Tax Risk and the Cost of Equity Capital Michelle Hutchens Indiana University Sonja Rego* Deloitte Foundation Accounting Faculty Fellow Indiana University September 2013 Abstract A primary benefit of corporate tax avoidance is greater after-tax cash flows and therefore, increased shareholder value. However, in the accounting literature, some measures of aggressive tax avoidance have also been utilized as proxies for the level of a firm’s tax risk, since aggressive tax strategies involve uncertain future outcomes and can impose significant costs on the firm. This study evaluates the extent to which proxies for aggressive tax avoidance capture a firm’s tax risk, as measured by a positive association with the implied cost of equity capital. We find that the level of a firm’s reserve for income taxes is significantly, positively associated with the cost of equity capital, consistent with tax reserves capturing uncertainty surrounding a firm’s future after-tax cash flows. We also find that several other proxies for tax risk are not significantly associated with the cost of equity capital, including cash effective tax rates. We conclude that these tax metrics do not capture uncertainty surrounding a firm’s future after-tax cash flows. Keywords: Tax risk, cost of capital, tax reserves, uncertain tax positions, tax avoidance. * Corresponding Author: Indiana University; Kelley School of Business; 1309 E. 10th St., Bloomington, IN 47405. Office: (812) 855-6356; Email: [email protected]. We are grateful for helpful comments from T.J. Atwood, Daniel Beneish, Joe Fisher, Leslie Hodder, Pat Hopkins, Nathan Marshall, Brian Miller, John Phillips, Mort Pincus, Terry Shevlin, Logan Steele, Siew Hong Teoh, Jim Wahlen, Dave Weber, Michael Willenborg and workshop participants at Florida State University, Indiana University, University of California – Irvine, and the University of Connecticut. Professor Rego appreciates research funding from the Deloitte Foundation and the Kelley School of Business. 1. Introduction Since the Sarbanes-Oxley Act of 2002, many tax professionals have shifted their focus from traditional tax compliance and planning to “tax risk management.” As a result, public accounting firms regularly publish “tax risk management” surveys and market “tax risk management” services. Consistent with this shift, a 2004 Ernst & Young survey indicates that 68 percent of tax directors view tax risk management a “critical factor” in corporate governance, while 91 percent claim they receive “active direction” from their CEO and/or CFO on tax risk matters (Ernst & Young 2004). More recently, increased scrutiny by global tax authorities, changes in tax reserve disclosure requirements for both financial and tax reporting purposes,1 combined with substantial economic uncertainty since the start of the financial crisis have only further heightened tax practitioners’ focus on tax risk management (Ernst & Young 2011). Tax practitioners often define “tax risk” as involving transactional risk, operational risk, compliance risk, and financial reporting risk.2 For purposes of this study, we define tax risk as all tax-related risks and uncertainties associated with a firm’s operating, investing, and financing decisions, including uncertainty in the application of tax law to company facts, the risk of audit, including assessments of additional tax, interest, and penalties, and uncertainty in the financial accounting for income taxes. Taken together, these tax-related risks and uncertainties can impose substantial costs on a firm, both in current and future time periods. However, it is 1 FASB Interpretation No. 48 “Accounting for Uncertainty in Income Taxes,” codified in ASC 740 and commonly referred to as “FIN 48,” now requires firms to disclose details regarding uncertain tax positions in their financial statements. In addition, Schedule UTP requires businesses that disclose uncertain tax positions in their financial statements to provide additional information in their federal income tax returns regarding uncertain tax positions. 2 A PriceWaterhouseCoopers guide to tax risk management lays out four primary components of tax risk including transactional risk (uncertainty in a specific transaction in either law or fact, or risk through extreme complexity), operational risk (uncertainty in applying tax laws to regular operations), compliance risk (reliance on professionals and accounting systems in gathering data for tax return preparation), and financial accounting risk (uncertainty in estimates made in the tax accrual and tax related financial statement disclosures) (PriceWaterhouseCoopers 2004). Grant Thornton also defines tax risk as including the same four components, plus personal tax risk (http://www.grantthornton.com.au/Services/Tax/TaxRiskMgmt.asp). 1 unclear the extent to which investors measure and evaluate a firm’s “tax risk.” To that end, in this study we investigate the extent to which tax risk is associated with a firm’s implied cost of equity capital. We examine the association between tax risk and the implied cost of equity capital for several reasons. First, Rego and Wilson (2012) provide evidence that empirical proxies for tax risk are positively associated with equity risk incentives, stock return volatility, and the standard deviation of pretax income. Their results suggest a link between tax risk and firm risk. Second, we primarily focus on the cost of equity capital rather than other measures of firm risk because all else equal, the benefits of tax risk (i.e., lower tax liabilities) accrue to shareholders. Moreover, greater tax risk (as defined in this paper) increases uncertainty regarding a firm’s future after-tax cash flows, and thus should impact a firm’s implied cost of equity capital. Given the difficulty in measuring a firm’s tax risk and cost of equity capital, we utilize several proxies for each underlying construct. Because our study utilizes a broad definition of tax risk (see above), we require a tax risk metric that captures the tax consequences for a broad set of transactions that involve greater levels of uncertainty with regard to future after-tax cash flows. Recent accounting studies utilize discretionary permanent book-tax differences and tax shelter prediction scores as proxies for “aggressive” tax avoidance, which involves a high degree of uncertainty with respect to future tax payments (e.g., Frank, Lynch, and Rego 2009; Wilson 2009; Lisowsky 2010; Rego and Wilson 2012). In addition, Lisowsky et al. (2013) provide evidence that the contingent liability for income taxes (aka tax reserve) is a superior predictor of tax shelter activity relative to other measures of aggressive tax avoidance.3 We utilize all three 3 The contingent liability for income taxes (aka tax cushion, tax reserves, and/or unrecognized tax benefits as disclosed under FIN 48) represents the amount of income taxes that the firm may be required to pay to tax authorities related to uncertain tax positions. For example, if a firm deducts an expense that is more likely than not 2 measures (i.e., tax reserves, discretionary book-tax differences, and a tax shelter prediction score) as proxies for a firm’s exposure to tax risk. Consistent with Rego and Wilson (2012), we assert that aggressive tax positions increase the uncertainty surrounding future after-tax cash flows.4 As a result, increased tax aggressiveness leads to increased tax risk and higher cost of equity capital. Contrary to some recent studies, we do not consider the cash effective tax rate (ETR) a proxy for aggressive tax positions. The cash ETR compares cash taxes paid to adjusted pretax income, often over an extended period of time. Because tax strategies that reduce cash tax payments (but not adjusted pretax income) reduce a firm’s cash ETR, this tax avoidance measure captures tax planning that involves both certain and uncertain outcomes. Thus, we view the cash ETR as a weak proxy for aggressive tax positions but also the most direct measure of the cash tax savings from tax avoidance strategies, which should increase shareholder value. Koester (2011) hypothesizes that investors positively value uncertain tax avoidance because they expect firms to retain most of their unrecognized tax benefits (i.e., the tax savings from tax avoidance strategies) and because uncertain tax avoidance signals that managers are good stewards of shareholder wealth. Indeed, Koester finds a positive association between tax reserves and stock price. However, this positive association does not address the extent to which tax risk (as defined in this study) is reflected in a firm’s cost of equity capital. Because our proxies for tax risk potentially reflect the tax savings from tax avoidance strategies and uncertainty surrounding to be rejected by the Internal Revenue Service, then the firm must increase the tax reserves reported in its financial statements by the tax benefit associated with the expense deduction. See section 2 for more detailed discussion. 4 Our views of tax aggressiveness and tax risk are similar to those in Guenther, Matsunaga, and Williams (2013). Those authors define tax aggressiveness as the extent to which a firm takes tax positions that are unlikely to survive a challenge by the IRS (as measured by a firm’s tax reserves) and tax risk as uncertainty regarding the firm’s future tax payments (as measured by the firm’s volatility of cash effective tax rates). 