Corporate Tax Avoidance and Fraud Risk
Chapter 1: Introduction
There are no universal definitions of tax avoidance or tax aggressiveness in the
accounting research literature (Hanlon and Heitzman 2010; Frank et al. 2009). Rego
(2003) describes tax avoidance as the application of legal methods to minimize the
amount of tax owed to the government. Frank et al. (2009) characterizes tax
aggressiveness as the manipulation of taxable income through tax avoidance strategies
that may or may not be considered tax evasion. Similar to Hanlon and Heitzman (2010), I
define corporate tax avoidance (CTA) as a continuum of tax planning strategies, from
perfectly legal activities (e.g., municipal bond investments) to more aggressive activities
(e.g., abusive tax shelter) that may fall into grey areas.
Corporate taxes are compulsory contributions collected from firms by the
government and represent a significant cost to companies and shareholders. Before the
Tax Cuts and Jobs Act of 2017 (TCJA), companies could contribute more than one-third
of pre-tax income to the government (Chen at al. 2010). Therefore, CTA may be desired
for shareholders because, based on traditional view of wealth transfer, CTA increases
cash flow to companies and provides additional value to shareholders (Cook et al. 2008;
Dhaliwal et al. 2004). However, the agency theory view of aggressive CTA suggests that
managers may use complex CTA strategies for their own benefits at the expense of
shareholders, including aggressive financial reporting and related party transactions
(Chen et al. 2010; Desai and Dharmapala 2009). The relationship between tax avoidance
and aggressive financial reporting has been well explored (Desai and Dharmapala 2009;
Erickson et al. 2004; Frank et al. 2009; Lennox et al. 2012). However, few researchers
have explored the relationship between tax avoidance and fraud risk
1
. Audit standard
2401 requires audit procedures should be performed to assess fraud risks relative to
aggressive financial reporting (PCAOB AS2401). In addition, prior studies find that tax
avoidance is associated with accounting fraud (Erickson et al. 2004; Lennox et al. 2012).
Prior studies use the sample of accounting fraud firms
2
that were caught and formally
charged by the SEC. In this study, I examine the relationship between tax avoidance and
fraud risk. Unlike accounting fraud, fraud risk can be assessed for all companies.
Accounting fraud (fraudulent financial reporting) is defined as the deliberate
manipulation of financial statements by company’s managers to build a distorted picture
of financial condition, results of operation, and cash flow to deceive creditors and
shareholders (Nicholas 2021). Managers can manipulate financial statements by
overstating revenues or understating expenses, and misrepresenting assets and liabilities.
Fraud risk is defined as the auditors’ assessment of client’s incentives, pressures, and
opportunities to commit fraud. Brazel et al. (2009) examine the relationship between
accounting fraud and fraud risk and find that companies that are committing fraud exhibit
higher levels of fraud risk.
In this study, I explore the relationship between CTA and fraud risk. Prior studies
find that aggressive tax avoidance is associated with accounting fraud (Erickson et al.
1
In this study, fraud refers to accounting fraud and fraud risk refers to the risk that the entity will commit
accounting fraud.
2
Similar to Dechow et al. (2011) and Lennox et al. (2012), I define fraud companies as those committing
accounting fraud on the AAER list.
2004; Lennox et al. 2012). I use various measures to assess fraud risk, including accrual
quality, performance variables, and non-financial measures (NFMs) (Dechow et al.
2011). Dechow et al. (2011) find that fraud companies show unusually high accruals in
fraud years. NFMs are additional proxies I use to measure fraud risk. The PCAOB (2004)
notes that analytical procedures with financial information are not sufficient in detecting
fraud due to managers’ manipulation of financial statements and suggests financial and
NFMs be combined in detecting accounting fraud. Brazel et al. (2009) find that fraud
companies show larger difference between financial and NFMs than non-fraud
companies, suggesting that NFMs can be used to assess fraud risk. Market incentives are
focused on financing from debt securities (Dechow et al. 1995). Dechow et al. (2011)
argue that fraud companies raise more capital through debt securities in fraud years than
non-fraud companies.
Prior studies also provide arguments and evidence on how tax aggressiveness
3
is
related to aggressive financial reporting (Frank et al. 2009; Lennox et al. 2012). Some
studies argue that there is a strong and positive relationship between CTA and aggressive
financial reporting (Desai 2005; Desai and Dharmapala 2006; Frank et al. 2009).
According to this view, managers may report different amounts of income to the public
(higher) and the IRS (lower) (Desai 2005; Hanlon et al. 2012). Desai (2005) and Frank et
al. (2009) suggest that areas of nonconformity between financial and tax reporting
provide more opportunities for companies to maximize book income in the financial
statements and minimize the taxable income simultaneously. However, Erickson et al.
3
Frank et al. (2009) define tax aggressiveness as aggressive tax avoidance, which may be legal or illegal.
(2004) find that aggressive financial reporting is negatively related to tax aggressiveness
because companies intentionally overpaid their taxes in order to validate the fraudulent
financial income. The evidence indicates that some companies overstate their tax
obligations to cover the aggressive accounting reporting. Similar to Erickson et al.
(2004), Lennox et al. (2012) argue that companies could not manipulate taxable income
and book income in the opposite directions without being noticed by external auditors
and the IRS. Lennox et al. (2012) examine the relationship between tax reporting
aggressiveness and accounting fraud and find that companies engaging in aggressive tax
reporting are less likely to commit accounting fraud. However, I expect that CTA is
positively related to fraud risk since the agency theory view of CTA suggests that
managers can exploit financial information to conceal rent extraction
4
by applying
various tax strategies (Desai 2005; Desai and Dharmapala 2006). According to the fraud
risk triangle framework, fraud risk is greater when managers have more opportunities to
manipulate financial statements. Therefore, I predict there is a positive relationship
between CTA and fraud risk.
Furthermore, I examine whether the relationship between aggressive CTA and
fraud risk, is different for fraud and non-fraud companies. Specifically, I explore whether
fraud companies really overpay taxes to conceal their frauds (Erickson et al. 2004).
Drawing on fraud triangle framework, I expect that both fraud and non-fraud companies
show a positive relationship between aggressive CTA and fraud risk. However, I expect
4
Rent extraction refers to managers’ effort to increase their own wealth without creating additional values
for firms and shareholders.
that the magnitude of the effect of aggressive CTA on assessed fraud risk is greater for
fraud companies than for non-fraud companies because managers that commit fraud have
more opportunities and incentives to manipulate financial statements, and they have more
justifications for their fraud behaviors.
This study investigates the relationship between CTA and fraud risk using a sample
spanning the 2000-2017 timeframe. Similar to Armstrong et al. 2015; Dyreng et al. 2008;
and Robinson et al. 2010, I use the GAAP effective tax rate (GAAPETR), the Cash
effective tax rate (CashETR) and permanent book tax difference (PBTD) to measure
CTA. Lower ETR and higher PBTD indicate more aggressive CTA. Fraud risk is
measured from perspectives that include accrual quality, performance variables, and
NFMs. I examine accrual quality by using changes in receivables and inventory because
these two accruals are related to revenue recognition and cost of goods sold that affect
gross profit. Financial data are collected from Compustat. Similar to Brazel et al. (2009)
and Dechow et al. (2011), I collect revenue related NFMs, such as the number of
employees and the amount of order backlogs from Compustat. I calculate the average
change in NFMs and subtract the change in NFMs from change in sales or total assets to
determine abnormal changes in NFMs. Consistent with Brazel et al. (2009), I define
abnormal changes in NFMs of more than 20% as high fraud risk. Then I use ordinary
least square (OLS) regression to test whether CTA is positively or negatively related to
fraud risk.
Generally, I find that CTA is positively related to fraud risk when I use financial and
non-financial variables to measure fraud risk. My results are consistent with fraud
triangle theory and agency theory such that complex tax planning strategies provide more
opportunities for managers to conduct rent extraction. However, I do not find a
significant difference between fraud and non-fraud companies. Due to the considerations
of potential penalties from the IRS, reputational damage from the public, and other costs
associated with CTA, fraud companies may overpay taxes to cover up their manipulation
of financial reporting.
This study contributes to the CTA and fraud risk literature in several ways. First,
while prior studies provide competing arguments regarding whether CTA is positively or
negatively associated with financial reporting aggressiveness, I conduct an empirical
analysis to explore the relationship between CTA and fraud risk. I find that CTA is
positively related to fraud risk because managers may use complex CTA activities to
conduct rent extraction. Auditors and regulators should focus on aggressive CTA since it
may indicate higher fraud risk. Second, this study contributes to the literature relating to
fraud risk. I use accrual quality, performance variables, and NFMs to measure fraud risk.
Managers, auditors, and regulators may evaluate the effect of CTA on fraud risk from
different perspectives. Third, this study contributes to the literature on agency problems
related to CTA. Little is known about whether the relationship between CTA and fraud
risk is different for fraud and non-fraud companies. Fraud companies may incur higher
agency costs than non-fraud companies. Finally, this study provides real-world tools for
business and regulators. Aggressive CTA may be considered a red flag for fraudulent
financial reporting since a higher level of CTA is positively related to higher fraud risk.
The remainder of the paper is organized as follows. In section II, I present the
conceptual framework, literature review and hypothesis development. In section III, I
discuss the research method and data collection. In section IV, I present the research
results. In section V, I discuss the contributions, limitations, and future research
opportunities.
Chapter 2. Literature Review
2.1 Conceptual Framework
2.1.1 Corporate Tax Avoidance (CTA)
According to the key terms on the Internal Revenue Service (IRS) website, tax
avoidance is defined as a perfectly legal method to reduce tax liability and increase
aftertax income. Taxpayers are allowed to use deductions and adjustments to reduce
taxable income and credits to reduce tax liability owed to the government. However, tax
research provides various definitions of corporate tax avoidance and tax aggressiveness
(Hanlon and Heitzman 2010; Frank et al. 2009). Rego (2003) defines tax avoidance as a
legal application to minimize taxes owed to the government. Frank et al. (2009) describes
tax aggressiveness as manipulation of taxable income through tax avoidance strategies
that may or may not be considered tax evasion. Consistent with Hanlon and Heitzman
(2010), I broadly define CTA as a continuum of tax planning strategies, from perfectly
legal activities (e.g., municipal bond investments) to more aggressive activities that fall
into grey areas.
CTA activities are traditionally considered tax saving tools that transfer wealth
from the state to corporations, thus increasing net cash flows and firm performance (Cook
et al. 2008; Dhaliwal et al. 2004; Wilson 2009). From this point of view, CTA provides
benefits to companies and shareholders. However, the agency theory view of CTA argues
that managers may use opaque CTA to hide rent extraction and work for their own
benefits. The total costs from CTA planning activities, compliance, and non-tax activities
(e.g., agency cost) may exceed the tax benefits from CTA. Therefore, CTA activities may
reduce firm performance.
Slemrod (2004) provides some background information for understanding the
agency theory of CTA. He states that separation of ownership and control in large
publicly held companies causes an agency problem between owners and agents. Unlike
private companies in which owners make decisions on tax reporting, large companies
assign decision making on tax reporting to their agents. Therefore, shareholders in large
companies need to create appropriate compensation packages to match shareholders’
interests with managers’ interests. To encourage managers to choose the value enhancing
tax reporting strategies, companies need to link compensation packages to after-tax
income.
Desai and Dharmapala (2006) examined how high-powered incentives affect CTA.
Their model is based on the agency theory that states that managers who make CTA
decisions also gain personal benefits through rent extraction. Managers make decisions
on CTA and rent extraction at the same time. So, CTA and rent extraction are
complements. The level of CTA may affect the cost of rent extraction for managers. For
instance, managers who make tax sheltering decisions may experience low costs of rent
extraction since complex tax sheltering activities can hide managerial rent extraction.
Desai and Daharmapala (2006) argue that the effect of high-powered incentives on CTA
is dependent on the relationship between CTA and rent extraction. Generally,
highpowered incentives that are related to after-tax profits stimulate managers to conduct
more aggressive CTA and reduce rent extraction. Higher incentive compensation is
helpful in aligning the interests of shareholders and managers and causes managers to be
more willing to create additional firm value through CTA activities. However, the
complementary relationship between CTA and rent extraction may reverse this result.
Particularly, the direct effect of high-powered incentives on CTA (e.g., higher incentive
compensation causes more aggressive CTA) could be offset by the positive feedback
effect between CTA and rent extraction (e.g., a reduction of managerial rent extraction is
accompanied by a reduction in CTA). Desai and Dharmapala (2006) also predict the role
of corporate governance in moderating the relationship between high-powered incentives
and CTA. Companies with poor corporate governance provide more opportunities for
managerial rent extraction than well-governed companies. Therefore, for poorly governed
companies, high-powered incentives are negatively related to CTA since the tendency
toward more aggressive CTA is offset by the positive feedback effect between CTA and
rent extraction (e.g., a reduction in rent extraction and a reduction in CTA exist at the
same time).
In addition, Desai and Dharmapala (2006) argue the extent to which CTA and rent
extraction are complementary may vary in different information environments.
Transparent companies may engage in less aggressive CTA activities than opaque
companies. Furthermore, they suggest CTA may have greater effect on firm value for
transparent companies than opaque companies. In this study, I examine the relationship
between CTA and fraud risk for fraud and non-fraud companies. Fraud companies may
conduct more aggressive CTA activities than non-fraud companies because managers in
fraud companies may use more complex activities to hide rent extraction. Therefore, I
predict that the effect of CTA on fraud risk is greater in magnitude for fraud companies
than for non-fraud companies.
2.1.2 Accounting Fraud and Fraud Risk
Accounting fraud is defined as the deliberate manipulation of financial statements
by a company’s managers to build a distorted financial condition to deceive creditors and
shareholders (Nicholas 2021). Managers can manipulate financial statements by
overstating revenues, understating expenses, or misrepresenting assets and liabilities. The
auditors’ assessment of fraud risk includes the assessment of a client’s incentives,
pressures and opportunities to commit fraud. A prior study examines the positive
relationship between accounting fraud and fraud risk and finds fraud companies exhibit
higher fraud risk (larger difference between financial measures and NFMs) (Brazel et al.
2009). The PCAOB (2004) suggests that auditors combine financial data and NFMs in
detecting accounting fraud. The PCAOB indicates that analytical procedures with only
financial data are not suitable to detect fraud because managers can create false financial
information to reach their objectives. Moreover, Brazel et al. (2009) find that NFMs can
be used to assess fraud risk. They define fraud risk as difference between the financial
and NFMs growth rate.
A prior study provides different methods to identify material misstatements
(Dechow et al. 2011), which are the primary indicators of fraud risk. First, Dechow et al.
(2011) investigates accrual quality related variables, such as working capital accruals and
discretionary accruals. For working capital accruals, they analyze two specific accruals
that impact firm performance (change in receivables and change in inventory) since these
two accounts are related to revenue recognition and cost of goods sold. They find that all
fraud companies have unusually high levels of abnormal accruals and have greater ability
to manipulate short-term earnings. For discretionary accruals, they examine various
models of discretionary accruals developed in prior studies (Dechow et al. 1995; DeFond
and Jiambalvo 1994; Kothari et al. 2005). Dechow et al. (2011) notes that the residuals
from the discretionary accruals have less power to detect earnings manipulation than
working capital accruals. Second, they explore firm performance variables for fraud
companies, including returns on assets and cash sales. They find that returns on assets
(ROA) are generally increasing in fraud companies, suggesting that fraud companies
attempt to increase earnings through manipulation. However, they find that cash sales are
increasing. This could be caused by the increasing capital investments and the expanding
business operations.
Third, Dechow et al. (2011) use NFMs to detect material misstatements. One NFM
is defined as the percentage change in the number of employees minus the percentage
change in total assets. A reduction in employees compared to total assets could indicate
manipulated asset balances. Also, they describe another NFM as the difference between
the percentage change of order backlog and the percentage change of revenues. They find
that the NFM of the abnormal change in the number of employees is helpful in detecting
material misstatements. Finally, they investigate stock and debt market related variables.
They notice that fraud companies more actively raise capital through debt securities than
non-fraud companies during fraud periods. However, for the same fraud companies, they
find that the extent of financing during fraud periods is not significantly different from
early years in the company’s life. Furthermore, they examine price to earnings and market
to book ratios and note that these two ratios are extremely high for fraud companies
relative to non-fraud companies.
2.1.3 Agency Theory
The economic theory of Agency was first developed by Ross (1973) to interpret
and solve problems in the relationship between principals (shareholders) and agents
(managers). Principals have employed agents to operate business on their behalf. There
are many different opinions, priorities and interests between principals and agents
because agents are delegated to make decisions that may financially affect principals.
Principal-agent problems exist when the interests of owners are not aligned with those of
managers. Based on the definition of agency theory, principals provide resources but do
not have daily input in business operations. Agents use the resources to make business
decisions and take little or at least less risk because all losses are shared by principals
(Kopp 2020). Regarding tax avoidance, risk neutral shareholders hire managers to
maximize profits through efficient tax planning tools. But opportunistic managers may
conduct aggressive tax avoidance actions for their own benefits (Desai and Dharmapala
2009) and can utilize opaque CTA activities to mask rent extraction behaviors and
unfavorable information. Rent extraction is defined as non-value maximizing activities
that managers conduct at the expense of shareholders, including aggressive financial
reporting and related-party transactions (Chen et al. 2010). Some CTA activities, such as
seeking offshore tax havens and creating related-party transactions, are complex and easy
for managers to conceal rent extraction (Desai and Dharmapala 2006). One of the
examples of related-party transactions in rent extraction is Enron’s CFO, Andrew Fastow,
creating special purpose entities (SPEs) to transfer resources from Enron to SPEs
(McLean and Elkind, 2003). To generate benefits for themselves, managers can buy
assets at higher prices than the market dictates, pay higher consulting fees, and borrow
money at higher interest rates from SPEs (Chen et al. 2010). Managers in Dynegy
Company overstated operating cash flows by three hundred million dollars by
misclassifying cash flows produced from CTA activities as operating cash flows. Enron
Company’s management inflated its earnings until 2001 by using twelve large tax shelters
to hide its poor performance from operations. Tyco International Company utilized the
complex CTA activities to hide its rent extraction behaviors, resulting in the company’s
stock price crash after rent extraction being disclosed in 2002. Therefore, opportunistic
managers may use CTA strategies to reduce companies’ cash flows and firm performance
and increase managers’ opportunities to commit fraud.
