earnings Management: Using the Tax Expense to Meet Analysts' Forecasts', doi
  55. (1996). Legal Rational Myths: The New Institutionalism and the Law and Society Tradition', doi
  56. (2006). Legitimacy Theory', doi
  57. (1999). Lessons from Behavioral Responses to International Taxation',
  58. (2003). Management Control and Performance Management: Whence and Whither', doi
  59. (2003). Management Control Systems Design Within its Organizational Context: Findings from Contingency-Based Research and Directions for the Future', Accounting, doi
  60. (1996). Managerial Accounting Research: The Contributions of Organizational and Sociological Theories',
  61. (1995). Managing Legitimacy: Strategic and Institutional Approaches', doi
  62. (2007). Market-Based Delivery of Welfare: A Field Study of On-Going Institutional Processes',
  63. (1991). Measurement, Design, and Analysis: An Integrated Approach, New Jersey: Lawrence Erlbaum Associates. doi
  64. (2003). Methodological Issues: What Counts as "Theory" in Qualitative Management and Accounting Research? Introducing Five Levels of Theorizing', doi
  65. (1996). Methodological Themes: Theories and Case Studies of Organizational Accounting Practices: Limitation or Liberation? ', doi
  66. (2007). Moving Beyond Avoidance? Tax Risk and the Relationship between Large Business and HMRC,
  67. (2004). No Accounting for Taste; Remaking the Large Corporate Taxpayer into a Visible Customer', paper presented at the European Accounting Association Conference,
  68. (1983). On Trying to Study Accounting in the Contexts in Which It Operates', doi
  69. (1993). Outsourcing: Opportunities and Challenges for the Corporate Tax Executive',
  70. (2006). Power and Accounting: A Guide to Critical Research',
  71. (2005). Producing Good Taxation Research',
  72. (1994). Qualitative Data Analysis, doi
  73. (2004). Qualitative Data Analysis: Illuminating a Process for Transforming a "Messy" but "Attractive" "Nuisance"', doi
  74. (2006). Qualitative Field Research in Management Accounting: Positioning Data to Contribute to Theory', Accounting, doi
  75. (2002). Qualitative Research and Evaluation Methods, doi
  76. (2004). Qualitative Research: Experiences in Using Semi-Structured Interviews', doi
  77. (1986). Radical Developments in Accounting Thought', doi
  78. (1987). Rational, Rationalizing, and Reifying Uses of Accounting Data in Organizations', doi
  79. (1994). Rationality, Accounting and Politics: A Case Study of Management Control in a Bangladesh Jute Mill', doi
  80. (2007). Reform Budgeting: The Power and Politics of Becoming Taken-For-Granted',
  81. (1999). Regulation of Tax Professional Practice', Interdisciplinary Research in Taxation: Research Approaches and Bibliographic Survey, London: ICAEW Centre for Business Performance:
  82. (2007). Regulations for the Tax Shelter Disclosure Regime - Making the Rules More User Friendly',
  83. (1999). Research in Taxation', doi
  84. (2007). Research Methods for Business Students, doi
  85. (2007). Responsive Regulation and the Uncertainty of Tax Law - Time to Reconsider the Commissioner's Model of Cooperative Compliance? ',
  86. (2001). Review of Links with Business', Inlandrevenue. gov. ulc/pbr200l/businesslinks. pdf [Accessed:
  87. (1985). Review: Overboard with Myth and Symbols', doi
  88. (1999). Situating the Practice of Management Accounting in Its Cultural Context', Accounting,
  89. (1998). Social Science in Question,
  90. (1979). Sociological Paradigms and Organisational Analysis, doi
  91. (2001). Standards across Borders: Crossborder Diffusion of the Arm's Length Standard in North America', doi
  92. (2003). Statement of Strategy 2003-2005', doi
  93. (2007). Strategic Business Tax Planning,
  94. (1991). Strategic Responses to Institutional Processes', doi
  95. (1999). Survey of In-House Tax Departments in United Kingdom Corporates',
  96. (1956). Tape Recorded Interviews in Social Research', doi
  97. (2006). Tar Risk: External Change, Internal Challenge: Global Tax Risk Survey.
  98. (2001). Tax Function
  99. (1965). Tax Implications of Management Decisions',
  100. (2005). Tax in the Boardroom: A Discussion Paper.
