EST(T): Should and Can Tax Performance be a Factor in Evaluating the Ethical, Moral and Social Performance of Corporations?

Advocates for greater social responsibility by corporations who support corporate social responsibility or environmental, social and governance standards accounting by large companies increasingly call for tax behaviour to be considered one indicator of desired social behaviour. This advocacy ma...

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Main Authors: Allen, Christina, Krever, Richard
Format: Journal Article
Published: Australian School of Business, University of New South Wales 2024
Online Access:https://www.unsw.edu.au/content/dam/pdfs/business/acct-audit-tax/research-reports/ejournal-of-tax-research/2024-12-ejournal-tax-research-v22-n3/2024-12-eJTR-esgt-v22-n3.pdf
http://hdl.handle.net/20.500.11937/96584
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author Allen, Christina
Krever, Richard
author_facet Allen, Christina
Krever, Richard
author_sort Allen, Christina
building Curtin Institutional Repository
collection Online Access
description Advocates for greater social responsibility by corporations who support corporate social responsibility or environmental, social and governance standards accounting by large companies increasingly call for tax behaviour to be considered one indicator of desired social behaviour. This advocacy may be based on naivety or a failure to understand the basis of tax avoidance by multinational enterprises. The decision by developed nations to allocate profits of multinational enterprises on the basis of notional arm’s length prices effectively endorses and invites companies to shift profits through transfer prices. Since the transactions in question would almost never take place between unrelated companies in a genuine arm’s length environment, there can be no comparable for developing an arm’s length price. As a result, the law effectively gives companies free rein to nominate arm’s length prices that are inherently fictional given the absence of similar transactions outside multinational enterprises. It can be argued, therefore, that it is both unfair and counterproductive to judge companies poorly because they follow the law and accept the invitation inherent in the arm’s length system to shift profits and avoid tax. If social responsibility advocates are concerned about tax avoidance by multinational enterprises, they should shift their attention from law-abiding companies to the legislatures and press for replacement of the system for allocating international profits to one that attributes profits to their actual sources based on objective indicators, not an allocation using fictional prices nominated by the companies shifting profits to low-tax jurisdictions.
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spelling curtin-20.500.11937-965842025-01-17T05:54:26Z EST(T): Should and Can Tax Performance be a Factor in Evaluating the Ethical, Moral and Social Performance of Corporations? Allen, Christina Krever, Richard Advocates for greater social responsibility by corporations who support corporate social responsibility or environmental, social and governance standards accounting by large companies increasingly call for tax behaviour to be considered one indicator of desired social behaviour. This advocacy may be based on naivety or a failure to understand the basis of tax avoidance by multinational enterprises. The decision by developed nations to allocate profits of multinational enterprises on the basis of notional arm’s length prices effectively endorses and invites companies to shift profits through transfer prices. Since the transactions in question would almost never take place between unrelated companies in a genuine arm’s length environment, there can be no comparable for developing an arm’s length price. As a result, the law effectively gives companies free rein to nominate arm’s length prices that are inherently fictional given the absence of similar transactions outside multinational enterprises. It can be argued, therefore, that it is both unfair and counterproductive to judge companies poorly because they follow the law and accept the invitation inherent in the arm’s length system to shift profits and avoid tax. If social responsibility advocates are concerned about tax avoidance by multinational enterprises, they should shift their attention from law-abiding companies to the legislatures and press for replacement of the system for allocating international profits to one that attributes profits to their actual sources based on objective indicators, not an allocation using fictional prices nominated by the companies shifting profits to low-tax jurisdictions. 2024 Journal Article http://hdl.handle.net/20.500.11937/96584 https://www.unsw.edu.au/content/dam/pdfs/business/acct-audit-tax/research-reports/ejournal-of-tax-research/2024-12-ejournal-tax-research-v22-n3/2024-12-eJTR-esgt-v22-n3.pdf Australian School of Business, University of New South Wales fulltext
spellingShingle Allen, Christina
Krever, Richard
EST(T): Should and Can Tax Performance be a Factor in Evaluating the Ethical, Moral and Social Performance of Corporations?
title EST(T): Should and Can Tax Performance be a Factor in Evaluating the Ethical, Moral and Social Performance of Corporations?
title_full EST(T): Should and Can Tax Performance be a Factor in Evaluating the Ethical, Moral and Social Performance of Corporations?
title_fullStr EST(T): Should and Can Tax Performance be a Factor in Evaluating the Ethical, Moral and Social Performance of Corporations?
title_full_unstemmed EST(T): Should and Can Tax Performance be a Factor in Evaluating the Ethical, Moral and Social Performance of Corporations?
title_short EST(T): Should and Can Tax Performance be a Factor in Evaluating the Ethical, Moral and Social Performance of Corporations?
title_sort est(t): should and can tax performance be a factor in evaluating the ethical, moral and social performance of corporations?
url https://www.unsw.edu.au/content/dam/pdfs/business/acct-audit-tax/research-reports/ejournal-of-tax-research/2024-12-ejournal-tax-research-v22-n3/2024-12-eJTR-esgt-v22-n3.pdf
http://hdl.handle.net/20.500.11937/96584