2.1.4 Fraud Risk Triangle Framework
The fraud risk triangle (Cressey 1953) is a framework used by auditors to explain
the characteristics that must be present for a fraud to take place. It includes three
elements: opportunity, incentive, and rationalization that contribute to increasing fraud
risk. Opportunity is described as conditions under which people are more able to commit
fraud. For instance, weak internal control such as lack of separation of duties gives
employees more opportunities to perpetrate fraud. Incentive is defined as employees’
motivation towards committing fraud. Incentive-based compensation and meeting
investors’ expectations may create pressure to conduct fraudulent activities.
Rationalization is represented as employees’ justification for perpetrating fraud.
Managers that feel unfairly treated may commit fraud to get payback. Some CTA
activities such as tax-free municipal bonds investment and employees’ 401(K) and
pension plans are simple and straight forward. But other CTA activities are complicated
and obscure, including contested liability acceleration strategies, cross-border dividend
capture, and intellectual property havens (Graham and Tucker, 2006). Managers can take
advantage of the obscure nature of aggressive CTA to conceal rent extraction. Therefore,
complex CTA creates more opportunities and provides incentives and rationalization for
managers to commit fraud.
2.2 Literature Review
2.2.1 Determinants of CTA
Tax research has drawn significant attention in the last five decades. A number of
studies examine what factors cause companies to engage different tax avoidance
strategies. Some studies indicate that CTA is associated with a number of firm and
executive characteristics. Zimmerman (1983) examines the effect of firm size on effective
tax rate (ETR). Since large companies are subject to more scrutiny, their CTA strategies
are less aggressive than small companies. In addition, Zimmerman (1983) argues that
political cost plays an important role in determining CTA. He finds that firm size is
positively related to effective tax rate. Large companies are less aggressive in engaging
CTA. A prior study finds that firm size is not significantly related to fraud risk (Lawrence
et al. 2011). In this study, I control for firm size when I examine the relationship between
CTA and fraud risk. Gupta and Newberry (1997) explore the relationship between ETR
and firm characteristics other than firm size, such as capital structure, asset mix, and firm
performance. Using longitudinal data covering the Tax
Reform Act of 1986, they find that ETRs are not related to firm size when examining
firms with longer histories. However, their results indicate ETRs are related to capital
structure, asset mix and firm performance. Since prior studies show the mixed results on
the relationship between firm size and CTA, I include firm size as a control variable to
see how firm size affects CTA and fraud risk. Rego (2003) examines the effect of
economies of scale on companies’ tax planning strategies. She finds that companies with
higher profits and more foreign transactions have lower ETRs. Therefore, economies of
scale have significant effect on CTA activities. In short, to illustrate different CTA
strategies adopted by companies, these studies explore research opportunities from firm
characteristics.
Some studies extend the CTA research to incentive compensation, ownership
structure, and organization structure. Phillips et al. (2003) examine the relationship
between incentive compensation (e.g., the link of after-tax profits in CEO and managers’
bonus plan) and CTA activities. Compensation plans that are linked to after-tax profits
motivate CEOs and managers to make aggressive tax avoidance decisions. Phillips et al.
(2003) find that incentive compensation is positively related to CTA activities. Higher
incentive compensation that is linked to after-tax profits causes managers to engage in
more aggressive CTA activities. However, Phillips et al. (2003) don’t find a positive
relationship between compensation plans and after-tax profits for CEOs.
In addition, Desai and Dharmapala (2006) examine how high-powered incentive,
option-based executive compensation, is related to corporate tax sheltering. They suggest
the relationship between incentive compensation and tax sheltering depends on corporate
governance. They argue that managers in poorly governed companies have more
opportunities to conduct rent extraction than those in well-governed companies. For
poorly governed companies, high-powered incentives are negatively related to tax
sheltering because the trend toward aggressive CTA is offset by the positive feedback
between CTA and rent extraction. Therefore, Desai and Dharmapala (2006) note that both
incentive compensation and corporate governance play a significant role in determining
CTA activities.
Furthermore, Armstrong et al. (2010) investigate how the incentives of tax
directors affect tax planning. By using proprietary data with executives’ compensation
information, they examine the relationship between tax directors’ incentives and proxies
for CTA. They find that tax directors’ incentives are strongly and negatively related to
GAAP ETR. However, there is little relationship between tax directors’ incentives and
either cash ETR or book-tax differences. They illustrate that tax directors are motivated to
reduce tax expenses in the financial statements, not to save cash flows.
Unlike Phillips et al. (2003), Desai and Dharmapala (2006), and Armstrong et al.
(2010), Rego and Wilson (2008) examine how tax planning strategies affect executive
compensation. They find that executives are motivated to be aggressive in tax avoidance.
They argue that the positive relationship between tax aggressiveness and executive
compensation indicates efficient contracting, instead of rent extraction. Robinson et al.
(2010) investigate how tax department structure is related to CTA strategies. Corporate
tax departments can be structured as profit centers or cost centers. Robinson et al. (2010)
find that tax departments that are structured as profit centers can more effectively reduce
GAAP ETR, but not cash ETR.
The studies cited above examine how incentive compensation affects CTA from
different perspectives. Incentive compensation may also relate to aggressive financial
reporting. Managers with incentive compensation are motivated to manipulate financial
statements. Based on the fraud triangle concept, managers with incentive compensation
have more incentives to commit fraud. In this study, I include CEOs’ incentive
compensation as one of control variables to explore how incentive compensation affects
CTA and fraud risk.
Chen et al. (2010) examines the role of ownership structure in determining CTA
activities. Particularly, they investigate how the agency issues between dominant
shareholders (family members) and minority shareholders (non-family members) affect
CTA in family-owned businesses. Using multiple proxies to measure tax aggressiveness,
they find that family-owned companies engage in less aggressive CTA activities than
non-family-owned companies. They argue that to avoid non-tax costs from CTA,
familyowned companies are willing to sacrifice the tax benefits by taking less aggressive
CTA activities. Non-tax costs from tax avoidance in family-owned businesses include
potential penalties from the IRS, reputational damage from the public, and a loss of value
from a minority stake. Their results also indicate that family-owned companies care about
nontax costs more than non-family-owned companies. Since family-owned companies
are more concerned about non-tax costs, I expect family-owned companies are more
conservative in financial reporting. Therefore, family-owned companies are less likely to
commit fraudulent financial reporting.
In addition to studies that examine CTA determinants from a company’s
perspective, a number of studies investigate the determinants of CTA from the executive,
audit committee, and board of director’s perspectives. Gaertner (2014) examines the
relationship between the CEOs’ after-tax incentives and CTA. He finds that the use of
after-tax incentives is negatively related to ETRs. After-tax incentives motivate CEOs to
engage in more aggressive CTA. He also finds that CEOs’ cash compensation is
positively related to after-tax incentives. The result suggests that CEOs are rewarded for
engaging in more aggressive CTA. Goldman et al. (2017) investigate how CEOs tenure
affects corporate tax planning. They find that GAAP ETR decreases from the early years
to the later years of CEOs’ tenure and is the lowest during the CEOs’ final year.
However, cash ETR does not change during CEOs’ tenure. Their results indicate that
CEOs are more aggressive in financial reporting of income taxes than in corporate tax
planning and are more aggressive in the final tenure year. In addition, they find that
CEOs reinvest earnings permanently and use discretion for uncertain tax benefits. Liang
(2019) examines the relationship between CEOs’ age and CTA. He finds that CEOs’ age
plays a significant role in determining CTA policies. Particularly, he finds a positive
relationship between CEOs’ age and GAAP and Cash ETRs, and a negative relationship
between CEOs’ age and permanent book-tax differences. The results indicate that older
CEOs are less aggressive in tax avoidance. Older CEOs may also be conservative in
financial reporting. In this study, I add CEOs’ tenure and age to my model to examine the
impact of CEOs’ tenure and age on fraud risk.
Olson and Stekelberg (2016) examine how CEO narcissism affects corporate tax
sheltering. Narcissism is a personality trait that is linked to a feeling of dominance.
Narcissists don’t have moral awareness and are aggressive in chasing their goals. Olson
and Stekelberg (2016) find that CEO narcissism is positively related to tax sheltering.
They also find that CEO narcissism is positively related to uncertain tax benefits and
negatively related to cash ETR. A prior study finds that CEO narcissism is related to
earnings management (Capalbo et al. 2018). Narcissistic CEOs are more likely to
manipulate financial statements by overstating earnings, thus raising fraud risk. Chen et
al. (2019) investigate how CFO’s accounting expertise affects CTA. Accounting expertise
is highly related to CTA since managers use accounting knowledge in determining
taxable income and making adjustments based on book-tax differences in preparing tax
returns. Thus, CFOs’ accounting expertise is helpful in managing income taxes and
accounting for the effect of CTA on financial statements. Chen et al. (2019) find that
CFO’s accounting expertise is negatively related to ETRs. In addition, they find that
CFOs’ abnormal variable compensation is negatively related to ETRs. The results
indicate that CFOs’ accounting expertise and compensation plan play a significant role in
determining CTA activities. CFOs’ accounting expertise is also related to aggressive
financial reporting. CFOs with accounting expertise understand better how to manipulate
financial statements, thus increasing fraud risk.
Lanis and Richardson (2011) examine how the composition of the board of
directors affects tax aggressiveness. They find that the proportion of external members on
the board is negatively related to tax aggressiveness. This result suggests that external
board members are more independent so that they are more likely to prevent tax
aggressiveness through better governance. In addition, Lanis et al. (2017) extends the
research on the composition of the board of directors to investigate the effect of gender
diversity in the board of directors on tax aggressiveness. They find that female
representation on the board is negatively related to tax aggressiveness. The result
indicates that female board members are more risk-averse and more likely to deter tax
aggressiveness through better monitoring. Since female board members are more
riskaverse and conservative than their male counterparts, they are more concerned about
aggressive financial reporting. Female board members are more likely to reduce fraud
risk. In this study, I include female board members as one of control variables.
Robinson et al. (2012) examine the role of the audit committee in advising and
monitoring tax planning strategies. More specifically, they examine the effect of
accounting expertise on the audit committee on CTA. They find that the level of
accounting expertise on the audit committee is negatively related to CTA. The result
suggests that audit committee with accounting expertise may advise and monitor firm tax
planning, thus reducing firm’s aggressive tax avoidance. One prior study, Cohen et al.
(2014), indicates that audit committee accounting expertise is very valuable in detecting
and preventing fraudulent financial reporting.
2.2.2 Consequences of CTA
There are several possible consequences of CTA, which may be direct, such as
increasing a firm’s cash flow and shareholders’ wealth (Cook et al. 2008; Dhaliwal et al.
2004), or indirect, such as affecting a firm’s capital structure (Graham and Tucker, 2006).
One of the direct consequences of CTA is that a firm’s illegal tax activities may be
detected by the IRS or other authorities. Firms and managers may face penalties and
litigation, which may negatively affect a firm’s cash flow, stock price, and reputation. The
literature explaining the consequences of CTA is primarily focused on earnings
management, stock market reaction, firm risk, and accounting and auditing issues.
Prior studies show mixed results on whether CTA increases or decreases firm
earnings. Dhaliwal et al. (2004) examines the effect of tax expenses on earnings
management. They find that firms may manipulate tax planning to reduce ETR in the last
two quarters if pre-tax accruals earnings management does not meet the target. The
results indicate that CTA can be used as a tool to increase earnings. Cook et al. (2008)
investigate how the amount of tax fees paid to auditors is related to the change of ETR in
the last two quarters of the year. Consistent with Dhaliwal et al. (2004), Cook et al.
(2008) find that firms can change tax expenses to manage earnings and that the amount of
tax fees paid to auditors is positively associated with the change in ETR from the third to
the fourth quarter. However, building on the agency theory, Desai and Dharmapala (2009)
argue that CTA may not be positively related to firm value because managers may use
complex CTA for their own benefits. Chen et al. (2010) examines the effect of ownership
structure on CTA and argue that agency costs incurred as a result of CTA may exceed the
benefits, thus decreasing firm performance.
Hanlon and Slemrod (2009) investigate how the stock market reacts to the
announcement of news about companies’ participation in tax sheltering. They find that
stock price is negatively related to the first announcement of companies’ tax sheltering
behavior. They also document that consumer-related companies show a more negative
relationship between stock price and the announcement of tax sheltering. Frischmann et
al. (2008) analyzes how the stock market responds to the implementation of FIN 48,
which is an interpretation of the rules requiring all business entities to disclose the
taxrelated risks. They find that the stock market reacted very little to the passage of the
rule.
However, companies with the first disclosures under the rule show a small positive
return. The results suggest that the stock market’s reaction to the rule depends on
investors’ expectations. If investors anticipate an increase in tax costs, the stock market
responds negatively. In contrast, if investors expect an improvement by implementing
FIN48, the market reacts positively.
Guenther et al. (2017) examine the effect of CTA on firm risk by using several
measures of CTA. They find that CTA is not related to future tax rate volatility or overall
firm risk. The result indicates that companies use consistent strategies in engaging in
CTA, which does not increase firm risk. They also find that the volatility of cash ETR is
negatively related to the volatility of stock price. Companies may use complex CTA
activities to conceal managerial rent extraction, which increases firm risk. Kim et al.
(2011) investigate the relationship between CTA and a stock price crash and find that
CTA increases the risk of stock price crashes at the firm level. The result suggests that
CTA is accompanied by managerial rent extraction. The accumulation of managerial rent
extraction for the long term may cause a stock price to crash. They also find that the
positive relationship between CTA and stock price crash is reduced when companies have
strong governance and monitoring systems.
Aggressive CTA may have accounting and auditing consequences. Managers may
use complex CTA activities to manipulate firm’s earnings, thus reducing financial
reporting quality. Frank et al. (2009) examine the relationship between aggressive tax
reporting and aggressive financial reporting. They find that managers can use the areas of
nonconformity between tax and financial reporting to conduct tax avoidance and earnings
management. Therefore, aggressive CTA is positively related to aggressive financial
reporting. Donohoe and Knechel (2014) examine whether tax aggressiveness affects audit
pricing. Aggressive tax reporting increases auditors’ efforts in tax research and in
performing additional audit procedure. Auditors are exposed to the risk of litigation,
regulation, and reputation loss. Donohoe and Knechel (2014) find a positive relationship
between tax aggressiveness and audit fees.
In sum, the literature on the consequences of CTA examines the effects of CTA on
earnings management, stock market reaction, firm risk, and accounting and auditing
issues. Most of the studies explore the consequences of CTA using financial measures.
Little research explores the consequences of CTA using non-financial measures. In this
study, I extend the literature on consequences of CTA to fraud risk. I use different proxies
to measure fraud risk, including financial, and non-financial measures. Fraud risk is the
auditor’s assessment of their clients’ risk of committing accounting fraud. The level of
fraud risk may or may not be indicative of accounting fraud. The PCAOB suggests that
auditors assess fraud risks that are related to aggressive financial reporting. Therefore,
this study bridges the gap between aggressive financial reporting and accounting fraud.
2.2.3 Using NFMs to Measure Fraud Risk
Prior studies find that financial and nonfinancial measures of firm performance are
highly correlated (Brazel et al. 2009; Dechow et al. 2011). Companies that report an
increase in NFMs will likely exhibit a similar increase in revenues and net income. Some
airline companies use NFMs (such as the number of passengers) to predict financial
numbers such as total revenues and profits (Behn et al, 1999). Along with serving as
leading indicators for future financial performance, NFMs may be useful in detecting
fraudulent financial reporting. The PCAOB (2004) states that NFMs should be used as a
powerful benchmark to evaluate financial statement reliability and to detect fraud in
financial statements and internal control reports. Brazel et al. (2009) report that the
revenue growth rate is greater than the average NFMs growth rate in those companies
that have committed fraud. Specifically, Brazel et al. (2009) define high fraud risk as a
revenue growth rate exceeding NFMs growth rate by 20%. Unlike fraud companies,
nonfraud companies usually have better consistency between financial and nonfinancial
growth rates. Brazel et al. (2019) indicate that audit committee members can reduce fraud
risk by detecting inconsistencies between financial and non-financial measures. Audit
committee members with greater tenure and financial and industrial expertise are more
likely to detect large inconsistencies (fraud risk). Brazel et al. (2019) document that audit
committee members with greater tenure have better background information for
evaluating business operations. Cohen et al. (2014) find that audit committee industry
expertise is very valuable in monitoring external auditors and management in a specific
industry. They use financial restatements and discretionary accruals as two measures for
financial reporting quality. They report that audit committees with accounting and
industry expertise are associated with higher reporting quality than those with only
industry expertise.
2.2.4 The Relationship Between Aggressive Tax Reporting and Aggressive Financial
Reporting
There is mixed evidence on whether tax aggressiveness is positively or negatively
related to financial reporting aggressiveness. Shackelford and Shevlin, (2001) document
the trade-off that companies confront when they make decisions about financial and tax
reporting. Specifically, companies attempting to raise book income in financial
statements may experience higher tax cost when reporting a higher amount of book
income. Similarly, companies attempting to lower taxable income in the tax return may
report lower income in financial statements. Therefore, there is a negative relationship
between aggressive financial reporting and aggressive tax reporting (Ericson et al. 2004;
Lennox et al. 2012). In contrast, other studies find that companies do not always trade-off
financial and taxable income (Hanlon et al. 2012; Phillips et al. 2003). Management may
report different amounts of income to investors and creditors (higher) and the IRS
(lower). Desai (2005) suggests that areas of nonconformity between financial and tax
reporting provide more opportunities for companies to maximize book income in the
financial statements and minimize the taxable income simultaneously. Thus, there is a
strong and positive association between aggressive financial reporting and tax reporting
(Frank et al. 2009). Frank et al. (2009) develops permanent book-tax differences (BTDs)
as a proxy to measure tax reporting aggressiveness. Temporary BTDs represent pre-tax
accruals earnings management (Phillips et al. 2003). Measures of tax aggressiveness with
temporary BTDs may be falsely associated with proxy for aggressive financial reporting
since the relation is driven by pre-tax accruals earnings management, instead of tax
planning. Therefore, permanent book-tax differences are a better proxy for tax
aggressiveness (Frank et al. 2009).
