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Articles

State ownership, performance evaluation and tax avoidance

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ABSTRACT

In 2004, the central and local State-owned Assets Supervision and Administration Commission (SASAC) announced how to evaluate the performance of management of state-owned enterprises (SOEs) that are under its control. This article examines how the different performance evaluation systems in different provinces influence the tax avoidance behaviour of SOEs. We find that only four of them – Shanghai, Guangdong, Zhejiang and Fujian – adopt after-tax profit as the evaluation index, while all the other provinces use before-tax profit. We believe that SOEs which use after-tax profit as an evaluation index have higher incentives to reduce the tax burden than those which use before-tax profit as an evaluation index. Following previous literature, two measurements of tax avoidance are used in this paper: effective tax rate and book-tax difference. Based on 8426 observations from 2007 to 2015, we have two main conclusions: (1) compared with SOEs that are evaluated using before-tax profit as the evaluation index, SOEs that are evaluated using after-tax profit have lower effective tax rate (ETR) and higher book-tax difference (BTD); (2) compared with SOEs that are evaluated using before-tax profit as the evaluation index, SOEs that are evaluated using after-tax profit have a higher level of substitution between debt financing and tax avoidance.

1. Introduction

This article examines how the performance evaluation system of state-owned enterprises (SOEs) in different provinces influences tax avoidance in SOEs. Firms take tax avoidance activities to reduce their actual tax burden, reduce cash flow out and increase firm value. Prior literature has examined various determinants of tax avoidance, for example, the structure of ownership (Liu & Li, Citation2012; Liu & Ye, Citation2014; Wang, Wang, & Peng, Citation2010, Citation2012; Wu, Citation2009; Zhang & Lyu, Citation2011; Zhu & Yu, Citation2010), the political connection of firms (Li & Xu, Citation2013; Wu, Citation2009), internal control (Li & Chen, Citation2012), local economic development and tax regulations (Fan & Tian, Citation2013; Liu & Ye, Citation2014; Zhu & Sun, Citation2014), and the power of top executives (Xue, Du, & Hong, Citation2012). However, few papers have focused on how the incentive motivations of top executives, especially the performance evaluation measures, could affect the tax avoidance behaviour. This article contributes to filling that gap.

This paper is based on the performance evaluation systems for top executives in SOEs which are under the control of the central and local State-owned Assets Supervision and Administration Commission (SASAC). Our focus is on how different performance evaluation measures used in different provinces could lead to different tax avoidance results. Although most of the local SASACs choose before-tax profit as the major evaluation index, the SASACs of Shanghai, Guangdong, Fujian and Zhejiang provinces use after-tax profits.Footnote1 We argue that CEOs who are evaluated based on after-tax profit have higher incentives to carry out tax avoidance activities and increase after-tax profits. Consistent with this argument, the empirical tests show that SOEs in Shanghai, Guangdong, Fujian and Zhejiang provinces have a lower effective tax rate (ETR) and higher book-tax difference (BTD).

We make contributions to the literature by first testing the causal relationship between the performance evaluation system of SOEs and tax avoidance decisions. We provide a new explanation for the high tax rate of SOEs: CEOs in most of the SOEs in China are evaluated on before-tax profit, which reduces their personal motivations to carry out tax avoidance activities. As a result, compared with external governance mechanisms, such as reinforcing tax regulations, internal mechanisms through the performance evaluation system can also effectively change firms’ tax behaviour and risk.

This paper is arranged as follows. The next section is the theoretical analysis and hypothesis development. The third section illustrates the sample selection and empirical design. Section 4 shows the empirical results and analysis. The final section is the conclusion.

2. Literature review and hypotheses development

2.1. Literature review

2.1.1. Corporate governance and tax avoidance

Tax is of vital importance in economic studies as it not only influences social wealth distribution, but also affects social value creation. As a result, the determinants and consequences of tax planning are hot topics in both economics and accounting fields (Graham et al., Citation2012; Hanlon & Heitzman, Citation2010; Shackelford & Shevlin, Citation2001). Accounting research especially focuses on the relationship between corporate governance and tax avoidance (Chen & Chu, Citation2005; Desai & Dharmapala, Citation2006; Desai, Dyck, & Zingales, Citation2007; Schön, Citation2008; Zeng & Zhang, Citation2009). Within corporate governance, controlling shareholders and top executives with respect to tax avoidance are a major area of concern.

Prior literature offers mixed evidence on how top executives’ motivations influence tax avoidance. Phillips (Citation2003) tested the relationship between CEOs’ performance evaluation and tax results. However, he did not find a reduced ETR for firms that use after-tax profit to evaluate their CEOs. Armstrong, Blouin, & Larcker (Citation2012) support the results of Phillips (Citation2003). However, Gaertner (Citation2014) finds that firms that take after-tax profit as the evaluation index for their CEOs have significantly lower ETR. The sample they used was hand-collected from public firms in the US and is much larger in sample size than those of Phillips (Citation2003) and Armstrong et al. (Citation2012).

In addition to the performance evaluation measures used for CEOs, there are also papers looking at different aspects of top executives. Gallemore, Maydew, & Thornock (Citation2014) show that expected reputation costs influence a CEO’s tax decisions. Wu, Wu, and Rui (Citation2009) and Li and Xu (Citation2013) find that the political status of top executives helps reduce the tax burden.

