Taxes and Peer Effects Andrew Bird Tepper School of Business Carnegie Mellon University [email protected] Alexander Edwards Rotman School of Management University of Toronto [email protected] Thomas G. Ruchti Tepper School of Business Carnegie Mellon University [email protected] June 24, 2015 Keywords: effective tax rates, peer effects JEL codes: H25, M41 Data Availability: Data used in this study are available from public sources identified in the paper. We thank Joanna Garcia and seminar participants at Carnegie Mellon University, Ohio University, the University of Toronto, and the 2015 University of Waterloo Tax Conference. We gratefully acknowledge financial support from the Tepper School of Business, Carnegie Mellon University, and the Rotman School of Management, University of Toronto. Taxes and Peer Effects Abstract Despite a significant literature investigating the determinants of corporate tax avoidance, there remains much unexplained cross-sectional variation in GAAP and Cash effective tax rates. In this paper, we look at one particular determinant of such variation – the effect of a firm’s tax avoidance choices on the tax and financial reporting behavior of peer firms. These choices are affected by many of the same factors, such as industry-level tax policy changes or audit risk, so we make use of exogenous–to the peer firms–shocks to tax rates. Following the methodology of Dyreng et al. (2010), we estimate managerial tax avoidance fixed effects and identify tax rate shocks associated with executive turnover. We find that peer firms respond to these shocks by changing their GAAP tax rates in the same direction. The magnitude of the effect corresponds to a 50% response to the average change in peer group GAAP effective tax rates. Our evidence suggests that these peer effects occur only for book, rather than cash, effective tax rates. These findings are consistent with the primacy of earnings-based measures to managers and other capital market participants. 1. Introduction “We were one of the last ones in our sector to do this [corporate inversion]. So it’s not like I was blazing the trail. If you put on your business hat, you can’t maintain competitiveness by staying at a competitive disadvantage. I mean you just can’t. The odds are just not in your favor.” –Heather Bresch, CEO of Mylan1 Studies in accounting (Arya and Mittendorf (2005), Tse and Tucker (2010), Reppenhagen (2010), Albuquerque (2009)), economics (Evans et al. (1992)), and corporate finance (John and Kadyrzhanova (2008), Leary and Roberts (2014), Foucault and Fresard (2014)) have uncovered many roles for peer groups in explaining individual and firm behavior. Despite a large and expanding body of empirical research on tax behaviors and the associated financial accounting rules, little is understood about how a firm’s peers impact their tax planning and associated financial reporting behavior. In this study, we investigate the impact of an exogenous shock to a firm’s reported tax expense, and amount of taxes paid, on the firm’s industry peers. With a few exceptions which we discuss below, networks of firms have not been employed when modeling firm level tax planning and financial reporting for taxes. We present an approach which considers learning, norms, competition a firm faces from its peers, managerial incentives, and what effects these concerns have on a firm’s tax planning and financial reporting behavior. Following the framework of Dyreng et al. (2010), in which the authors posit that a firm’s tax avoidance will differ depending on whether it is run by one executive or another, we use executive turnover, and executive tax planning ability, to identify shocks to the tax rates of firms. Using these shocks, we examine if, and how, peer firms in the same industry respond to these shocks. Specifically, we examine if industry peers (referred to as peer firms or peers from herein) change their tax planning and/or associated financial 1 Andrew Ross Sorkin, DealBook: NYT, July 14, 2014 1 reporting behavior, controlling for firm characteristics, as a result of a similar firm in the same industry (referred to as focal firms from herein) employing a tax aggressive executive. We separately examine positive (i.e., increase in tax expense and payments by a focal firm) and negative (i.e., decreases in tax expense and payments by a focal firm) tax rate shocks to observe if the reaction to shocks by peer firms is asymmetric. We document that peer firms react to negative shocks (i.e., decreases in focal firm ETRs) by reporting lower GAAP effective tax rates. The magnitude of the response approximately corresponds to a 50% response to the change in peer’s effective tax rate and the effect persists for several years into the future. We do not observe a statistically significant response by industry peers to positive tax shocks. We also examine the response of peer firms in terms of cash effective tax rates. We do not observe a statistically significant response to either positive or negative cash effective tax rate shocks. Taken together, our results are consistent with peer firms responding to tax shocks through financial reporting behavior but not real changes in tax payments. While prior research has documented managerial effects on tax avoidance coming from a ‘tone from the top’ mechanism for a given firm, in this study we are interested in the impact of these changes on that firm’s industry peers.2 If a firm hires a CEO who is either skilled at, or focused on, tax avoidance, it may change the emphasis placed on functional areas of the firm. The executive may emphasize foreign operations more, may change compensation of the tax director or devote resources