3 future after-tax cash flows, we control for the cash tax savings generated by tax avoidance strategies (as measured by cash ETRs) in our multivariate tests. Similar to tax risk, the cost of equity capital is not directly observable. However, accounting research has developed a variety of empirical proxies for the rate of return that investors require from their equity investments. Consistent with several recent studies (Dhaliwal et al. 2006; Hail and Leuz 2006; Daske et al. 2008; Callahan et al. 2012), we calculate a firm’s implied cost of equity capital as the average of four measures developed in prior research.5 A firm’s cost of equity capital is comprised of the risk-free rate of return and a risk premium, which has been empirically linked to firm-specific risk factors including firm size, book-to-market ratio, beta, leverage, and accrual and internal control quality (e.g., Francis et al. 2004; Dhaliwal et al. 2006; Hail and Leuz 2006; Ashbaigh-Skaife et al. 2009; Callahan et a. 2012). Additionally, Lambert et al. (2007) provide evidence that higher quality accounting information and higher quality firm disclosures reduce a firm’s cost of equity capital. They demonstrate that the quality of accounting information influences investors’ assessments of uncertainty surrounding a firm’s future cash flows, which has a direct effect on the assessed covariances with other firms’ cash flows and thus impacts the firm’s cost of equity capital. If our proxies for tax risk influence investors’ assessments of the distribution of future after-tax cash flows, then they should be associated with the cost of equity capital. We provide consistent evidence that the total amount of tax reserves disclosed under FIN 48 is positively associated with the implied cost of equity capital. In contrast, the one-year change in tax reserves, discretionary permanent book-tax differences, and a tax shelter prediction score are not significantly associated with the cost of equity capital. These results suggest that 5 Specifically, we use the implied cost of capital measures developed in Claus and Thomas (2001), Gebhardt, Lee, and Swaminathan (2001), Ohlson and Juettner-Nauroth (2005), and Easton (2004). 4 larger reserves for income taxes increase investors’ assessments of uncertainty surrounding a firm’s future after-tax cash flows, while the other proxies for tax risk do not. We also find that the cash tax savings from income tax avoidance (as measured by cash ETRs) are not significantly associated with the implied cost of equity capital.6 We note that our primary analyses control for numerous firm characteristics that influence expected future cash flows, including characteristics related to a firm’s operating, investing, and financing activities. Given findings in Guenther, Matsunaga, and Williams (2013), we re-estimate our cost of capital regressions to include an alternative proxy for tax risk – the volatility of cash ETRs – in addition to our other proxies for tax risk. We continue to find that tax reserves are positively associated with the implied cost of capital, while other tax metrics, including cash ETR volatility, are not. Taken together, we infer that investors perceive larger tax reserves as requiring greater equity risk premiums, while other measures of tax risk and tax avoidance are not associated with the implied cost of equity capital. In supplemental analyses, we also examine whether tax reserves are associated with other measures of firm risk. Based on evidence in Rego and Wilson (2012) that tax risk is positively associated with stock return volatility, we utilize current year stock return volatility as one alternative measure of firm risk. We also utilize operating cash flow volatility and market beta as additional measures of firm risk. While the stock return and cash flow volatility measures reflect dispersion in expected and actual payoffs, respectively, market beta captures systematic (i.e., non-diversifiable) firm risk. In analyses that regress these alternative measures of firm risk on tax risk and control variables we find that tax reserves are positively associated with both 6 This result is contrary to findings in Goh, Lee, Lim, and Shevlin (2013), which finds that greater tax avoidance – as proxied by lower cash ETRs – is associated with significantly lower implied cost of equity capital. Given the different sample periods between the two studies, and the absence of a proxy for tax risk in the Goh et al. (2013) regression model, it is difficult to reconcile our contrasting findings. 5 stock return and cash flow volatility, but negatively related to market beta. Similar to our findings for the cost of equity capital, the results for tests based on stock return volatility as our measure of firm risk suggest that investors perceive larger tax reserves as increasing the uncertainty surrounding expected future after-tax cash flows. Our study provides initial insights into whether and how investors evaluate tax risk. Prior research develops a variety of tax measures and acknowledges that each of these proxies captures different aspects of aggressive tax planning and tax risk (Hanlon and Heitzman 2010). FIN 48 specifically claims to improve financial reporting by providing “more information about the uncertainty in income tax assets and liabilities.” Consistent with that claim and with findings in Lisowsky et al. (2013), our study highlights the uniqueness of tax reserves as a measure of tax risk. We find that discretionary book-tax differences, a tax shelter prediction score, and cash effective tax rates are not associated with the implied cost of equity capital and therefore, likely do not capture greater investor uncertainty regarding future after-tax cash flows. In contrast, tax reserves are associated with the implied cost of capital and therefore, capture some aspects of a firm’s overall tax risk. Our findings also contribute to the growing literature on uncertain tax positions as disclosed under FIN 48. Our results combined with those in Koester (2011) suggest investors understand that a firm’s tax reserves reflect both cash tax savings from tax avoidance strategies and uncertainty surrounding future after-tax cash flows (i.e., tax risk). Overall, our results are consistent with transparency in the reporting of uncertain tax positions under FIN 48 providing investors with value-relevant information regarding a firm’s exposure to tax risk. 6 2. Background and Hypothesis Development 2.1 Aggressive Tax Avoidance and Tax Risk Recent research has evaluated the costs and benefits of “aggressive” tax avoidance, which is often defined as tax positions that involve greater uncertainty with respect to outcomes with tax authorities. In his evaluation of tax shelters, Weisbach (2001) asks why firms do not avoid more income taxes through tax shelter transactions, especially given the availability of tax shelters, the relatively low costs of implementation, and the low probability of challenge. A primary benefit of aggressive tax planning is greater after-tax cash flows and therefore, increased shareholder value. Frischmann et al. (2008) provide evidence that a firm’s initial disclosure of tax reserves related to “permanent,” uncertain tax positions is positively associated with abnormal stock returns in the 3-day window around the initial disclosure. Their result suggests that investors view uncertain tax avoidance as value enhancing. It is also consistent with uncertain tax positions possessing reputational benefits, as shareholders infer that management is a good steward of company resources (Koester 2011). However, tax strategies that involve greater uncertainty with respect to future outcomes are inherently risky and often involve significant costs. Firms with more aggressive tax strategies incur both internal and external costs to reduce their overall tax burden. Uncertain tax avoidance that involves unique transactions can be costly to implement, given complexities in the application of tax law and in understanding company facts (e.g., costs associated with internal tax staff, external tax service providers, and/or coordination with other functional units within the firm). Uncertain tax strategies also increase financial reporting risk, as the firm must decide whether each and every tax position requires a tax reserve under FIN 48 and if so, how 7 large the tax reserve must be.7 Tax risk can result from a firm’s tax positions coming under audit by the IRS or other tax authorities, in which case the firm can experience significant costs in complying with the audit and paying unpaid taxes, penalties, and/or interest. In addition, Balakrishnan, Blouin, and Guay (2012) provide evidence that tax aggressiveness reduces corporate transparency, as measured by larger analyst forecast errors and dispersion and greater information asymmetry. Their results are consistent with assertions in Desai and Dharmapala (2006, 2009) that aggressive tax avoidance obscures financial reporting and thus increases agency costs. In sum, increasing tax risk can impose significant costs on a firm. Since aggressive tax avoidance increases both tax risk and after-tax cash flows, it is unclear to what extent empirical proxies for uncertain tax avoidance capture tax risk, as defined in this paper. Tax strategies can have highly certain outcomes (e.g., tax-exempt interest income earned on municipal bonds) or highly uncertain outcomes (e.g., transfer pricing schemes designed to shift profits from high tax to low tax locations) and so the magnitude of tax risk can vary substantially across firms with seemingly similar rates of tax avoidance. For example, two firms can have identical cash ETRs but different levels of tax risk because one firm engaged in a highly uncertain tax shelter transaction while the other firm took advantage of bonus depreciation and tax-exempt interest income to reduce its cash ETR. Yet, it is unclear whether investors recognize and evaluate the differing levels of tax risk across these two firms. 2.2 Background on Tax Reserves (aka Unrecognized Tax Benefits) FASB Interpretation No. 48 Accounting for Uncertainty in Income Taxes, codified in ASC 740 (commonly referred to as “FIN 48”), requires firms to evaluate and disclose contingent 7 Since 2010, firms have also been required to provide detailed information in their U.S. federal income tax returns (on Schedule UTP) regarding the uncertain tax positions for which the taxpayer has recorded a reserve in its financial statements. Thus, tax reserve disclosures in a firm’s financial statements now subject the firm to even greater tax risk, since the IRS intends to use Schedule UTP to refine its audit process and procedures. 