Compared with US researches, research in China about corporate governance and tax avoidance concentrates on ownership structure. The literature reports similar results. Wu (Citation2009) finds that SOEs have a higher tax burden than non-SOEs. Liu and Li (Citation2012) find that local SOEs have a significantly higher tax rate than non-SOEs and central SOEs. Wang, Wang, & Peng (Citation2010) explain the higher tax burden of SOEs by the lower bankruptcy cost of SOEs. Zhu and Yu (Citation2010) offer the reason of profit and tax integration of SOEs.

This paper is the first one to use Chinese data to test the causal relationship between the performance evaluation system of SOEs and tax avoidance decisions. We provide evidence that personal incentives of CEOs in SOEs influence tax outcomes.

2.1.2. Compensation-performance sensitivity

Hölmstrom (Citation1979) argues that the compensation contract is not optimal when the principal can only observe the outcome of the agent. Principals can improve the effectiveness of the compensation contract by taking advantage of extra information, such as accounting and other signals related to the agents’ internal ability. Jensen and Murphy (Citation1990a) think that the higher the agency problem, the lower the compensation-performance sensitivity.

There is abundant domestic literature on compensation-performance sensitivity and its determinants. Wei (Citation2000) finds no significant relation between top executives’ compensation and firm performance. However, other later papers show that CEO’s cash compensation change is positively related to ROE change (Du & Wang, Citation2007; Xiao, Citation2005; Xu, Wang, & Gong, Citation2007; Yang, Gao, & Yurtoglu, Citation2009; Zhang, Zhao, & Zhang, Citation2003; Zhou & Huang, Citation2006). Furthermore, Fang (Citation2009, Citation2011) finds the stickiness of executives’ compensation. Xiao (Citation2005) shows different compensation-performance sensitivity in SOEs and non-SOEs. Other factors that are found to influence compensation-performance sensitivity include growth (Zhang & Chen, Citation2006), stock price volatility (Shao, Liu, & Kong, Citation2008), internal control quality (Lu, Liu, & Xu, Citation2011), political connection (Liu, Zhang, Wang, & Wu, Citation2010), industry competition (Chen & Ding, Citation2011), stock market reform (Lei, Li, & Jin, Citation2010), political intervention (Liu, Sun, & Li, Citation2007) and marketization (Xin & Tan, Citation2009).

However, these papers use quite different measurements of performance. In the above 17 papers, 11 of them use ROE as the performance measurement, eight of them take stock returns as performance measurement and five of them use ROA as performance measurement. One natural question is whether the performance measurements used in these papers can reflect the actual evaluation process of CEOs and further influence tax behaviour. One advantage of our paper is that we use performance measurement from the compensation contract in the real business world.

2.2. Institutional background

On 1 January 2004, the central SASAC released the Performance Evaluation Method for Executives in Central SOEs, which was further amended in Citation2006, Citation2009 and Citation2012. In this guidance, the compensation of executives in central SOEs is directly linked to annual performance measures. Annual performance measures include basic measures and classified measures. Basic measures include before-tax profit and ROE. Before-tax profit is the integrated total profit after audit. ROE is calculated as after-tax profit divided by net assets. The Citation2009 modified edition changed the basic measures to before-tax profit and economic value added (EVA). EVA is calculated as audited after-tax profit minus cost of capital. The essence of EVA is similar to ROE. In Citation2012, the SASAC made a further clarification of how to calculate profit and adjust the relative weight of basic versus classified measures.

After the central SASAC released the Performance Evaluation Method for Executives in Central SOEs, local SASACs made corresponding guidance for the performance evaluation of executives in local SOEs which are under their control. We hand-collect the official guidance and finally get the performance evaluation method in 28 provinces. We find that local SASACs in 17 provinces (Hebei, Liaoning, Heilongjiang, Jiansu, Anhui, Jiangxi, Shandong, Henan, Hubei, Hunan, Sichuan, Guizhou, Yunnan, Shanxi, Gansu, Qinghai and Hainan), three municipalities directly under the Central Government (Beijing, Tianjin and Chongqing) and four municipalities (Guangxi, Neimenggu, Ningxia and Xinjiang) take before-tax profit and ROE as performance measures.

However, local SASACs in Shanghai, Guangdong, Zhejiang and Fujian provinces take after-tax profit and ROE as basic measures. In August 2003, the SASAC of Shanghai released the Performance Evaluation Method for Executives in SOEs of Shanghai.Footnote2 The following performance indexes are used in the evaluation process: strategic planning and budget implementation, maintenance and appreciation of state-owned assets or ROE, realisable income, and sales growth of key operations. In August 2008, Shanghai released Opinions for Reform of Shanghai SOEs and clearly added ROE and after-tax profit after non-recurrent profit as performance measures. Guangdong, Fujian and Zhejiang released similar performance evaluation methods in Citation2005, Citation2006 and Citation2007, respectively, and used after-tax profit and ROE as major performance evaluation measures.Footnote3

Currently, a few papers take a deep look at the actual performance evaluation of Chinese SOEs. Du, Tang and Young (Citation2012) obtain the proprietary data of the final scores of each CEO in SOEs and examine the determinants of their scores. They find that political connections, geographical distance to SASAC and corporate social responsibilities are related to the final scores.

2.3. Hypotheses development

2.3.1. Ownership structure and tax avoidance

In non-SOEs, tax is a burden for the firm. Reducing tax is one important way to increase cash flow and firm value. In China, methods to reduce tax include financing through a debt shield (Modigliani & Miller, Citation1963) and other mechanisms, for example, transfer pricing (Graham et al., Citation2012). Different from reducing tax through a debt shield, this paper focuses on tax avoidance through the inconsistent regulation of tax laws and accounting principles. Because of the different identifications of profit between taxation and accounting, firms can perform tax avoidance activities, which lead to temporary difference and permanent difference, reduced ETR, increased BTD, and lower tax burden.Footnote4

In SOEs, SASAC is the controlling shareholder and SASAC is under the control of local government. For the government, profits from the SOEs and income tax from SOEs are both government receipts. In addition, compared with the profits of the SOEs, income tax is more directly disposable and is one visible index for local economic development. As a result, SOEs have lower incentives to reduce tax because of the controlling shareholders of local government.