Erickson et al. (2004) argue that companies may intentionally overpay their taxes
in order to validate fraudulent financial income. They choose a sample of accounting
fraud companies to analyze the taxes paid on the overstated earnings. They create a proxy
for accounting fraud from the issuance of Accounting and Auditing Enforcement
Releases (AAER) by the Securities and Exchange Commission (SEC), which describes
the SEC’s actions to enforce fairness in financial statement reporting through civil
litigation and administrative proceedings. The evidence suggests that some companies
overstate their tax obligations to cover the aggressive financial reporting. Furthermore,
Lennox et al. (2012) examine the relationship between tax reporting aggressiveness and
the incidence of accounting fraud and find managers cannot manipulate book income and
taxable income simultaneously. Aligned with Erickson et al. (2004), Lennox et al. (2012)
find that aggressive tax reporting is negatively related to aggressive financial reporting.
To cover up fraudulent financial reporting, companies may purposely overpay taxes. In
addition, Lennox et al. (2012) find that not all proxies (four of five proxies for ETR and
two of three proxies for BTD) for tax reporting aggressiveness are negatively related to
accounting fraud.
2.3 Hypothesis Development
According to the traditional view of wealth transfer, CTA may be used as a tax
saving tool to increase cash flows and create additional values for the firm and its
shareholders. Based on the traditional view, CTA has a positive effect on firm
performance and is not significantly associated with fraud risk. However, the agency
theory view of CTA suggests that aggressive CTA is accompanied by managerial rent
extraction and that managers can hide rent extraction by using various CTA strategies
(Desai and Dharmapala 2006; Chen et al. 2010). In addition, the fraud triangle framework
suggests that some complex CTA strategies may be used as one type of opportunity
(which is one corner of the fraud risk triangle) to commit fraud, as would other types of
opportunities. Therefore, I predict that CTA is positively related to fraud risk. I develop
my hypothesis as the following:
H1: CTA is positively related to fraud risk.
In addition, I examine whether the relationship between CTA and fraud risk is
different for fraud and non-fraud companies. Drawing on fraud risk triangle theory, I
expect that both fraud and non-fraud companies show a positive relationship between
CTA and fraud risk. But for fraud companies, the effect of CTA on fraud risk is greater in
magnitude than for non-fraud companies because managers have more opportunities and
incentives to manipulate financial statements. My second hypothesis is developed as the
following:
H2: The effect of CTA on fraud risk is greater in magnitude for fraud companies than for
non-fraud companies
Chapter 3. Research method
1. Sample Selection
I use a sample of all companies from 2000 to 2017. Similar to Brazel et al. (2009)
and Dechow et al. (2011), I collect revenue related NFMs, such as number of employees
and the amount of order backlogs. Previous research indicates the number of employees
and order backlog are highly associated with revenue and are recorded by most
companies as common NFMs (Brazil et al. 2009; Dechow et al. 2011). The number of
employees and order backlog are collected from Compustat. Financial data such as
revenues, accounts receivable, ETRs, and PBTD are also collected from Compustat.
Auditors’ tenure and audit fees are obtained from the Audit Analytics. Audit committee’s
tenure and chair’s gender are collected from BoardEx. Accounting fraud information is
collected from the SEC website and Lexis-Nexis AAER, a resource that contains the
results of the SEC’s investigation into accounting violations. A single fraud can cause
several AAERs as the SEC challenges and investigates different individuals implicated in
the fraud. I remove non-accounting frauds as they are not related to the research question.
Multivariate Model 1
To test my hypotheses whether CTA is positively or negatively related to fraud
risk, I develop the following regression model:
FRAUDRISK=β0+β1CTA+ β2AuditTenure + β3AuditFees +
β4ChairGender+β5ChairTenure+ β6LnTA+ β7Lev+ β8Loss+ β9ICME+ β10BM +
β11Restate+ β12Big4 + β13PCHGSales+ β14PA+ Year Dummies + Industry Dummies +ε
Dependent Variables
My dependent variable for the model is fraud risk (FRAUDRISK). I measure fraud
risk by using the following three proxies: accrual quality, NFMs, and performance
variables. Percentage change in receivables (PCHGREC), percentage change in inventory
(PCHGINV), and discretionary accrual (DISCACC) are used to measure accrual quality.
PCHGREC is the difference of current year’s accounts receivable and prior year’s
accounts receivable divided by prior year’s accounts receivable. PCHGINV is the
difference of current year’s inventory and prior year’s inventory divided by prior year’s
inventory. PCHGREC and PCHGINV are the two metrics that are closely evaluated by
investors because managers misstate these two accounts to increase revenues and gross
margin. NFMs are measured by two variables: DIFFBSE and DIFFBSO. DIFFBSE is the
difference between the percentage change of revenues and the percentage change of
employees. DIFFBSO is the difference between the percentage change of revenues and
the percentage change of order backlogs. Prior studies find that financial and nonfinancial
measures of firm performance are highly correlated (Brazel et al. 2009; Dechow et al.
2011). Inconsistency between financial and NFM performance indicates fraud risk.
Performance variables are measured by the percentage change of cash sales
(PCHGCASHSALES) and change of return on assets (CHGROA). PCHGCASHSALES
is the difference between the percentage change of total sales and the percentage change
in credit sales. CHGROA is net income divided by total assets minus prior period net
income divided by prior period total assets. The reason why PCHGCASHSALES and
CHGROA are used as proxies for fraud risk is fraud companies may increase sales and
earnings in fraud years. Therefore, I predict that PCHGCASHSALES decreases and
CHGROA increases during fraud periods.
Independent Variables
In this study, I focus on the relationship between CTA and fraud risk. The
independent variable of interest in this study is CTA. My goal is to examine the
relationships between CTA and fraud risk. Similar to Armstrong et al. 2015; Dyreng et al.
2008; and Robinson et al. 2010, I use GAAP ETR, Cash ETR and PBTD as proxies for
CTA. These CTA proxies are used to measure the effects of nonconforming transactions,
which have different impacts on financial and tax reporting (Lennox et al. 2012). Hanlon
and Heitzman (2010) define CTA as a continuum of tax planning activities. Conceptually,
GAAP ETR, Cash ETR and PBTD are connected to the continuum because CTA
strategies that produce PBTD decrease GAAP ETR and Cash ETR and increase book
income.
5
I define GAAP ETR as the ratio of the total tax expenses to the total pretax
5
BTDs and ETRs are relevant since BTDs refer to the difference between financial income and tax income
and ETRs reflect the ratio of taxes to income. In other words, BTDs represent the income effects of CTA
activities whereas ETRs represent the tax effects.
income minus special items for the same periods. I compute Cash ETR as a ratio of the
total cash tax expenses to the total pretax income minus special items. Since lower ETR
indicates high lever CTA, I predict the coefficient for GAAP ETR and Cash ETR to be
negative. PBTD is another proxy for aggressive tax reporting. PBTD is defined as the
total book-tax difference minus temporary book-tax difference, divided by total assets.
Total book-tax difference is equal to pretax income minus taxable income. The temporary
book-tax difference is equal to total deferred tax expense divided by the statutory tax rate.
Since large PBTD indicates a higher level of CTA, I expect the coefficient for PBTD to
be positive.
Next, I control for the characteristics of auditors and audit committee members.
First, I control for the tenure of auditors as an independent variable (AuditTenure) and the
tenure of the audit committee as an independent (ChairTenure). I expect the coefficient
for auditors’ tenure and audit committee tenure to be negative. Second, I control for
auditors’ effort (AuditFees) as the natural logarithm of the total audit fees billed in year t
(DeFond et al. 2005). I predict a negative coefficient for auditors’ effort.
Last, I control for gender of audit committee chair (Chairgender) as an indicator variable
of 1 if the gender of the chair is male and 0 otherwise. I predict a positive coefficient for
gender of audit committee chair since a female chair may be considered more
conservative in monitoring the audit engagement.
I also control for several variables associated with financial reporting quality
(Reichelt et al. 2010). First, I control for company size by using log of market value of
total assets (LnTA) because size is an important predictor of fraud risk (Lawrence et. al.
2011). Since large companies are subject to more strict scrutiny, I expect large companies
are more conservative with financial reporting. I predict a negative coefficient for
company size. Second, I control for financial leverage (Lev), which is measured by total
debts divided by total assets. High leverage value means great financial distress,
increasing fraud risk. I predict a positive coefficient for financial leverage. Third, I
control for operating loss as a dummy variable equal to 1 if there is an operating loss and
0 otherwise. Since companies with operating losses are more aggressive with financial
reporting, I predict a positive coefficient for operating loss. Fourth, I control for internal
control material effectiveness (ICME). The Sarbanes-Oxley Act section 404 (a) requires
the management to maintain an effective internal control system over financial reporting.
An ineffective internal control provides more opportunities for managers to commit
fraudulent financial reporting. Also, an ineffective internal control system represents an
organization environment that does not emphasize the integrity of financial reporting.
Therefore, I predict a negative relationship between internal control effectiveness and
fraud risk. Fifth, I control for operating growth measured by the market value of equity
divided by the book value of equity. Abbott et al. (2004) find that there is a negative
relationship between the growth rate of a company and financial reporting quality
because a growth company is likely to have a less effective internal control system. I
predict a positive coefficient for operating growth. Next, I control for financial
restatement (Restate) as an indicator variable equal to 1 if a financial restatement has
been reported during the last three years and 0 otherwise. I predict a positive coefficient
for financial restatement. Next, I control for sales growth rate (PCHGSALES), which is
defined as the difference between current year’s sales and previous year’s sales divided
by previous year’s sales. Since companies with rapid sales growth are more aggressive in
earnings management, I predict a positive coefficient for sales growth rate. Plant assets
(PA) is calculated as the net value of plant assets divided by total assets.
Multivariate Model 2
To test my hypotheses whether the effect of CTA on fraud risk is greater in
magnitude for fraud companies than for non-fraud companies, I develop the
following regression model:
FRAUDRISK=β0+β1Fraud*CTA+ β2Fraud+ β3CTA+β4AuditTenure + β5AuditFees +
β6ChairGender+β7ChairTenure+ β8LnTA+ β9Lev+ β10Loss+ β11ICME+ β12BM +
β13Restate+ β14Big4 + β15PCHGSales+ β16PA+ Year Dummies + Industry Dummies +ε
In model 2, I use an interaction term, Fraud*CTA, to examine whether CTA is more
significantly related to fraud risk for fraud companies than non-fraud companies. I use
Fraud as an indicator variable equal to 1 if a company is reported as an accounting
violation on the AAER website by the SEC and 0 otherwise. A company is defined as
Fraud when it is disclosed by the SEC for the current year. I don’t consider the pre or post
fraud period in this research. Since fraud companies have more incentives and
opportunities to use complex tax planning strategies to manipulate financial reporting, I
predict a positive coefficient for the interaction term Fraud*CTA. All other variables are
the same as those in model 1.
Chapter 4: Empirical Results
4.1 Descriptive statistics
The sample selection procedures are described in Table 1, Panel A. I searched
the entire Compustat database from 2000 to 2017 and start with 240,683 firm-year
observations. 136,889 firm-year observations are lost because they have either negative
or missing pre-tax income. Another 30,599 firm-year observations are excluded because
they do not have enough data to compute CashETR, GAAP ETR and PBTD. I deleted
25,726 firm-year observations to exclude financial and utility companies. I lost 22,636
firm-year observations when I merge Compustat, with Audit Analytics for auditors’
tenure and fees, and with BoardEx for audit committee chair’s tenure and gender. 449
firm-year observations are lost because they are foreign companies based on the foreign
incorporation code (FIC). I deleted 703 firm-year observations because of outliers for the
key variables. I define outliers as Z-score greater than 3 or less than -3. My final sample
includes 23,681 firm-year observations.
I report the industry distribution of firm-year observations in Table 1, Panel B. I
illustrate industry membership according to the classification scheme in Dechow et al.
(2011). There are 13 industries included in the 23,681 firm-year observations. My sample
is concentrated in the industries of transportation, computers, durable manufactures,
retail, services, and pharmaceuticals, with more than 1,500 or 5% of the firm-year
observations from each industry.
I report the distribution of the key variables of interest (CashETR, GAAPETR,
PBTD, and fraud risk) by industry in Table 2. Companies in the computers and
transportation industries show the lowest CashETR (e.g., <0.23). The agriculture, retail,
and textiles and apparel industries indicate the highest CashETR (e.g., >0.30). Companies
in the computers industries show the lowest GAAPETR (e.g., <0.28). Companies in the
transportation, retail, and service industries indicate the highest GAAPETR (e.g., >0.35).
Companies in the textiles and apparel industries show the lowest PBTD (e.g., <0.025).
Companies in the refining and extractive industries indicate the highest PBTD (e.g.,
>0.08). Companies in the lumber, furniture, and printing industries show the lowest fraud
risk (e.g., PCHGREC and PCHGINV<10%, DISCACC<0.03). The mining and
construction, and pharmaceutical industries exhibit the highest fraud risk (e.g.,
PCHGREC and PCHGINV>16%, DISCACC >0.02). The results of the key variables of
interest are comparable to those in Frank et al. (2009), Chen et al. (2010), and Lennox et
al. (2012).
I report the descriptive statistics for CashETR, GAAPETR, PBTD, fraud risk, and
other control variables in Table 3. The values of mean and median for CashETR are 0.250
and 0.248, respectively. The values of mean and median for GAAP ETR are 0.319 and
0.342, respectively. Both the mean and median values of CashETR and GAAPETR are
similar to those in Chen et al. (2010) and Lennox et al. (2012). The values of mean and
median for PBTD are 0.046 and 0.032, respectively, which are comparable to those in
Frank et al. (2009) and Lennox et al. (2012). The values of mean and median for the
percentage change of accounts receivable are 0.203 and 0.085, respectively. The values of
mean and median for the percentage change of inventory are 0.117 and 0.074,
respectively. The values of mean and median for discretionary accruals are -0.032 and
0.034, respectively, which are consistent with those in Dechow et al. (2011) and Frank et
al. (2009). The mean and median values for the difference between the sales growth rate
and the number of employees growth rate are -0.027 and 0.036, respectively. The values
of mean and median for the percentage of cash sales are 0.107 and 0.070, respectively.
The values of mean and median for the return on assets are 0.085 and 0.069, respectively.
These values are consistent with those reported in Dechow et al. (2011).
Table 3 also includes descriptive statistics for other control variables. The average
annual audit fees for the sample are $2,354,010 with the natural logarithm of
13.87. The average auditor’s tenure for the sample is 23.76 years, which is higher than
auditor’s tenure of 18 years in Brazel et al. (2019). One of the explanations is that my
sample includes longer periods and more variables than those in Brazel et al. (2019). The
average audit committee chair’s tenure is 8.07 years, which is similar to that in Brazel et
al. (2019). 90.92% of audit committee chairs are male. The average annual total assets for
the sample are $5,869 million with the natural logarithm of 6.80. The average percentage
change of sales is 12.60%. The average leverage of the sample is 17.93%. The average
book to market value ratio is 0.473. In addition, around 1.05% of companies report loss
and 80.85% of companies are audited by big four CPA firms. 11.97% of companies report
restatement. The average value for plant assets lagged by total assets is 0.246.
I report the correlations of the key variables in Table 4. GAAPETR, CashETR,
and PBTD are significantly correlated at 0.001 level. More specifically, GAAPETR and
CashETR are positively correlated, and the coefficient of correlation is 0.268. GAAPETR
and CashETR are negatively correlated to PBTD with the coefficient of correlation of -
0.064 and -0.456, respectively. The negative correlations indicate that GAAPETR,
CashETR and PBTD measure CTA from different perspectives of tax avoidance
strategies, which I explain in section 3.2. In addition, the proxies of fraud risk are
significantly correlated. PCHGREC is positively correlated to PCHGINV, DISCACC,
PCHGCASHSALES, and CHGROA with the coefficients of correlation of 0.197, 0.124,
0.156, and 0.129, respectively. However, NFM for fraud risk is not significantly
correlated to other financial measures. The main reason is that most companies do not
disclose the amount of order backlog in their financial statements.
Furthermore, Table 4 shows that the percentage change of accounts receivable is
negatively correlated to CashETR, and positively correlated to GAAPETR and PBTD
with the coefficient of correlation of -0.026, 0.007, and 0.04, respectively, indicating
higher level of CTA increases fraud risk. The percentage change of inventory is also
negatively correlated to CashETR, and positively correlated to GAAPETR and PBTD
with the coefficient of correlation of -0.052, 0.004, and 0.053, respectively. Discretionary
accrual is negatively correlated to GAAPETR and PBTD, and positively correlated to
CashETR. The percentage of cash sales is positively correlated to GAAPETR and PBTD,
and negatively correlated to CashETR with the coefficient of correlation of 0.075, 0.039,
and -0.048, respectively, suggesting high percentage of cash sales decreases fraud risk.
Return on assets is negatively correlated to GAAPETR, and positively correlated to
CashETR and PBTD with the coefficient of correlation of -0.096, 0.038, and 0.196,
respectively. The difference between percentage change of sales and percentage change
of employee’s headcount is negatively correlated to CashETR, and positively correlated
to GAAPETR and PBTD with the coefficient of correlation of -0.012, 0.024, and 0.003,
respectively. These correlations suggest that the proxies of CTA are positively correlated
to the proxies of fraud risk.
4. 2 Empirical Results
Table 5 describes the estimates of the relationship between CTA and fraud risk. In
panel A, dependent variable is percentage change of accounts receivable (PCHGREC). In
models 1A to 1C, CTA proxies are NEGCASHETR, NEGGAAPETR and PBTD,
respectively. In panel B, dependent variable is percentage change of inventory
(PCHGINV). In models 1D to 1F, CTA proxies are NEGCASHETR, NEGGAAPETR
and PBTD, respectively. In panel C, dependent variable is discretionary accruals
(DISCACC). In models 1G to 1I, CTA proxies are NEGCASHETR, NEGGAAPETR and
PBTD, respectively. For the remaining tables, I explain the detailed information in the
notes of the tables.
