2013 Cambridge Business & Economics Conference ISBN : 9780974211428 Are Taxes a Determinant Factor in Earnings Management Behavior? – Empirical Results From Brazilian Insurance Market. ABSTRACT Earnings management is a special issue in accounting theory, and the main impact of the practice is the creation of biases in financial statements. More specifically, earnings management affect accounting profits, and consecutively affect stakeholders in their decisions. According to the specialized literature, earnings management is a practice considered feasible by companies when they glimpse incentives to perform it, and incentives to the practice can be established by different reasons, so one may reasonably believe that enforcements rules of the environment is a special stimulus to the practice. As an example, unequal tax-rules between economic sectors can stimulate the practice of earnings management. So, our purpose is to verify if the legal enforcement by the government authorities created incentives to the earnings management in Brazil. To test the hypothesis, we selected a sample-data composed by Brazilian insurance companies, since this sector suffered a considerable increase in the income-taxes rate in 2008, moving the global rate from 34% to 40% of the accounting profit. Our sample consisted in 1.536 firms-years observations, in 16 quarters between 2007 and 2009. The utilization of this specific group had other important motive: according to Brazilian tax regulatory system, technical accruals from insurance companies can be considered deductible from income taxes. To consider the situation, we created a panel data model with changes in the level of the specified accruals during the selected time and included control variables for a better model specification. The results showed a significant relationship between the increased tax rates and the measure of the specified accruals, showing evidences of earnings management behavior in this sector. Key-words: (I) Earnings Management; (II) Tax Determinants; (III) Brazilian Insurance Market. Authors: Eduardo da Silva Flores Álvares Penteado Business School – São Paulo, Brazil. Héber Pessoa da Silveira Álvares Penteado Business School – São Paulo, Brazil. July 2-3, 2013 Cambridge, UK 1 2013 Cambridge Business & Economics Conference 1. ISBN : 9780974211428 INTRODUCTION Earnings management (EM) is a special issue for accounting researchers. So many authors investigate the effects of this practice in the creation of biases in financial statements, more specifically in profits (e.g. HEPWORTH, 1953; JONES, 1991, DECHOW; SLOAN; SWEENEY, 1995; DECHOW et al, 2011). According to the Healy and Wahlen (1999) earnings management has been defined as the use of judgment in financial reporting and in structuring transactions to alter financial reports to either mislead some stakeholders about the underlying economic performance of the company or to influence contractual outcomes that depend on reported accounting numbers. Doupinik (2008) show that prior researches has investigated a variety of incentives for EM: stock prices, income targets, less variable incomes reports and many other factors that stimulates managers to affect results with artificial accounting entries. One can logically expect that the EM only happens in firms where the perceived benefits are higher than the perceived risks incurred in this kind of accounting manipulation. Watts and Zimmerman (1978) established three general lines associated with motivational factors that tends to boosts the companies for the earnings management behavior: (I) capital markets; (II) regulatory costs; and (III) benefits to the accounting performance. Each one of these motivational factors can be interpreted by different points view, creating a multiple perspective about the main reasons that lead firms to the practice of EM. More specifically, referring to the incentives of regulatory costs, it is plausible to believe that the tax environment in which a firm is involved is a strong stimulus for increasing the discretionary judgment by managers in financial statements. Dealing with the involuntary obligation of taxes payments, firms usually seek alternative ways to reduced taxes applied to its core business, even running the risk of a reduction in the quality of its accounting measurement (e.g. CHEN; DALEY, 1996; BEATY; HARRIS, 1998; BADERTSCHER et al, 2006; DESAI; DHARMAPALA, 2009). In Brazilian taxation system one finds different treatments for companies due to various issues, such as firm size, capital structure or business sector. In this last one, for example, we can mention the elevation of the EBIT tax rate to financial companies occurred in 2008, when this rate increased from 34% to 40% of EBIT for those firms. It is reasonable to believe that this situation boosted the firms to compute lower profits, trying to reduce their income