toward hiring different advisers for the firm. These underlying changes are at least partially observable to peers, while the outcome—greater tax avoidance—may serve as a benchmarking tool for compensation and evaluation of the firm (Armstrong et al. (2012), Powers et al. (2013)). Observing this change in the behavior of a firm with a new executive, peer firms within 2 We define tax avoidance as in Dyreng et al. (2008) as anything that lowers a firm’s taxes relative to pretax accounting income and so are agnostic about specifically what strategies may be used to lower tax rates, and do not attempt to say anything about tax shelters, tax evasion, tax risk, or tax aggressiveness, per se. We use the standard measure from the literature, the effective tax rate (ETR) calculated using GAAP and do further tests using cash taxes paid from the statement of cashflows (cash ETR). 2 the same industry could react in several ways. Peer firms could learn about tax planning strategies and attempt to implement those strategies themselves, reducing their cash outflows for taxes. It is also possible that industry peers could react in their reporting behavior, decreasing GAAP effective tax rates without changes in the underlying cashflows. A non-cash reaction would be consistent with managers fixating on reported tax expense and financial statement earnings (Armstrong et al. (2012)) and provide evidence on the primacy of the firm’s GAAP effective tax rate as the most important tax metric to top management (Graham et al. (2014)). There is an emerging literature highlighting the role of individual executives in corporate tax avoidance (Gallemore et al. (2014), Chyz (2013), Graham et al. (2014)). In this study, we use executive turnover at a firm to capture shocks in tax planning and reporting which may elicit a response from peer firms. We estimate the focal firm’s executive effects on tax avoidance as in Dyreng et al. (2010) using a technique developed by Bertrand and Schoar (2003) that tracks individuals who were top executives at more than one firm. This kind of methodology is now in wide use in finance and accounting, with other recent applications to disclosure choices (Bamber et al., 2010) and the accounting choices of CFOs (Ge et al., 2011). Our aim is to observe whether particular executives appear to have consistent effects on their firms’ tax avoidance and observe how that effect impacts industry peers (measuring the effect of focal firm shocks on peer firm tax behavior). We track CEOs, CFOs, and other top 5 executives listed in the ExecuComp database, and identify those firms that experienced significant changes in tax avoidance ability among their executive teams.3 We call these tax rate shocks, and distinguish whether they involve a substantial increase or decrease in the effective tax rate. We then generate an industry peer group for each firm, by finding, within industry, the five most similar firms, measured by size. Using these shocks, we model the tax 3 We acknowledge that the impact on taxes of executives in various top 5 position will vary. For example, a CFO likely has a great impact on taxation than a Director or VP of Marketing. Our empirical strategy deals with this concern by identifying "big shocks" to effective tax rates around executive turnover based on statistical significance and magnitude of the change. 3 planning and related financial reporting of peer firms, controlling for firm characteristics, and firm, executive, and industry-year fixed effects. Our identifying assumption is that after including this set of controls, the tax rate shock at a peer firm i is exogenous to the tax planning and related financial reporting decision of firm j. In essence, this means that we assume the executive turnover decision that gave rise to the tax rate shock at firm i is driven by either factors idiosyncratic to firm i, or by the common observable factors that we control for in our models. The presence of industry-year effects in our some of our specifications is designed to alleviate any remaining endogeneity concerns. Our results are consistent with the argument that tax rate shocks have an asymmetric, statistically significant effect on peer firm financial reporting for taxes but not the underlying tax cash flows. While a positive tax rate shock (a firm hires an executive team that is relatively bad at tax avoidance, resulting in a substantial increase in effective tax rate) appears to have no effect on peer behavior, industry peer firms respond by lowering their reported GAAP effective tax rate in response to a negative tax rate shock at the focal firm (a firm hires an executive team that is relatively good at tax avoidance, resulting in a substantial decrease in effective tax rate). We fail to observe a significant response in industry peer firms’ cash effective tax rates to either a positive or negative tax rate shock. These results are intuitive and in line with both academic (Brown and Drake (2013), Kubick et al. (2015)) and anecdotal evidence. If tax planning strategies or norms are to be considered seriously, an industry peer firm will respond, in a competitive environment, to a firm receiving a negative tax rate shock more readily than a firm paying higher taxes. If firms are unable to respond in real terms (i.e., reduce actual tax payments), or managers are incentivized to focus on reported GAAP effective tax rates, they will respond through financial reporting choices.4 4 Note, when a firm undertakes tax planning strategies to reduce tax payments, this can impact both the CASH ETR and the GAAP ETR (i.e., when the tax strategy increases permanent book-tax differences). Decreases in GAAP ETR without an associated decrease in CASH ETR are less likely to be the result of reduced tax payments and more likely to be the result of financial reporting choices (e.g., hold foreign earnings and taxes constant, a firm can decrease GAAP ETR by declaring a larger amount of foreign earnings as indefinitely reinvested (Krull (2004)). 