WMAC7893 Module 12 RRM
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Robert Stinson
WMAC 7839
Spring 2023
Module 12
Tax avoidance is practiced by many to varying degrees of success. SABMiller took aggressive tax positions that many felt were improper. SABMiller utilized tax havens, strategic royalties scheme, setting up a management services company in Switzerland, and floating money
through the related parties via intra-company lending. The avoidance of taxes through these and other means prompts a discussion on corporate responsibility and taxation.
SABMiller upheld the letter of the law while falling short of the spirit. While the company did not take indefensible tax positions, the manner in which it reduced its tax burden does not fit the intention of tax statutes. Simply, SABMiller took advantage of lax taxation laws in other countries to skirt their taxpaying responsibility at home (Hess & Alexander, 2015). Avoidance of owed taxes contributes to the tax gap, which is the amount of taxes known and not paid. Underreported income is the greatest contributor to the tax gap (Nichols & Richardson, 2008). The spirit of taxes is to have everyone pay their proper share. Tax avoidance schemes utilizing loopholes violate the spirit of tax law.
I do not find SABMiller’s actions responsible, but I can understand why others may disagree. Corporations with near infinite resources are better able to take advantage of legal loopholes. I believe corporations have a responsibility to pay appropriate taxes in areas where they generate revenue. However, I imagine shareholders may have a different opinion. Given the earnings of a multinational conglomerate like SABMiller, the tax bill can be quite burdensome. Aggressive tax strategies can curtail a significant expense, increasing earnings and shareholder equity. Certainly, it is not reasonable to expect big business to pay every possible tax applicable to their situation, but there should be a higher standard for large businesses to pay an appropriate share. Others agree with this idea. The public is generally aware of the impact of
tax evasion on government budgets. However, on a list of criminal offenses, tax evasion ranked as only somewhat serious (Burton et. Al, 2005). There must be a middle ground to balance public duty and shareholder earnings.
I am not a huge proponent of the company’s tax avoidance strategies. Businesses, even multinational conglomerates, exist to serve their communities. The character they demonstrate places a greater emphasis on earnings compared to community responsibility. Given the size of the company, numerous tax professionals likely review company financials to reduce the tax burden. This is a good place to highlight the role tax preparers play in taking appropriate tax positions. Tax professionals are frequently pressured to generate the greatest tax savings. However, they have a professional duty to properly inform clients of potentially fraudulent tax positions. This further emphasizes the need for professional skepticism when evaluating a company’s tax policies (DeZoort et. Al, 2012). SABMiller took a savvy tax position to save millions in tax payments. While executives and shareholders were likely thrilled with the savings, there is a cost to the community. Each entity, whether individual or business, has a responsibility to pay its fair share, and avoidance of responsibility is a major character flaw
Robert Stinson
WMAC 7839
Spring 2023
References
Burton, H.A., Karlinsky, S.S., & Blanthorne, C. (2005). Perception of a White‐Collar Crime: Tax Evasion.
F. Todd DeZoort, Paul D. Harrison, Edward J. Schnee; Tax Professionals' Responsibility for Fraud Detection: The Effects of Engagement Type and Audit Status. Accounting Horizons 1 June 2012; 26 (2): 289–306. https://doi.org/10.2308/acch-50137
Megan F. Hess, Raquel Meyer Alexander; Brewing Up Controversy: A Case Exploring the Ethics of Corporate Tax Planning. Issues in Accounting Education 1 November 2015; 30 (4): 311–
327. https://doi.org/10.2308/iace-51178
Nancy B. Nichols; Criminal Prosecution of Tax Return Preparers. The ATA Journal of Legal Tax Research 1 December 2008; 6 (1): 24–42. https://doi.org/10.2308/jltr.2008.6.1.24
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