taxes. In this context, the objective of this paper can be summarized as follows: are taxes a determinant factor in earnings management behavior? To check the argument we selected firms present in Brazilian insurance market, because, according to the Law 3.000/99, these companies can subtract of their income taxes basis the values of technical liabilities representing the risks assumed by these organizations in the private insurance industry. A more detailed methodology is described in section 3. July 2-3, 2013 Cambridge, UK 2 2013 Cambridge Business & Economics Conference ISBN : 9780974211428 The structure of the paper is as follow: Section 2 brings background and hypothesis development, where we do the literature review and establish the constructs; Section 3 describes methodological aspects such as strategic approach applied for the study, sample details and methods; Section 4 brings results and comments; Section 5 concludes with a summary of the main results and some suggestions for future researches. 2. BACKGROUND AND HYPHOTESIS DEVELOPMENT 2.1 Earnings management definitions Financial statements commonly subsidizes stakeholders during decision making about investments and allocation of financial resources and creation of scenarios, but at the same time they suffer the influence and pressures that arise from internal and external forces of the organizations. In other words, managers frequently have stimulus to creates distortions in accounting numbers, sometimes seeking to deceive stakeholders. Following Healy and Wahlen (1999, p. 368): Earnings management occurs when managers use judgment in financial reporting and in structuring transactions to alter financial reports to either mislead some stakeholders about the underlying economic performance of the company or to influence contractual outcomes that depend on reported accounting numbers. Earnings management occurs basically when managers use judgment in financial transactions and make operations that alters the financial results reported in order to mislead other stakeholders about the company’s performance or to influence contracts that depends on accounting numbers (Healy; Wahlen, 1999). Scott (2003) and McKee (2005) characterized earnings management as the decision facing the accounting information in order to obtain specifics gains and even maintaining unrealistic stable and predictable financial results. Ewert and Wagenhofer (2005) mention that this behavior can be developed in case of changes that affect the timing of recognition of certain items in Accounting and/or in structuring operations aimed solely to alter financial results. As an example, the formation of specifics purposes enterprises (SPEs) for the sole purpose of recording losses or gains. Roychowdhury (2006) highlights that in both cases the operational earnings management practice is encouraged by managers. According to Watts and Zimmerman (1978) earnings management have occurred as a function of the three main perspectives shown below (Frame 1): July 2-3, 2013 Cambridge, UK 3 2013 Cambridge Business & Economics Conference Incentives to EM Description ISBN : 9780974211428 Prior studies Capital market motivations Firms use accounting information to create unrealistic expectations about stock returns thus receiving better resources from capital markets. DeAngelo (1988); Perry and Williams (1994); Erickson and Wang (1998); Dechow, Sloan and Sweeney (1995. Contracting motivations Firms use account numbers to regulate contractual deals. Dechow and Sloan (1991); DeFond and Jiambalvo (1994); Holthausen et al (1995). Regulatory motivations The use of EM is more likely to happen when organizations are submitted to specifics regulations. Jones (1991); Cahan (1992); Gaver and Paterson (2003); Albornoz and Illueca (2005). Frame 1 – Incentives to Earnings Management These incentives can be combined and create new reasons to improve the EM in financial statements. More specifically in regulatory motivations, managers have a special intention to practice some kind of manipulation, because the impacts of changes in rules generally affect companies financial plans and budgets. It’s important to mention that all firms account information hold some kind of discretionary judgment enforced by managers, but not all the judgments are used to create informational mistakes or to mislead stakeholders. In other words, it is expected that earnings have part of its numbers influenced by the experience and know-how of managers and counters about their business. For this reason it is really difficult to be sure of when a firm or a group of companies is practicing earnings manipulation or not. Note also that although the EM impact the quality of published results, the accounting decisions in this context should not be always seen as fraudulent behavior, once earnings management occurs primarily in the context of legality, although there is sometimes only a tenuous distinction or barrier with illegal practices. 