Furthermore, local government can directly intervene in the SOEs’ operational decisions and limit the tax saving behaviour. This happens when the local government intends to develop the local economy and mitigate the potential deficit budget caused by various preferential policies (Chen & Li, Citation2001; Liu & Li, Citation2012; Zhou & Zhao, Citation2002).

2.3.2. Performance evaluation and tax avoidance

Compared with controlling shareholders, top executives directly implement operational and financial decisions. Under the separation of ownership and control, a compensation contract is used to align the interests of executives with those of shareholders (Jensen & Meckling, Citation1976). Jensen and Murphy (Citation1990b) argue that it is how the pay is linked with performance, not the pay level, that can effectively incentivise the management. As a result, the performance evaluation measures are the key in the compensation contract.

The performance measurements of non-SOEs are not required to be public and we get some information on non-SOEs’ compensation contracts through their voluntary disclosure. We find that non-SOEs prefer performance measures based on after-tax profit. For example, in the Citation2013 Compensation Contract with Directors and Top Executives of Yinxi Technology (Stock Code 300221), after-tax profit is used clearly as one baseline for bonus. This is because the controlling shareholders of the non-SOEs cannot get benefits from tax, and consider tax as a cost. Using after-tax profits to evaluate executives can motive tax-saving behaviour and benefit shareholders.

Although the central SASAC uses before-tax profits to evaluate central SOEs, local SASACs can make their own choice to accommodate local situations. The results we can observe are that local SASACs in different provinces finally use different performance measures, especially the different choice between before-tax and after-tax profits. Central SASACs and most of the local SASACs choose before-tax profit; however, Shanghai, Guangdong, Zhejiang and Fujian choose after-tax profits as the major index.

In financial statements, the difference between before-tax and after-tax profit is tax expense. Keeping before-tax profit constant, then after-tax profits and tax expense are negatively correlated. When CEOs are evaluated on before-tax profit, tax expense will not influence their performance. As a result, the CEO has no incentive to make tax avoidance activities, especially when there are reputation risks and tax inspection risks. The outcome is a higher ETR and lower tax-book difference. In contrast, when CEOs’ compensation is based on after-tax profit, they have higher incentives to make tax saving activities, which will decrease tax expense and increase after-tax profit. The outcome reflected in financial statements is lower ETR and higher tax-book difference.

We find that each province in our sample includes return on equity (ROE) as an evaluation index for local SOEs. Since ROE is calculated as after-tax profit divided by total assets, CEOs of SOEs in each province would care about after-tax profit. We believe that this phenomenon will not influence the argument and results in this paper because the incentive for tax avoidance driven by ROE index is the same for SOEs in each state. Our results show the marginal effect of choice between after-tax profit and before-tax profit on tax avoidance, conditional on common incentives from ROE. Furthermore, the weight on after-tax profit/before-tax profit is large enough to drive the results. Taking Guangdong province as an example, the score on ROE is 20 points while the score on after-tax profit is also 20 points. As a results, the weight on after-tax is large enough to influence the SOEs’ tax avoidance motivation.

Du et al (Citation2012) find that corporate social responsibility can influence the final evaluation score of the CEOs in SOEs. They use two measures for corporate social responsibility: number of employees and industry. In consequence, they do not mention taxation and their paper is not related to our measures.

We propose the first hypothesis in this paper:

H1:

Compared with SOEs that use before-tax profit as the evaluation index, SOEs that use after-tax profit have lower ETR and higher BTD;

2.3.3. Performance evaluation and debt-tax sensitivity

Prior research finds that the cost of tax is one of the most important factors of capital structure (Doidge & Dyck, Citation2015; Faccio & Xu, Citation2015; Graham & Tucker, Citation2006; Richardson, Lanis, & Leung, Citation2014). Graham and Tucker (Citation2006) provide empirical evidence for the substitution relation between tax avoidance and asset-liability ratio. Richardson et al (Citation2014) find that in firms with a higher percentage of independent directors, there is higher substitution between tax avoidance and tax. They explain this as the advisory function of independent directors.

Compared with independent directors, top executives should play a larger role in tax avoidance behaviour and debt financing. As a result, we argue that the performance evaluation for top executives will exert incentives related to tax financing. The interest expense of tax will reduce both before-tax profit and tax expense. On one hand, when top executives are evaluated on after-tax profit, they would like to reduce the debt financing and interest expense to make sure they can reach the after-tax performance target. The outcome is a high substitution between debt financing and tax avoidance behaviour. On the other hand, when top executives are evaluated on before-tax profit, their tax avoidance activities will not influence before-tax profit. However, tax interest expense will reduce before-tax profit. The outcome is a reduced substitution between debt financing and tax avoidance. We propose our second hypothesis as follows:

H2:

Compared with SOEs that use before-tax profit as the evaluation index, SOEs that use after-tax profit have a higher level of substitution between debt financing and tax avoidance.