8 income tax liabilities. A firm’s contingent liability for income taxes, which we refer to as tax reserves, informs financial statement users of tax positions that have a relatively high level of uncertainty based on tax laws and therefore, tax positions that are inherently more risky. In 2006, FIN 48 required all publicly traded firms to record tax reserves on the balance sheet and also to disclose in the footnotes of the financial statements tabular details regarding tax reserves. A firm is required to record a tax reserve for the full benefit of any tax position that, based on tax laws and regulations, has a fifty percent chance or less of being successfully upheld. When evaluating the recognition of each tax position, FIN 48 requires a firm to assume that each position will be examined by the relevant tax authority, which has full knowledge of all relevant information.8 In addition, for any tax position deemed to have a greater than fifty percent chance of success based on the technical merits of the position, the firm must record a tax reserve for the difference between the total benefit of the tax position and the amount that has a fifty percent likelihood of being sustained. In sum, FIN 48 requires firms to accrue and disclose tax reserves for tax positions that involve highly uncertain outcomes, and thus involve greater tax risk. Rego and Wilson (2012) utilize estimated tax reserves as a proxy for aggressive tax positions and find that equity risk incentives are associated with firms having larger estimated tax reserves, consistent with greater corporate risk-taking. In addition, Lisowsky et al. (2013) provide evidence that tax reserves are superior predictors of tax shelter activity relative to other measures of corporate tax avoidance. Given the stated purpose and rules embedded in FIN 48, it would seem that tax reserves are an appropriate proxy for tax risk. However, in a study examining whether investors view tax reserves as value-increasing or decreasing, Koester (2011) finds that tax reserves are positively associated with stock price. Nonetheless, this positive association between tax reserves and stock price does not address the question of whether greater 8 ASC 740-10-25-6 9 tax risk increases the rate of return that investors require from their equity investments in a firm (i.e., the firm’s cost of equity capital). Given her findings that investors positively value tax reserves, Koster (2011) suggests that uncertain tax avoidance in the current year is an indicator of future uncertain tax avoidance that will generate future tax savings. Based on this evidence, Koester posits that the expected future tax savings associated with uncertain tax avoidance are larger than the expected costs generated by such avoidance. However, when examining the association between a given parameter and a firm’s stock price it is difficult to separate the impact on a firm’s cost of equity capital and the impact on forecasted cash flows (Botosan and Plumlee 2005). By utilizing the cost of equity capital as our dependent variable, while controlling for current year cash ETRs, we attempt to carefully evaluate the extent to which tax risk is reflected in tax reserves. However, while tax reserves are designed to quantify uncertain tax positions, they are influenced by managerial discretion and judgment and are subject to manipulation by opportunistic managers. In fact, Cazier et al. (2012) provide evidence that tax reserves are frequently used to achieve earnings targets, even in the post-FIN 48 time period. Thus, it is an empirical question whether tax reserves accurately capture a firm’s tax risk. 2.3 Tax Risk and the Cost of Equity Capital Lambert et al. (2007) provide evidence that despite the ability of investors to diversify risk, higher quality accounting information and higher quality firm disclosures reduce a firm’s cost of equity capital. They demonstrate that the quality of accounting information influences investors’ assessments of uncertainty surrounding a firm’s future cash flows, which affects the assessed covariances with other firms’ cash flows and thus impacts the firm’s cost of capital. Lambert et al. (2007) also show that accounting system quality has an indirect effect on a firm’s 10 cost of capital, since accounting system quality affects firms’ real decisions and real decisions influence expected net cash flows to investors. Expanding on Lambert et al.’s (2007) analysis, Ashbaugh-Skaife et al. (2009) provide evidence that firms with weak internal controls have higher implied costs of equity capital. They theorize that when a firm reports internal control deficiencies, the quality of the firm’s accounting signals is impaired, limiting an investor’s ability to assess the firm’s cash flows relative to those of the market. To better understand a firm’s implied cost of equity capital, accounting researchers have also evaluated the association between the implied cost of capital and disclosure level (Botosan 1997; Botosan and Plumlee 2002), accruals quality (Francis et al. 2004), and financial reporting under FIN 46 (Callahan et al. 2012). In addition, Dhaliwal et al. (2006) provide evidence that the positive association between the cost of equity capital and leverage is decreasing in a firm’s tax benefit from debt. In their research setting, income taxation generates cost savings (i.e., tax deductions for interest expense) for highly levered firms, which moderates the association between the implied cost of capital and leverage. However, to our knowledge, prior research has not evaluated whether a firm’s tax risk is reflected in its cost of equity capital. In this study, we assert that a firm’s exposure to tax risk should be reflected in its implied cost of equity capital, where greater tax risk involves greater uncertainty surrounding future after-tax cash flows. Income taxes consume a large proportion of a firm’s pretax profits, and thus constitute a material, recurring expense that significantly impacts a firms’ after-tax cash flows. But income taxes are not only material, they are also highly complex. Today’s global businesses must contend with tax laws and tax authorities that not only cross state borders, but for U.S. multinational companies, they also cross international borders. Numerous strategies for 11 reducing global income tax liabilities exist, but given increased scrutiny by global tax authorities, substantial economic uncertainty since the onset of the financial crisis in 2008, and changes in tax reserve disclosure requirements for both financial and tax reporting purposes, these tax reduction strategies can expose firms to substantial tax risk.9 Building on Lambert et al. (2007), we argue that if tax risk influences investors’ assessments of the distribution of a firm’s future after-tax cash flows relative to those for the market, then tax risk should be associated with the cost of equity capital. Our first hypothesis, stated in the alternative: H1: Tax risk is positively associated with the cost of equity capital. Measuring tax risk (i.e., tax strategies that involve highly uncertain outcomes) has proven a difficult task for accounting researchers. Rego and Wilson (2012) utilize four different proxies for corporate tax avoidance, which they assert should reflect tax risk to varying degrees, although they acknowledge that all four proxies contain measurement error. For example, discretionary permanent book-tax differences (DTAX) do not capture uncertain tax avoidance that generates temporary (rather than permanent) book-tax differences. The tax shelter prediction score (SHELTER) provides insight into firm characteristics that are associated with aggressive tax sheltering; however, this proxy also captures many aspects of a firm’s business model and does not directly measure uncertain tax avoidance. Rego and Wilson (2012) also note that firms with low cash ETRs are as likely to employ low-risk tax reduction strategies as high-risk tax reduction strategies. In our research setting, tax reserves are the most direct measure of uncertain tax avoidance that is publicly available. Recall that FIN 48 requires firms to provide tax reserves for tax positions that are less than highly certain under the current tax law. As a result, we expect tax reserves to contain less measurement error than other proxies for a firm’s tax risk, which 9 The financial crisis increased tax risk at many firms because their pre-tax operating profits were subject to so much uncertainty they found it difficult to anticipate tax planning needs and strategies in a timely manner. 12 should translate into tax reserves having greater explanatory power for the cost of equity capital, relative to other proxies for tax risk. Thus, our second hypothesis (stated in the alternative) is: H2: Tax reserves are more highly associated with the cost of equity capital than other proxies for a firm’s tax risk. 3. Sample Selection Procedures & Research Design 3.1 Sample Selection The FASB required public companies to adopt the provisions of FIN 48 for their financial reporting year beginning after December 15, 2006.10 The sample for this study therefore includes all public firms with fiscal years ending between December 15, 2007 and December 31, 2011, for which we are able to gather all necessary data. To perform the empirical tests outlined below, we require: (1) annual financial statement data from the Compustat North America Fundamentals Annual database, (2) monthly stock return data from the CRSP Monthly Stock File, (3) daily stock price data from the CRSP Daily Stock File, and (4) analysts’ forecasts of earnings per share, dividends per share, book value per share, and long-term growth from the I/B/E/S Summary Statistics file. For a firm-year observation to be included in our final sample, the firm must have reported non-zero tax reserves in their financial statements and have the data necessary to compute other proxies for corporate tax avoidance.11 To compute DTAX, we require each industry-year combination to have at least 15 observations (Frank et al. 2009). To compute SHELTER, we require each industry-year combination to have at least 5 observations for the 10 FASB Interpretation No. 48. We do not include in our sample firms that report zero tax reserves because we are concerned that some firms either chose or were not able to comply with FIN 48 (at least in the first several years after its implementation), in which case a zero tax reserve could indicate either highly certain tax positions or non-compliance. For future drafts of this study we intend to perform robustness tests that include in our sample firms with zero tax reserves to determine if our results are sensitive to their inclusion. 