2.2 Increase in income taxes applied to Brazilian financial sector The Brazilian tax scenario has been subject of many discussions regarding controversial – and sometimes difficult to understand – issues. Even legislation and auditing authorities sometimes find it difficult to understand and interpret the large amount of taxation laws and standards. Brazilian law determine that the process of collecting contributions, taxes and fees is enforced by government to achieve the common good (CARRAZA, 2003), then taxes can only be created and charged to establish some kind of harmony with taxpayers (SILVA, 2010). The argument can be shown, for example, by the income taxes formation in Brazil. In this country taxes applied over firms earnings are shared in two kinds of duties: the first is a tax (Income Taxes) and the second a tribute called “Contribuição Social Sobre o Lucro Líquido” (Social Contribution over Net Incomes in free translation) from now on cited as July 2-3, 2013 Cambridge, UK 4 2013 Cambridge Business & Economics Conference ISBN : 9780974211428 “CSLL”. These two taxes are levied on profits, and Brazilian tax law distinguishes between both. Regarding specifically to CSLL, according to Alencar, Pereira and Rezende (2010, p.127): The creation of the CSLL was established in art. 195 of the Constitution, which deals with contributions to fund social security. The CSLL is a social contribution, of Union's competence, levied on legal entities included in this group those that are equivalent to the legal person for purposes of taxation from income tax. The net income is the starting point in the calculation of income tax, and after being adjusted with the addition and subtraction of the relevant expenses and/or incomes (deemed deductible or not), the income, now a form of profit, is used as the basis for calculating CSLL. Gallo, Pereira and Reis (2010, p.35) point out that "[...] his determination is similar to income tax, hence, the legal entity that opt for the calculation of income tax by a regime, automatically also opt for the same to calculate the CSLL". January 3, 2008 was the date of promulgation of the Medida Provisória (a legal artifact existing in Brazilian legal environment) 413 (MP 413) subsequently converted into Law 11,427, which, among other guidelines and through its Article 17, altered the CSLL charged to financial institutions and similar companies, which increased from 9% of the calculation basis cited above to the current 15%. Another important point to be emphasized with respect to a characteristic of the Brazilian tax system is the “principle of precedence”, which is materialized through the drafting of paragraph c of section III of article. 150 of the Federal Constitution, as follows: Article 150. Notwithstanding other guarantees ensured to the taxpayer, it is forbidden for the Union, States, the Federal District and Municipalities: [...] III - tributes [...] c) within ninety days of the date of publication of the law which instituted or increased [the tribute]; (Included by Constitutional Amendment No 42, 19.12.2003). BRAZIL (1988). Thus, the financial impact of the increment provided in CSLL rate only began to affect the group of firms mentioned above around May 2008, since ninety days from the date of publication of MP 413 would be up in April. However, as the payment of income tax and social contribution happen on the last day of the month following its determination, the first payment based on redetermination occurred only on May 30, 2008. It is relevant to us to mention this characteristic once this situation motivated the construction of a database consisting of quarterly information provided from financial statements. More details are seen in section 3. July 2-3, 2013 Cambridge, UK 5 2013 Cambridge Business & Economics Conference 2.3 Determinants of environmental management behavior ISBN : 9780974211428 tax practices in earnings An early work on earnings management was done by Hepworth (1953), in which he sought to verify the adoption of accounting standards that would allow the reduction of the firms accounting profits, thus performing the reduction of tax payment. Goulart (2007, p.48) notes that "companies with very high profits relative to other sectors may find themselves encouraged to accounting practices that reduce their results in order not to draw too much attention from the collecting agencies, which may propose taxes increases". Chen and Daley (1996) analyzed the existence of earnings management in the Canadian financial industry from 1977 to 1987, period in which those firms had incentives to perform practices that would allow certain tax benefits. Although they have not achieved robust evidence in their research, the authors highlighted that there were some evidence of the practice. Beatty