Proceedings of 8th Asia-Pacific Business Research Conference 9 - 10 February 2015, Hotel Istana, Kuala Lumpur, Malaysia, ISBN: 978-1-922069-71-9 The Effect of Corporate Governance on Book-Tax Differences in Tehran Security Exchange Hejazi Rezvan1, Abouhamzeh Mina2 and Mirzaee Mohammad Mahdi3 Corporate governance is a mechanism to reduce agency costs and improving corporate reporting quality. Also it helps wide spread stockholders’ rights including governments to be considered and in result, it is expected to improve tax compliance. This paper investigates the effects of corporate governance on book-tax differences in Tehran Security Exchange. To measure corporate governance level, we used 3 equity-base indexes (1) share held by main stock holders (2) institutional ownership percent (3) number of main stock holders. To measure tax compliance we used an index based on book-tax differences. Results showed companies with high institutional ownership and higher ownership concentration had more tax compliance. Also companies with higher leverage had more tax compliance. JEL CODES: Corporate governance, Book-tax differences, Tax compliance, Size, Leverage. 1. Introduction Development of cooperatives caused appearance and increase in the number of some investors that without direct cooperation in controlling the companies, they supervise on companies affairs by selecting the board of directorate. For many years, it seemed that all groups of a cooperative having activity for common objective, however during last years, there have been discussed many cases of conflict of interest between groups and how companies interfere with such kind of conflicts (Johnson and McLing, 1976). According to Agency Theory, by separating the ownership from management and forming a representative relation, there was occurred conflict of interest between managers, shareholders and other stakeholders (such as government). Today, according to authorities the best solution for representative issue is improving the corporate governance. Desirable corporate governance ensures that institutes effectively apply their capital and attend wide range of stakeholder groups such as government as well as whole community and board of directors is responding against stockholders and company. Therefore, it must be ensured that institutes can generally have activity for their community and may make the confidence of investors and attract long-term investments. Supplying the government benefits as one of the stakeholder groups with tax compliance may increase the tax incomes of the country. Tax income is a safe source for supplying the government costs in the countries. However, examining the incomes of Iranian state indicates that tax incomes comparing 1 Prof. Of Accounting, Alzahra University, Tehran, Iran. 2 Ph.D. Student of Accounting, Alzahra University, Tehran, Iran. 3 Ph.D. Student of Accounting, Allameh Tabatabaee University, Tehran, Iran. Proceedings of 8th Asia-Pacific Business Research Conference 9 - 10 February 2015, Hotel Istana, Kuala Lumpur, Malaysia, ISBN: 978-1-922069-71-9 to other state income sources (such as oil incomes) are in low level (Shemirani & Asadzadeh Bali, 2007). According to the importance of the subject, development plan is also highly stress on it and determined specific objectives for increasing the reliance of state to tax incomes. Attempt to increase the tax compliance is one of the most important ways of increasing the tax incomes because during collecting the tax, tax payers are considered as effective elements. Studies indicate that the more is the percentage of tax compliance in a tax system, the more the income from tax part increases with increase in the macroeconomic indicators such as ratio of tax to GDP, ratio of actual tax income to predicted tax income in the budget and ration of tax incomes voluntarily paid to total collected tax incomes (Kamali & Shafiei, 2011). Considering above subjects, should a company possesses the corporate governance measures, it is ensured that such company observes the rights of wide group of stakeholders such as government and observing the state rights means observing the tax regulation and observing the tax regulations means tax compliance of taxpayer (Kamali & Shafiei, 2011). Corporate governance is a mechanism that by applying it the representative issues will be rectified (Fernandes, 2007) and quality of providing the information by companies will be increased and rights of stockholders and wide groups of stakeholder such as state will be observed followed by increased tax compliance. This study aims to investigate the influence of corporate governance on tax compliance in Iran. Statement of Problem We initially investigate the concepts of corporate governance and tax compliance separately and then deal with theoretical bases for influence of corporate governance on tax compliance. Corporate Governance Since early 1980s, corporate governance turned to a controversial issue internationally and now in 21th century such controversies continue. Corporate governance is not a newly emerged phenomenon and occurred together with appearance of business (Vinten, 2003). Identifying the centrality of large enterprises for allocating the sources in economy underlies discussions and controversies about corporate governance. However, the term “Corporate Governance” was introduced for the first time on 1980s (Terkir,2000) and reviewing the last common texts indicate that the first and oldest concept of corporate governance adapted from a Latin word called “Guidance” and indicates that the first definition for corporate governance focuses on governance not control. Fundamental