In my regression analysis, I use seven proxies to capture fraud risk from three
perspectives: percentage change of accounts receivable (PCHGREC), percentage change
of inventory (PCHGINV), and discretionary accrual from accrual quality variables
(DISCACC), percentage of cash sales (PCHGCASHSALES) and change of return on
assets (CHGROA) from performance variables, and difference between sales growth rate
and employee growth rate from NFM (DIFFBSE). To interpret the results consistently, I
use the converted effective tax rate to capture CTA in the regression analysis.
Specifically, I multiply effective tax rates by -1 (e.g. NEGCASHETR= - CashETR and
NEGGAAPETR = - GAAPETR) so that the large values of NEGCASHETR,
NEGGAAPETR and PBTD represent higher level of tax avoidance. I control for firm
characteristics, auditors, and audit committee chair in all my models.
In all my models, I find that generally higher levels of tax avoidance are
significantly related to higher fraud risk. In model 1A, where fraud risk is measured by
percentage change in accounts receivable (PCHGREC), the coefficient of
NEGCASHETR indicates that assuming everything else remains constant, a one percent
increase in NEGCASHETR implies a 0.232 percent increase in percentage change in
accounts receivable. This result supports hypothesis 1 such that CTA is positively related
to fraud risk. According to agency theory, a higher level of CTA provides more
opportunities for managers to conduct rent extraction. The coefficient of the natural
logarithm of audit fees (Lnauditfees) describes that a one percent increase in Lnauditfees
suggests a 0.104 decrease in percentage change of accounts receivable. This is consistent
with Brazel et al. (2019) that finds an increase in auditor efforts reduce fraud risk because
auditors understand their client’s business better and can apply more appropriate audit
procedures to alleviate fraud risk. The coefficient of auditor tenure indicates that one
percent increase in auditor tenure implies a 0.001 percent increase in percentage change
of accounts receivable. This is aligned with the results from Brazel et al. (2019) that state
long auditor-client relationships help auditors understand the nature of client’s business
and industry that may affect the risk of business operation and the risk of fraudulent
financial reporting. Auditors may use the knowledge of these risks to determine the
appropriate audit procedures. Therefore, long auditor tenure increases audit quality and
reduces fraud risk. Similar to the coefficient of auditor tenure, the coefficient (-0.007) of
audit committee chair’s tenure suggests that longer audit committee chair’s tenure
decreases fraud risk because audit committee chair with long tenure can better understand
client’s business and internal control so that they can oversee the entire audit engagement.
The coefficient of audit committee chair’s gender indicates that male audit committee
chair increases fraud risk. This is consistent with the literature on gender diversity
because my results support that female chairs are more conservative and better at
monitoring audit engagement.
The coefficient of natural log value of total assets suggests that a one percent
increase in log value of total assets is associated with a 0.043 percent increase in
percentage change in accounts receivable. This result indicates that large companies have
more complex transactions and managers may use those transactions to conduct rent
extraction, thus increasing fraud risk. The coefficient of percentage of sales growth rate
shows that a one percent increase in percentage of sales growth rate is associated with a
0.747 percent increase in percentage change in accounts receivable. This is consistent
with the literature that high growth companies are more likely to commit accounting
fraud. The coefficient for percentage of plant assets and the coefficient for big four CPA
firms do not show significant results. The coefficient of leverage shows an insignificant
relationship between leverage and percentage change in accounts receivable.
In model 1B, the coefficient of NEGGAAPETR suggests that a one percent
increase in NEGGAAPETR is associated with 0.420 percent increase in percentage
change in accounts receivable. All other variables in model 2 have the same signs as
those in model 1 and are statistically significant. In model 1C, the coefficient (0.017) of
permanent book-tax difference (PBTD) indicates that CTA is positively and significantly
related to fraud risk. All other variables have the expected signs and are statistically
significant.
In models 1D to 1F, 1G to 1I, and 1J to 1L, I examine the relationship between
CTA and percentage change in inventory, the relationship between CTA and discretionary
accrual, and the relationship between CTA and return on assets, respectively. These
results are consistent with those in models 1 to 3. I find that CTA is positively related to
fraud risk and other control variables.
In models 1M to 1O, fraud risk is measured by percentage of cash sales. According
to Dechow et al. (2011), percentage of cash sales is negatively related to fraud risk
because managers may use accruals management for accrual-based sales such as credit
sales. The coefficient of NEGCASHETR suggests that a one percent increase in
NEGCASHETR is associated with 0.080 percent increase in percentage of cash sales,
indicating a negative relationship between CTA and fraud risk. One of the explanations is
that some companies front-load earnings and make unusual transitions later, thus
increasing cash sales. Another explanation is that managers may overpay taxes to cover
their fraudulent financial reporting. Therefore, CashETR is negatively related to
percentage change in cash sales.
In models 1P to 1R, I use the difference between sales growth rate and employee
growth rate to measure fraud risk (DIFFBSE). Consistent with Brazel et al. (2009), I
define LargeRisk as an indicator variable equal to 1 if DIFFBSE is greater than 20% and
0 otherwise. In model 16, the coefficient (1.507) of CTA indicates that a higher level of
CTA is more likely to relate to large fraud risk. This result is significant with Z value of
3.85. Specifically, a one percent increase in CTA is associated with 1.507 increase in
log(P/1-P). If log(P/1-P) increases by 1.507. That means that P/(1-P) increases by exp
(1.507) =4.51. This is a 351% increase in the odds of increasing fraud risk (assuming all
other variables remain constant). In models 17 and 18, the coefficients of CTA show a
significant relationship between CTA and LargeRisk as well.
In models 2A to 2F, I examine whether the effect of CTA on fraud risk is greater in
magnitude for fraud companies than for non-fraud companies. The coefficients of the
interaction term, Fraud*CTA, in all models do not show a significantly difference
between fraud companies and non-fraud companies. Specifically, in model 2A, the
proxies for fraud risk and CTA are PCHGREC and NEGCASHETR, respectively. The
coefficient and t-stat for the interaction term are 0.149 and 0.26, respectively. In model
2B, the proxies for fraud risk and CTA are PCHGREC and NEGGAAPETR, respectively.
The coefficient and t-stat for the interaction term are 0.163 and 0.34, respectively. In
model 2C, the proxies for fraud risk and CTA are PCHGREC and PBTD, respectively.
The coefficient and t-stat for the interaction term are 0.19 and 0.51, respectively. In
models 2D to 2F, the proxy for fraud risk is PCHGINV. The coefficient and t-stat show
insignificant relationship between the interaction term and fraud risk as well. Therefore,
my results do not support hypotheses 2. One of the explanations is that some fraud
companies are not more aggressive in tax reporting when they are aggressive in financial
reporting. They may overpay taxes to cover up their fraudulent financial reporting.
Overall, my results support hypothesis 1, indicating that CTA is positively related
to fraud risk. Generally, I find CTA is positively and significantly related to fraud risk
when financial variables are used to measure fraud risk. In addition, my results show a
significant relationship between CTA and fraud risk when I use NFM proxies to measure
fraud risk. Similar to Brazel et al. (2009), I define large fraud risk (LargeRisk) as an
indicator variable equal to 1 and o otherwise if the difference between financial and
nonfinancial performance is greater than 20%. I find that all three CTA proxies are
significantly related to LargeRisk. The results from above are consistent with agency
theory in CTA such that opportunistic managers may use complex CTA strategies to
conduct managerial rent extraction, thus increasing fraud risk. However, I do not find a
significantly different effect of CTA on fraud risk between fraud and non-fraud
companies when I test hypotheses 2. According to the findings at Erickson et al. (2004),
some fraud companies may overpay taxes to cover up their fraudulent financial reporting.
They may worry about the potential penalties from the IRS, reputational damage from the
public, and some other costs associated with aggressive tax avoidance. Therefore, they
are less aggressive in tax reporting when they are more aggressive in financial reporting.
4.3 Supplemental Analysis: Using Fraud risk to Predict Fraud
From the above results, I find that higher level of CTA is related to higher fraud
risk. In this part, I analyze whether fraud risk proxies can be used to predict fraud.
According to the fraud triangle theory, managers in higher fraud risk companies have
more incentives and opportunities to commit accounting fraud. Prior studies find that
fraud companies are associated with higher fraud risk when different proxies are used to
measure fraud risk. Brazel et al. (2009) find that fraud companies have larger difference
between financial and non-financial performance. Dechow et al. (1996) note that fraud
companies are more likely to have a weak corporate governance system. Bell and
Carcello (2000) find that weak internal control system increases the fraud risk. Therefore,
I predict that fraud risk proxies in this study can be used to predict accounting fraud.
To examine whether fraud risk can predict actual fraud, I use financial variables to
measure fraud risk. I select the same number of non-fraud companies based on SIC and
size to match fraud companies. My sample includes 292 fraud companies listed on AAER
website from 2000 to 2017 and 292 non-fraud companies. I collect fraud companies from
the current year that the SEC disclose the violations. I do not consider the pre or post
fraud periods in this study. I use logistic regression to test whether fraud risk is associated
with fraud. My dependent variable is FRAUD, a dummy variable. The value of 1 is for
fraud companies and 0 otherwise. Independent variable is fraud risk. I also include some
control variables that are associated with accounting fraud. For instance, I control for
internal control material effectiveness (ICME). The Sarbanes-Oxley Act section 404 (a)
requires the management to maintain an effective internal control system over financial
reporting. An ineffective internal control provides more opportunities for managers to
commit fraudulent financial reporting. Also, an ineffective internal control system
represents an organization environment that does not emphasize the integrity of financial
reporting. Therefore, I predict a positive relationship between internal control
effectiveness and accounting fraud. Also, I control for financial restatement (Restate) as
an indicator variable equal to 1 if a financial restatement has been reported during the last
three years and 0 otherwise. I predict a positive coefficient for financial restatement.
Next, I control for sales growth rate (PCHGSALES), which is defined as the difference
between current year’s sales and previous year’s sales divided by previous year’s sales.
Since companies with rapid sales growth are more aggressive in earnings management, I
predict a positive coefficient for sales growth rate.
In model 3A, I examine the relationship between discretionary accrual and
fraud. The coefficient of percentage change in accounts receivable (PCHGREC) suggests
that a one percent increase in PCHGREC is associated with 15.90 increase in odds ratio,
indicating a very strong association between PCHGREC and accounting fraud. In model
3B, I examine the relationship between discretionary accruals (DISCACC) and fraud. The
coefficient of DISCACC indicates that a one percent increase in DISCACC is associated
with 8.82 increase in odds ratio. In model 3C, I examine the relationship between
percentage change of cash sales (PCHGCASHSALES) and fraud. The coefficient shows
that one percent of increase in PCHGCASHSALES is associated with
0.063 decrease in odds ratio, indicating a negative association between
PCHGCASHSALES and fraud. In model 3D, I examine the relationship between
percentage change of soft assets (PCHGSOFTASSET) and fraud. The coefficient shows
that one percent of increase in PCHGSOFTASSET is associated with 1.53 increase in
odds ratio. Therefore, fraud risk can successfully predict accounting fraud. The results
indicate that higher level of tax avoidance may increase regulators and external auditors’
attention since higher level of tax avoidance could be considered a red flag for accounting
fraud.
Chapter 5: Discussion
Prior studies provide mixed evidence on whether tax avoidance is positively or
negatively related to aggressive financial reporting. Some studies state that CTA is
positively related to aggressive financial reporting because managers may use the areas of
nonconformity between tax reporting and financial reporting to increase book income and
decrease tax income simultaneously. Other studies argue that managers could not control
book income and tax income in the opposite directions without being perceived by
external auditors and the IRS. In addition, some study finds that managers may
intentionally overpay taxes to cover up their aggressive financial reporting. Therefore,
there is a negative relationship between CTA and aggressive financial reporting. In this
study, I extend the research on CTA by exploring the relationship between CTA and fraud
risk because very small number of fraud companies are disclosed by the SEC on AAER’s
website and fraud risk is easier to measure for all companies. Also, I examine the
relationship between fraud risk and fraud to see if fraud risk can be used to predict fraud.
This study bridges the gap between CTA and accounting fraud through fraud risk. I
measure fraud risk from different perspectives: accrual quality, financial performance,
and NFMs.
The relationship between CTA and fraud risk
In hypothesis 1, I predict that there is a positive relationship between CTA and
fraud risk. According to the agency theory and fraud triangle concept, opportunistic
managers may use complex tax avoidance strategies to conduct rent extraction, thus
increasing fraud risk. I use different proxies to measure fraud risk. Dechow et al. (2011)
note that actual accruals are more powerful than discretionary accrual in predicting
material misstatement. Therefore, I use both the abnormal accrual and the actual accruals
to test the relationship between CTA and fraud risk. My results from discretionary
accruals are consistent with those from actual accruals. Discretionary accruals are
positively and significantly related to PBTD and negatively and significantly related to
GAAPETR and CashETR, indicating that CTA is positively related to fraud risk. In
addition, CTA is positively and significantly related to percentage change of accounts
receivable and percentage change of inventory. Furthermore, CTA is also positively and
significantly related to performance variables (e.g. percentage change of cash sales and
return on assets).
In addition, I use the difference between financial and non-financial performance
to measure fraud risk. Similar to Brazel et al. (2009), I define large fraud risk (LargeRisk)
as an indicator variable equal to 1 and 0 otherwise if the difference between financial and
non-financial performance is greater than 20%. I find that NECASHETR,
NEGGAAPETR, and PBTD are significantly related to LargeRisk. My results show a
significant relationship between CTA and fraud risk when I use NFM proxies to measure
fraud risk.
Fraud and non-fraud companies
In hypothesis 2, I predict that for both fraud and non-fraud companies, CTA is
positively related to fraud risk. However, I predict that the effect of CTA on fraud risk for
fraud companies will be greater in magnitude than for non-fraud companies because
according to agency theory and fraud triangle theory, fraud companies have more
incentives and opportunities to manipulate financial statements. I use FRAUD as an
indicator variable to separate fraud and non-fraud companies. I use the interaction term,
CTA*Fraud, to catch the effect of CTA on fraud risk for fraud companies and non-fraud
companies. The coefficients of the interaction term in all models do not show a
significant difference between fraud and non-fraud companies. My results do not support
hypothesis 2 such that the effect of CTA on fraud risk is greater in magnitude for fraud
companies than for non-fraud companies. According to the fraud triangle theory and
agency theory, fraud companies should have more incentives and opportunities to use
complex tax planning strategies to commit accounting fraud. However, some fraud
companies may overpay taxes to cover up their fraudulent financial reporting. The
positive relationship between CTA and fraud risk may be offset by the intentionally
overpaid tax. My findings in hypotheses 2 suggest that agency theory and intentionally
overpaid taxes both exist in corporate tax avoidance.
Implications for research
This study has several contributions to the literature exploring CTA, fraud risk,
and accounting fraud. First, while prior studies provide mixed evidence on whether CTA
is positively or negatively associated with aggressive financial reporting, this study
examines the relationship between CTA and fraud risk and the relationship between fraud
risk and accounting fraud. To my knowledge, this study is the first one to examine the
relationship between CTA and fraud risk. While few accounting frauds are disclosed by
the SEC, fraud risk can be assessed for all companies. Also, fraud risk can be used to
predict accounting fraud. Therefore, this study bridges the gap between CTA and
accounting fraud through fraud risk. Second, while prior studies use financial data to
assess aggressive financial reporting, this study evaluates fraud risk by using accrual
quality, performance variables, and NFMs, which provide different perspectives for
auditors and regulators to assess the effect of CTA on fraud risk. Third, this study
contributes to the literature on agency problems related to CTA. Little is known about
whether the relationship between CTA and fraud risk is different for fraud and non-fraud
companies. Agency theory and fraud triangle theory indicate that fraud companies have
more incentives and opportunities to commit fraud. However, managers may overpay
taxes to conceal fraudulent financial reporting. Therefore, higher level of CTA should be
considered a warning light for fraudulent financial reporting.
Implications for practice
This study is also meaningful to practitioners. My findings suggest that regulators
and external auditors should assess fraud risk from different perspectives. Higher fraud
risk can be used to predict accounting fraud. In addition, higher levels of CTA should
draw more attention from regulators and external auditors since a high level of CTA is
positively related to high fraud risk, which could be an indicator for actual accounting
fraud.
Limitations
Even though this study provides some insight into the relationships among CTA,
fraud risk, and accounting fraud to researchers and practitioners, it still has several
limitations. First, CTA and fraud risk are measured by various proxies, which may not
catch all of the features of CTA and fraud risk. Also, CTA is defined as a continuum of
tax avoidance strategies. It is difficult to separate CTA strategies into different levels.
Future study should examine the relationship between the specific tax avoidance
strategies such as tax shelter and the accounting fraud. Second, this study investigates the
relationship between CTA and fraud risk for publicly traded companies. The results may
not be generalized to private companies since private companies may have different
considerations when they conduct CTA. Third, CashETR, GAAPETR and PBTD are used
to measure the non-conformity between book and tax income. Future research should
consider different proxies to measure the conformity between book and tax income for
tax planning strategies. Third, only two NFM variables (number of employees and order
backlog) are collected from Compustat. Many companies do not disclose their NFM
information. The two NFM variables may not be able to measure fraud risk for all
companies. Different industries have different NFMs. Future studies should use more
NFM variables from each industry to measure fraud risk. Finally, the sample size for
fraud companies and non-fraud companies are imbalanced. I match non-fraud companies
to fraud companies based on SIC and size. Future studies may use some other techniques
to solve the issues of the data imbalance.
General conclusions
While prior studies provide mixed results on whether CTA is positively or
negatively related to aggressive financial reporting, I extend the literature on the
consequences of CTA by examining the relationship between CTA and fraud risk. Using
different proxies for CTA and fraud risk, I find that CTA is positively related to fraud risk.
However, I do not find a significantly different effect of CTA on fraud risk between fraud
and non-fraud companies. Fraud companies may be less aggressive in tax reporting when
they are more aggressive in financial reporting. Fraud companies may overpay taxes to
conceal their fraudulent financial reporting. Furthermore, my results indicate that fraud
risk proxies can be used to predict actual accounting fraud. Therefore, higher level of
CTA could be considered a red flag for fraudulent financial reporting.