and Harris (1998) compared the effects of taxes, agency costs and information asymmetry, involving earnings management between public and private banks. Their results indicated that public banks have tended to manage their results more than private banks, and the authors said it was a consistent finding among previous research, which indicated that companies of this nature tend to practice more earning management in order to sustain better accounting performances. Corrar, Martins and Paulo (2007) conducted a study in order to check if the analysis of deferred tax effectively increased earnings management in econometric models. They developed a survey among some economic sectors in Brazil, using more specifically two econometric models which they modified: Jones model (MJM) and Kang and Sivaramakrishnan (KS) model, both developed in 1995. The results showed that the analysis of the deferred tax credit has not improved significantly the quality of the technics. The authors emphasized that this result was probably due to the condition that such models were developed and where they were set up, in this case, the North American economy. Han and Wang (1998) investigated, along the Gulf War, that U.S. companies producing fuels tended to manage their results due to a tax lien applied to the price of these products, which was above parameters of past years. The authors found the existence of abnormal behavior in the profit account of these companies, which was interpreted as a strong indication of earnings management. Rodrigues (2006) checked the use of technical accruals of Brazilian insurance companies, in order to reduce taxable income in periods of higher profits. It was found evidence of significant achievement of the practice when the firms exceed specifics standard numbers. Another important finding was the reversion of the technical accruals when profits were lower than this limits, evidencing some kind of manipulation to improve or worsen accounting results. July 2-3, 2013 Cambridge, UK 6 2013 Cambridge Business & Economics Conference ISBN : 9780974211428 The present study follows the line of research which considers that questions of tax environmental can create strong incentives for the practice of earnings management, once one believes that managers search for benefits of mitigating taxes payment through the process of recognition and accounting measurement, therefore affecting the informational quality of financial reports. The practical consequence of this perspective is the accentuation of informational asymmetry between users of financial statements, as shown in FIGURE 1: FIGURE 1 – Tax determinants in earnings management approach. Conjugating the object of this research with the background developed above, we established the following hypotheses, which were tested through empirical procedures detailed in Section 3: Hypothesis 1 (H1) - Private insurance companies increase their volumes of technical provisions during the period of increased CSLL. aiming the reduction of taxes paid over profits. This hypothesis was tested by including a dummy variable representing a temporal division between before and after the increase in the CSLL. Hypothesis 2 (H2) - Premiums (technical term used to name revenues in insurance sector) earned by insurance firms did not increase in the same order of technical provisions. To test this assumption we analyzed the volume of premiums earned and recorded in income. Hypothesis 3 (H3) - Selling expenses show no correlation with changes in technical provisions during the period analyzed. To analyze this assumption we inserted into the model an item representing the cost of commercial expenses in the firms. July 2-3, 2013 Cambridge, UK 7 2013 Cambridge Business & Economics Conference ISBN : 9780974211428 Hypothesis 4 (H4) - Income taxes expenses (IRPJ and CSLL) are negatively correlated to changes in technical reserves. This hypothesis was verified with the insertion of direct tax expenses. 3. RESEARCH DESIGN Following the scope of this research, we investigated the practices of earnings management through a specific accruals model, which according to Martinez (2001) is defined as the modeling of particularized accounting items, which tend to suffer the greatest impact on a particular sector, such as technical provisions in insurance market, enabling the development of a regression model more robust and compatible with the object of study. To estimate the model we build a sample-data with quarterly account numbers published by insurance firms in SUSEP Statistics System. SUSEP, or Superintendência de Seguros Privados, is the regulatory authority for insurance firms in Brazil, an agency responsible for control and regulation of this sector in Brazil. The use of data from quarterly financial statements allows the verification of effects that could not be detected with the use of annual data (Giroux, 2011). As an example, the effect of income taxes increase only impacts insurance firms in the second quarter of 2008. Thus, a sample-data was composed of 96 insurance firms with data from the first quarter of 2007 to the fourth quarter of 2009 (16 quarters), performing a total of 1,536 firm-observations. It is noteworthy that the year 2010 was not included due to the harmonization process to International Financial Reporting Standards (IFRS), preventing the creation of biases that could lead to misinterpretation of results. The econometric model applicable in the analysis is expressed in the follow equation: ΣΔπππβπ΄ππππ’πππ π‘π ππ΄π‘π ππ πΆπΈ = π£0π‘π + π£1πΌππΆπ πΆππΏπΏπ‘π + π£2π ππ΄π‘π + π£3 ππ΄π‘π + π£4 ππ΄π‘π + π‘π π‘π . ππΈπ‘π π£5 ππ΄ + π£6ππ’πππ‘πππ π‘π + ππ‘π . π‘π . Where: ΣΔπππβπ΄ππππ’πππ π‘π ππ΄π‘π π£0π‘π Sum of changes in technical provisions for insurance over the quarters divided by total assets. Slope of the estimated equation. π£1πΌππΆπ πΆππΏπΏπ‘π Dummy variable representing the division between the periods before and after the increase in CSLL applied to the insurance sector. It assumes value 0 for the quarters of 2006 and 2007 and 1 from the 2nd quarter of 2008 and 2009 (Hypothesis 1). π£2π ππ΄π‘π Return of Assets by insurer over the quarters. Control variable included to mitigate the effect of the disparity between the sizes of companies. July 2-3, 2013 Cambridge, UK 8 2013 Cambridge Business & Economics Conference ISBN : 9780974211428 π£3 ππ π‘π ππ΄π‘π Total premium received by the insurance company during the quarter divided by total assets. Control variable included in the model to mitigate the effect of increased billing variation in technical provisions (Hypothesis 2). π£4 πΆπΈπ‘π ππ΄π‘π . Total of selling expenses over the quarters divided by total assets. Control variable used to verify if these expenses would suffer the same variability of technical provisions in this period (Hypothesis 3). π£5 ππΈπ‘π ππ΄π‘π . Total tax expenses by insurance company over the quarters divided by total assets. Control variable to analyze the amount of tax expenses in this period (Hypothesis 4). Quarters studied. A control variable inserted in order to extirpate the natural effect of time in the series. π£6ππ’πππ‘πππ π‘π ππ‘π White noise. We then performed a panel data model. Freitas Vieira and Carneiro (2003) state that in longitudinal studies of panel data, the same variables are measured in the same units of analysis for at least two time periods, and is particularly suitable for investigations changes in individual levels. Diggle et al (2002) point out that this model allows data evaluation findings about changes in the response variable for an individual over time and the oscillations between different components of the sample, increasing the quality of interpretations of causality. The results were obtained through the statistical software R-Project (version 2.15.2). 4. EMPIRICAL RESULTS 4.1 Descriptive statistics A descriptive statistic of the sample variable measures, coupled with the correlation coefficients between those variables are shown in TABLE 1 and TABLE 2, with the correlations calculated by Spearman method. It is possible to evaluate by TABLE 1 that the variable “accruals” has a standard deviation (0.2283), statistically significant when compared to its average (0.3817). It is reasonable to believe that this dispersion is particularly accentuated by the presence of firms with different sizes in the sample, then the use of control items to reduce this effect, such as return on assets (ROA) is important to obtain more robust estimators. Still based on the Table 1, it seems that the average technical provisions weighted by total assets of insurance companies increased after the increase in CSLL. The p-value obtained shows that this difference is statistically different (and higher) at a significance level of 1%. July 2-3, 2013 Cambridge, UK 9 2013 Cambridge Business & Economics Conference ISBN : 9780974211428 TABLE 1 – Descriptive statistics Variable Increase of CSLL Firmsyear Average Standarddeviation - 1.536 0,3817 0,2283 - 1.536 0,0134 0,0488 - 1.536 0,3618 0,4086 - 1.536 0,0494 0,0803 - 1.536 0,1156 0,0124 768 768 0,3660 0,3974 0,2313 0,2444 ΣΔπππβπ΄ππππ’πππ π‘π ππ΄π‘π π ππ΄π‘π ππ π‘π ππ΄π‘π πΆπΈπ‘π ππ΄π‘π . ππΈπ‘π ππ΄π‘π . Before After *** - Significant at 1% (0.01) πΌππΆπ πΆππΏπΏπ‘π Test-t p-value 1,9631 0,000*** In Table 2 it is possible to analyze the “premium weighted by total assets” obtained by private insurance companies. It shows a negative (although not statistically significant) coefficient after the increase of the CSLL (-0.3063), pointing out that the value decreased after the change. Selling expenses also decreased after increasing the contribution (-0.0245) but not in statistically significant basis. Noteworthy is the same effect for variable tax expenses weighted by