11 13 computation of discretionary accruals. To compute cash ETRs, we require a firm to have positive cumulative pretax income (adjusted for special items) for the five year period ending in the observation year and positive cumulative cash taxes paid over the same five year period. This restriction also focuses our analyses on firms that are more likely to engage in risky tax avoidance, as firms with cumulative losses likely have less incentive to tax plan (Rego and Wilson 2012). Each firm-year observation must also have the necessary data to compute the implied cost of equity capital and each control variable. We exclude real estate investment trusts, financial institutions, and utilities, as regulation of these industries likely affects both a firm’s cost of equity capital and tax risk tolerance. As reported in Table 1, we obtain 11,147 firm-year observations (2,989 unique firms) for which Compustat reports non-zero tax reserve data during our sample period. After applying all of the data restrictions described above, including the elimination of observations with cumulative pre-tax losses , our final sample includes 3,263 firm-year observations for 1,075 unique firms. We winsorize all continuous variables at the 1st and 99th percentiles. [Insert Table 1 here] 3.2 Research Design To examine the association between tax risk and the cost of equity capital (H1) we estimate the following regression model: AVG_RATEt = α1TAX_RISKt + α2CASH_ETRt + α3CAP_EXPt + α4R&Dt + α5SG&At + α6FOR_OPERt + α7LEVt + α8ROAt + α9DISCR_ACCRt + α10FC_BIASt + α11EARN_VOLt + α12MKTt + α13SMBt + α14HMLt (1), where tax risk represents our proxies for tax risk, including tax reserves, discretionary permanent book-tax differences (DTAX), and the tax shelter prediction score (SHELTER). We measure tax reserves in several ways. Our primary calculation is simply the total tax reserve reported at 14 fiscal year-end (TAX_RES). This amount captures all tax reserves on a firm’s balance sheet. We also calculate the change in total tax reserves from year t-1 to year t (TAX_RES), since investors may differentially evaluate a firm’s tax risk based on whether the firm increases or decreases its tax reserves during the current fiscal year. The dependent variable (AVG_RATE) is the average of four commonly-used implied cost of capital measures (discussed in greater detail below), less the median yield on a 10-year treasury bond. We include numerous variables to control for factors that are likely associated with a firm’s cost of equity capital. First, we control for firm characteristics that are known to be associated with corporate tax avoidance, but may also be associated with a firm’s implied cost of capital, including: capital and research and development expenditures (CAP_EXP and R&D, respectively), selling, general, and administrative costs (SG&A), the presence of foreign operations (FOR_OPER), leverage (LEV), profitability (ROA), and discretionary accruals (DISCR_ACCR). Second, we control for the cash tax savings from corporate tax avoidance (CASH_ETR), which should allow our proxies for tax risk to capture tax positions with greater uncertainty with respect to future outcomes. Third, given evidence in Hail and Leuz (2006), Daske et al. (2008), and McInnis (2010), we control for the potential influence of both analyst forecast errors (FC_BIAS) and earnings volatility (EARN_VOL) on the implied cost of capital. We also include the three Fama and French (1993) risk factors (MKT, SMB, and HML) in our implied cost of capital model, consistent with Dhaliwal et al. (2006).12 Lastly, we include firm and industry fixed effects. See Appendix A for complete descriptions of all variables. We next empirically evaluate which of our tax risk proxies has greater explanatory power for our model of the implied cost of capital (H2). Given that a firm’s reported tax reserves 12 Other studies include some or all of the firm characteristics that underlie the Fama and French (1993) risk factors (e.g., beta, size, and book-to-market ratio) directly in their cost of capital models (instead of the three Fama and French (1993) factors), including Hail and Leuz (2006), Ashbaugh-Skaife et al. (2009), and Callahan et al. (2012). 15 capture tax positions with a relatively high level of uncertainty, we expect total tax reserves to have greater explanatory power for our cost of capital model. However, tax reserves are subject to managerial discretion and therefore, it is possible that one of the other tax risk proxies has greater explanatory power for our cost of capital model. To empirically evaluate the explanatory power of each tax risk proxy, we utilize the Vuong (1989) likelihood ratio test for non-nested models13 and the Clarke (2003) paired sign test for non-nested models.14 Both tests compare the relative explanatory power of two separate estimations of equation (1), where each estimation is based on a different proxy for tax risk. The null hypothesis of the Vuong and Clarke tests is that both regression estimations are equally able to predict a firm’s cost of equity capital. The alternative hypothesis is that one model has greater explanatory power than the other. 3.3 Computing of the Implied Cost of Equity Capital Prior research utilizes a variety of methods for computing a firm’s implied cost of equity capital (e.g., Botosan and Plumlee 2005 review five common methods). Consistent with more recent research (Dhaliwal et al. 2006; Daske et al. 2008, Hail and Leuz 2009, Callahan et al. 2012), our primary proxy (AVG_RATE) is the average of four measures of the implied cost of capital, less the median rate on a 10-year Treasury bond for the year immediately preceding the date of the cost of capital computation.15 The four cost of capital measures are derived from accounting valuation models and estimate the implied cost of equity capital based on stock price and analysts’ forecasts of dividends and earnings. First, we calculate the implied cost of capital 13 The Vuong (1989) test compares the average log-likelihood ratio of each model to zero. One of the benefits and drawbacks of the Vuong test is that the test does not require that one of the models be the true model and simply tests which model is closer to the true model. The drawback is that because the test is relative it does not tell us if both models are a poor fit and far from the true model (Clarke 2001). 14 The Clarke (2003) paired sign test is similar to the Vuong (1989) test but it evaluates the median log-likelihood ratio of each model. 15 Hail and Leuz (2009) perform sensitivity analyses aggregating each of the four measures in different ways and utilizing different weights and find consistent results. In light of their findings, both Daske et al. (2008) and Callahan et al. (2012) utilize a simple average of the four cost of capital measures. 16 based on the models developed by Claus and Thomas (2001) and Gebhardt, Lee, and Swaminathan (2001). Each of these models is based on the residual income valuation model; however, the Claus and Thomas (2001) model assumes that long-term residual income grows at a rate equal to inflation and the Gebhardt, Lee, and Swaminathan (2001) model assumes that long-term earnings revert to an industry median return. We also calculate the implied cost of equity capital based on an abnormal earnings growth valuation model developed by Ohlson and Juettner-Nauroth (2005). Lastly, we compute the implied cost of capital based on the modified price earnings growth (PEG) model developed by Easton (2004). For each of these calculations we utilize the mean values of analysts’ forecasts of earnings, dividends, and book value per share, the mean analyst long-term growth forecast (gathered from I/B/E/S), and the CRSP reported market price as of the last day of the sixth month of the fiscal year. See Appendix B for more detailed discussion of the formulas and model specifications for each cost of capital measure included in AVG_RATE. All four implied cost of capital measures utilize analyst forecasts of earnings per share, dividends per share, book value per share, and/or forecasted long-term growth and therefore are not without measurement error and bias. Consistent with Daske et al. (2008) and McInnis (2010), we attempt to control for bias in analyst forecasts by including in equation (1) the prior year analyst forecast error (FC_BIAS). The implied cost of capital models also require assumptions regarding the forecast horizon and long-term growth, and as observed by Hail and Leuz (2006), these models are based on earnings and therefore could include bias related to accounting conservatism. These limitations are prevalent in the implied cost of capital literature and highlight the difficulties in accurately calculating a firm’s cost of equity capital. Given these limitations, our analyses are based on the average of the four implied cost of capital measures. 17 In supplemental tests, we evaluate the robustness of our results by estimating equation (1) separately for each individual cost of capital measure (consistent with Callahan et al. 2012). 