Corporate Tax Avoidance and Fraud Risk
Chapter 1: Introduction
There are no universal definitions of tax avoidance or tax aggressiveness in the
accounting research literature (Hanlon and Heitzman 2010; Frank et al. 2009). Rego
(2003) describes tax avoidance as the application of legal methods to minimize the
amount of tax owed to the government. Frank et al. (2009) characterizes tax
aggressiveness as the manipulation of taxable income through tax avoidance strategies
that may or may not be considered tax evasion. Similar to Hanlon and Heitzman (2010), I
define corporate tax avoidance (CTA) as a continuum of tax planning strategies, from
perfectly legal activities (e.g., municipal bond investments) to more aggressive activities
(e.g., abusive tax shelter) that may fall into grey areas.
Corporate taxes are compulsory contributions collected from firms by the
government and represent a significant cost to companies and shareholders. Before the
Tax Cuts and Jobs Act of 2017 (TCJA), companies could contribute more than one-third
of pre-tax income to the government (Chen at al. 2010). Therefore, CTA may be desired
for shareholders because, based on traditional view of wealth transfer, CTA increases
cash flow to companies and provides additional value to shareholders (Cook et al. 2008;
Dhaliwal et al. 2004). However, the agency theory view of aggressive CTA suggests that
managers may use complex CTA strategies for their own benefits at the expense of
shareholders, including aggressive financial reporting and related party transactions
(Chen et al. 2010; Desai and Dharmapala 2009). The relationship between tax avoidance
and aggressive financial reporting has been well explored (Desai and Dharmapala 2009;
Erickson et al. 2004; Frank et al. 2009; Lennox et al. 2012). However, few researchers
have explored the relationship between tax avoidance and fraud risk
6
. Audit standard
2401 requires audit procedures should be performed to assess fraud risks relative to
aggressive financial reporting (PCAOB AS2401). In addition, prior studies find that tax
avoidance is associated with accounting fraud (Erickson et al. 2004; Lennox et al. 2012).
Prior studies use the sample of accounting fraud firms
7
that were caught and formally
charged by the SEC. In this study, I examine the relationship between tax avoidance and
fraud risk. Unlike accounting fraud, fraud risk can be assessed for all companies.
Accounting fraud (fraudulent financial reporting) is defined as the deliberate
manipulation of financial statements by company’s managers to build a distorted picture
of financial condition, results of operation, and cash flow to deceive creditors and
shareholders (Nicholas 2021). Managers can manipulate financial statements by
overstating revenues or understating expenses, and misrepresenting assets and liabilities.
Fraud risk is defined as the auditors’ assessment of client’s incentives, pressures, and
opportunities to commit fraud. Brazel et al. (2009) examine the relationship between
6
In this study, fraud refers to accounting fraud and fraud risk refers to the risk that the entity will commit
accounting fraud.
7
Similar to Dechow et al. (2011) and Lennox et al. (2012), I define fraud companies as those committing
accounting fraud on the AAER list.
accounting fraud and fraud risk and find that companies that are committing fraud exhibit
higher levels of fraud risk.
In this study, I explore the relationship between CTA and fraud risk. Prior studies
find that aggressive tax avoidance is associated with accounting fraud (Erickson et al.
2004; Lennox et al. 2012). I use various measures to assess fraud risk, including accrual
quality, performance variables, and non-financial measures (NFMs) (Dechow et al.
2011). Dechow et al. (2011) find that fraud companies show unusually high accruals in
fraud years. NFMs are additional proxies I use to measure fraud risk. The PCAOB (2004)
notes that analytical procedures with financial information are not sufficient in detecting
fraud due to managers’ manipulation of financial statements and suggests financial and
NFMs be combined in detecting accounting fraud. Brazel et al. (2009) find that fraud
companies show larger difference between financial and NFMs than non-fraud
companies, suggesting that NFMs can be used to assess fraud risk. Market incentives are
focused on financing from debt securities (Dechow et al. 1995). Dechow et al. (2011)
argue that fraud companies raise more capital through debt securities in fraud years than
non-fraud companies.
Prior studies also provide arguments and evidence on how tax aggressiveness
8
is
related to aggressive financial reporting (Frank et al. 2009; Lennox et al. 2012). Some
studies argue that there is a strong and positive relationship between CTA and aggressive
financial reporting (Desai 2005; Desai and Dharmapala 2006; Frank et al. 2009).
8
Frank et al. (2009) define tax aggressiveness as aggressive tax avoidance, which may be legal or illegal.
According to this view, managers may report different amounts of income to the public
(higher) and the IRS (lower) (Desai 2005; Hanlon et al. 2012). Desai (2005) and Frank et
al. (2009) suggest that areas of nonconformity between financial and tax reporting
provide more opportunities for companies to maximize book income in the financial
statements and minimize the taxable income simultaneously. However, Erickson et al.
(2004) find that aggressive financial reporting is negatively related to tax aggressiveness
because companies intentionally overpaid their taxes in order to validate the fraudulent
financial income. The evidence indicates that some companies overstate their tax
obligations to cover the aggressive accounting reporting. Similar to Erickson et al.
(2004), Lennox et al. (2012) argue that companies could not manipulate taxable income
and book income in the opposite directions without being noticed by external auditors
and the IRS. Lennox et al. (2012) examine the relationship between tax reporting
aggressiveness and accounting fraud and find that companies engaging in aggressive tax
reporting are less likely to commit accounting fraud. However, I expect that CTA is
positively related to fraud risk since the agency theory view of CTA suggests that
managers can exploit financial information to conceal rent extraction
9
by applying
various tax strategies (Desai 2005; Desai and Dharmapala 2006). According to the fraud
risk triangle framework, fraud risk is greater when managers have more opportunities to
manipulate financial statements. Therefore, I predict there is a positive relationship
between CTA and fraud risk.
9
Rent extraction refers to managers’ effort to increase their own wealth without creating additional values
for firms and shareholders.
Furthermore, I examine whether the relationship between aggressive CTA and
fraud risk, is different for fraud and non-fraud companies. Specifically, I explore whether
fraud companies really overpay taxes to conceal their frauds (Erickson et al. 2004).
Drawing on fraud triangle framework, I expect that both fraud and non-fraud companies
show a positive relationship between aggressive CTA and fraud risk. However, I expect
that the magnitude of the effect of aggressive CTA on assessed fraud risk is greater for
fraud companies than for non-fraud companies because managers that commit fraud have
more opportunities and incentives to manipulate financial statements, and they have more
justifications for their fraud behaviors.
This study investigates the relationship between CTA and fraud risk using a sample
spanning the 2000-2017 timeframe. Similar to Armstrong et al. 2015; Dyreng et al. 2008;
and Robinson et al. 2010, I use the GAAP effective tax rate (GAAPETR), the Cash
effective tax rate (CashETR) and permanent book tax difference (PBTD) to measure
CTA. Lower ETR and higher PBTD indicate more aggressive CTA. Fraud risk is
measured from perspectives that include accrual quality, performance variables, and
NFMs. I examine accrual quality by using changes in receivables and inventory because
these two accruals are related to revenue recognition and cost of goods sold that affect
gross profit. Financial data are collected from Compustat. Similar to Brazel et al. (2009)
and Dechow et al. (2011), I collect revenue related NFMs, such as the number of
employees and the amount of order backlogs from Compustat. I calculate the average
change in NFMs and subtract the change in NFMs from change in sales or total assets to
determine abnormal changes in NFMs. Consistent with Brazel et al. (2009), I define
abnormal changes in NFMs of more than 20% as high fraud risk. Then I use ordinary
least square (OLS) regression to test whether CTA is positively or negatively related to
fraud risk.
Generally, I find that CTA is positively related to fraud risk when I use financial and
non-financial variables to measure fraud risk. My results are consistent with fraud
triangle theory and agency theory such that complex tax planning strategies provide more
opportunities for managers to conduct rent extraction. However, I do not find a
significant difference between fraud and non-fraud companies. Due to the considerations
of potential penalties from the IRS, reputational damage from the public, and other costs
associated with CTA, fraud companies may overpay taxes to cover up their manipulation
of financial reporting.
This study contributes to the CTA and fraud risk literature in several ways. First,
while prior studies provide competing arguments regarding whether CTA is positively or
negatively associated with financial reporting aggressiveness, I conduct an empirical
analysis to explore the relationship between CTA and fraud risk. I find that CTA is
positively related to fraud risk because managers may use complex CTA activities to
conduct rent extraction. Auditors and regulators should focus on aggressive CTA since it
may indicate higher fraud risk. Second, this study contributes to the literature relating to
fraud risk. I use accrual quality, performance variables, and NFMs to measure fraud risk.
Managers, auditors, and regulators may evaluate the effect of CTA on fraud risk from
different perspectives. Third, this study contributes to the literature on agency problems
related to CTA. Little is known about whether the relationship between CTA and fraud
risk is different for fraud and non-fraud companies. Fraud companies may incur higher
agency costs than non-fraud companies. Finally, this study provides real-world tools for
business and regulators. Aggressive CTA may be considered a red flag for fraudulent
financial reporting since a higher level of CTA is positively related to higher fraud risk.
The remainder of the paper is organized as follows. In section II, I present the
conceptual framework, literature review and hypothesis development. In section III, I
discuss the research method and data collection. In section IV, I present the research
results. In section V, I discuss the contributions, limitations, and future research
opportunities.
Chapter 2. Literature Review
2.1 Conceptual Framework
2.1.1 Corporate Tax Avoidance (CTA)
According to the key terms on the Internal Revenue Service (IRS) website, tax
avoidance is defined as a perfectly legal method to reduce tax liability and increase
aftertax income. Taxpayers are allowed to use deductions and adjustments to reduce
taxable income and credits to reduce tax liability owed to the government. However, tax
research provides various definitions of corporate tax avoidance and tax aggressiveness
(Hanlon and Heitzman 2010; Frank et al. 2009). Rego (2003) defines tax avoidance as a
legal application to minimize taxes owed to the government. Frank et al. (2009) describes
tax aggressiveness as manipulation of taxable income through tax avoidance strategies
that may or may not be considered tax evasion. Consistent with Hanlon and Heitzman
(2010), I broadly define CTA as a continuum of tax planning strategies, from perfectly
legal activities (e.g., municipal bond investments) to more aggressive activities that fall
into grey areas.
CTA activities are traditionally considered tax saving tools that transfer wealth
from the state to corporations, thus increasing net cash flows and firm performance (Cook
et al. 2008; Dhaliwal et al. 2004; Wilson 2009). From this point of view, CTA provides
benefits to companies and shareholders. However, the agency theory view of CTA argues
that managers may use opaque CTA to hide rent extraction and work for their own
benefits. The total costs from CTA planning activities, compliance, and non-tax activities
(e.g., agency cost) may exceed the tax benefits from CTA. Therefore, CTA activities may
reduce firm performance.
Slemrod (2004) provides some background information for understanding the
agency theory of CTA. He states that separation of ownership and control in large
publicly held companies causes an agency problem between owners and agents. Unlike
private companies in which owners make decisions on tax reporting, large companies
assign decision making on tax reporting to their agents. Therefore, shareholders in large
companies need to create appropriate compensation packages to match shareholders’
interests with managers’ interests. To encourage managers to choose the value enhancing
tax reporting strategies, companies need to link compensation packages to after-tax
income.
Desai and Dharmapala (2006) examined how high-powered incentives affect CTA.
Their model is based on the agency theory that states that managers who make CTA
decisions also gain personal benefits through rent extraction. Managers make decisions
on CTA and rent extraction at the same time. So, CTA and rent extraction are
complements. The level of CTA may affect the cost of rent extraction for managers. For
instance, managers who make tax sheltering decisions may experience low costs of rent
extraction since complex tax sheltering activities can hide managerial rent extraction.
Desai and Daharmapala (2006) argue that the effect of high-powered incentives on CTA
is dependent on the relationship between CTA and rent extraction. Generally,
highpowered incentives that are related to after-tax profits stimulate managers to conduct
more aggressive CTA and reduce rent extraction. Higher incentive compensation is
helpful in aligning the interests of shareholders and managers and causes managers to be
more willing to create additional firm value through CTA activities. However, the
complementary relationship between CTA and rent extraction may reverse this result.
Particularly, the direct effect of high-powered incentives on CTA (e.g., higher incentive
compensation causes more aggressive CTA) could be offset by the positive feedback
effect between CTA and rent extraction (e.g., a reduction of managerial rent extraction is
accompanied by a reduction in CTA). Desai and Dharmapala (2006) also predict the role
of corporate governance in moderating the relationship between high-powered incentives
and CTA. Companies with poor corporate governance provide more opportunities for
managerial rent extraction than well-governed companies. Therefore, for poorly governed
companies, high-powered incentives are negatively related to CTA since the tendency
toward more aggressive CTA is offset by the positive feedback effect between CTA and
rent extraction (e.g., a reduction in rent extraction and a reduction in CTA exist at the
same time).
In addition, Desai and Dharmapala (2006) argue the extent to which CTA and rent
extraction are complementary may vary in different information environments.
Transparent companies may engage in less aggressive CTA activities than opaque
companies. Furthermore, they suggest CTA may have greater effect on firm value for
transparent companies than opaque companies. In this study, I examine the relationship
between CTA and fraud risk for fraud and non-fraud companies. Fraud companies may
conduct more aggressive CTA activities than non-fraud companies because managers in
fraud companies may use more complex activities to hide rent extraction. Therefore, I
predict that the effect of CTA on fraud risk is greater in magnitude for fraud companies
than for non-fraud companies.
2.1.2 Accounting Fraud and Fraud Risk
Accounting fraud is defined as the deliberate manipulation of financial statements
by a company’s managers to build a distorted financial condition to deceive creditors and
shareholders (Nicholas 2021). Managers can manipulate financial statements by
overstating revenues, understating expenses, or misrepresenting assets and liabilities. The
auditors’ assessment of fraud risk includes the assessment of a client’s incentives,
pressures and opportunities to commit fraud. A prior study examines the positive
relationship between accounting fraud and fraud risk and finds fraud companies exhibit
higher fraud risk (larger difference between financial measures and NFMs) (Brazel et al.
2009). The PCAOB (2004) suggests that auditors combine financial data and NFMs in
detecting accounting fraud. The PCAOB indicates that analytical procedures with only
financial data are not suitable to detect fraud because managers can create false financial
information to reach their objectives. Moreover, Brazel et al. (2009) find that NFMs can
be used to assess fraud risk. They define fraud risk as difference between the financial
and NFMs growth rate.
A prior study provides different methods to identify material misstatements
(Dechow et al. 2011), which are the primary indicators of fraud risk. First, Dechow et al.
(2011) investigates accrual quality related variables, such as working capital accruals and
discretionary accruals. For working capital accruals, they analyze two specific accruals
that impact firm performance (change in receivables and change in inventory) since these
two accounts are related to revenue recognition and cost of goods sold. They find that all
fraud companies have unusually high levels of abnormal accruals and have greater ability
to manipulate short-term earnings. For discretionary accruals, they examine various
models of discretionary accruals developed in prior studies (Dechow et al. 1995; DeFond
and Jiambalvo 1994; Kothari et al. 2005). Dechow et al. (2011) notes that the residuals
from the discretionary accruals have less power to detect earnings manipulation than
working capital accruals. Second, they explore firm performance variables for fraud
companies, including returns on assets and cash sales. They find that returns on assets
(ROA) are generally increasing in fraud companies, suggesting that fraud companies
attempt to increase earnings through manipulation. However, they find that cash sales are
increasing. This could be caused by the increasing capital investments and the expanding
business operations.
Third, Dechow et al. (2011) use NFMs to detect material misstatements. One NFM
is defined as the percentage change in the number of employees minus the percentage
change in total assets. A reduction in employees compared to total assets could indicate
manipulated asset balances. Also, they describe another NFM as the difference between
the percentage change of order backlog and the percentage change of revenues. They find
that the NFM of the abnormal change in the number of employees is helpful in detecting
material misstatements. Finally, they investigate stock and debt market related variables.
They notice that fraud companies more actively raise capital through debt securities than
non-fraud companies during fraud periods. However, for the same fraud companies, they
find that the extent of financing during fraud periods is not significantly different from
early years in the company’s life. Furthermore, they examine price to earnings and market
to book ratios and note that these two ratios are extremely high for fraud companies
relative to non-fraud companies.
2.1.3 Agency Theory
The economic theory of Agency was first developed by Ross (1973) to interpret
and solve problems in the relationship between principals (shareholders) and agents
(managers). Principals have employed agents to operate business on their behalf. There
are many different opinions, priorities and interests between principals and agents
because agents are delegated to make decisions that may financially affect principals.
Principal-agent problems exist when the interests of owners are not aligned with those of
managers. Based on the definition of agency theory, principals provide resources but do
not have daily input in business operations. Agents use the resources to make business
decisions and take little or at least less risk because all losses are shared by principals
(Kopp 2020). Regarding tax avoidance, risk neutral shareholders hire managers to
maximize profits through efficient tax planning tools. But opportunistic managers may
conduct aggressive tax avoidance actions for their own benefits (Desai and Dharmapala
2009) and can utilize opaque CTA activities to mask rent extraction behaviors and
unfavorable information. Rent extraction is defined as non-value maximizing activities
that managers conduct at the expense of shareholders, including aggressive financial
reporting and related-party transactions (Chen et al. 2010). Some CTA activities, such as
seeking offshore tax havens and creating related-party transactions, are complex and easy
for managers to conceal rent extraction (Desai and Dharmapala 2006). One of the
examples of related-party transactions in rent extraction is Enron’s CFO, Andrew Fastow,
creating special purpose entities (SPEs) to transfer resources from Enron to SPEs
(McLean and Elkind, 2003). To generate benefits for themselves, managers can buy
assets at higher prices than the market dictates, pay higher consulting fees, and borrow
money at higher interest rates from SPEs (Chen et al. 2010). Managers in Dynegy
Company overstated operating cash flows by three hundred million dollars by
misclassifying cash flows produced from CTA activities as operating cash flows. Enron
Company’s management inflated its earnings until 2001 by using twelve large tax shelters
to hide its poor performance from operations. Tyco International Company utilized the
complex CTA activities to hide its rent extraction behaviors, resulting in the company’s
stock price crash after rent extraction being disclosed in 2002. Therefore, opportunistic
managers may use CTA strategies to reduce companies’ cash flows and firm performance
and increase managers’ opportunities to commit fraud.