of corporate governance is based on a limited and old view only deals with relation between corporate and stockholders and this view is discussed in term of “Representative Theory”; however, in the wider view, corporate governance is defined as a network of relations comprising wide spectrum of stakeholders besides stockholders including board of directorate, CEOs, employees, sellers, clients, accountants, auditors, financial analysts, exchange agents, bankers and creditors, social institutes, lawyers, judges, society and of course government; this view is expressed in term of stakeholders’ theory (Hassas Yeganeh, 2006). Proceedings of 8th Asia-Pacific Business Research Conference 9 - 10 February 2015, Hotel Istana, Kuala Lumpur, Malaysia, ISBN: 978-1-922069-71-9 Organization for Economic Cooperation and Development(OECD) defined corporate governance as below: a set of relations between management, board, shareholders and other stakeholders of the company. Corporate governance is along with promoting the justice, clarity, responsiveness and observing the rights of stakeholders in a company. Financial performance of companies has a direct relation with applying appropriate corporate governance and better managers may provide more effective corporate governance and attend to their stakeholders and finally produce higher financial efficiency. This organization has also published some principles in different areas of corporate governance such as increasing the responsibilities of board including internal controls, internal auditing,… Generally, current definition of corporate governance includes: rules, regulations, structures, processes, cultures and systems that provide the field for accessing to responsiveness objectives, clarity, justice and observing the rights of stakeholders (such as government) (Hassas Yeganeh, 2006). Rights of Stockholders and Corporate Governance Stockholders are considered as main owners of the corporate with given ownership rights. Any share provides the stockholder with this right that participate in the benefits of company however its responsibility is limited based on its investment. Holding the share provides the stockholders with this right to access the information of corporate and penetrate in the company by voting in the general meetings. Stockholders of any corporate comprised from individuals and different groups with different interests, objectives and different capabilities. The company management must additionally be able to quickly make commercial decisions. By such facts as well as complexities in controlling the corporate affairs in very dynamic and quick changing markets, shareholders expected to have responsibilities in managing the corporate. Board and group of managers who are appointed by decision of this board, encouraged and replaced if necessary are responsible for determining the strategy and operation of any corporate. The right of penetration of stockholders in company concentrates on a few fundamental subjects such as appointing the members of board or other ways for applying the penetration in determining the combination of mentioned board, modifying the fundamental documents of company, approving the extraordinary transactions and fundamental issues determined in the Corporates Law as well as Articles of Association and internal documents of company. This section indicates the most fundamental rights of shareholders that are recognized almost in all countries a member of Organization for Economic Cooperation and Development. Other rights such as confirming or appointing the auditors, direct candidacy of members of board, authority for mortgaging the shares, approval of dividend, etc… could be seen in different nations. Here, we have used three following ownership measures for evaluating the level of corporate governance: The percentage of shares held by major stockholders: here major stockholders include those who are the owner of more than 5% of shares in the corporate; Number of stockholders who each one are the owner of more than 5% of the shares of the corporate; A percentage of shares in the corporate possessed by institutional owners: institutional owners according to what indicated in Bourse and Securities Law include following groups: Proceedings of 8th Asia-Pacific Business Research Conference 9 - 10 February 2015, Hotel Istana, Kuala Lumpur, Malaysia, ISBN: 978-1-922069-71-9 1) Institutional investor, subject of clause 27 of Article one of Securities Market Law of Islamic Republic of Iran include: 2) Banks and insurance companies; 3) Holdings, investment companies, retirement fund, Capital Supply Company and investment funds registered by Burse and Securities Organization; 4) Any real or legal person who purchases more than 5% or more than 5 billion Rials of nominal value of securities publishing by publisher; 5) Public organizations and institutes; 6) Public corporates; 7) Members of board and publisher managers or individuals with similar function. Tax Compliance The behavior of taxpayers against tax Act is determined in a wide spectrum from compliance to non-compliance. Tax compliance is one of the main objectives of any tax system moving to attain it and indeed one can state that the degree of tax compliance in any country is the measure for assessing the efficiency of tax system of that country (Talebnia, 2007). Tax compliance means that to what extent taxpayers observe the tax rules of the country. Such observance include registration in tax system, delivering the tax statement, maintaining and providing the documents, proper report and paying for tax debts in due date; therefore tax compliance means observing