4. Results 4.1 Descriptive Statistics and Correlations Table 2, Panel A presents descriptive statistics for the sample utilized to test H1 and H2. The mean (median) firm-year observation reports total tax reserves (TAX_RES) that are 1.25 (0.74) percent of a firm’s total assets and similar to other recent studies of corporate tax avoidance, has near zero discretionary permanent book-tax differences (DTAX). By design, the statistics for SHELTER range from 0 to 1, since we rank all firm-year observations based on raw SHELTER scores (as calculated in Wilson 2009) and then rank them by decile (i.e., 0 to 9) and scale by 9. Table 2 also indicates that the mean (median) five-year CASH_ETR is 27.2 (25.8) percent, while the mean (median) volatility of cash ETRs over the five prior years ((CASH_ETR)) is 0.422 (0.108). During our sample period the mean (median) average implied cost of capital, adjusted for the risk free rate of return (AVG_RATE) is 8.2 (6.1) percent. These statistics are similar to those in Callahan et al. (2012). We also note that the average firm has operations in foreign countries (FOR_OPER indicator variable mean = 0.715); reports relatively high R&D expenditures (mean = 3.4 percent of lagged total assets) and leverage (mean = 0.487); but exhibits little analyst forecast bias (FC_BIAS). In addition, because most observations have positive ROA, most sample firms have incentives to tax plan and reduce their corporate income taxes. [Insert Table 2 here] 18 Panel B presents the distribution of sample observations across the 30 Fama and French industry classifications, available on Ken French’s website.16 The industries with the largest proportions of observations are Personal and Business Services (line 22) and Business Equipment (line 23), followed by Healthcare, Medical Equipment, and Pharmaceutical Products (line 8) and Retail (line 27). Table 3 provides the Pearson and Spearman correlation coefficients amongst the four implied cost of capital measures, on which AVG_RATE is based. The results indicate that the Gebhardt, Lee, and Swaminathan (2001) measure is highly correlated with all three of the other implied cost of capital measures, while the Easton (2004) measure exhibits the smallest correlations with the other measures. Nonetheless, all of the implied cost of capital measures are significantly correlated with each other (correlations ranging from 0.142 to 0.698), consistent with the measures capturing similar aspects of the implied cost of equity capital. [Insert Table 3 here] Table 4 provides the Pearson and Spearman correlation coefficients amongst the proxies for tax risk and measures of firm risk, including AVG_RATE. Most of the correlations between AVG_RATE and the proxies for TAX_RISK (in column and row 7) are not as predicted. For example, the Spearman correlation between AVG_RATE and TAX_RES is -0.044 and the Pearson correlation between AVG_RATE and SHELTER is -0.161. We note, however, that cash ETR volatility ((CASH_ETR)) is positively, significantly correlated with AVG_RATE, consistent with predictions in Guenther et al. (2013). Nonetheless, most of the correlations amongst the proxies for TAX_RISK are as expected (e.g., TAX_RES is positively correlated with TAX_RES and SHELTER, while DTAX is positively correlated with SHELTER). Consistent with prior 16 http://mba.tuck.dartmouth.edu/pages/faculty/ken.french/Data_Library/f-f_factors.html. 19 research, CASH_ETR is negatively correlated with all four proxies of TAX_RISK, consistent with high tax risk firms reporting lower cash ETRs. Amongst the proxies for firm risk, AVG_RATE is significantly, positively correlated with all three measures: stock return volatility ((RET)), cash flow volatility ((CFO)), and market beta (MKT), but all of the correlations are relatively small in magnitude, consistent with these alternative proxies for firm risk capture different aspects of firm risk. [Insert Table 4 here] 4.2 Multivariate Results for the Association between Tax Risk and the Cost of Equity Capital H1 predicts that tax risk is positively associated with the implied cost of equity capital. We present our primary results for tests of this hypothesis in Table 5. Each column contains results for estimations of equation (1) based on a different proxy for tax risk. In column 1, we find a positive and significant coefficient on TAX_RISK (where TAX_RISK = TAX_RES), consistent with larger tax reserves being associated with a higher cost of equity capital. This result supports H1. However, none of the other three proxies for tax risk (i.e., TAX_RES in column 2, DTAX in column 3, and SHELTER in column 4) are significantly associated with AVG_RATE in Table 5. Contrary to concurrent research, we find no evidence that CASH_ETR is significantly associated with AVG_RATE, after controlling for a firm’s exposure to tax risk.17 Amongst the other control variables, the results in Table 5 indicate that capital expenditures, foreign operations, profitability, discretionary accruals, analyst forecast errors, market beta, and the book-to-market risk factor (HML) are all consistently associated with the implied cost of equity capital, in addition to a firm’s ending tax reserve balance (TAX_RISK in column 1). 17 In a concurrent working paper, Goh et al. (2013) find that the implied cost of equity capital is decreasing in corporate tax avoidance, as proxied by CASH_ETR. Given the different sample periods and the lack of controls for tax risk in the Goh et al. (2013) study, it is difficult to reconcile the contrasting results for CASH_ETR between the two studies. 20 Overall, the results in Table 5 suggest that only a firm’s ending tax reserve balance captures greater uncertainty with respect to future outcomes, as measured by its positive association with the implied cost of capital. [Insert Table 5 here] The lower portion of Table 5 presents the results of the Vuong (1989) and Clarke (2003) log-likelihood ratio tests. The Clarke statistics presented at the bottom of column 1 indicate that TAX_RES has greater explanatory power for the cost of equity capital than TAX_RES (column 2), DTAX (column 3), and SHELTER (column 4). These results are consistent with H2, which predicts that tax reserves are more highly associated with the cost of equity capital than other proxies for a firm’s tax risk. Nonetheless, we acknowledge that the adjusted R-squareds exhibit little variation across the four columns (range from 63.45 percent in column 3 to 63.68 percent in column 1). Thus, variation in the explanatory power of the four TAX_RISK proxies is economically small, despite the significance of the Clarke statistics at the bottom of column 1. Guenther et al. (2013) utilize CASH_ETR as a proxy for tax avoidance, TAX_RES as a proxy for tax aggressiveness, and (CASH_ETR) as a proxy for tax risk. Those authors assert that (CASH_ETR) best captures uncertainty regarding a firm’s future tax payments (i.e., their definition of tax risk), while TAX_RES best captures the extent to which a firm takes tax positions that are unlikely to survive challenge by the IRS (i.e., their definition of tax aggressiveness). However, Guenther et al. (2013) acknowledge that aggressive tax policies could increase firm risk if there is a high degree of uncertainty with regard to future tax payments. We build on their analyses, which test whether CASH_ETR, TAX_RES, and/or (CASH_ETR) are associated with future stock return volatility (whereas we focus on the implied cost of capital), and add cash ETR volatility to equation (1) as an alternative proxy for 21 tax risk. Consistent with Guenther et al. (2013), we calculate (CASH_ETR) as the standard deviation of one-year cash effective tax rates over years t-4 through year t. Table 6 presents the results for these alternative estimations of equation (1), where our proxy for TAX_RISK alternates between TAX_RES, TAX_RES, DTAX, and SHELTER in columns 1-4, but we include CASH_ETR and (CASH_ETR) in all four regressions models. We find that the coefficients on TAX_RISK in Table 6 are substantially similar to those in Table 5 (the coefficient on TAX_RISK = TAX_RES is similar in both size and significance level). In addition, none of the coefficients on either CASH_ETR or (CASH_ETR) are significant. These results suggest that only the ending balance of tax reserves captures uncertainty regarding future after-tax cash flows, as reflected in the implied cost of equity capital. We acknowledge, however, that we cannot reconcile the inferences from our results in Table 6 to inferences from the results in Guenther et al. (2013), given the substantially different sample periods and research designs.18 [Insert Table 6 here] 4.3 Results of Supplemental Analyses and Robustness Tests We perform a variety of supplemental analyses to evaluate the strength of our results. First, we consider alternative measures of firm risk, including stock return volatility, the volatility of cash flow from operations, and market model beta. We calculate stock return volatility ((RET)) based on monthly stock returns starting with the fourth month of the current fiscal year through the third month of the following year. We calculate stock return volatility over this time period because stock returns during this one-year window should reflect investor 18 The sample period in Guenther et al. (2013) is 1987-2011 and their primary multivariate test regresses future stock return volatility on CASH_ETR, (CASH_ETR), the level and the volatility of cash flow from operations, and other control variables. 