3. Research design

3.1. Sample selection

The measurement of income tax expense in annual reports changed in Citation2007 in China, and our sample consists of listed companies in China from Citation2007 to Citation2015. After excluding (1) financial companies; (2) companies located in Tibet, Shanxi, and Jilin;Footnote5 (3) companies whose before-tax profit or income tax expense is negative, which makes the effective tax rate negative; (4) other financial data required are missing, a total of 8426 firm-year observations are obtained. shows the detail of sample selection and number of observations in each year.

Financial data are sourced from the China Stock Market and Accounting Research (CSMAR) database system. Economic data of provinces in China are sourced from National Bureau of Statistics of China. Performance evaluation systems data are hand-collected from the websites of the central and local State-owned Assets Supervision and Administration Commissions. shows the detail of sample selection and number of observations in each year.

Table 1. Detail of sample selection and number of observations in each year.

3.2. Variables measurement

3.2.1. Tax avoidance measurement

According to the previous literature, the effective tax rate (ETR) and book-tax difference (BTD) are the most frequently used tax avoidance measurements. In this paper, we use ETR and three different methods to measure BTD, including total BTD (BTD_TOTAL), Desai and Dharmapala (Citation2006) BTD measurement (BTD_DD), and Frank, Lynch, and Rego (Citation2009) BTD measurement (BTD_F).

ETR is the ratio of income tax expense to before-tax profit. Firms will use serval methods to reduce the tax burden. Therefore, lower ETR means a lower level of tax burden or a higher level of tax avoidance. Prior literature frequently uses ETR as a measurement of tax avoidance (Gaertner, Citation2014; Plesko, Citation2003). We calculate ETR in this paper as follows.

ETR = Income tax expense/Before-tax profit

The difference between before-tax profit and net profit is income tax expense. SOEs that use after-tax profit as an evaluation index have higher incentives to reduce the tax burden than those that use before-tax profit as an evaluation index. Income tax expense includes current income tax expense and deferred income tax expense. Therefore, the two methods to reduce the income tax expense are reducing both current income tax expense and deferred income tax expense. We use ETR to measure the total level of firm tax avoidance, because ETR cannot show which method is used to reduce the tax burden.

BTD is another measurement of tax avoidance (Manzon & Plesko, Citation2002), which is the difference between accounting earnings and taxable income. Higher BTD means a higher level of tax avoidance. BTD shows how firms reduce tax burden through adjusting current income tax expense, instead of deferred income tax expense.

We calculate BTD in this paper as follows.

BTD = {before-tax profit – (income tax expense – deferred tax liability increasing + deferred tax assets increasing)/nominal tax rate}/total assets

BTD_TOTAL is an approximate measurement of tax avoidance. Earnings management also influences BTD_TOTAL. A higher level of earnings management through non-taxable items leads to a higher level of discretionary accruals and larger BTD_TOTAL. In order to avoid the above defects, we use another two BTD measurements.

Desai and Dharmapala (Citation2006) used the regression equation to exclude the influence of earnings management. Specifically, ordinary least squares is used to obtain BTD_DD, which is equal to the prediction error εi,t.

BTD_TOTALi,t=α0+α1TAi,t+ui+εi,t

The definition of TA is listed in . ui is the firm level fixed effect.

Table 2. Variable definitions.

Frank et al (Citation2009) also use the OLS regression to exclude permanent tax difference in BTD_TOTAL. The regression model is as follows:

BTD_TOTALi,t=α0+α1INTANi,t+α2INCOMEi,t+α3MIi,t+α4TAXi,t\break+α5LAGBTD_TOTALi,t+εi,t

The definitions of variables in this model are listed in . According to Frank et al (Citation2009), OLS is used to obtain BTD_F, which is equal to the prediction error εi,t.

3.2.2. Performance evaluation measurement

We use a dummy variable D to measure the performance evaluation system. D is equal to 1 if a firm is located in a province that uses after-tax profit as the evaluation index. D of firms in Shanghai, Guangdong, Zhejiang and Fujian is equal to 1, and D of firms in other provinces is equal to 0. Performance evaluation systems data are sourced from the websites of the central and local SASAC. There are several indexes in the performance evaluation system, including financial indexes or non-financial indexes. Financial indexes contain net profit, ROE, EVA, the rate of value added of state-owned assets. In this paper, we focus on the difference between using after-tax profit and before-tax profit.

3.2.3. Types of firms

We use a dummy variable LOCAL to measure the type of firms: local SOEs and non-SOEs. LOCAL is equal to 1 if the observation is local SOEs, and equal to 0 otherwise. Non-SOEs contain central SOEs and private firms. The central SOEs use before-tax profit as the evaluation index. However, private firms use after-tax profit as the evaluation index, because shareholders of private firms cannot obtain the tax.

3.2.4. Control variables

In H1 testing, ETR and BTD are dependent variables. According to previous literature, we use the following control variables: total assets (SIZE), leverage (LEV), return on total assets (ROA), book to market ratio (MB), nominal tax rate (TAX), proportion of the largest shareholder (FIRST), fixed assets (FIXED), inventory density (INV) and total accruals (TA).

In H2 testing, leverage is the dependent variable. According to previous literature, we use following control variables: total assets (SIZE), return on total assets (ROA), operating cash flow (OCF), fixed assets (FIXED), book-to-market ratio (MB) and median of industry leverage (LEV_MEDIAN).

The definition of all variables is listed in .

3.3. Model

We use the following models to test H1 and H2.