the tax law by taxpayer (Shemirani & Asadzadeh Bali, 2007). According to Article 105 of IRI Direct Taxes Act, “total income of companies and income from profit activities of other legal persons obtained from different sources in Iran or out of Iran, after enacting the losses from non-exempted sources and reducing the exemptions except cases having separate rate according to regulations of this law included in tax with rate of 25%”. Therefore, equal to 25% profit of legal persons must be paid to the government. Observing the right of government by company means observing the tax regulations and more compliance with stated tax (that is determined according to regulations and by company inserted in tax statement subject of Article 110 of Direct Taxes Act) with absolute tax ( that is determined and finalized by tax officers of national tax affairs based on tax auditing subject of Direct Taxes Act) and this is the same as tax compliance by taxpayer. Non-compliance is another side of the spectrum of taxpayers’ behavior. Tax avoidance and tax evasion both are evidences of non-compliance; however their fundamental difference is that tax avoidance is the legal non-compliance (using legal paths for not paying for tax) while tax evasion is illegal non-compliance (using illegal ways such as hiding the income, book cooking,…. for evading from paying the tax). Corporate Governance and Tax Compliance Development of cooperatives resulted in separating the ownership from management and forming the representative relation. Due to the conflict of interest between manager, stockholders and other stakeholders (such as government), the representative issues discussed. Today, according to authorities, the best solution for representative issue is improving the corporate governance. Desirable corporate governance has main principles such as principle of attending the benefits of stockholders, principle of attending to the benefits of stakeholders, principle of revealing and clarity as well as establishing internal auditing and internal controls system and observing the desirable Proceedings of 8th Asia-Pacific Business Research Conference 9 - 10 February 2015, Hotel Istana, Kuala Lumpur, Malaysia, ISBN: 978-1-922069-71-9 corporate governance system may observe the regulations such as tax regulations and observing the tax regulations is the same as tax compliance. Generally, corporate governance indicates the way that companies are managed and governed. As stated, corporate governance is defined by Organization for Economic Cooperation and Development as below: A set of relations between corporate management, board, shareholders and other stakeholders (such as government) and it provides a structure in which the objectives of company and ways for attaining them has been determined and performance assessment has been defined. Internal auditing is a part of corporate governance structure helping the organization to attain its objectives and goals. Internal controls are also a part of internal auditing applied based on guidelines, procedures and rules. The internal controls in an organization is designed and implemented to ensure the efficiency of system, accuracy of financial statements as well as adapting to regulations. Therefore, should the main role of internal controls system is managing different risks encountered to the company and performs along with the objectives of organization, it could be considered as a part of corporate governance. There are many definitions of internal controls; however, the definition developed by Committee of Sponsoring Organization of Treadway Commissions (COSO) is more useful. The report of this committee prepared on 1991 follows previous report about fraud financial reporting in USA recommending that in American companies a set of general principles must be enacted to promote the level of corporate governance. This committee defines it as below: “Internal control is a process influenced by board, managers and other employees and is designed and implemented for reasonable assurance to attain following objectives: Efficiency of operation; Reliability of financial reports; Adapting to irrevocable regulations. According to above mentioned cases and considering this point that tax act is one of the irrevocable regulations for companies, one can conclude that increasing level of corporate governance may improve the internal control system of the company and such improvement based on the declaration of above mentioned committee may adapt the internal operation of company with irrevocable regulation such as Taxes Act. Therefore, under such conditions it is expected that the output of internal operation of company (tax statement, stated profit and finally stated tax) is according to Direct Taxes Act and considerably adapted to what determined by tax officers of Tax Affairs Organization (absolute tax) and this means increased tax compliance as a result of corporate governance (Ohms & Eslon, 2011). 