22 expectations based on information available during the current fiscal year and until the Form 10K is filed with the SEC (for most firms). That is, we view this calculation are consistent with our calculation of the implied cost of equity capital. In contrast, we calculate cash flow volatility ((CFO)) based on annual data starting with year t-4 through year t. We choose this time period primarily for practical reasons, as tax reserve data is only available for fiscal years 2007 and thereafter, which severely limits our ability to calculate cash flow volatility based on future cash flow data. Lastly, we also utilize market beta as an alternative measure of systematic (i.e., nondiversifiable) firm risk, which is calculated as described in Appendix B. We estimate equation (1) based on these three alternative measures of firm risk, but exclude EARN_VOL from the regression where (CFO) is the dependent variable (due to their extremely high correlation coefficients), and for obvious reasons we also exclude market beta from the regression where market beta is the dependent variable. Table 7 presents results for regressions that are based on the three alternative proxies for firm risk. In these regressions we include TAX_RES as our only proxy for tax risk, since only the coefficients on TAX_RES are significant in our cost of capital regressions in Tables 5 and 6. The results in Table 7 indicate that the ending balance of tax reserves is significantly and positively associated with both the stock return ((RET)) and cash flow volatility ((CFO)) measures. In contrast, the coefficient on TAX_RES is negative and significant in column 3, where market beta (MKT) is our proxy for firm risk. We also note that firms with lower cash ETRs tend to have lower stock return and cash flow volatility, consistent with predictions in Goh et al. (2013). From the (RET) regression results in column 1, we infer that investors perceive tax reserves as capturing greater uncertainty with respect to future after-tax cash flows. We also conclude (based on the (CFO) results in column 2) that tax reserves are associated with recent cash flow 23 volatility, consistent with tax reserves capturing more volatile and uncertain tax positions that inconsistently affect after-tax cash flow from operations. Lastly, we are somewhat puzzled by the significant and negative coefficient on tax reserves in the market beta (MKT) regression, as this result suggests that firms with more uncertain tax positions actually experience lower systematic risk. [Insert Table 7 here] Given the difficulty in computing a firm’s cost of equity capital, the regressions in Tables 5 through 7 are based on AVG_RATE as the dependent variable. AVG_RATE is the average of four commonly used cost of capital measures developed in Claus and Thomas (2001), Gebhardt, Lee, and Swaminathan (2001), Ohlson and Juettner-Nauroth (2005), and Easton (2004). To evaluate the consistency of our primary results across these four separate measures of the cost of equity capital, we re-estimate equation (1) based on each separate measure. Moreover, given our consistent findings that TAX_RES is the only proxy for tax risk significantly associated with AVG_RATE, we only include TAX_RES as our proxy for tax risk in these robustness tests. We report the results for these separate regressions in Table 8. In three of four regressions, the coefficient on TAX_RES is positive and significant. Only the coefficient on TAX_RES in column 1 is not significant, where the implied cost of capital is based on the measure in Claus and Thomas (2001). We infer that our results are fairly robust across the four separate implied cost of capital measures. [Insert Table 8 here] Lastly, to be included in our primary analyses (Table 5), an observation need only have data for one (or more) cost of capital measures, on which we base AVG_RATE. In untabulated robustness tests, we also require observations to have data for all four implied cost of capital 24 measures to evaluate whether inconsistent data requirements in calculating AVG_RATE influence our results. Based on this reduced sample of 933 firm-year observations, we continue to find a significant and positive coefficient on TAX_RES (coefficient = 0.800; t-statistic = 2.04), but none of the coefficients on the other tax risk proxies are significant. Thus, inconsistency in the computation of AVG_RATE does not account for our primary findings. 5. Conclusions The objective of this study is to evaluate the extent to which financial statement-based proxies for tax risk (i.e., tax positions that increase uncertainty with regard to future outcomes) are associated with a firm’s implied cost of equity capital. Theory would suggest that each measure captures, to varying degrees, both tax risk and higher after-tax cash flows. By analyzing the association between several measures of aggressive tax avoidance and the cost of equity capital, we provide evidence that the level of a firm’s tax reserves (as reported under FIN 48) best captures tax positions with uncertain future outcomes, while the change in tax reserves, discretionary permanent book-tax differences, and a tax shelter prediction score likely do not. We also examine whether tax risk is associated with other measures of firm risk, including stock return volatility, cash flow volatility, and market model beta. Consistent with our implied cost of capital results, we also find that the level of a firm’s tax reserves are significantly associated with both stock return and cash flow volatility measures. Overall, we infer that the reserve for income taxes best captures tax positions that involve uncertain future outcomes, as measured by market expectations and recent cash flow volatility measures. Our results are robust to numerous controls for factors known to be associated with measures of firm risk, and also alternative measures of tax risk, including volatility of cash effective tax rates. 25 Our study expands our understanding of how investors measure and evaluate corporate tax avoidance and tax risk. The findings support Hanlon and Heitzman’s (2010) call to be cautious when selecting a measure of aggressive tax avoidance, since each measure likely captures elements of both tax risk and increased after-tax cash flows. While DTAX, SHELTER, and CASH_ETR have been recently used to measure aggressive tax planning, they do not appear to significantly capture tax risk. These variables may nonetheless capture the benefits of corporate tax avoidance, namely increased after-tax cash flows. Overall, our results suggest that tax reserves are a superior proxy for tax positions that increase uncertainty with regard to future outcomes. Our study is subject to several limitations. First, like other studies on the cost of equity capital, we measure the implied cost of capital with error. We attempt to reduce the impact of measurement error by controlling for numerous factors that are likely associated with firm risk and/or tax risk in our multivariate analyses. Nonetheless, to the extent tax reserves are correlated with the error in our implied cost of capital estimates, our findings may be spurious. Second, because FIN 48 has only been in effect for fiscal years 2007 and thereafter, our analyses are based on a limited time series of data. Consequently, results based on a longer time series of data may differ due to increased power (and in fact our short time series may contribute to differences between our results and those in Guenther et al. (2013) and Goh et al. (2013)). Lastly, our current study does not consider the impact of corporate governance on the association between tax risk and the cost of equity capital. Future research should investigate whether corporate governance strength – and which governance mechanisms – impact tax risk and also the extent to which corporate governance influences how investors and analysts perceive tax risk. 26 REFERENCES Ashbaugh-Skaife, H., D. W. Collins, and R. LaFond. 2009. 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Equals the residual of the following equation: PERMDIFF = α0 + α1INTANG + α2UNCON + α3MI + α4CSTE + α5ΔNOL + α6LAGPERM + ε (1) Where all variables are scaled by beginning of year total assets. (2) PERMDIFF is total book-tax differences [pre-tax book income (PI) less current federal expense (TXFED) and current foreign expense (TXFO) divided by the statutory tax rate] less temporary book-tax differences [deferred tax expense (TXDI) divided by the statutory tax rate of 35 percent] (3) INTANG is the sum of goodwill (GDWL) and other intangibles (INTANO) (4) UNCON is income reported under the equity method (ESUB) (5) MI is minority interest (MII) (6) CSTE is the current state income tax expense (TXS) (7) ΔNOL is the change in net operating loss carryforwards (TLCF) (8) And LAGPERM is the one year lagged PERMDIFF. = The rank value of the tax shelter prediction score in Wilson (2009), i.e., the predicted value from the following equation: TSPS = -4.86 + 5.2*BTD + 4.08*DAP – 1.41*LEV + 0.76*SIZE + 3.51*ROA + 1.72*FINC + 2.43*R&D (1) Where BTD, book-tax difference, is equal to pre-tax book income (PI) less taxable income [federal tax expense (TXFED) plus foreign tax expense (TXFO) divided by the statutory tax rate of 35%] less the change in NOL carryforwards (TLCF). (2) DAP, discretionary accruals, is calculated using the cross-sectional modified Jones model w/ lagged return on assets. (3) LEV, leverage ratio, long-term debt (DLTT) divided by total assets (AT). (4) SIZE is the natural log of total assets (AT). (5) ROA, return on assets, is equal to pre-tax income (PI) divided by total assets (AT). (6) FINC, is an indicator variable for foreign operations, and equals 1 if there is non-zero foreign income (PIFO), and 0 otherwise. (7) R&D is research and development (XRD) scaled by total assets. Proxies for Firm Risk: AVG_RATE = Average implied cost of equity capital less the median yield on a 10-year treasury bond. See Appendix B. (RET) = The annual standard deviation of monthly stock returns from CRSP, calculated starting with the fourth month of year t through the third month of year t+1. 