total assets, that shows a correlation coefficient of -0.843 (statistically significant at 1%) with the term INCRCSLL, reinforcing expectations about the use of technical provisions seeking tax cuts, as predicted in Hypothesis 4. We also highlight the statistical significance of the correlation coefficients, which mostly were relevant in a confidence interval of less than 1%, which increases the reliability of research findings. TABLE 2: Correlation Matrix of Spearman ππΈπ‘π πΆπΈπ‘π Variable πΌππΆπ πΆππΏπΏπ‘π ππ΄π‘π . ππ΄π‘π πΆπΈπ‘π ππ΄π‘π ππΈπ‘π ππ΄π‘π . πΌππΆπ πΆππΏπΏπ‘π ππ π‘π ππ΄π‘π ΣΔπππβπ΄ππππ’πππ π‘π ππ΄π‘π July 2-3, 2013 Cambridge, UK ππ π‘π ππ΄π‘π ΣΔπππβπ΄ππππ’πππ π‘π ππ΄π‘π 0,5930 ***0,000 - -0,0245 -0,0843 0,3191 ***0,000 0,7646 0,7840 -0,0363 ***0,000 ***0,000 0,1547 0,2515 0,4430 0,0855 0,2145 ***0,000 *0,0826 ***0,000 ***0,000 - 10 2013 Cambridge Business & Economics Conference π ππ΄π‘π ISBN : 9780974211428 0,0065 0,0630 -0,0450 0,0771 -0,1286 0,7978 **0,0134 *0,0776 ***0,000 ***0,000 * - Significant at 10% (0.10); ** - Significant at 5% (0.05); *** - Significant at 1% (0.01) 4.2 Results of regression model TABLE 3 shows the results obtained with the regression model of specific accruals. It is emphasized that the estimators of the model were obtained by regression to the mean through a longitudinal analysis data (panel model) formed by a balanced sample-data, considering that the effect of the estimators remain changed between periods, leading: TABLE 3: Regression model results ΣΔπππβπ΄ππππ’πππ π‘π ππ΄π‘π ππ πΆπΈ = π£0π‘π + π£1πΌππΆπ πΆππΏπΏπ‘π + π£2π ππ΄π‘π + π£3 ππ΄π‘π + π£4 ππ΄π‘π + π‘π π‘π . ππΈπ‘π π£5 ππ΄ + π£6ππ’πππ‘πππ π‘π + ππ‘π . π‘π . Variable Coefficients StandardDeviation t-value p-value π½0 0,3834 0,0212 18,0896 0,0000 *** πΌππΆπ πΆππΏπΏ. 0,0230 0,0053 5,3078 0,0000 *** π ππ΄. -0,1620 0,0551 -2,9391 0,0033 ** ππ /ππ΄ -0,0278 0,0162 -1,7119 0,0871 * πΆπΈ/ππ΄ 0,5014 0,0756 6,6278 0,000 *** ππΈ/π΄π -1,6521 0,4538 -3,6408 0,000 *** 2º ππ’πππ‘ππ -0,0065 0,0076 -0,8559 0,3922 3º ππ’πππ‘ππ -0,0041 0,0083 -0,4928 0,6222 4º ππ’πππ‘ππ -0,0258 0,0093 -2,7787 0,0055 N = 1.526 – FD 8 F-statistic ** R² ajust. = 0,00627 13.9943 < 0.0000 *** * - Significant at 10% (0.10); ** - Significant at 5% (0.05); *** - Significant at 1% (0.01) Variable “INCRCSLL” has a positive coefficient and is statistically significant at 1%, evidencing that the amount of technical provisions increased after the change in CSLL rate. This effect is consistent with the assumption stated in Hypothesis 1, in which we assumed that private insurance companies practice earnings management in search of reduction in income taxes cost. July 2-3, 2013 Cambridge, UK 11 2013 Cambridge Business & Economics Conference ISBN : 9780974211428 Regarding to “ROA”, we verify the significance of this term as a relevant control variable in the model. This finding confirms the indication performed during the analysis of descriptive statistics of the sample-data. Due to the presence of companies with different firm sizes in the database, there was a wide scatter in the values, captured in the high standard deviations of the variable. Thus, the inclusion of this variable helped to control this disparity, allowing estimators to be more robust and reliable. Also regarding to “ROA”, the presence of a negative coefficient on return on assets (-0.1620), indicates that firms with higher returns tend to have minor changes in technical provisions. Although this a priori demonstrates that larger insurers manage their results less, it does not discard the premise that such companies tend to seek the linearization of their numbers, which characterize the practice of income smoothing, also considered a form of earnings management. Analyzing the findings of variable “PR/TA”, the premiums earned by the companies did not vary in the same way of technical provisions. The reduction (0.0278) in the estimated coefficient points out that changes in technical reserves increased as the recognition of premiums decreased, showing a negative correlation between the two variables. This fact allows us to confirm Hypothesis 2, and we can infer a greater evidence that increases in provisions were aimed solely at the reduction of income taxes, because the logical consequence would indicate that reserves should increase, among other factors, by the greater risk exposure that arise from the acceptance of insurances. So, to the point that they take more risks, they should raise their premiums. However, the findings of the model show the opposite. Regarding to the variable “CE/TA”, which was inserted into the model for testing Hypothesis 3, it has a positive correlation with provisions. According to TABLE 2, the amount of selling expenses reduced after the increase in CSLL (0.0245). Even though this fact does not allow us to accept Hypothesis 3, it is interesting to compare the result with