Model (1)

TAXAVi,t=β0+β1Di,t+β2LOCALi,t+β3DLOCAli,t+CONTROLi,t+ϵi,t

Model (2)

LEVi,t=γ0+γ1Di,t+γ2LOCALi,t+γ3TAXAVi,t+γ4DLOCAli,t+γ5DTAXAVi,t+γ6DLOCALTAXAVi,t+CONTROLi,t+ei,t

Model (1) investigates how the performance evaluation systems of different SOEs in different provinces influence the level of tax avoidance. TAXAV includes four measurements of tax avoidance. We examine whether the SOEs using after-tax profit have a higher level of tax avoidance. Although we can use the sample that only includes SOEs and test the significance of D, the empirical result may be misled due to other province level factors. Therefore, we use the difference between the tax avoidance level of non-SOEs in different provinces as the baseline. In model (1), we focus on β3, which is a difference-in-difference test model. Namely, β3 measures the difference as follows:

(the tax avoidance level of local SOEs in four provinces using after-tax profit as a performance evaluation index – the tax avoidance level of local SOEs in other provinces) – (the tax avoidance level of non-SOEs in four provinces using after-tax profit as a performance evaluation index – the tax avoidance level of non-SOEs in other provinces)

We estimate using ETR as TAXAV, β3 is significant and negative, which means the ETR of local SOEs in four provinces using after-tax profit as a performance evaluation index is lower. Meanwhile, using BTD (BTD_TOTAL, BTD_DD and BTD_F) as TAXAV, β3 is significant and positive, which means the BTD of local SOEs in four provinces using after-tax profit as a performance evaluation index is higher.

Model (2) investigates how the different SOEs’ performance evaluation systems in different provinces influence the level of substitution between debt financing and tax avoidance. Similarly, we focus on γ6. We estimate, using ETR as TAXAV, γ6 is significant and positive. Meanwhile, using BTD (BTD_TOTAL, BTD_DD and BTD_F) as TAXAV, γ6 is significant and negative.

4. Empirical results and analysis

4.1. Descriptive statistics

reports the descriptive statistics of all variables.

Table 3. Descriptive statistics.

All continuous variables are winsorised at 1% and 99%. We find the mean of listed companies ETR in our sample is 22.1%, the median of listed companies ETR in our sample is 20.2%, which is less than the nominal corporate income tax rate 33% or 25%. The mean of listed companies BTD in our sample is 0.0104. The mean of D is 31.3%, which means 31.3% listed companies in our sample are located in Shanghai, Guangdong, Zhejiang or Fujian. The mean of LOCAL is 46.6%, which means 46.6% of listed companies in our sample are local SOEs. The mean of ROA is 7%. The mean of FIRST is 36.84% and the maximum value reaches 75.84%, as seen from the fact that the stock rights of listed companies in China are highly centralised. The mean of FIXED and INV are 29% and 23%.

reports the mean of all variables in different provinces for our sample. The nominal corporate income tax rates of different provinces cover a wide range. Chongqing, Shaanxi and Ningxia are less than 20%, and other provinces are more than 20%. The ETR of listed companies in Ningxia for our sample is lowest, 16.7% on average. Liaoning is highest, 25.7% on average. The SIZE of listed companies in Beijing for our sample is highest, and The LEV of listed companies in Qinghai is highest.

Table 4. Descriptive statistics by provinces.

A bivariate correlation matrix of the main variables is presented in . The correlation between BTD and ETR is significant and negative. The significantly negative relationship between the level of tax avoidance (ETR/BTD) and LOCAL suggests that the level of local SOEs tax avoidance is lower. Local SOEs have higher ETR and lower BTD than local non-SOEs. This means that on average local SOEs have lower tax avoidance than local non-SOEs.

Table 5. Correlation matrix of variables.

reports the univariate analysis results. On average, SOEs in four provinces using after-tax profit as a performance evaluation index have lower ETR and higher BTD compared with the other SOEs, which supports H1. On the other hand, non-SOEs in four provinces using after-tax profit as a performance evaluation index are not significantly different compared with the other non-SOEs, and BTD is similar to the results of SOEs. Based on the univariate analysis results, we have to use non-SOEs in different provinces as a baseline to exclude the province level difference of tax avoidance.

Table 6. Univariate analysis.

4.2. Empirical results

4.2.1. Empirical results of H1

presents the empirical results of H1. We use four proxies (ETR, BTD_TOTAL, BTD_DD and BTD_F) to measure tax avoidance.

All the regression results control for the fixed effect at year and industry level. T values are bracketed. Columns (1), (3), (5) and (7) present the regression results of local SOEs (LOCAL=1). The result is similar to the results of univariate analysis. SOEs in four provinces using after-tax profit as a performance evaluation index have significantly lower ETR and higher BTD_TOTAL/BTD_DD compared with the other SOEs. Columns (2), (4), (6) and (8) present the regression results of DID using non-SOEs as a baseline. The coefficient of LOCAL suggests SOEs have a lower level of tax avoidance (higher ETR and lower BTD_TOTAL/BTD_DD) in general. Furthermore, the coefficient of D_LOCAL means that SOEs in four provinces using after-tax profit as a performance evaluation index have significantly lower ETR and higher BTD_TOTAL/BTD_DD, which excludes other province-level difference of tax avoidance by DID. Accordingly, hypothesis H1 is supported.

Table 7. Empirical results of H1.