2. Literature Review Blovin et al (2012) investigated the relation between corporate governance, incentives of managers and tax evasion. For testing their hypotheses, they used of regression in distribution quarters of tax evasion and perceived that tax evasion is positively related to the independency of board in the first quarter and negative relation in the last quarter. In this case, they concluded that corporate governance and tax evasion are significantly correlated. Proceedings of 8th Asia-Pacific Business Research Conference 9 - 10 February 2015, Hotel Istana, Kuala Lumpur, Malaysia, ISBN: 978-1-922069-71-9 Jang et al (2011) studied the influence of tax supervisions as a corporate governance mechanism. Their results indicate that tax supervisions mostly result in lower agency costs followed by improving the company’s performance in the market. Minic & Noga (2010) studied the correlation between multiple measures of corporate governance and various measures discussed for evaluating the tax evasion; therefore, they found that there is little correlation between them. In their paper, they looked at the corporate governance by managerial approach and used of variables such as size of board and for evaluating the tax compliance they also used the effective tax rate (resulted from dividing the tax expense by income before taxes). Sartori (2008) concluded that corporate governance and tax behavior of companies is an interaction. It means that both corporate governance influences on tax behavior of companies and tax regulations of government considerably influences on corporate governance. Dasaei et al (2007) indicated that low tax rates may improve the corporate governance and increase the tax incomes and vice versa, high tax rates may deteriorate the corporate governance and reduce the tax incomes. Tomas et al (1996) defined the rate of non-compliance than gross tax gap to total tax debt and compliance rate to size of voluntary collections of tax by taxpayers and concluded that tax compliance is equal to one minus tax non-compliance. Khanjan (2004) presented the potential tax gap level as an indicator in Mashhad tax affair. He introduced deferred taxes that have been attained to the stage of diagnosing the tax; however, their collection has been deferred. He has examined the tax on corporate and persons in two parts by calculating the indicators of Rial portion and percentage portion together with significance level of results on fulfilling the income objectives of Khorasan Province. Seyed Nourani (2009) equalizes the non-compliance with tax gap and tax gap includes tax evasion, deferred taxes (taxes stated however not paid), error of taxpayers in stating and paying for tax, error of auditors for diagnose and perception causing tax noncompliance of taxpayers. Kamali & Shafiei (2011) while studying different concepts of tax compliance provided a clear and accurate definition of it and finally calculated the tax compliance level and its barriers in Iranian tax system. 3. The Methodology and Model Hypotheses of Study To attain the objectives of study, hypotheses detailed as below: Hypothesis 1: Percentage of stocks held by major stockholders may influence on tax compliance of companies. Hypothesis 2: Number of stockholders that are owner of more than 5% shares each may influence on tax compliance of companies. Hypothesis 3: Percentage of company’s stocks possessed by institutional owners may influence on tax compliance of companies. Population and Sample Population of this study includes all companies accepted in Tehran Stock Exchange. Companies who had following conditions simultaneously selected as a sample: 1) Their required financial information is accessible; Proceedings of 8th Asia-Pacific Business Research Conference 9 - 10 February 2015, Hotel Istana, Kuala Lumpur, Malaysia, ISBN: 978-1-922069-71-9 2) They aren’t financial intermediary; 3) Their financial period ended to Mar 21 of each year and their fiscal year hasn’t been changed during years; 4) Their tax has been certain. According to above limitations, 40 companies during five years from 2008 to 2012 were selected as population and due to limited number of members of population, 100% of that population was considered as sample size. Methods of Data Collection In order for collecting the data related to corporate governance, there was used of Rahavard Novin and Tadbir Pardaz software as well as bourse information sharing site and Stock Exchange Organization and data related to tax compliance also obtained from tax files of sample companies. For data processing, there has been used of combine data analysis model by using Excel and Eviews7. Preparing the Model and Method of Testing the Main Hypothesis General model of study for testing the study hypothesis include: TCig= C + α1 LEV + α 2 SIZE + α 3 LSHOW + α 4 NOLSH + α 5 INSTIT + ɛit More, we define the variables of the model. Operational Definition of Variables of Study Dependent Variable: Tax Compliance Indicator For calculating the tax compliance indicator, TAig, we initially reduce the tax stated by taxpayer from certain tax diagnosed by tax auditor; the obtained number indicates the rate of tax evasion of taxpayer. Then we calculate the average rate of tax evasion for sample companies and reduce it from tax evasion of any taxpayer and then negative values reduced from mean tax evasion indicating complete compliance of related taxpayer equal with zero and positive values are considered the same as calculated. Then we normalize these new values obtained to one; on the other hand we arrange these data between zero and one. We normalize the data to one because the scale of data become smaller and we also have a clearer image of taxpayers’ tax non-compliance. Thus, for taxpayers with indicator figure for non-compliance is zero are among the category of taxpayers who have completely compliance and those with their non-compliance indicator figure between zero and one, the more it is closer to zero, the more is their compliance level and the more it closer to one the less their compliance level is. Finally, 1-TAig will be the tax compliance indicator (TCig) (Zanganeh, 2010). Independent Variable, Measures of Corporate Governance Here, according to factors influencing on tax compliance as mentioned above, there have been more used of variables related to the ownership dimension for evaluating the corporation governance level and these variables defined as below: Proceedings of 8th Asia-Pacific Business Research Conference 9 - 10 February 2015, Hotel Istana, Kuala Lumpur, Malaysia, ISBN: 978-1-922069-71-9 1) LSHOW: a percentage of stock held by major stockholders (Owners of more than 5% of shares) 2) NOLSH: Numbers of stockholders each are the owner of more than 5% of corporate shares; 3) INSTIT: it is equal to the percentage of corporate stock held by institutional owners. 