2.1.4 Fraud Risk Triangle Framework
The fraud risk triangle (Cressey 1953) is a framework used by auditors to explain
the characteristics that must be present for a fraud to take place. It includes three
elements: opportunity, incentive, and rationalization that contribute to increasing fraud
risk. Opportunity is described as conditions under which people are more able to commit
fraud. For instance, weak internal control such as lack of separation of duties gives
employees more opportunities to perpetrate fraud. Incentive is defined as employees’
motivation towards committing fraud. Incentive-based compensation and meeting
investors’ expectations may create pressure to conduct fraudulent activities.
Rationalization is represented as employees’ justification for perpetrating fraud.
Managers that feel unfairly treated may commit fraud to get payback. Some CTA
activities such as tax-free municipal bonds investment and employees’ 401(K) and
pension plans are simple and straight forward. But other CTA activities are complicated
and obscure, including contested liability acceleration strategies, cross-border dividend
capture, and intellectual property havens (Graham and Tucker, 2006). Managers can take
advantage of the obscure nature of aggressive CTA to conceal rent extraction. Therefore,
complex CTA creates more opportunities and provides incentives and rationalization for
managers to commit fraud.
2.2 Literature Review
2.2.1 Determinants of CTA
Tax research has drawn significant attention in the last five decades. A number of
studies examine what factors cause companies to engage different tax avoidance
strategies. Some studies indicate that CTA is associated with a number of firm and
executive characteristics. Zimmerman (1983) examines the effect of firm size on effective
tax rate (ETR). Since large companies are subject to more scrutiny, their CTA strategies
are less aggressive than small companies. In addition, Zimmerman (1983) argues that
political cost plays an important role in determining CTA. He finds that firm size is
positively related to effective tax rate. Large companies are less aggressive in engaging
CTA. A prior study finds that firm size is not significantly related to fraud risk (Lawrence
et al. 2011). In this study, I control for firm size when I examine the relationship between
CTA and fraud risk. Gupta and Newberry (1997) explore the relationship between ETR
and firm characteristics other than firm size, such as capital structure, asset mix, and firm
performance. Using longitudinal data covering the Tax
Reform Act of 1986, they find that ETRs are not related to firm size when examining
firms with longer histories. However, their results indicate ETRs are related to capital
structure, asset mix and firm performance. Since prior studies show the mixed results on
the relationship between firm size and CTA, I include firm size as a control variable to
see how firm size affects CTA and fraud risk. Rego (2003) examines the effect of
economies of scale on companies’ tax planning strategies. She finds that companies with
higher profits and more foreign transactions have lower ETRs. Therefore, economies of
scale have significant effect on CTA activities. In short, to illustrate different CTA
strategies adopted by companies, these studies explore research opportunities from firm
characteristics.
Some studies extend the CTA research to incentive compensation, ownership
structure, and organization structure. Phillips et al. (2003) examine the relationship
between incentive compensation (e.g., the link of after-tax profits in CEO and managers’
bonus plan) and CTA activities. Compensation plans that are linked to after-tax profits
motivate CEOs and managers to make aggressive tax avoidance decisions. Phillips et al.
(2003) find that incentive compensation is positively related to CTA activities. Higher
incentive compensation that is linked to after-tax profits causes managers to engage in
more aggressive CTA activities. However, Phillips et al. (2003) don’t find a positive
relationship between compensation plans and after-tax profits for CEOs.
In addition, Desai and Dharmapala (2006) examine how high-powered incentive,
option-based executive compensation, is related to corporate tax sheltering. They suggest
the relationship between incentive compensation and tax sheltering depends on corporate
governance. They argue that managers in poorly governed companies have more
opportunities to conduct rent extraction than those in well-governed companies. For
poorly governed companies, high-powered incentives are negatively related to tax
sheltering because the trend toward aggressive CTA is offset by the positive feedback
between CTA and rent extraction. Therefore, Desai and Dharmapala (2006) note that both
incentive compensation and corporate governance play a significant role in determining
CTA activities.
Furthermore, Armstrong et al. (2010) investigate how the incentives of tax
directors affect tax planning. By using proprietary data with executives’ compensation
information, they examine the relationship between tax directors’ incentives and proxies
for CTA. They find that tax directors’ incentives are strongly and negatively related to
GAAP ETR. However, there is little relationship between tax directors’ incentives and
either cash ETR or book-tax differences. They illustrate that tax directors are motivated to
reduce tax expenses in the financial statements, not to save cash flows.
Unlike Phillips et al. (2003), Desai and Dharmapala (2006), and Armstrong et al.
(2010), Rego and Wilson (2008) examine how tax planning strategies affect executive
compensation. They find that executives are motivated to be aggressive in tax avoidance.
They argue that the positive relationship between tax aggressiveness and executive
compensation indicates efficient contracting, instead of rent extraction. Robinson et al.
(2010) investigate how tax department structure is related to CTA strategies. Corporate
tax departments can be structured as profit centers or cost centers. Robinson et al. (2010)
find that tax departments that are structured as profit centers can more effectively reduce
GAAP ETR, but not cash ETR.
The studies cited above examine how incentive compensation affects CTA from
different perspectives. Incentive compensation may also relate to aggressive financial
reporting. Managers with incentive compensation are motivated to manipulate financial
statements. Based on the fraud triangle concept, managers with incentive compensation
have more incentives to commit fraud. In this study, I include CEOs’ incentive
compensation as one of control variables to explore how incentive compensation affects
CTA and fraud risk.
Chen et al. (2010) examines the role of ownership structure in determining CTA
activities. Particularly, they investigate how the agency issues between dominant
shareholders (family members) and minority shareholders (non-family members) affect
CTA in family-owned businesses. Using multiple proxies to measure tax aggressiveness,
they find that family-owned companies engage in less aggressive CTA activities than
non-family-owned companies. They argue that to avoid non-tax costs from CTA,
familyowned companies are willing to sacrifice the tax benefits by taking less aggressive
CTA activities. Non-tax costs from tax avoidance in family-owned businesses include
potential penalties from the IRS, reputational damage from the public, and a loss of value
from a minority stake. Their results also indicate that family-owned companies care about
nontax costs more than non-family-owned companies. Since family-owned companies
are more concerned about non-tax costs, I expect family-owned companies are more
conservative in financial reporting. Therefore, family-owned companies are less likely to
commit fraudulent financial reporting.
In addition to studies that examine CTA determinants from a company’s
perspective, a number of studies investigate the determinants of CTA from the executive,
audit committee, and board of director’s perspectives. Gaertner (2014) examines the
relationship between the CEOs’ after-tax incentives and CTA. He finds that the use of
after-tax incentives is negatively related to ETRs. After-tax incentives motivate CEOs to
engage in more aggressive CTA. He also finds that CEOs’ cash compensation is
positively related to after-tax incentives. The result suggests that CEOs are rewarded for
engaging in more aggressive CTA. Goldman et al. (2017) investigate how CEOs tenure
affects corporate tax planning. They find that GAAP ETR decreases from the early years
to the later years of CEOs’ tenure and is the lowest during the CEOs’ final year.
However, cash ETR does not change during CEOs’ tenure. Their results indicate that
CEOs are more aggressive in financial reporting of income taxes than in corporate tax
planning and are more aggressive in the final tenure year. In addition, they find that
CEOs reinvest earnings permanently and use discretion for uncertain tax benefits. Liang
(2019) examines the relationship between CEOs’ age and CTA. He finds that CEOs’ age
plays a significant role in determining CTA policies. Particularly, he finds a positive
relationship between CEOs’ age and GAAP and Cash ETRs, and a negative relationship
between CEOs’ age and permanent book-tax differences. The results indicate that older
CEOs are less aggressive in tax avoidance. Older CEOs may also be conservative in
financial reporting. In this study, I add CEOs’ tenure and age to my model to examine the
impact of CEOs’ tenure and age on fraud risk.
Olson and Stekelberg (2016) examine how CEO narcissism affects corporate tax
sheltering. Narcissism is a personality trait that is linked to a feeling of dominance.
Narcissists don’t have moral awareness and are aggressive in chasing their goals. Olson
and Stekelberg (2016) find that CEO narcissism is positively related to tax sheltering.
They also find that CEO narcissism is positively related to uncertain tax benefits and
negatively related to cash ETR. A prior study finds that CEO narcissism is related to
earnings management (Capalbo et al. 2018). Narcissistic CEOs are more likely to
manipulate financial statements by overstating earnings, thus raising fraud risk. Chen et
al. (2019) investigate how CFO’s accounting expertise affects CTA. Accounting expertise
is highly related to CTA since managers use accounting knowledge in determining
taxable income and making adjustments based on book-tax differences in preparing tax
returns. Thus, CFOs’ accounting expertise is helpful in managing income taxes and
accounting for the effect of CTA on financial statements. Chen et al. (2019) find that
CFO’s accounting expertise is negatively related to ETRs. In addition, they find that
CFOs’ abnormal variable compensation is negatively related to ETRs. The results
indicate that CFOs’ accounting expertise and compensation plan play a significant role in
determining CTA activities. CFOs’ accounting expertise is also related to aggressive
financial reporting. CFOs with accounting expertise understand better how to manipulate
financial statements, thus increasing fraud risk.
Lanis and Richardson (2011) examine how the composition of the board of
directors affects tax aggressiveness. They find that the proportion of external members on
the board is negatively related to tax aggressiveness. This result suggests that external
board members are more independent so that they are more likely to prevent tax
aggressiveness through better governance. In addition, Lanis et al. (2017) extends the
research on the composition of the board of directors to investigate the effect of gender
diversity in the board of directors on tax aggressiveness. They find that female
representation on the board is negatively related to tax aggressiveness. The result
indicates that female board members are more risk-averse and more likely to deter tax
aggressiveness through better monitoring. Since female board members are more
riskaverse and conservative than their male counterparts, they are more concerned about
aggressive financial reporting. Female board members are more likely to reduce fraud
risk. In this study, I include female board members as one of control variables.
Robinson et al. (2012) examine the role of the audit committee in advising and
monitoring tax planning strategies. More specifically, they examine the effect of
accounting expertise on the audit committee on CTA. They find that the level of
accounting expertise on the audit committee is negatively related to CTA. The result
suggests that audit committee with accounting expertise may advise and monitor firm tax
planning, thus reducing firm’s aggressive tax avoidance. One prior study, Cohen et al.
(2014), indicates that audit committee accounting expertise is very valuable in detecting
and preventing fraudulent financial reporting.
2.2.2 Consequences of CTA
There are several possible consequences of CTA, which may be direct, such as
increasing a firm’s cash flow and shareholders’ wealth (Cook et al. 2008; Dhaliwal et al.
2004), or indirect, such as affecting a firm’s capital structure (Graham and Tucker, 2006).
One of the direct consequences of CTA is that a firm’s illegal tax activities may be
detected by the IRS or other authorities. Firms and managers may face penalties and
litigation, which may negatively affect a firm’s cash flow, stock price, and reputation. The
literature explaining the consequences of CTA is primarily focused on earnings
management, stock market reaction, firm risk, and accounting and auditing issues.
Prior studies show mixed results on whether CTA increases or decreases firm
earnings. Dhaliwal et al. (2004) examines the effect of tax expenses on earnings
management. They find that firms may manipulate tax planning to reduce ETR in the last
two quarters if pre-tax accruals earnings management does not meet the target. The
results indicate that CTA can be used as a tool to increase earnings. Cook et al. (2008)
investigate how the amount of tax fees paid to auditors is related to the change of ETR in
the last two quarters of the year. Consistent with Dhaliwal et al. (2004), Cook et al.
(2008) find that firms can change tax expenses to manage earnings and that the amount of
tax fees paid to auditors is positively associated with the change in ETR from the third to
the fourth quarter. However, building on the agency theory, Desai and Dharmapala (2009)
argue that CTA may not be positively related to firm value because managers may use
complex CTA for their own benefits. Chen et al. (2010) examines the effect of ownership
structure on CTA and argue that agency costs incurred as a result of CTA may exceed the
benefits, thus decreasing firm performance.
Hanlon and Slemrod (2009) investigate how the stock market reacts to the
announcement of news about companies’ participation in tax sheltering. They find that
stock price is negatively related to the first announcement of companies’ tax sheltering
behavior. They also document that consumer-related companies show a more negative
relationship between stock price and the announcement of tax sheltering. Frischmann et
al. (2008) analyzes how the stock market responds to the implementation of FIN 48,
which is an interpretation of the rules requiring all business entities to disclose the
taxrelated risks. They find that the stock market reacted very little to the passage of the
rule.
However, companies with the first disclosures under the rule show a small positive
return. The results suggest that the stock market’s reaction to the rule depends on
investors’ expectations. If investors anticipate an increase in tax costs, the stock market
responds negatively. In contrast, if investors expect an improvement by implementing
FIN48, the market reacts positively.
Guenther et al. (2017) examine the effect of CTA on firm risk by using several
measures of CTA. They find that CTA is not related to future tax rate volatility or overall
firm risk. The result indicates that companies use consistent strategies in engaging in
CTA, which does not increase firm risk. They also find that the volatility of cash ETR is
negatively related to the volatility of stock price. Companies may use complex CTA
activities to conceal managerial rent extraction, which increases firm risk. Kim et al.
(2011) investigate the relationship between CTA and a stock price crash and find that
CTA increases the risk of stock price crashes at the firm level. The result suggests that
CTA is accompanied by managerial rent extraction. The accumulation of managerial rent
extraction for the long term may cause a stock price to crash. They also find that the
positive relationship between CTA and stock price crash is reduced when companies have
strong governance and monitoring systems.
Aggressive CTA may have accounting and auditing consequences. Managers may
use complex CTA activities to manipulate firm’s earnings, thus reducing financial
reporting quality. Frank et al. (2009) examine the relationship between aggressive tax
reporting and aggressive financial reporting. They find that managers can use the areas of
nonconformity between tax and financial reporting to conduct tax avoidance and earnings
management. Therefore, aggressive CTA is positively related to aggressive financial
reporting. Donohoe and Knechel (2014) examine whether tax aggressiveness affects audit
pricing. Aggressive tax reporting increases auditors’ efforts in tax research and in
performing additional audit procedure. Auditors are exposed to the risk of litigation,
regulation, and reputation loss. Donohoe and Knechel (2014) find a positive relationship
between tax aggressiveness and audit fees.
In sum, the literature on the consequences of CTA examines the effects of CTA on
earnings management, stock market reaction, firm risk, and accounting and auditing
issues. Most of the studies explore the consequences of CTA using financial measures.
Little research explores the consequences of CTA using non-financial measures. In this
study, I extend the literature on consequences of CTA to fraud risk. I use different proxies
to measure fraud risk, including financial, and non-financial measures. Fraud risk is the
auditor’s assessment of their clients’ risk of committing accounting fraud. The level of
fraud risk may or may not be indicative of accounting fraud. The PCAOB suggests that
auditors assess fraud risks that are related to aggressive financial reporting. Therefore,
this study bridges the gap between aggressive financial reporting and accounting fraud.
2.2.3 Using NFMs to Measure Fraud Risk
Prior studies find that financial and nonfinancial measures of firm performance are
highly correlated (Brazel et al. 2009; Dechow et al. 2011). Companies that report an
increase in NFMs will likely exhibit a similar increase in revenues and net income. Some
airline companies use NFMs (such as the number of passengers) to predict financial
numbers such as total revenues and profits (Behn et al, 1999). Along with serving as
leading indicators for future financial performance, NFMs may be useful in detecting
fraudulent financial reporting. The PCAOB (2004) states that NFMs should be used as a
powerful benchmark to evaluate financial statement reliability and to detect fraud in
financial statements and internal control reports. Brazel et al. (2009) report that the
revenue growth rate is greater than the average NFMs growth rate in those companies
that have committed fraud. Specifically, Brazel et al. (2009) define high fraud risk as a
revenue growth rate exceeding NFMs growth rate by 20%. Unlike fraud companies,
nonfraud companies usually have better consistency between financial and nonfinancial
growth rates. Brazel et al. (2019) indicate that audit committee members can reduce fraud
risk by detecting inconsistencies between financial and non-financial measures. Audit
committee members with greater tenure and financial and industrial expertise are more
likely to detect large inconsistencies (fraud risk). Brazel et al. (2019) document that audit
committee members with greater tenure have better background information for
evaluating business operations. Cohen et al. (2014) find that audit committee industry
expertise is very valuable in monitoring external auditors and management in a specific
industry. They use financial restatements and discretionary accruals as two measures for
financial reporting quality. They report that audit committees with accounting and
industry expertise are associated with higher reporting quality than those with only
industry expertise.
2.2.4 The Relationship Between Aggressive Tax Reporting and Aggressive Financial
Reporting
There is mixed evidence on whether tax aggressiveness is positively or negatively
related to financial reporting aggressiveness. Shackelford and Shevlin, (2001) document
the trade-off that companies confront when they make decisions about financial and tax
reporting. Specifically, companies attempting to raise book income in financial
statements may experience higher tax cost when reporting a higher amount of book
income. Similarly, companies attempting to lower taxable income in the tax return may
report lower income in financial statements. Therefore, there is a negative relationship
between aggressive financial reporting and aggressive tax reporting (Ericson et al. 2004;
Lennox et al. 2012). In contrast, other studies find that companies do not always trade-off
financial and taxable income (Hanlon et al. 2012; Phillips et al. 2003). Management may
report different amounts of income to investors and creditors (higher) and the IRS
(lower). Desai (2005) suggests that areas of nonconformity between financial and tax
reporting provide more opportunities for companies to maximize book income in the
financial statements and minimize the taxable income simultaneously. Thus, there is a
strong and positive association between aggressive financial reporting and tax reporting
(Frank et al. 2009). Frank et al. (2009) develops permanent book-tax differences (BTDs)
as a proxy to measure tax reporting aggressiveness. Temporary BTDs represent pre-tax
accruals earnings management (Phillips et al. 2003). Measures of tax aggressiveness with
temporary BTDs may be falsely associated with proxy for aggressive financial reporting
since the relation is driven by pre-tax accruals earnings management, instead of tax
planning. Therefore, permanent book-tax differences are a better proxy for tax
aggressiveness (Frank et al. 2009).