Although we use DID to exclude other province-level difference of tax avoidance, there still exists endogeneity. The performance evaluation system is not randomly set up by the local SASAC, and the tax avoidance level of firms in provinces may influence the choice of the performance evaluation index. We considered endogeneity in our regression models and adopted an instrumental variable (IV) approach and 2SLS method to resolve the problem of endogeneity. We choose four province level exogenous variables, including fiscal budget net income of the province (NETBUDGET), total tax of local SOEs (TAX from SOE), GDP of the province (GDP) and total export-import volume (IMEXPORT). In this paper, we use the means of these four variables from Citation2000 to Citation2003 respectively as IV, which conforms to conditions of IV. On the one hand, the means of these four variables from Citation2000 to Citation2003 respectively have a high correlation with the choice of the performance evaluation index. The majority of provinces in our sample have set up performance evaluation systems since 2004, and the economic growth of the provinces will influence the choice of the performance evaluation index directly. For example, fiscal budget net income of the province will affect the choice of the performance evaluation index. On the other hand, these four variables are not correlated with the tax avoidance of firms directly; in particular, especially we use the mean from Citation2000 to Citation2003. In second stage of 2SLS, our sample is from Citation2007 to Citation2015. It seems impossible that the tax avoidance level of a firm will be influenced by the province level tax income and economic growth in previous years.

shows the results of the first stage of 2SLS. Column (1) presents the results of regression with four IVs.

Table 8. H1 first stage of 2SLS.

Column (2) presents the results of regression with four IVs and the means of control variables from Citation2000 to Citation2003 respectively. In the first stage of 2SLS, each observation is a firm, therefore the number of observations is 959. It is more reasonable using a province level sample to estimate the choice of the performance evaluation index; however, the number of provinces in China is only 28, which cannot guarantee the accuracy of estimation. shows that the coefficients of four IVs is significance at 1%, suggesting they are highly correlated with the choice of the performance evaluation index. Comparing column (1) with column (2), we find the R2 in column (1) is 63%, and it is 67% in column (2), which means the control variables have slight incremental information.

shows the results of the second stage of 2SLS.

Table 9. H1 second stage of 2SLS.

In the second stage of 2SLS, we substitute D estimated in the first stage of 2SLS (D1) for D in the main results of H1. The results correspond to the main results of H1. After resolving the problem of endogeneity by IV and 2SLS, we still find that H1 is supported.

4.2.2. Empirical results of H2

presents the empirical results of H2.

Table 10. Empirical results of H2.

The dependent variable is LEV, the proxy of tax avoidance in columns (1) and (2) is ETR, BTD_TOTAL in columns (3) and (4), BTD_DD in columns (5) and (6), BTD_F in columns (7) and (8). D_TAXAV and LOCAL_TAXAV is not significant in the results, suggesting the level of substitution between debt financing and tax avoidance is not significantly different between SOEs and non-SOEs. Furthermore, firms in different provinces have a similar level of substitution between debt financing and tax avoidance.

In columns (2), (4), (6) and (8), D_LOCAL_TAXAV is significant and consistent with prediction. Compared with other SOEs, SOEs located in the provinces that use after-tax profit have a higher level of substitution between debt financing and tax avoidance.

5. Conclusion

This article examines how the performance evaluation of SOEs influences tax avoidance and capital structure. On one hand, performance evaluation plays a critical role in corporate governance to reduce agency cost. On the other hand, tax is also a key element in operational and financial decisions. As a result, it is an important empirical question of how the tax consideration embedded in a CEO’s compensation contract could affect operational and financial decisions.

We take the unique institutional background in China and analyse the influence of different performance measures used in different local SASACs on the tax avoidance and capital structure. Since 2004, central and local SASACs have released methods to evaluate the CEOs in SOEs under their control. We find that Shanghai, Guangdong, Zhejiang and Fujian choose after-tax profit as the annual performance measures while central SASACs and other provinces use before-tax profits. We have two major findings: (1) compared with SOEs that use before-tax profit as the evaluation index, SOEs that use after-tax profit have lower a ETR and a higher BTD; (2) compared with SOEs that use before-tax profit as the evaluation index, SOEs that use after-tax profit have a higher level of substitution between debt financing and tax avoidance. These two findings conclude that when considering the cost of tax in a performance evaluation process, firms’ operational and financial decisions will be affected.

We have two theoretical contributions. First, we test the relation between performance evaluation systems and corporate tax avoidance behaviour. We explain the high tax burden of SOEs from the compensation contract aspect. Second, our performance evaluation measures are made by local SASACs, not firms and this can mitigate the endogeneity problem to a large extent. Similar research using US data has large endogenous problems because the decision to use before-tax or after-tax profit a as performance measure is made by the firm itself.

This paper also has practical contributions. We reveal the role the compensation contract plays in corporate governance. We show that the performance evaluation system can directly influence CEO’s motivations and outcomes of the firm. In conclusion, it is of vital importance to pick up proper performance evaluation measures to promote the reform of SOEs.

Additional information

Funding

This work was supported by the Key Program of National Natural Science Foundation of China [71632006];National Natural Science Foundation of China [71272008];the Graduate Innovation Program of Shanghai University of Finance and Economics [2016110919];the MOE Project for Key Research Institutes of Humanities and Social Science in Universities [14JJD630005];the Program of the Shanghai Municipal Education Commission [2014111143];the MOE Project for Key Research Institutes of Humanities and Social Science in Universities [11JJD790008];

Notes

1 We find that each province in our sample includes return on equity (ROE) as an evaluation index for local SOEs. Since ROE is calculated as after-tax profit divided by total assets, CEOs of SOEs in each province would care about after-tax profit. We believe that this phenomenon will not influence the argument and results in this paper because the incentive of tax avoidance driven by ROE index is the same for SOEs in each state. Our results show the marginal effect of choice between after-tax profit and before-tax profit on tax avoidance, conditional on common incentives from ROE. Furthermore, the weight on after-tax profit/before-tax profit is large enough to drive the results. Taking Guangdong province as an example, the score on ROE is 20 points while the score on after-tax profit is also 20 points. As a result, the weight on after-tax is big enough to influence the SOEs’ tax avoidance motivation.