30 (CFO) = The standard deviation of annual operating cash flows (OANCF) for years t-4 to t, scaled by total assets at the beginning of year t. Control Variables for Equations (1) – (3): CASH_ETR = The cash effective tax rate (Dyreng et. al 2008), which is the sum of cash taxes paid (TXPD) for years t-4 through year t, divided by the sum of adjusted pretax income (PI - SPI) for years t-4 through year t. (CASH_ETR) = The standard deviation of the annual cash effective tax rate for year t-4 through year t, where the annual cash effective tax rate is cash taxes paid (TXPD) divided by adjusted pretax income (PI-SPI), consistent with Guenther et al 2012. MKT SMB HML = The Fama and French (1993) risk factors are computed by regressing a firm’s monthly stock returns (for the period starting sixty-six months prior to fiscal yearend and ending six months prior to fiscal year-end, i.e., the date we calculate the cost of equity capital) on the monthly Fama and French (1993) factors, available at http://mba.tuck.dartmouth.edu/pages/faculty/ken.french/Data_Library/ff_factors.html. LEV = Financial leverage, calculated as the ratio of total liabilities (LT) to total assets (AT). FC_BIAS = An estimate of the forecast bias in analysts’ forecasts. Calculated as the prior year’s one-year ahead earnings per share forecast from I/B/E/S minus this year’s actual earnings per share (NI divided by SHOUT), scaled by total assets (AT). CAP_EXP = Total capital expenditures for the fiscal year (CAPX), scaled by total assets at the beginning of the year. R&D = Total research and development expenditures for the fiscal year (XRD), scaled by total assets at the beginning of the year. SG&A = Total general and administrative expense for the fiscal year (XSGA), scaled by total assets at the beginning of the year. FOR_OPER = Indicator variable for if the firm has foreign operations. DISCR_ACCR = Discretionary accruals calculated using the cross-sectional modified Jones model with lagged return on assets. EARN_VOL = The standard deviation of adjusted income (PI-SPI) for the period from t-4 to t, scaled by total assets at the beginning of year t. ROA = Return on assets, calculated as income before extraordinary items (IB) divided by lagged total assets. Notes: Where applicable, Compustat variable names are provided in parentheses. Variables gathered from CRSP, I/B/E/S, and Risk Metrics are noted accordingly. 31 APPENDIX B Cost of Capital Models Utilized in the Calculation of AVG_RATE Following prior literature (Dhaliwal et al. 2006, Daske et al. 2008, Hail and Leuz 2009, Callahan et al. 2012), AVG_RATE is the average of four commonly-used implied cost of capital measures developed in Claus and Thomas (2001), Gebhardt, Lee, and Swaminathan (2001), Ohlson and Juettner-Nauroth (2005) and Easton (2004), less the median rate on the 10-year treasury note. Claus and Thomas (2001): 0 ∗ ∗ 1 1 1 The Claus and Thomas (2001) model is based on the residual income valuation model. A key assumption of this model is that for year five and beyond residual income grows at a rate equal to inflation. Because the model does not have a closed form solution, an iterative process is utilized to solve for the cost of equity capital (CTR). − P0 is the price as of the last day of the 6th month before the fiscal year-end. − bv is the book value per share as of the last day of the 6th month before the fiscal year-end. − eps is the earnings per share forecasted as of the last day of the 6th month before the fiscal year-end. − f is the expected inflation rate, which we set at 3 percent. Note that the inflation rate sets the lower bound for the computed cost of capital. Gebhardt, Lee, and Swaminathan (2001): ∗ ∗ 1 1 The Gebhardt, Lee, and Swaminathan (2001) model is also based on the residual income valuation model; however, this model assumes that in years 4 through 12 residual income reverts 32 to an industry median and in years 13 through 25 residual income remains constant. We compute the industry median based on the forecasted income for years 1 through 3 for each two digit SIC code. Similar to the Claus and Thomas (2001) model, an iterative process is utilized to solve for the cost of equity capital (GLSR) because the model does not have a closed form solution, − P0, bv, and eps are previously defined. Ohlson and Juettner-Nauroth (2005): ∗ ∗ / The Ohlson and Juettner-Nauroth (2005) model is based on an abnormal earnings growth valuation model and has a closed form solution for the cost of capital (OJR), provided the firm has a positive change in forecasted earnings. − gst is the short-term growth rate, which is estimated as the average of the change in earnings from year 1 to year 2 and the long-term growth forecast provided by I/B/E/S. − glt is the long-term growth forecast provided by I/B/E/S. − dps is dividends per share as of the last day of the 6th month before the fiscal yearend. − P0 and eps are previously defined. Easton (2004): Easton (2004) computes a firm’s cost of capital based on the price earnings growth ratio. The model also provides a closed form solution for the cost of capital (ER), provided the firm has forecasted earnings growth. Consistent with Callahan et al. (2012), we assume that dividends per share are zero. 33 − P0 and eps are previously defined. Additional Specifications: (1) We require the long-term growth rate to be positive (consistent with Daske et al. 2008) and constrain the long-term growth rate to 50 percent or less (following Callahan et al. 2012). (2) We require that forecasted earnings per share is positive (consistent with Daske et al. 2008) and winsorize forecasted earnings per share at the 99th percentile to reduce the influence of unattainable forecasts (consistent with Callahan et al. 2012). (3) For the Ohlson and Juettner-Nauroth (2005) model we constrain the dividend payout ratio (dps1 / eps1) to between 0 and 1 (following Callahan et al. 2012). (4) For firm-year observations where a long-term growth forecast is available and an earnings per share forecast is provided for one and two years ahead, but not for subsequent years, we compute forecasts for three, four, and five years ahead based on the following equation: epst = epst-1*(1-glt), (consistent with Daske et al. 2008). (5) For firm-year observations where forecasts of book value per share are not available for two, three, and four years ahead, we compute the forecasts based on the following equation: bpst = bpst-1 + epst*(1-DPS1/EPS1), (consistent with Daske et al. 2008). 34 TABLE 1 Sample Selection Procedures Firm-Years Firms 11,147 2,989 (3,131) (700) (523) (114) (2,164) (517) Less: Observations with insufficient data to compute SCORE (198) (50) Less: Observations with insufficient information to compute AVG_RATE (insufficient data to compute all individual cost of capital calculations) (1,560) (426) 0 0 Less: Financial Institutions (SIC 60**, 61**, and 62**) (88) (37) Less: Utilities (SIC 49**) (48) (15) Less: Observations with insufficient data to compute control variables (172) (55) Total Sample 3,263 1,075 Number of observations with non-zero total UTBs for fiscal years ending between 12/15/07 and 12/31/11 Less: Observations with a cumulative loss for the five year period ending in the observation year Less: Observations with a negative cumulative tax expense for the five year period ending in the observation year Less: Observations with insufficient data to compute DTAX Less: Real Estate Investment Trusts (SIC 6798) Notes: This table presents an overview of the sample selection procedure for the sample utilized in the tests of the association between the measures of tax risk and the cost of equity capital. The table begins with all firms for which total UTBs were reporting in Compustat, with fiscal years ending between December 15, 2007 and December 31, 2011. 35 TABLE 2 Descriptive Statistics Panel A: Descriptive Statistics Variable N 3,263 TAX_RES 3,263 TAXRES 3,263 DTAX 3,263 SHELTER 3,263 CASH_ETR 3,263 (CASH_ETR) AVG_RATE (RET) (CFO) MKT CAP_EXP R&D SG&A FOR_OPER LEV ROA DISCR_ACCR FC_BIAS EARN_VOL SMB HML Mean 0.0125 0.0002 0.0032 0.5517 0.2724 0.4223 Std Dev 0.0145 0.0049 0.3430 0.2867 0.1763 2.3762 5th 0.0007 -0.0073 -0.3691 0.1000 0.0496 0.0275 25th 0.0032 -0.0011 -0.0281 0.3000 0.1723 0.0604 Median 0.0074 0.0001 0.0093 0.6000 0.2580 0.1081 75th 0.0162 0.0016 0.0739 0.8000 0.3321 0.2216 95th 0.0435 0.0076 0.2361 1.0000 0.5104 0.9140 3,263 3,263 3,263 3,263 0.0819 0.1018 0.0460 0.0114 0.0773 0.0550 0.0347 0.0061 0.0078 0.0430 0.0127 0.0028 0.0342 0.0659 0.0236 0.0073 0.0609 0.0900 0.0373 0.0107 0.1045 0.1234 0.0572 0.0148 0.2295 0.1923 0.1089 0.0221 3,263 3,263 3,263 3,263 3,263 3,263 3,263 3,263 3,263 3,263 3,263 0.0486 0.0343 0.2850 0.7150 0.4866 0.0622 -0.0040 0.0004 0.0426 0.0076 0.0000 0.0477 0.0577 0.2290 0.4515 0.2167 0.0982 0.0395 0.0024 0.0378 0.0090 0.0094 0.0072 0.0000 0.0410 0.0000 0.1561 -0.0697 -0.0670 -0.0016 0.0089 -0.0056 -0.0147 0.0181 0.0000 0.1331 0.0000 0.3267 0.0267 -0.0247 -0.0002 0.0195 0.0017 -0.0055 0.0326 0.0047 0.2334 1.0000 0.4805 0.0607 -0.0022 0.0000 0.0320 0.0068 -0.0002 0.0615 0.0467 0.3767 1.0000 0.6234 0.1016 0.0150 0.0005 0.0523 0.0127 0.0051 0.1454 0.1499 0.6665 1.0000 0.8458 0.3414 0.0614 0.0043 0.1132 0.0222 0.0157 Notes: This table presents descriptive statistics for all variables in the sample utilized in the tests of the association between tax risk and the cost of equity capital. The sample includes firms with fiscal years ending between December 15, 2007 and December 31, 2011 with non-missing values for all variables. All continuous variables were winsorized at the 1st and 99th percentiles. All variables are defined in Appendix A. 36 TABLE 2 - Continued Panel B: Industry Membership Industry Description 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Food Products Beer & Liquor Smoke Games & Recreation Books, Printing & Publishing Household Consumer Goods Clothing/Apparel Healthcare, Medical Equipment, Pharmaceutical Products Chemicals Textiles Construction and Construction Materials Steel Works Fabricated Products and Machinery Electrical Equipment Automobiles and Trucks Aircraft, ships, and railroad equipment Precious Metals, Non-Metallic, and Industrial Metal Mining Coal Petroleum and Natural Gas Utilities Telecommunications Personal and Business Services Business Equipment Business Supplies and Shipping Containers Transportation Wholesale Retail Restaurants, Hotels, Motels Insurance, Real Estate, Trading Other Missing Total Firm-Year Observations Proportion of: Our Compustat Sample Population 2.12% 2.08% 0.61% 0.30% 0.00% 0.11% 2.18% 1.86% 1.44% 0.63% 2.15% 1.06% 2.42% 0.94% 9.68% 11.27% 3.25% 1.85% 0.00% 0.19% 2.88% 2.04% 1.47% 1.14% 5.03% 2.53% 1.26% 1.42% 1.50% 1.32% 1.66% 0.56% 0.46% 3.21% 0.28% 0.34% 3.43% 5.03% 0.00% 4.19% 3.52% 3.44% 16.06% 11.30% 16.55% 9.90% 2.52% 1.07% 1.53% 2.89% 5.27% 2.74% 6.99% 3.57% 2.36% 1.33% 1.53% 21.03% 0.00% 0.68% 1.87% 0.00% 3,263 40,261 Notes: This table presents industry classifications for the sample utilized in the tests of the association between tax risk and cost of equity capital. Industry classifications are based on the Fama and French 30-industry model using four-digit SIC codes. Classification specifications are available on the website of Ken French: http://mba.tuck.dartmouth.edu/pages/faculty/ken.french/Data_Library/det_30_ind_port.html 37 TABLE 3 Spearman (Pearson) Correlations on Upper (Lower) Diagonal for Individual Cost of Capital Measures Included in AVG_RATE (1) Easton (1) (2) Ohlson and Juettner (3) Claus and Thomas (4) Gebhardt, Lee, and Swamin. 