  101. (2002). Tax Planning in the Global Village',
  102. (1999). Tax Professionals' Interpretations of Ambiguity in Compliance and Planning Decision Contexts', doi
  103. (2003). Tax-Avoidance Activities of US Multinational Corporations', doi
  104. (1997). Tax-Induced Earnings Management by Firms with Net Operating Losses', doi
  105. (2005). Taxation Research as Economic Research', doi
  106. (2005). Taxes and Business Strategy: A Planning Approach,
  107. (1983). Taxes and Firm Size. "', doi
  108. (1987). The Adolescence of Institutional Theory', doi
  109. (1987). The Archeology of Accounting Systems', doi
  110. (1995). The Construction of International Taxation', doi
  111. (1980). The Contingency Theory of Management Accounting: Achievement and Prognosis', doi
  112. (2003). The Corporate Tax Game', Business Weep 3826: Unpaginated.
  113. (2003). The Emergence of the Customer Concept in Inland Revenue Discourse and Practices: A Dilemma', paper presented at the 13`h ICAEWsponsored Tax Research Network Conference,
  114. (1999). The Endogeneity of Legal Regulation: Grievance Procedures as Rational Myth', doi
  115. (1983). The Everyday Accountant and Researching His Reality', doi
  116. (1993). The Impact of U. S. Tax Law Revision on Multinational Corporations' Capital Location and Income-Shifting Decisions', doi
  117. (2000). The Influence of Subsidiary Context and Head Office Strategic Management Style on Control of MNCs: The Experience in Australia', Accounting, doi
  118. (2005). The Interview: From Neutral Stance to Political Involvement',
  119. (1997). The Legal Environments of Organizations', doi
  120. (2004). The Making and Remaking of Organization Context', doi
  121. (1991). The Nerv LTstitutionalism in Organizational Analysis,
  122. (1991). The Organization of Societal Sectors: Propositions and Early Evidence',
  123. (2001). The Outsourcing of Corporate Tax Function Activities', doi
  124. (2004). The Politics of Tax Accounting in the United States: Evidence from the Taxpayer Relief Act of 1997', Accounting, doi
  125. (1991). The Role of Institutionalization in Cultural Persistence', doi
  126. (1993). The Role of Taxes in Location and Sourcing Decisions',
  127. (1991). the Scope of Institutional Analysis',
  128. (1966). The Social Construction of Reality: A Treatise in the Sociology of Knowledge, doi
  129. (2003). The Strange History of Employer-Sponsored Child Care: Interested Actors, Uncertainty, and the Transformation of Law in Organizational Fields', doi
  130. (1991). The Structural Transformation of American Industry: An Institutional Account of the Causes of Diversification in the Largest Firms, 1919-1979',
  131. (1988). The System of Professions, Chicago: doi
  132. (1961). The Theory of Tax Planning', doi
  133. (2002). Theorizing Change: The Role of Professional Associations in the Transformation of Institutionalized Fields', doi
  134. (2007). Trading: The Endogenization of Securities Laws in a Highly Institutionalized Organizational Field', Penn State University: Working Paper.
  135. (2006). Triangulation Approaches to Accounting Research',
  136. (2005). Turnover in Transfer Pricing Management: Revolving Door or Opportunity for Expertise',
  137. (2002). Understanding Non-Financial Performance Measurement Practices in Japanese Banks: A New Institutional Sociology Perspective', doi
  138. (2000). Understanding Silicon Valley: The Anatomy of an Entrepreneurial Region, Stanford: doi
  139. (2002). Understanding Social Science Research, doi
  140. (2003). Using Computer Assisted Qualitative Data Analysis Software: Respecting Voices Within Data Management and Analysis', doi
  141. (2006). Using Computer-Assisted Qualitative Data Analysis Software to Develop a Grounded Theory Project. ', doi
  142. (2001). We're Off to See the Wizard: An Evaluation of Directors' and Auditors' Experiences with the Financial Reporting Review Panel', Accounting, doi
  143. (2007). Websites (all pertain to Appendix 6 and accessed
  144. (2005). What Corporations Say They Do, and What They Really Do: Implications for Tax Policy and Tax Research', doi
  145. (1996). What Management Expects: Evaluation of the Tax Department and its Executives',
  146. (1991). Whiter than White Collar Crime: Tax, Fraud Insurance and Management of Stigma', doi

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