2 In August 2003, Shanghai released Opinions of Reform of the Management of SOEs ([Citation2003] No.13). This Opinions includes six attachments, and Performance Evaluation Method for Executives in SOEs of Shanghai is one of them.

3 In September, Citation2007, SASAC in Zhejiang released Performance Evaluation Method for Executives in SOEs of Zhejiang and clearly makes after-tax profit a performance measure.

4 In general, tax saving through debt financing will not influence ETR and BTD.

5 Because the data of performance evaluation systems in these three provinces are missing.

References

  • Armstrong, C. S., Blouin, J. L. & Larcker, D. F. (2012). The incentives for tax planning. Journal of Accounting and Economics, 53(1–2), 391–411.
  • Chen, D. H., Liang, S. K. & Jiang, D. Q. (2010). How marketization affects incentive contract costs and choices: perks or monetary compensations. Accounting Research, (11), 56–64 (in Chinese).
  • Chen, K. P. & Chu, C. Y. C. (2005). Internal control versus external manipulation: A model of corporate income tax evasion. The Rand Journal of Economics, 1(36), 151–164.
  • Chen, X. & Li, J. (2001). Exploring the role of local government fiscal supports in accounting performance of the listed companies. Accounting Research, (12), 20–28 (in Chinese).
  • Chen, Z. & Ding, Z. M. (2011). A study on executive compensation of monopoly industry based on managerial power approach. China Industrial Economics, (9), 119–129 (in Chinese).
  • Desai, M. A. (2003). The divergence between book income and tax income. Tax Policy and the Economy, 17, 170–206.
  • Desai, M. A. & Dharmapala, D. (2006). Corporate tax avoidance and high-powered incentives. Journal of Financial Economics, 79(1), 145–179.
  • Desai, M. A., Dyck, A. & Zingales, L. (2007). Theft and taxes. Journal of Financial Economics, 84(3), 591–623.
  • Doidge, C. & Dyck, A. (2015). Taxes and corporate policies: evidence from a quasi natural experiment. The Journal of Finance, 70(1), 45–89.
  • Du, F., Tang G., & Young S. M. (2012). Influence activities and favoritism in subjective performance evaluation: evidence from Chinese state-owned enterprises. The Accounting Review, 87(5), 1555–1588.
  • Du, X. Q. & Wang, L. H. (2007). Empirical research on correlation between compensation schemes of management and the change of performance of public listed companies. Accounting Research, (1), 58–65 (in Chinese).
  • Faccio, M. & Xu, J. (2015). Taxes and capital structure. Journal of Financial and Quantitative Analysis, 50(3), 277–300.
  • Fan, Z. Y. & Tian, B. B. (2013). Tax competition, tax enforcement and tax avoidance. Economic Research Journal, (9), 99–111 (in Chinese).
  • Fang J. X. (2009). Is top management compensation of Chinese public companies sticky? Economic Research Journal, (3), 110–124 (in Chinese).
  • Fang J. X. (2011). Managerial power and asymmetry of compensation change in China’s public companies. Economic Research Journal, (4), 107–120 (in Chinese).
  • Frank, M. M., Lynch L. J., & Rego, S. O. (2009). Tax reporting aggressiveness and its relation to aggressive financial reporting. The Accounting Review, 84(2), 467–496.
  • Gaertner, F. B. (2014). CEO after-tax compensation incentives and corporate tax avoidance. Contemporary Accounting Research, 31(4), 1077–1102.
  • Gallemore, J., Maydew, E. L. & Thornock, J. R. (2014). The reputational costs of tax avoidance. Contemporary Accounting Research, 31(4), 1103–1133.
  • Graham, J. R., Raedy, J. S., & Shackelford, D. A. (2012). Research in accounting for income taxes. Journal Of Accounting and Economics, 52(1), 412–434.
  • Graham, J. R., & Tucker, A. L. (2006). Tax shelters and corporate debt policy. Journal of Financial Economics, 81(3), 563–594.
  • Hanlon, M. & Heitzman, S. (2010). A review of tax research. Journal of Accounting and Economics, 50(2–3), 127–178.
  • Hölmstrom, B. (1979). Moral hazard and observability. The Bell Journal of Economics, 10(1), 74–91.
  • Jensen, M. C. & Meckling, W. H. (1976). Theory of the firm: managerial behavior, agency costs and ownership structure. Journal of Financial Economics, 3(4), 305–360.
  • Jensen, M. C. & Murphy, K. J. (1990a). Performance pay and top-management incentives. Journal of Political Economy, 98(2), 225–264.
  • Jensen, M. C. & Murphy, K. J. (1990b). CEO incentives—it’s not how much you pay, but how. Journal of Applied Corporate Finance, 3, 36–49.
  • Lei, G. Y., Li, F. & Jin, X. (2010). Stock split reform, CEO compensation and accounting performance sensitivity. China Accounting Review, (1), 17–30 (in Chinese).
  • Li, W. A. & Xu, Y. K. (2013). The effect of political identity on tax avoidance. Journal of Financial Research, (3), 114–129 (in Chinese).
  • Li, W. F. & Chen, H. L. (2012). Internal control and corporate real tax burden. Journal of Financial Research, (9), 195–206 (in Chinese).
  • Liu, H. & Li, X. R. (2012). Pyramidal structure, tax burden and firm value: Empirical research based on the local state-owned enterprises. Management World, (8), 91–105 (in Chinese).