0.61167 0.26483 0.46299 0.31193 0.57385 (2) 0.29505 (3) 0.14233 0.31275 (4) 0.20323 0.40706 0.68302 0.69811 Notes: This table presents Spearman (Pearson) correlation coefficients in the upper (lower) diagonal. Bolded correlation coefficients are significant at the 10% level or better, based on two-sided tests. Sample size is 857 observations. All variables are as defined in Appendix B. 38 TABLE 4 Spearman (Pearson) Correlations on Upper (Lower) Diagonal for Tax and Firm Risk Measures (1) TAX_RES (1) TAXRES (2) (3) DTAX (4) SHELTER (5) CASH_ETR (CASH_ETR) (6) (7) AVG_RATE (RET) (CFO) MKT 0.256858 0.004173 0.240204 -0.147150 -0.049245 -0.044261 0.033373 -0.042420 0.052857 0.001687 0.055848 -0.123350 -0.078951 -0.059334 0.104963 0.036273 0.047827 0.119209 -0.113020 -0.048233 -0.084531 -0.069844 -0.060659 0.027283 -0.110650 -0.284264 -0.173593 -0.146519 -0.370496 0.029506 0.281260 0.090140 0.032088 0.024117 -0.133870 0.187016 0.211728 0.298067 0.159423 0.064132 0.237860 0.162604 0.290529 0.123815 (8) (2) 0.249647 (3) -0.033389 -0.024185 (4) 0.170027 0.034410 0.053331 (5) -0.082760 -0.070110 -0.074300 -0.141560 (6) 0.006253 -0.020705 0.018634 -0.074447 0.149930 (7) -0.014162 -0.031861 -0.022748 -0.161566 0.092630 0.031145 (8) 0.119686 0.116383 -0.092454 -0.105581 0.057826 0.030531 0.056985 (9) -0.015186 0.032176 -0.029724 -0.330124 0.085581 0.076455 0.306694 0.210569 (10) 0.049287 0.034174 0.019759 0.028831 -0.053230 0.048071 0.167517 0.121126 (9) (10) 0.239014 0.233077 Notes: This table presents Spearman (Pearson) correlation coefficients in the upper (lower) diagonal. Bolded correlation coefficients are significant at the 10% level or better, based on two-sided tests. Sample size is 3,263 observations. All variables are as defined in Appendix A. 39 TABLE 5 Results for OLS Regressions of the Implied Cost of Equity Capital (AVG_RATE) on Proxies for Tax Risk and Control Variables TAX_RISK CASH_ETR CAP_EXP R&D SG&A FOR_OPER LEV ROA DISCR_ACCR FC_BIAS EARN_VOL MKT SMB HML Industry FE? Firm FE? # of Observations Adjusted R2 Relative Explanatory Power: (1) TAX_RISK = TAX_RES Coeff T-Stat 0.412 1.97** -0.006 -0.43 -0.440 -8.56*** -0.079 -1.11 -0.042 -1.52 0.019 1.97** -0.000 -0.01 -0.167 -6.87*** -0.096 -2.66*** -2.905 -3.57*** 0.128 1.71* 0.998 2.95*** 0.300 1.22 0.451 2.21** (2) TAX_RISK = TAX_RES Coeff T-Stat 0.114 0.43 -0.006 -0.42 -0.443 -8.62*** -0.074 -1.05 -0.040 -1.45 0.019 1.96** 0.003 0.16 -0.171 -7.08*** -0.098 -2.70*** -2.945 -3.61*** 0.134 1.79* 0.961 2.85*** 0.300 1.21 0.448 2.19** (3) TAX_RISK = DTAX Coeff T-Stat -0.001 -0.35 -0.005 -0.39 -0.444 -8.71*** -0.074 -1.04 -0.038 -1.38 0.019 1.94* 0.004 0.20 -0.169 -6.93*** -0.101 -2.8*** -2.921 -3.59*** 0.130 1.74* 1.025 3.06*** 0.330 1.34 0.471 2.32** (4) TAX_RISK = SHELTER Coeff T-Stat 0.002 0.21 -0.006 -0.42 -0.443 -8.63*** -0.074 -1.04 -0.039 -1.45 0.019 1.81* 0.003 0.18 -0.173 -6.78*** -0.099 -2.74*** -2.949 -3.61*** 0.137 1.83* 0.960 2.84*** 0.300 1.21 0.447 2.18** Y Y Y Y N Y Y Y 3,263 63.68% Vuong / Clarke P-Values 3,263 63.61% Vuong / Clarke P-Values 3,263 63.45% Vuong / Clarke P-Values 3,263 63.61% Vuong / Clarke P-Values .2899/<.0001 .1100/<.0001 .2678/<.0001 Mixed Results Mixed Results Different from TAX_RES? Different from TAX_RES? .2899/<.0001 Different from DTAX? .1100/<.0001 Mixed Results Different from SHELTER? .2678/<.0001 Mixed Results 40 Mixed Results Mixed Results Notes: This table presents the results for regressions of the cost of equity capital on proxies for tax risk and control variables. All regressions include both industry and firm fixed effects, except where noted. *, **, *** indicate statistical significance at the 10, 5, and 1 percent levels, respectively, based on two-sided ttests. Variables are defined in Appendix A. The variable DTAX is calculated by year and 2-digit SIC code combinations. Thus, the regression that includes DTAX does not include industry fixed effects. The p-values for the Voung and Clarke tests are presented in that order in the lower portion of Table 4. “Mixed Results” indicates that results from the Voung and Clarke tests do not agree with respect to which model has greater explanatory power for the cost of capital model. 41 TABLE 6 Results for OLS Regressions of the Implied Cost of Equity Capital (AVG_RATE) on Proxies for Tax Risk, including (CASH_ETR) TAX_RISK CASH_ETR (CASH_ETR) CAP_EXP R&D SG&A FOR_OPER LEV ROA DISCR_ACCR FC_BIAS EARN_VOL MKT SMB HML Industry FE? Firm FE? # of Observations Adjusted R2 (1) TAX_RISK = TAX_RES Coeff T-Stat 0.405 1.93* -0.007 -0.48 0.001 1.03 -0.439 -8.56*** -0.077 -1.08 -0.043 -1.57 0.019 1.96** -0.000 -0.02 -0.166 -6.83*** -0.094 -2.61*** -2.866 -3.51*** 0.125 1.67* 0.995 2.94*** 0.295 1.19 0.444 2.17** (2) TAX_RISK = TAX_RES Coeff T-Stat 0.116 0.44 -0.007 -0.48 0.001 1.10 -0.442 -8.61*** -0.073 -1.02 -0.041 -1.51 0.019 1.96* 0.003 0.14 -0.170 -7.03*** -0.096 -2.65*** -2.902 -3.56*** 0.131 1.75* 0.958 2.84*** 0.294 1.19 0.441 2.15** (3) TAX_RISK = DTAX Coeff T-Stat -0.001 -0.37 -0.006 -0.47 0.001 1.09 -0.444 -8.70*** -0.072 -1.02 -0.039 -1.43 0.019 1.94* 0.004 0.20 -0.168 -6.88*** -0.099 -2.75*** -2.882 -3.54*** 0.127 1.70* 1.024 3.05*** 0.325 1.32 0.464 2.28** (4) TAX_RISK = SHELTER Coeff T-Stat 0.002 0.23 -0.007 -0.48 0.001 1.10 -0.443 -8.62*** -0.072 -1.01 -0.041 -1.50 0.018 1.80* 0.003 0.17 -0.172 -6.74*** -0.097 -2.69*** -2.908 -3.56*** 0.133 1.78* 0.957 2.83*** 0.294 1.19 0.439 2.15** Y Y Y Y N Y Y Y 3,263 63.70% 3,263 63.63% 3,263 63.47% 3,263 63.63% Notes: This table presents the results for regressions of the cost of equity capital on proxies for tax risk, σ(CASH_ETR), and control variables. All regressions include both industry and firm fixed effects, except where noted. *, **, *** indicate statistical significance at the 10, 5, and 1 percent levels, respectively, based on two-sided t-tests. Variables are defined in Appendix A. The variable DTAX is calculated by year and 2-digit SIC code combinations. Thus, the regression that includes DTAX does not include industry fixed effects. 42 TABLE 7 Results for OLS Regressions of Alternative Measures of Firm Risk on Tax Risk and Control Variables TAX_RES CASH_ETR (CASH_ETR) CAP_EXP R&D SG&A FOR_OPER LEV ROA DISCR_ACCR FC_BIAS EARN_VOL MKT SMB HML Industry FE? Firm FE? # of Observations Adjusted R2 (1) FIRM_RISK = (RET) Coeff T-Stat 0.431 2.72*** 0.017 1.65* 0.000 0.18 -0.029 -0.74 0.043 0.80 -0.014 -0.69 -0.008 -1.08 0.112 7.75*** -0.006 -0.34 -0.006 -0.20 2.848 4.62*** 0.258 4.56*** 1.273 4.98*** -0.153 -0.82 0.745 4.82*** (2) FIRM_RISK = (CFO) Coeff T-Stat 0.266 4.16*** 0.012 2.99*** 0.001 2.63*** 0.023 1.46 0.068 3.14*** 0.068 8.35*** 0.003 1.05 0.022 3.76*** 0.072 10.33*** -0.059 -5.34*** 0.629 2.56** Y Y Y Y Y Y 3,263 59.06% 3,263 83.31% 3,263 76.60% 2.23** 1.00 1.71* 0.229 0.075 0.107 (3) FIRM_RISK = MKT Coeff T-Stat -0.039 -2.91*** -0.002 -2.53*** 0.000 0.50 -0.017 -5.36*** -0.013 -2.80*** 0.002 1.10 0.000 0.46 0.000 0.01 0.003 1.61 -0.003 -1.24 -0.002 -0.04 0.014 2.90*** -16.59*** 2.48** -0.245 0.032 Notes: This table presents the results for regressions of various measures of firm risk on proxies for tax risk and control variables. All regressions include both industry and firm fixed effects. *, **, *** indicate statistical significance at the 10, 5, and 1 percent levels, respectively, based on two-sided t-tests. Variables are defined in Appendix A. 43 TABLE 8 Results for OLS Regressions of Individual Implied Cost of Equity Capital Measures on TAX_RES and Control Variables TAX_RES (1) Cost of Equity Capital = CT_R Coeff T-Stat -0.175 -0.70 CASH_ETR -0.011 -0.50 0.002 0.25 -0.007 -0.17 0.063 1.96* CAP_EXP -0.145 -2.21** -0.106 -3.19*** -0.328 -3.05*** -0.951 -8.40*** R&D -0.046 -0.58 -0.038 -0.84 SG&A FOR_OPER -0.005 -0.14 0.031 ** 2.48 (2) Cost of Equity Capital = GLS_R Coeff T-Stat 0.311 2.30** -0.072 (4) Cost of Equity Capital = EASTON_R Coeff T-Stat 1.452 3.01*** 0.253 0.74 0.136 0.72 *** -0.052 -0.76 -0.092 -1.38 ** -0.003 -0.13 0.004 0.17 *** -4.03 0.016 (3) Cost of Equity Capital = OJ_R Coeff T-Stat 0.914 2.12** 2.47 LEV 0.004 0.16 0.054 4.42 0.027 0.65 -0.098 -2.09*** ROA -0.120 -3.60*** -0.053 -3.28*** -0.177 -2.85*** -0.101 -1.80* DISCR_ACCR 0.024 0.50 -0.037 -1.57 -0.139 -1.66* -0.142 -1.63 -5.142 ** -2.146 -1.26 *** FC_BIAS *** -7.269 -5.41 -0.194 -0.34 -2.31 EARN_VOL -0.114 -1.13 0.074 1.52 0.817 4.94 0.463 2.63*** MKT 1.142 2.49** 0.789 3.63*** 1.875 2.45** 2.332 2.97*** SMB 0.480 1.44 -0.152 -0.92 0.494 0.85 1.052 1.91* HML 0.472 1.80* 0.265 2.00** 0.470 1.02 1.479 2.93*** Industry FE? Y Y Y Y Firm FE? Y Y Y Y 2,117 2,966 1,292 1,958 82.14% 73.30% 73.01% 65.79% # of Observations Adjusted R2 44 Notes: This table presents the results of the regression of the cost of equity capital on TAX_RES, utilizing each of the four measures of cost of equity capital as dependent variables. All regressions include both industry and firm fixed effects. *, **, *** indicate statistical significance at the 10, 5, and 1 percent levels, respectively, based on two-sided t-tests. Variables are defined in Appendix A and Appendix B. 45
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