Erickson et al. (2004) argue that companies may intentionally overpay their taxes
in order to validate fraudulent financial income. They choose a sample of accounting
fraud companies to analyze the taxes paid on the overstated earnings. They create a proxy
for accounting fraud from the issuance of Accounting and Auditing Enforcement
Releases (AAER) by the Securities and Exchange Commission (SEC), which describes
the SEC’s actions to enforce fairness in financial statement reporting through civil
litigation and administrative proceedings. The evidence suggests that some companies
overstate their tax obligations to cover the aggressive financial reporting. Furthermore,
Lennox et al. (2012) examine the relationship between tax reporting aggressiveness and
the incidence of accounting fraud and find managers cannot manipulate book income and
taxable income simultaneously. Aligned with Erickson et al. (2004), Lennox et al. (2012)
find that aggressive tax reporting is negatively related to aggressive financial reporting.
To cover up fraudulent financial reporting, companies may purposely overpay taxes. In
addition, Lennox et al. (2012) find that not all proxies (four of five proxies for ETR and
two of three proxies for BTD) for tax reporting aggressiveness are negatively related to
accounting fraud.
2.3 Hypothesis Development
According to the traditional view of wealth transfer, CTA may be used as a tax
saving tool to increase cash flows and create additional values for the firm and its
shareholders. Based on the traditional view, CTA has a positive effect on firm
performance and is not significantly associated with fraud risk. However, the agency
theory view of CTA suggests that aggressive CTA is accompanied by managerial rent
extraction and that managers can hide rent extraction by using various CTA strategies
(Desai and Dharmapala 2006; Chen et al. 2010). In addition, the fraud triangle framework
suggests that some complex CTA strategies may be used as one type of opportunity
(which is one corner of the fraud risk triangle) to commit fraud, as would other types of
opportunities. Therefore, I predict that CTA is positively related to fraud risk. I develop
my hypothesis as the following:
H1: CTA is positively related to fraud risk.
In addition, I examine whether the relationship between CTA and fraud risk is
different for fraud and non-fraud companies. Drawing on fraud risk triangle theory, I
expect that both fraud and non-fraud companies show a positive relationship between
CTA and fraud risk. But for fraud companies, the effect of CTA on fraud risk is greater in
magnitude than for non-fraud companies because managers have more opportunities and
incentives to manipulate financial statements. My second hypothesis is developed as the
following:
H2: The effect of CTA on fraud risk is greater in magnitude for fraud companies than for
non-fraud companies
Chapter 3. Research method
1. Sample Selection
I use a sample of all companies from 2000 to 2017. Similar to Brazel et al. (2009)
and Dechow et al. (2011), I collect revenue related NFMs, such as number of employees
and the amount of order backlogs. Previous research indicates the number of employees
and order backlog are highly associated with revenue and are recorded by most
companies as common NFMs (Brazil et al. 2009; Dechow et al. 2011). The number of
employees and order backlog are collected from Compustat. Financial data such as
revenues, accounts receivable, ETRs, and PBTD are also collected from Compustat.
Auditors’ tenure and audit fees are obtained from the Audit Analytics. Audit committee’s
tenure and chair’s gender are collected from BoardEx. Accounting fraud information is
collected from the SEC website and Lexis-Nexis AAER, a resource that contains the
results of the SEC’s investigation into accounting violations. A single fraud can cause
several AAERs as the SEC challenges and investigates different individuals implicated in
the fraud. I remove non-accounting frauds as they are not related to the research question.
Multivariate Model 1
To test my hypotheses whether CTA is positively or negatively related to fraud
risk, I develop the following regression model:
FRAUDRISK=β0+β1CTA+ β2AuditTenure + β3AuditFees +
β4ChairGender+β5ChairTenure+ β6LnTA+ β7Lev+ β8Loss+ β9ICME+ β10BM +
β11Restate+ β12Big4 + β13PCHGSales+ β14PA+ Year Dummies + Industry Dummies +ε
Dependent Variables
My dependent variable for the model is fraud risk (FRAUDRISK). I measure fraud
risk by using the following three proxies: accrual quality, NFMs, and performance
variables. Percentage change in receivables (PCHGREC), percentage change in inventory
(PCHGINV), and discretionary accrual (DISCACC) are used to measure accrual quality.
PCHGREC is the difference of current year’s accounts receivable and prior year’s
accounts receivable divided by prior year’s accounts receivable. PCHGINV is the
difference of current year’s inventory and prior year’s inventory divided by prior year’s
inventory. PCHGREC and PCHGINV are the two metrics that are closely evaluated by
investors because managers misstate these two accounts to increase revenues and gross
margin. NFMs are measured by two variables: DIFFBSE and DIFFBSO. DIFFBSE is the
difference between the percentage change of revenues and the percentage change of
employees. DIFFBSO is the difference between the percentage change of revenues and
the percentage change of order backlogs. Prior studies find that financial and nonfinancial
measures of firm performance are highly correlated (Brazel et al. 2009; Dechow et al.
2011). Inconsistency between financial and NFM performance indicates fraud risk.
Performance variables are measured by the percentage change of cash sales
(PCHGCASHSALES) and change of return on assets (CHGROA). PCHGCASHSALES
is the difference between the percentage change of total sales and the percentage change
in credit sales. CHGROA is net income divided by total assets minus prior period net
income divided by prior period total assets. The reason why PCHGCASHSALES and
CHGROA are used as proxies for fraud risk is fraud companies may increase sales and
earnings in fraud years. Therefore, I predict that PCHGCASHSALES decreases and
CHGROA increases during fraud periods.
Independent Variables
In this study, I focus on the relationship between CTA and fraud risk. The
independent variable of interest in this study is CTA. My goal is to examine the
relationships between CTA and fraud risk. Similar to Armstrong et al. 2015; Dyreng et al.
2008; and Robinson et al. 2010, I use GAAP ETR, Cash ETR and PBTD as proxies for
CTA. These CTA proxies are used to measure the effects of nonconforming transactions,
which have different impacts on financial and tax reporting (Lennox et al. 2012). Hanlon
and Heitzman (2010) define CTA as a continuum of tax planning activities. Conceptually,
GAAP ETR, Cash ETR and PBTD are connected to the continuum because CTA
strategies that produce PBTD decrease GAAP ETR and Cash ETR and increase book
income.
10
I define GAAP ETR as the ratio of the total tax expenses to the total pretax
income minus special items for the same periods. I compute Cash ETR as a ratio of the
total cash tax expenses to the total pretax income minus special items. Since lower ETR
indicates high lever CTA, I predict the coefficient for GAAP ETR and Cash ETR to be
negative. PBTD is another proxy for aggressive tax reporting. PBTD is defined as the
total book-tax difference minus temporary book-tax difference, divided by total assets.
Total book-tax difference is equal to pretax income minus taxable income. The temporary
book-tax difference is equal to total deferred tax expense divided by the statutory tax rate.
Since large PBTD indicates a higher level of CTA, I expect the coefficient for PBTD to
be positive.
Next, I control for the characteristics of auditors and audit committee members.
First, I control for the tenure of auditors as an independent variable (AuditTenure) and the
tenure of the audit committee as an independent (ChairTenure). I expect the coefficient
for auditors’ tenure and audit committee tenure to be negative. Second, I control for
auditors’ effort (AuditFees) as the natural logarithm of the total audit fees billed in year t
(DeFond et al. 2005). I predict a negative coefficient for auditors’ effort.
10
BTDs and ETRs are relevant since BTDs refer to the difference between financial income and tax income
and ETRs reflect the ratio of taxes to income. In other words, BTDs represent the income effects of CTA
activities whereas ETRs represent the tax effects.
Last, I control for gender of audit committee chair (Chairgender) as an indicator variable
of 1 if the gender of the chair is male and 0 otherwise. I predict a positive coefficient for
gender of audit committee chair since a female chair may be considered more
conservative in monitoring the audit engagement.
I also control for several variables associated with financial reporting quality
(Reichelt et al. 2010). First, I control for company size by using log of market value of
total assets (LnTA) because size is an important predictor of fraud risk (Lawrence et. al.
2011). Since large companies are subject to more strict scrutiny, I expect large companies
are more conservative with financial reporting. I predict a negative coefficient for
company size. Second, I control for financial leverage (Lev), which is measured by total
debts divided by total assets. High leverage value means great financial distress,
increasing fraud risk. I predict a positive coefficient for financial leverage. Third, I
control for operating loss as a dummy variable equal to 1 if there is an operating loss and
0 otherwise. Since companies with operating losses are more aggressive with financial
reporting, I predict a positive coefficient for operating loss. Fourth, I control for internal
control material effectiveness (ICME). The Sarbanes-Oxley Act section 404 (a) requires
the management to maintain an effective internal control system over financial reporting.
An ineffective internal control provides more opportunities for managers to commit
fraudulent financial reporting. Also, an ineffective internal control system represents an
organization environment that does not emphasize the integrity of financial reporting.
Therefore, I predict a negative relationship between internal control effectiveness and
fraud risk. Fifth, I control for operating growth measured by the market value of equity
divided by the book value of equity. Abbott et al. (2004) find that there is a negative
relationship between the growth rate of a company and financial reporting quality
because a growth company is likely to have a less effective internal control system. I
predict a positive coefficient for operating growth. Next, I control for financial
restatement (Restate) as an indicator variable equal to 1 if a financial restatement has
been reported during the last three years and 0 otherwise. I predict a positive coefficient
for financial restatement. Next, I control for sales growth rate (PCHGSALES), which is
defined as the difference between current year’s sales and previous year’s sales divided
by previous year’s sales. Since companies with rapid sales growth are more aggressive in
earnings management, I predict a positive coefficient for sales growth rate. Plant assets
(PA) is calculated as the net value of plant assets divided by total assets.
Multivariate Model 2
To test my hypotheses whether the effect of CTA on fraud risk is greater in
magnitude for fraud companies than for non-fraud companies, I develop the
following regression model:
FRAUDRISK=β0+β1Fraud*CTA+ β2Fraud+ β3CTA+β4AuditTenure + β5AuditFees +
β6ChairGender+β7ChairTenure+ β8LnTA+ β9Lev+ β10Loss+ β11ICME+ β12BM +
β13Restate+ β14Big4 + β15PCHGSales+ β16PA+ Year Dummies + Industry Dummies +ε
In model 2, I use an interaction term, Fraud*CTA, to examine whether CTA is more
significantly related to fraud risk for fraud companies than non-fraud companies. I use
Fraud as an indicator variable equal to 1 if a company is reported as an accounting
violation on the AAER website by the SEC and 0 otherwise. A company is defined as
Fraud when it is disclosed by the SEC for the current year. I don’t consider the pre or post
fraud period in this research. Since fraud companies have more incentives and
opportunities to use complex tax planning strategies to manipulate financial reporting, I
predict a positive coefficient for the interaction term Fraud*CTA. All other variables are
the same as those in model 1.
Chapter 4: Empirical Results
4.1 Descriptive statistics
The sample selection procedures are described in Table 1, Panel A. I searched
the entire Compustat database from 2000 to 2017 and start with 240,683 firm-year
observations. 136,889 firm-year observations are lost because they have either negative
or missing pre-tax income. Another 30,599 firm-year observations are excluded because
they do not have enough data to compute CashETR, GAAP ETR and PBTD. I deleted
25,726 firm-year observations to exclude financial and utility companies. I lost 22,636
firm-year observations when I merge Compustat, with Audit Analytics for auditors’
tenure and fees, and with BoardEx for audit committee chair’s tenure and gender. 449
firm-year observations are lost because they are foreign companies based on the foreign
incorporation code (FIC). I deleted 703 firm-year observations because of outliers for the
key variables. I define outliers as Z-score greater than 3 or less than -3. My final sample
includes 23,681 firm-year observations.
I report the industry distribution of firm-year observations in Table 1, Panel B. I
illustrate industry membership according to the classification scheme in Dechow et al.
(2011). There are 13 industries included in the 23,681 firm-year observations. My sample
is concentrated in the industries of transportation, computers, durable manufactures,
retail, services, and pharmaceuticals, with more than 1,500 or 5% of the firm-year
observations from each industry.
I report the distribution of the key variables of interest (CashETR, GAAPETR,
PBTD, and fraud risk) by industry in Table 2. Companies in the computers and
transportation industries show the lowest CashETR (e.g., <0.23). The agriculture, retail,
and textiles and apparel industries indicate the highest CashETR (e.g., >0.30). Companies
in the computers industries show the lowest GAAPETR (e.g., <0.28). Companies in the
transportation, retail, and service industries indicate the highest GAAPETR (e.g., >0.35).
Companies in the textiles and apparel industries show the lowest PBTD (e.g., <0.025).
Companies in the refining and extractive industries indicate the highest PBTD (e.g.,
>0.08). Companies in the lumber, furniture, and printing industries show the lowest fraud
risk (e.g., PCHGREC and PCHGINV<10%, DISCACC<0.03). The mining and
construction, and pharmaceutical industries exhibit the highest fraud risk (e.g.,
PCHGREC and PCHGINV>16%, DISCACC >0.02). The results of the key variables of
interest are comparable to those in Frank et al. (2009), Chen et al. (2010), and Lennox et
al. (2012).
I report the descriptive statistics for CashETR, GAAPETR, PBTD, fraud risk, and
other control variables in Table 3. The values of mean and median for CashETR are 0.250
and 0.248, respectively. The values of mean and median for GAAP ETR are 0.319 and
0.342, respectively. Both the mean and median values of CashETR and GAAPETR are
similar to those in Chen et al. (2010) and Lennox et al. (2012). The values of mean and
median for PBTD are 0.046 and 0.032, respectively, which are comparable to those in
Frank et al. (2009) and Lennox et al. (2012). The values of mean and median for the
percentage change of accounts receivable are 0.203 and 0.085, respectively. The values of
mean and median for the percentage change of inventory are 0.117 and 0.074,
respectively. The values of mean and median for discretionary accruals are -0.032 and
0.034, respectively, which are consistent with those in Dechow et al. (2011) and Frank et
al. (2009). The mean and median values for the difference between the sales growth rate
and the number of employees growth rate are -0.027 and 0.036, respectively. The values
of mean and median for the percentage of cash sales are 0.107 and 0.070, respectively.
The values of mean and median for the return on assets are 0.085 and 0.069, respectively.
These values are consistent with those reported in Dechow et al. (2011).
Table 3 also includes descriptive statistics for other control variables. The average
annual audit fees for the sample are $2,354,010 with the natural logarithm of
13.87. The average auditor’s tenure for the sample is 23.76 years, which is higher than
auditor’s tenure of 18 years in Brazel et al. (2019). One of the explanations is that my
sample includes longer periods and more variables than those in Brazel et al. (2019). The
average audit committee chair’s tenure is 8.07 years, which is similar to that in Brazel et
al. (2019). 90.92% of audit committee chairs are male. The average annual total assets for
the sample are $5,869 million with the natural logarithm of 6.80. The average percentage
change of sales is 12.60%. The average leverage of the sample is 17.93%. The average
book to market value ratio is 0.473. In addition, around 1.05% of companies report loss
and 80.85% of companies are audited by big four CPA firms. 11.97% of companies report
restatement. The average value for plant assets lagged by total assets is 0.246.
I report the correlations of the key variables in Table 4. GAAPETR, CashETR,
and PBTD are significantly correlated at 0.001 level. More specifically, GAAPETR and
CashETR are positively correlated, and the coefficient of correlation is 0.268. GAAPETR
and CashETR are negatively correlated to PBTD with the coefficient of correlation of -
0.064 and -0.456, respectively. The negative correlations indicate that GAAPETR,
CashETR and PBTD measure CTA from different perspectives of tax avoidance
strategies, which I explain in section 3.2. In addition, the proxies of fraud risk are
significantly correlated. PCHGREC is positively correlated to PCHGINV, DISCACC,
PCHGCASHSALES, and CHGROA with the coefficients of correlation of 0.197, 0.124,
0.156, and 0.129, respectively. However, NFM for fraud risk is not significantly
correlated to other financial measures. The main reason is that most companies do not
disclose the amount of order backlog in their financial statements.
Furthermore, Table 4 shows that the percentage change of accounts receivable is
negatively correlated to CashETR, and positively correlated to GAAPETR and PBTD
with the coefficient of correlation of -0.026, 0.007, and 0.04, respectively, indicating
higher level of CTA increases fraud risk. The percentage change of inventory is also
negatively correlated to CashETR, and positively correlated to GAAPETR and PBTD
with the coefficient of correlation of -0.052, 0.004, and 0.053, respectively. Discretionary
accrual is negatively correlated to GAAPETR and PBTD, and positively correlated to
CashETR. The percentage of cash sales is positively correlated to GAAPETR and PBTD,
and negatively correlated to CashETR with the coefficient of correlation of 0.075, 0.039,
and -0.048, respectively, suggesting high percentage of cash sales decreases fraud risk.
Return on assets is negatively correlated to GAAPETR, and positively correlated to
CashETR and PBTD with the coefficient of correlation of -0.096, 0.038, and 0.196,
respectively. The difference between percentage change of sales and percentage change
of employee’s headcount is negatively correlated to CashETR, and positively correlated
to GAAPETR and PBTD with the coefficient of correlation of -0.012, 0.024, and 0.003,
respectively. These correlations suggest that the proxies of CTA are positively correlated
to the proxies of fraud risk.
4. 2 Empirical Results
Table 5 describes the estimates of the relationship between CTA and fraud risk. In
panel A, dependent variable is percentage change of accounts receivable (PCHGREC). In
models 1A to 1C, CTA proxies are NEGCASHETR, NEGGAAPETR and PBTD,
respectively. In panel B, dependent variable is percentage change of inventory
(PCHGINV). In models 1D to 1F, CTA proxies are NEGCASHETR, NEGGAAPETR
and PBTD, respectively. In panel C, dependent variable is discretionary accruals
(DISCACC). In models 1G to 1I, CTA proxies are NEGCASHETR, NEGGAAPETR and
PBTD, respectively. For the remaining tables, I explain the detailed information in the
notes of the tables.