  • Liu, H. L., Zhang, M., Wang, Y. P. & Wu, L. S. (2010). Political connections, compensation incentive, and employee allocation efficiency. Economic Research Journal, (9), 109–121 (in Chinese).
  • Liu, W. F., Sun, Z. & Li, Z. Q. (2007). Government interference, trade competition and remuneration contracts. Management World, (9), 76–84 (in Chinese).
  • Liu, X. & Ye, K. T. (2014). Financial development, property rights and corporate tax burden. Management World, (3), 41–52 (in Chinese).
  • Lu, R., Liu, J. H. & Xu, N. (2011). Internal control, property right and executive pay–performance sensitivity. Accounting Research, (10), 42–48 (in Chinese).
  • Manzon Jr, G. B. & Plesko, G. A. (2001). The relation between financial and tax reporting measures of income. Tax Law Review, 55, 176–195.
  • Modigliani, F. & Miller, M. (1963). Corporate income taxes and the cost of capital: A correction. American Economic Review, 53, 433–443.
  • Phillips, J. D. (2003). Corporate tax-planning effectiveness: the role of compensation-based incentives. The Accounting Review, 78(3), 847–874.
  • Plesko, G. (2003). An evaluation of alternative measures of corporate tax rates. Journal Of Accounting and Economics, 35(2), 201–226.
  • Richardson, G., Lanis, R. & Leung, S. C. (2014). Corporate tax aggressiveness, outside directors, and debt policy: an empirical analysis. Journal of Corporate Finance, 25, 107–121.
  • Schön, W. (2008). Tax and corporate governance: A legal approach. Germany, Berlin: Springer.
  • Shackelford, D. A. & Shevlin, T. (2001). Empirical tax research in accounting. Journal of Accounting and Economics, 31(1–3), 321–387.
  • Shao, P., Liu, L. & Kong, A. G. (2008). Analysis on the sensitive factors between executive officer’s payment and corporate performance. Journal of Finance and Economics, (1), 94–105 (in Chinese).
  • Wang, Y. T., Wang, G. J. & Peng, Y. (2010). Ownership nature of ultimate controller, debt-related tax shields and capital structure. Economic Research Journal, (9), 122–136 (in Chinese).
  • Wang, Y. T., Wang, G. J. & Peng, Y. (2012). Does ownership nature affect tax sensitiveness? Evidence based on firm’s labor demand. Economic Research Journal, (4), 52–63 (in Chinese).
  • Wei, G. (2000). Incentives for top management and performance of listed companies. Economic Research Journal, (3), 32–39 (in Chinese).
  • Wu, L. S. (2009). State ownership, preferential tax, and corporate tax burdens. Economic Research Journal, (10), 109–120 (in Chinese).
  • Wu, W. F., Wu, C. F., & Rui, M. (2009). Between the special connections that high-ranking managers of some of China’s listed companies have with the government and tax preference afforded to them. Management World, (3), 134–142 (in Chinese).
  • Xiao, J. H. (2005). An empirical research on executive compensation performance sensitivity based on different ownership characteristics. Nankai Business Review, (3), 18–24 (in Chinese).
  • Xin, Q. Q., & Tan, W. Q. (2009). Market-oriented reform, firm performance and executive compensation in Chinese state-owned enterprises. Economic Research Journal, (11), 68–81 (in Chinese).
  • Xu, X. Y., Wang, J. W. & Gong, Z. (2007). Research on relationship between managerial remuneration and firm performance-an empirical study of Chinese listed companies. China Industrial Economics, (2), 94–100 (in Chinese).
  • Xue, S., Du, W. F. & Hong, Y. (2012). CFO’s power and corporate tax burden level: An analysis from the perspective of corporate ownership. Journal of Finance and Economics, (10), 57–67 (in Chinese).
  • Yang, Q., Gao, M. & Yurtoglu, B. B. (2009). On the director compensation, CEO compensation and firm’s performance. Journal of Financial Research, (6), 111–127 (in Chinese).
  • Zeng, Y. M. & Zhang, J. S. (2009). Can the supervision of tax collection play a role in the governance of companies? Management World, (3), 143–151 (in Chinese).
  • Zhang, C. & Lyu, W. (2011). Research on market competition, property right arrangement and real corporate income tax burden. Taxation Research Journal, (5), 46–49 (in Chinese).
  • Zhang, J. R., Zhao, J. W. & Zhang, J. (2003). Empirical analysis on pertinence between senior management and listed company’s operation performance. Accounting Research, (9), 29–34 (in Chinese).
  • Zhang, M. & Chen, Z. (2006). A positive research on the connotative incentive of top executive’s compensation. Journal of Finance and Economics, (3), 56–63 (in Chinese).
  • Zhou, J. N. & Huang, S. D. (2006). Risk and performance pay sensitivity in managerial compensation: Evidence from listed companies in China. Accounting Research, (4), 44–50 (in Chinese).
  • Zhou, Y. A. & Zhao, X. N. (2002). A study of the competitive patterns between local governments. Management World, (12), 52–61 (in Chinese).
  • Zhu, K. & Sun, H. (2014). Tax regulation, operation related-party transactions and firm value. Journal of Finance and Economics, (7), 77–85 (in Chinese).
  • Zhu, K. & Yu, W. F. (2010). Nature of controlling interest, tax shield of debts and equity financing preference in China. Journal of Finance and Economics, (12), 116–127 (in Chinese).

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