Good tax governance

Tax is a moral phenomenon. Enterprises bear responsibility for the fairness and integrity of the international tax system. This responsibility cannot be reduced to strict rule following (applying black letter law). CSR and good tax governance entail voluntarily going beyond the mandatory tax obligations. The substantive element of good tax governance concerns the amount of tax that a company pays and Companies should avoid morally irresponsible tax behavior and strive to comply with the spirit of the law. The procedural element of good tax governance concerns public tax transparency. Both should be an expression of an internal moral commitment, rather than a calculated response to external pressures

Good tax governance

Tax is a moral phenomenon. Enterprises bear responsibility for the fairness and integrity of the international tax system. This responsibility cannot be reduced to strict rule following (applying black letter law). CSR and good tax governance entail voluntarily going beyond the mandatory tax obligations. The substantive element of good tax governance concerns the amount of tax that a company pays and Companies should avoid morally irresponsible tax behavior and strive to comply with the spirit of the law. The procedural element of good tax governance concerns public tax transparency. Both should be an expression of an internal moral commitment, rather than a calculated response to external pressures

Good tax governance and transparency:A matter of ethical motivation

Multinationals’ tax practices are the subject of much discussion nowadays. The media has been reporting stories about tax avoidance and/or companies not paying their “fair share” of taxes. Thus, multinational enterprises are currently in the eye of the storm. Their allegedly aggressive tax planning practices have led to public outcry. Politicians have shared this public sentiment, sometimes even accusing these multinationals of “immoral” behaviour. There are no clear signs that the storm will calm soon. What should multinationals do? The current debate clearly calls for ethical reflection. It appears that there is something inherent in tax planning that is not covered by the traditional legal distinction between (illegal) corporate tax evasion and tax avoidance. Aggressive tax planning is not discussed in terms of legal or illegal behaviour, but in moral terms. This development demands that multinational enterprises reflect on their tax planning strategy – not only in economic and legal terms, but also in ethical terms. Therefore, this article addresses the relationship between society, morality and taxes. Morality regards the behaviour of individuals, but does it also concern the behaviour of businesses? Furthermore, the concept of tax planning is elaborated on, and we will show that the concepts “aggressive tax planning”, “tax evasion” and “tax avoidance” represent different relationships between law and morality. Taxes are a cost item, but aggressive tax planning may also imply certain costs. Reputation damage, for example, may involve considerable costs. It will be argued that in order to improve corporate reputation, corporate social responsibility (CSR) is a helpful tool. Could (moral) leadership be shown by including tax in a business’ CSR strategy? Moreover, does the ethical obligation to go beyond what is required by the law – key to CSR companies – encompass transparency? Good tax governance should enhance accountability and transparency, thus diminishing information asymmetry. In this regard, we propose to make a distinction between an intrinsic motivation to do the right thing (with a favourable reputation as an upshot) and extrinsic motivation (such as concern for favourable reputation in order to boost shareholder value)

Good tax governance: A matter of moral responsibility and transparency

Multinational corporations’ tax practices are hotly debated nowadays. Multinationals are accused of not paying their fair share of taxes. Apparently, acting within the limits set by law is not sufficient to qualify as morally responsible behavior anymore. This article offers ethical reflection on the current debate.The general public typically evaluates (aggressive) tax planning in moral terms rather than legal terms. Therefore, multinationals need to reflect on their tax planning strategy next to economic and legal terms also in ethical terms. This article addresses the relationship between society, morality and taxes. The concepts of tax planning, “aggressive tax planning”, “tax evasion” and “tax avoidance” are elaborated on to exemplify the difference between a purely legal and broader approach. In moral terms, aggressive tax planning may imply loss of integrity and trust which may entail certain costs for businesses, such as reputation damage. It will be argued that in order to improve corporate reputation and (moral) leadership, corporate social responsibility (CSR), endorsed by many corporations around the globe, is a helpful tool. Reflection on tax planning in the context of CSR – good tax governance – should foster a moral mind set and enhance accountability and transparency

Aggressive tax planning and corporate social irresponsibility:Managerial discretion in the light of corporate governance

The purpose of this contribution is to explore the possibility of integrating tax with corporate social responsibility (CSR). Some corporate directors seem to argue that they do not have a choice with regard to tax planning, implying that a responsible tax planning strategy is not an option. This contribution shows such argument to be wrong. First, the issue of management accountability and choice will be dealt with in the context of corporate governance systems in order to find out what kinds of obligations corporate governance entail for managers. It will be shown that corporate directors enjoy sufficient discretion for making socially responsible decisions. To this end, two existing theoretical frameworks will be analysed, according to which corporate decisions should prioritise either shareholders or stakeholders interests. Both theories allow managers a choice to act with a wider interest than purely shareholder value maximisation. Furthermore, it will be argued that managerial discretion to take CSR into account does not oblige managers to aspire to some kind of ideal social responsibility but rather to stay away from corporate social irresponsibility (CSI). Therefore, corporate managers in different corporate governance regimes have sufficient room for aligning their tax planning strategies with societal expectations and avoiding aggressive tax planning. Thus, this paper aims to make two contributions to academic theory. First, it is shown that both shareholder and stakeholder-oriented corporate governance regimes allow for managerial discretion to take CSR on board in tax matters. Secondly, the concept of corporate social irresponsibility is introduced to enhance a more balanced debate about multinationals’ tax planning practices

Good Tax Governance and Transparency: A Matter of Reputation or Ethical Motivation?

Grenzen van fiscale soevereinitei

Good tax governance

Tax is a moral phenomenon. Enterprises bear responsibility for the fairness and integrity of the international tax system. This responsibility cannot be reduced to strict rule following (applying black letter law). CSR and good tax governance entail voluntarily going beyond the mandatory tax obligations. The substantive element of good tax governance concerns the amount of tax that a company pays and Companies should avoid morally irresponsible tax behavior and strive to comply with the spirit of the law. The procedural element of good tax governance concerns public tax transparency. Both should be an expression of an internal moral commitment, rather than a calculated response to external pressures

International - good tax governance and transparency:A matter of reputation or ethical motivation

Grenzen van fiscale soevereinitei

Sustainable tax governance and transparency

The relationship between tax and sustainability is not an easy one. Tax specialists do not readily combine those two topics with regard to public tax governance, let alone the tax governance of corporations. One thing that is troubling the relationship between tax and sustainability is transparency. For tax experts, at first sight, tax and sustainability meet in environmental taxation. On further reflection the requirement of sustainability can be applied to tax legislation and the tax system as whole - which both demand good tax governance. Sustainable tax governance thus requires the state to pay due attention to the quality of tax legislation. However, the concept of good tax governance does also regard taxpayers. Taxation is a fundament for a well-functioning society and sustainable development. Therefore, it will be argued that paying corporate taxes can be seen as part of corporate responsibility to contribute the sustainable development of society. Corporate scandals and news on corporate aggressive tax planning practices have increased demands for corporate accountability. To answer the question whether corporations’ tax planning policies are really sustainable if they minimise the amount of tax they pay, this paper will explore corporate taxation in the context of corporate social responsibility (CSR). Here, CSR is used as a proxy for sustainability. A notion of good tax governance as a response to demand of sustainable and responsible tax planning will be proposed. Furthermore, it will be argued that without greater transparency it is impossible to evaluate whether corporations are truly sustainable, nor is it possible to hold corporations accountable for their tax behaviour. Good tax governance entails transparency - a necessary if challenging prerequisite for sustainable tax planning