4) Control Variables Ratio of debt and size of the corporate that indicated by LEV and SIZE symbols respectively. Variable ϵit is the unknown part (error). 4. The Findings Descriptive Statistics Table 1 displays descriptive statistics of study variables. Mean Median Max Min SD Skewness coefficient Stretch factor Table 1: Descriptive Statistics Shares% of Rate of Tax No. of Major major Institutional compliance Stockholders stockholders Ownership 0.96 75.95 3.01 68.48 1.00 80.34 3.00 76.55 1.00 97.90 6.00 99.30 0.00 35.84 1.00 0.00 0.12 15.42 1.21 29.54 leverage Degree Size 1.71 1.29 8.91 0.25 1.57 13.60 13.24 18.19 10.98 1.54 -6.26 -0.47 -0.02 -1.19 2.41 0.76 47.68 2.13 2.36 3.13 9.64 3.46 Results of Test For analyzing the combined data, initially it is necessary to test the presence of cross sectional fix effects for possibility of using this model. For this reason, we use additional test for cross sectional fix effects and its results indicated in table 2. Table 2- Results of Additional test for fix effects Effects Test Statistics Degree of freedom Local F 1.72 -39.44 Local Kai Square 82.45 39 Error 0.0409 0.0001 Results indicate that H0 hypothesis is rejected (based on lack of any invariable effect). According to the result of above-mentioned test, we must examine to perceive which Proceedings of 8th Asia-Pacific Business Research Conference 9 - 10 February 2015, Hotel Istana, Kuala Lumpur, Malaysia, ISBN: 978-1-922069-71-9 model is more suitable, cross sectional fix effects or random effects. For this reason, we use of Housman test. Results of this test indicated in table 3. Test summary Cross-section random Table 3- Results of Houseman Test Kai Square Degree of Freedom 22.17 5 Error 0.0005 Results indicate rejecting H0 (based on suitability of random effects model) and using cross sectional fix effects model is suitable for testing the hypotheses of this study. According to lack of information about certain tax sheet for some years, total number of observation was 89 years- company and this requires using uneven pattern of estimation for model. For testing the main hypothesis by Panel analysis, its results indicated in table 4. Table 4- Analysis Results for Panel Model Variable Coefficient SD Constant 1.08849 1.0061 Percentage of stocks held by major 0.00247 0.00133 stockholders Number of major stockholders 0.01234 0.01779 Percentage of institutional ownership 0.00802 0.00419 Leverage degree -0.14709 size -0.01990 t-test 1.08189 Error 0.2852 1.85268 0.0706 0.69379 1.91494 0.05933 2.47926 0.07148 0.27847 0.4915 0.0620 0.0171 0.7820 cross sectional fix effects Determination Coefficient 0.7525 Modified Determination Coefficient F Statistics 0.5051 3.0411 Residual squares sum Watson Camera F statistics error 0.3196 1.6995 0.000172 According to above results, in significance level of 10%, whole model (using F statistics) is significant. According to the possibility of t statistics of hypothesis for variables, the percentage of institutional ownership and percentage of stocks held by major shareholders is confirmed. 5 Summary and Conclusions Statistical results obtained indicate that companies with higher institutional ownership level and higher ownership concentration have higher tax compliance. The companies with lower financial leverage ratio have higher tax compliance. This means that the less is the ratio of debt to equity (higher role of stockholders) the more tax compliance is. Proceedings of 8th Asia-Pacific Business Research Conference 9 - 10 February 2015, Hotel Istana, Kuala Lumpur, Malaysia, ISBN: 978-1-922069-71-9 According to results, one can generally conclude that promotion of level and role of stockholders in the company may increase the tax compliance and this result is in agreement to the results of Dasaei et al (2007) who indicated that a strong tax authority may have double supervision on managers, therefore, incentives of foreign stockholders is in parallel to incentives of tax authority for reducing the misuse of company sources by managers; they also indicated that by a strong corporate governance, increase in the tax rates of company may increase the tax included incomes of the company. The ownership structure could be also important. As long as the tax policies used could have main outcomes for improving the patterns of corporate ownership (Dasaei et al, 2007), ownership models could have main effect on tax evasion (Dasaei & Darmapala, 2008). Companies with concentrated ownership, as if family corporates studied by Chen et al (2010) might more evade from tax (lower tax compliance) because controlling owners benefit from higher tax savings. On the other hand, these companies might evade from lower taxes (higher tax compliance) because these long-term concentrated stockholders follow higher horizon and might be sensitive to total costs for tax evasion resulted from influence on their reputation and suspicion to misuse by minor stockholders. Chen et al indicated that family companies evade less than non-family corporates from tax paying and their results is conformed to results of Dasaee and Darmapala (2006). 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