the premise established in Hypothesis 2. Once selling expenses arise only by the implementation of operational activities, they should have a high positive correlation with the prizes, and in the model they do (0,7646). However, there is no plausible reason for prizes to show a negative correlation with technical provisions. If they do, it means they were disproportionally increased by managers seeking specific objectives in their firms. In what refers to the direct taxes (“TE/TA”), the estimated coefficient of 1.6521, clearly indicating that increases in technical provisions are directly related to in the reduction of income taxes. These situation emphasizes the statement that private insurance companies try to reduce their taxes cost through variations in their accruals. This result confirms Hypothesis 4. Finally, it was found that firms increased their volumes of technical provisions in the fourth quarters of each year. Although this fact allows us to infer that this would be a more conservative behavior, it is also possible to believe that they use the last three months of the year in order to increase the volume of expenditure, thus July 2-3, 2013 Cambridge, UK 12 2013 Cambridge Business & Economics Conference ISBN : 9780974211428 decreasing net income and, consecutively, taxable income by the methodology of annual income taxes. In this method, in which the value of effective taxation of the profits is only known in December 31 of each year, firms seem to adopt a more “aggressive” behavior in earnings management than usual in other months along the year. This result reinforces the findings of Rodrigues (2006) in which the author shows evidence of the use of technical provisions due to the decrease in taxable values for income taxes. 5. Conclusions Throughout the conduct of this study we tried to evaluate whether changes in tax environmental imposed by governmental jurisdictions with private sector entities tends to create incentives for firms to practice earnings management. Then, we used Brazilian insurance companies whose CSLL (a tax based on operating profit) increased from 9% to 15% in 2008. The reason for the choice of insurances companies occurred precisely because of peculiarities of Brazilian taxation law, which allows those firms to use technical accruals, used by these firms as guarantees against the risk they take in their operations, as deductible values in tax income. Then, increases in provisioning levels of technical accruals promote direct effect in decreasing taxation basis. Results shown in Section 4 show that there was a significant increase in technical accruals and decrease in tax expenses of insurance companies, showing robust indications that those firms increased their technical accruals aiming the reduction of income taxes basis. We also evaluated variables representing the operating volume of insurances companies activities, such as premiums and commercial expenses. We included these items to avoid the natural effect of the increases in business over the periods. We noted that the premiums decreased during the observed timeliness, but commercial expenses increased. This is an interesting fact, because the expenses arise from commercial operations of the business, which is expected to be intrinsically and positively related to premium variable. This finding demonstrates that technical accruals moved in a contrary way of premiums, increasing whilst volumes of sales recognized in income decreased. The result added strength to Hypothesis 1, in which private insurance companies increase their volumes of technical accruals aiming reductions in income taxes cost. These findings indicate that tax environments with greater government intervention and major changes in laws and rules, especially when such regulations are applied so uneven to different economic sectors, tend to create greater incentives for earnings management practices. Changes in regulatory actions directly affect private organizations, changing the way they interact with the external environment in which they operate, and we suggest as an indication of interesting future research issues, assessing whether countries and times with larger changes in taxation rules July 2-3, 2013 Cambridge, UK 13 2013 Cambridge Business & Economics Conference ISBN : 9780974211428 firms tend to perform greater earning management actions, actively changing their accounting numbers in response to such changes in taxation laws. REFERENCES Badertscher, B. Phillips, J. D. Pincus, M. P. K. Rego, S. O. (2006). Tax Implications of Earnings Management Activities: Evidence from Restatements. Beatty, A. Harris, D. G. (1998). The effects of taxes, agency costs and information asymmetry on earnings management: A comparison of public and private firms. Review of accounting studies. 3: 299-326. Cahan, S. (1992). 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