In my regression analysis, I use seven proxies to capture fraud risk from three
perspectives: percentage change of accounts receivable (PCHGREC), percentage change
of inventory (PCHGINV), and discretionary accrual from accrual quality variables
(DISCACC), percentage of cash sales (PCHGCASHSALES) and change of return on
assets (CHGROA) from performance variables, and difference between sales growth rate
and employee growth rate from NFM (DIFFBSE). To interpret the results consistently, I
use the converted effective tax rate to capture CTA in the regression analysis.
Specifically, I multiply effective tax rates by -1 (e.g. NEGCASHETR= - CashETR and
NEGGAAPETR = - GAAPETR) so that the large values of NEGCASHETR,
NEGGAAPETR and PBTD represent higher level of tax avoidance. I control for firm
characteristics, auditors, and audit committee chair in all my models.
In all my models, I find that generally higher levels of tax avoidance are
significantly related to higher fraud risk. In model 1A, where fraud risk is measured by
percentage change in accounts receivable (PCHGREC), the coefficient of
NEGCASHETR indicates that assuming everything else remains constant, a one percent
increase in NEGCASHETR implies a 0.232 percent increase in percentage change in
accounts receivable. This result supports hypothesis 1 such that CTA is positively related
to fraud risk. According to agency theory, a higher level of CTA provides more
opportunities for managers to conduct rent extraction. The coefficient of the natural
logarithm of audit fees (Lnauditfees) describes that a one percent increase in Lnauditfees
suggests a 0.104 decrease in percentage change of accounts receivable. This is consistent
with Brazel et al. (2019) that finds an increase in auditor efforts reduce fraud risk because
auditors understand their client’s business better and can apply more appropriate audit
procedures to alleviate fraud risk. The coefficient of auditor tenure indicates that one
percent increase in auditor tenure implies a 0.001 percent increase in percentage change
of accounts receivable. This is aligned with the results from Brazel et al. (2019) that state
long auditor-client relationships help auditors understand the nature of client’s business
and industry that may affect the risk of business operation and the risk of fraudulent
financial reporting. Auditors may use the knowledge of these risks to determine the
appropriate audit procedures. Therefore, long auditor tenure increases audit quality and
reduces fraud risk. Similar to the coefficient of auditor tenure, the coefficient (-0.007) of
audit committee chair’s tenure suggests that longer audit committee chair’s tenure
decreases fraud risk because audit committee chair with long tenure can better understand
client’s business and internal control so that they can oversee the entire audit engagement.
The coefficient of audit committee chair’s gender indicates that male audit committee
chair increases fraud risk. This is consistent with the literature on gender diversity
because my results support that female chairs are more conservative and better at
monitoring audit engagement.
The coefficient of natural log value of total assets suggests that a one percent
increase in log value of total assets is associated with a 0.043 percent increase in
percentage change in accounts receivable. This result indicates that large companies have
more complex transactions and managers may use those transactions to conduct rent
extraction, thus increasing fraud risk. The coefficient of percentage of sales growth rate
shows that a one percent increase in percentage of sales growth rate is associated with a
0.747 percent increase in percentage change in accounts receivable. This is consistent
with the literature that high growth companies are more likely to commit accounting
fraud. The coefficient for percentage of plant assets and the coefficient for big four CPA
firms do not show significant results. The coefficient of leverage shows an insignificant
relationship between leverage and percentage change in accounts receivable.
In model 1B, the coefficient of NEGGAAPETR suggests that a one percent
increase in NEGGAAPETR is associated with 0.420 percent increase in percentage
change in accounts receivable. All other variables in model 2 have the same signs as
those in model 1 and are statistically significant. In model 1C, the coefficient (0.017) of
permanent book-tax difference (PBTD) indicates that CTA is positively and significantly
related to fraud risk. All other variables have the expected signs and are statistically
significant.
In models 1D to 1F, 1G to 1I, and 1J to 1L, I examine the relationship between
CTA and percentage change in inventory, the relationship between CTA and discretionary
accrual, and the relationship between CTA and return on assets, respectively. These
results are consistent with those in models 1 to 3. I find that CTA is positively related to
fraud risk and other control variables.
In models 1M to 1O, fraud risk is measured by percentage of cash sales. According
to Dechow et al. (2011), percentage of cash sales is negatively related to fraud risk
because managers may use accruals management for accrual-based sales such as credit
sales. The coefficient of NEGCASHETR suggests that a one percent increase in
NEGCASHETR is associated with 0.080 percent increase in percentage of cash sales,
indicating a negative relationship between CTA and fraud risk. One of the explanations is
that some companies front-load earnings and make unusual transitions later, thus
increasing cash sales. Another explanation is that managers may overpay taxes to cover
their fraudulent financial reporting. Therefore, CashETR is negatively related to
percentage change in cash sales.
In models 1P to 1R, I use the difference between sales growth rate and employee
growth rate to measure fraud risk (DIFFBSE). Consistent with Brazel et al. (2009), I
define LargeRisk as an indicator variable equal to 1 if DIFFBSE is greater than 20% and
0 otherwise. In model 16, the coefficient (1.507) of CTA indicates that a higher level of
CTA is more likely to relate to large fraud risk. This result is significant with Z value of
3.85. Specifically, a one percent increase in CTA is associated with 1.507 increase in
log(P/1-P). If log(P/1-P) increases by 1.507. That means that P/(1-P) increases by exp
(1.507) =4.51. This is a 351% increase in the odds of increasing fraud risk (assuming all
other variables remain constant). In models 17 and 18, the coefficients of CTA show a
significant relationship between CTA and LargeRisk as well.
In models 2A to 2F, I examine whether the effect of CTA on fraud risk is greater in
magnitude for fraud companies than for non-fraud companies. The coefficients of the
interaction term, Fraud*CTA, in all models do not show a significantly difference
between fraud companies and non-fraud companies. Specifically, in model 2A, the
proxies for fraud risk and CTA are PCHGREC and NEGCASHETR, respectively. The
coefficient and t-stat for the interaction term are 0.149 and 0.26, respectively. In model
2B, the proxies for fraud risk and CTA are PCHGREC and NEGGAAPETR, respectively.
The coefficient and t-stat for the interaction term are 0.163 and 0.34, respectively. In
model 2C, the proxies for fraud risk and CTA are PCHGREC and PBTD, respectively.
The coefficient and t-stat for the interaction term are 0.19 and 0.51, respectively. In
models 2D to 2F, the proxy for fraud risk is PCHGINV. The coefficient and t-stat show
insignificant relationship between the interaction term and fraud risk as well. Therefore,
my results do not support hypotheses 2. One of the explanations is that some fraud
companies are not more aggressive in tax reporting when they are aggressive in financial
reporting. They may overpay taxes to cover up their fraudulent financial reporting.
Overall, my results support hypothesis 1, indicating that CTA is positively related
to fraud risk. Generally, I find CTA is positively and significantly related to fraud risk
when financial variables are used to measure fraud risk. In addition, my results show a
significant relationship between CTA and fraud risk when I use NFM proxies to measure
fraud risk. Similar to Brazel et al. (2009), I define large fraud risk (LargeRisk) as an
indicator variable equal to 1 and o otherwise if the difference between financial and
nonfinancial performance is greater than 20%. I find that all three CTA proxies are
significantly related to LargeRisk. The results from above are consistent with agency
theory in CTA such that opportunistic managers may use complex CTA strategies to
conduct managerial rent extraction, thus increasing fraud risk. However, I do not find a
significantly different effect of CTA on fraud risk between fraud and non-fraud
companies when I test hypotheses 2. According to the findings at Erickson et al. (2004),
some fraud companies may overpay taxes to cover up their fraudulent financial reporting.
They may worry about the potential penalties from the IRS, reputational damage from the
public, and some other costs associated with aggressive tax avoidance. Therefore, they
are less aggressive in tax reporting when they are more aggressive in financial reporting.
4.3 Supplemental Analysis: Using Fraud risk to Predict Fraud
From the above results, I find that higher level of CTA is related to higher fraud
risk. In this part, I analyze whether fraud risk proxies can be used to predict fraud.
According to the fraud triangle theory, managers in higher fraud risk companies have
more incentives and opportunities to commit accounting fraud. Prior studies find that
fraud companies are associated with higher fraud risk when different proxies are used to
measure fraud risk. Brazel et al. (2009) find that fraud companies have larger difference
between financial and non-financial performance. Dechow et al. (1996) note that fraud
companies are more likely to have a weak corporate governance system. Bell and
Carcello (2000) find that weak internal control system increases the fraud risk. Therefore,
I predict that fraud risk proxies in this study can be used to predict accounting fraud.
To examine whether fraud risk can predict actual fraud, I use financial variables to
measure fraud risk. I select the same number of non-fraud companies based on SIC and
size to match fraud companies. My sample includes 292 fraud companies listed on AAER
website from 2000 to 2017 and 292 non-fraud companies. I collect fraud companies from
the current year that the SEC disclose the violations. I do not consider the pre or post
fraud periods in this study. I use logistic regression to test whether fraud risk is associated
with fraud. My dependent variable is FRAUD, a dummy variable. The value of 1 is for
fraud companies and 0 otherwise. Independent variable is fraud risk. I also include some
control variables that are associated with accounting fraud. For instance, I control for
internal control material effectiveness (ICME). The Sarbanes-Oxley Act section 404 (a)
requires the management to maintain an effective internal control system over financial
reporting. An ineffective internal control provides more opportunities for managers to
commit fraudulent financial reporting. Also, an ineffective internal control system
represents an organization environment that does not emphasize the integrity of financial
reporting. Therefore, I predict a positive relationship between internal control
effectiveness and accounting fraud. Also, I control for financial restatement (Restate) as
an indicator variable equal to 1 if a financial restatement has been reported during the last
three years and 0 otherwise. I predict a positive coefficient for financial restatement.
Next, I control for sales growth rate (PCHGSALES), which is defined as the difference
between current year’s sales and previous year’s sales divided by previous year’s sales.
Since companies with rapid sales growth are more aggressive in earnings management, I
predict a positive coefficient for sales growth rate.
In model 3A, I examine the relationship between discretionary accrual and
fraud. The coefficient of percentage change in accounts receivable (PCHGREC) suggests
that a one percent increase in PCHGREC is associated with 15.90 increase in odds ratio,
indicating a very strong association between PCHGREC and accounting fraud. In model
3B, I examine the relationship between discretionary accruals (DISCACC) and fraud. The
coefficient of DISCACC indicates that a one percent increase in DISCACC is associated
with 8.82 increase in odds ratio. In model 3C, I examine the relationship between
percentage change of cash sales (PCHGCASHSALES) and fraud. The coefficient shows
that one percent of increase in PCHGCASHSALES is associated with
0.063 decrease in odds ratio, indicating a negative association between
PCHGCASHSALES and fraud. In model 3D, I examine the relationship between
percentage change of soft assets (PCHGSOFTASSET) and fraud. The coefficient shows
that one percent of increase in PCHGSOFTASSET is associated with 1.53 increase in
odds ratio. Therefore, fraud risk can successfully predict accounting fraud. The results
indicate that higher level of tax avoidance may increase regulators and external auditors’
attention since higher level of tax avoidance could be considered a red flag for accounting
fraud.
Chapter 5: Discussion
Prior studies provide mixed evidence on whether tax avoidance is positively or
negatively related to aggressive financial reporting. Some studies state that CTA is
positively related to aggressive financial reporting because managers may use the areas of
nonconformity between tax reporting and financial reporting to increase book income and
decrease tax income simultaneously. Other studies argue that managers could not control
book income and tax income in the opposite directions without being perceived by
external auditors and the IRS. In addition, some study finds that managers may
intentionally overpay taxes to cover up their aggressive financial reporting. Therefore,
there is a negative relationship between CTA and aggressive financial reporting. In this
study, I extend the research on CTA by exploring the relationship between CTA and fraud
risk because very small number of fraud companies are disclosed by the SEC on AAER’s
website and fraud risk is easier to measure for all companies. Also, I examine the
relationship between fraud risk and fraud to see if fraud risk can be used to predict fraud.
This study bridges the gap between CTA and accounting fraud through fraud risk. I
measure fraud risk from different perspectives: accrual quality, financial performance,
and NFMs.
The relationship between CTA and fraud risk
In hypothesis 1, I predict that there is a positive relationship between CTA and
fraud risk. According to the agency theory and fraud triangle concept, opportunistic
managers may use complex tax avoidance strategies to conduct rent extraction, thus
increasing fraud risk. I use different proxies to measure fraud risk. Dechow et al. (2011)
note that actual accruals are more powerful than discretionary accrual in predicting
material misstatement. Therefore, I use both the abnormal accrual and the actual accruals
to test the relationship between CTA and fraud risk. My results from discretionary
accruals are consistent with those from actual accruals. Discretionary accruals are
positively and significantly related to PBTD and negatively and significantly related to
GAAPETR and CashETR, indicating that CTA is positively related to fraud risk. In
addition, CTA is positively and significantly related to percentage change of accounts
receivable and percentage change of inventory. Furthermore, CTA is also positively and
significantly related to performance variables (e.g. percentage change of cash sales and
return on assets).
In addition, I use the difference between financial and non-financial performance
to measure fraud risk. Similar to Brazel et al. (2009), I define large fraud risk (LargeRisk)
as an indicator variable equal to 1 and 0 otherwise if the difference between financial and
non-financial performance is greater than 20%. I find that NECASHETR,
NEGGAAPETR, and PBTD are significantly related to LargeRisk. My results show a
significant relationship between CTA and fraud risk when I use NFM proxies to measure
fraud risk.
Fraud and non-fraud companies
In hypothesis 2, I predict that for both fraud and non-fraud companies, CTA is
positively related to fraud risk. However, I predict that the effect of CTA on fraud risk for
fraud companies will be greater in magnitude than for non-fraud companies because
according to agency theory and fraud triangle theory, fraud companies have more
incentives and opportunities to manipulate financial statements. I use FRAUD as an
indicator variable to separate fraud and non-fraud companies. I use the interaction term,
CTA*Fraud, to catch the effect of CTA on fraud risk for fraud companies and non-fraud
companies. The coefficients of the interaction term in all models do not show a
significant difference between fraud and non-fraud companies. My results do not support
hypothesis 2 such that the effect of CTA on fraud risk is greater in magnitude for fraud
companies than for non-fraud companies. According to the fraud triangle theory and
agency theory, fraud companies should have more incentives and opportunities to use
complex tax planning strategies to commit accounting fraud. However, some fraud
companies may overpay taxes to cover up their fraudulent financial reporting. The
positive relationship between CTA and fraud risk may be offset by the intentionally
overpaid tax. My findings in hypotheses 2 suggest that agency theory and intentionally
overpaid taxes both exist in corporate tax avoidance.
Implications for research
This study has several contributions to the literature exploring CTA, fraud risk,
and accounting fraud. First, while prior studies provide mixed evidence on whether CTA
is positively or negatively associated with aggressive financial reporting, this study
examines the relationship between CTA and fraud risk and the relationship between fraud
risk and accounting fraud. To my knowledge, this study is the first one to examine the
relationship between CTA and fraud risk. While few accounting frauds are disclosed by
the SEC, fraud risk can be assessed for all companies. Also, fraud risk can be used to
predict accounting fraud. Therefore, this study bridges the gap between CTA and
accounting fraud through fraud risk. Second, while prior studies use financial data to
assess aggressive financial reporting, this study evaluates fraud risk by using accrual
quality, performance variables, and NFMs, which provide different perspectives for
auditors and regulators to assess the effect of CTA on fraud risk. Third, this study
contributes to the literature on agency problems related to CTA. Little is known about
whether the relationship between CTA and fraud risk is different for fraud and non-fraud
companies. Agency theory and fraud triangle theory indicate that fraud companies have
more incentives and opportunities to commit fraud. However, managers may overpay
taxes to conceal fraudulent financial reporting. Therefore, higher level of CTA should be
considered a warning light for fraudulent financial reporting.
Implications for practice
This study is also meaningful to practitioners. My findings suggest that regulators
and external auditors should assess fraud risk from different perspectives. Higher fraud
risk can be used to predict accounting fraud. In addition, higher levels of CTA should
draw more attention from regulators and external auditors since a high level of CTA is
positively related to high fraud risk, which could be an indicator for actual accounting
fraud.
Limitations
Even though this study provides some insight into the relationships among CTA,
fraud risk, and accounting fraud to researchers and practitioners, it still has several
limitations. First, CTA and fraud risk are measured by various proxies, which may not
catch all of the features of CTA and fraud risk. Also, CTA is defined as a continuum of
tax avoidance strategies. It is difficult to separate CTA strategies into different levels.
Future study should examine the relationship between the specific tax avoidance
strategies such as tax shelter and the accounting fraud. Second, this study investigates the
relationship between CTA and fraud risk for publicly traded companies. The results may
not be generalized to private companies since private companies may have different
considerations when they conduct CTA. Third, CashETR, GAAPETR and PBTD are used
to measure the non-conformity between book and tax income. Future research should
consider different proxies to measure the conformity between book and tax income for
tax planning strategies. Third, only two NFM variables (number of employees and order
backlog) are collected from Compustat. Many companies do not disclose their NFM
information. The two NFM variables may not be able to measure fraud risk for all
companies. Different industries have different NFMs. Future studies should use more
NFM variables from each industry to measure fraud risk. Finally, the sample size for
fraud companies and non-fraud companies are imbalanced. I match non-fraud companies
to fraud companies based on SIC and size. Future studies may use some other techniques
to solve the issues of the data imbalance.
General conclusions
While prior studies provide mixed results on whether CTA is positively or
negatively related to aggressive financial reporting, I extend the literature on the
consequences of CTA by examining the relationship between CTA and fraud risk. Using
different proxies for CTA and fraud risk, I find that CTA is positively related to fraud risk.
However, I do not find a significantly different effect of CTA on fraud risk between fraud
and non-fraud companies. Fraud companies may be less aggressive in tax reporting when
they are more aggressive in financial reporting. Fraud companies may overpay taxes to
conceal their fraudulent financial reporting. Furthermore, my results indicate that fraud
risk proxies can be used to predict actual accounting fraud. Therefore, higher level of
CTA could be considered a red flag for fraudulent financial reporting.