4 The financial reporting result is consistent with evidence on the importance and salience of bottom line net earnings to executives. Extant financial accounting studies provide evidence that managers fixate on financial reporting income and are even willing to forego positive net present value projects in order to meet or beat earnings targets such as analysts’ forecasts (Graham et al. (2005)). In a tax setting, Graham et al. (2014) survey corporate tax executives and find that approximately half of the managers in their sample of publicly-traded firms indicate that their firm’s GAAP effective tax rate is the most important tax metric to top management, whereas only 15 percent state that cash taxes paid is the most important tax metric. Armstrong et al. (2012) provide further evidence consistent with the primacy of GAAP ETRs to managers. They find a strong negative association between tax director incentive compensation and GAAP ETRs, but no relation between incentive compensation and cash ETRs. Collectively, these studies suggest that if firms benchmark there tax avoidance against industry peers, it is likely that reported tax numbers are more important than actual tax payments. It is possible that an industry peer firm could respond by devoting more resources toward other endeavors, but our results indicate that peer firms react only to the hiring of tax avoiding executive teams, and not to those which place less of an emphasis on tax planning, possibly due to a ratchet effect. A simple rationale for this result is the observation that investors and journalists appear to put most if not all emphasis, when considering tax rates, on particularly low tax rates, either in absolute terms, or within industry. We conduct a variety of robustness tests by varying the procedure to estimate the tax rate shocks and construct the peer groups. The peer effects associated with a downward tax rate shock appear to occur quite quickly and persist over several years. In all specifications we do not find evidence of peer effects on cash effective tax rates, even after a number of years. There is an emerging related literature on network and peer firm effects on tax planning. Related to the notion of peers and learning, prior research has examined the role 5 of contagion of specific tax strategies among firms with network ties. Contagion could represent a form of learning in which firms become aware of the choices of other firms due to some interconnections, and act on this knowledge. Looking at board interlocks, in which a board member of one firm is also a board member at another firm, Brown (2011) finds that these ties increase the likelihood of the adoption of the corporate owned life insurance (COLI) shelter. Brown and Drake (2013) uses these same interlocks to examine the behavior of low tax firms, finding board membership does play a similar role in perpetuating tax avoidance strategies. These prior studies differ from ours in that they examine specific tax strategies and real connections of personnel between firms. Our focus is on how firms respond, in terms of reporting choices and cash flows, when a peer alters their tax avoidance behavior. The prior research most closely related with our study examines the impact of product market competition on is tax avoidance (Kubick et al. (2015), Brown et al. (2014)). These studies focus on how a firm’s competitive environment, or their leadership within their product market, impacts their tax avoidance. We differ these prior studies in several important ways.5 First, while prior research focuses on the cause of higher levels of tax avoidance behavior of product market leaders and in more competitive markets, our study focuses on how financial reporting for taxes and tax payments change in response to exogenous shocks to a peer firm’s tax avoidance. The source of the change in tax avoidance at the focal firm is not important in our setting (as long as it is exogenous to the peer firms), whereas this is the primary question at issue in these prior studies. Our hypotheses and tests relate to how similar firms (i.e., peers) respond to changes in tax avoidance at the focal firm; we do not restrict the focal firm to being a product market leader or not, being large or small, or any other criteria. We also do not focus on particularly competive (or not) industries. Alternatively stated, our study examines the dynamics within a group of peer firms of financial reporting and payment of taxes, 5 We discuss the similarities and differences in between our study, Kubick et al. (2015), and Brown et al. (2014) in greater detail in section 4.4. 6 not the impact of a “leader.” Our focus is simply on how firms respond to the actions of their closest peers. In supplemental tests we document that our results are strongest in less competitive industries (i.e., industries with a Herfindahl index value above median). The remainder of the paper is organized as follows: Section 2 develops our testable hypotheses, Section 3 describes the data and empirical methodology in detail, Section 4 presents the results and Section 5 concludes. 2. Hypothesis Development 2.1. Peer Firm Responses to Focal Firm Shocks Peer firms are often in competition for the same customers, supply chains, employees, investors, and, in particular, managerial talent. At these firms, management engages in various activities, from marketing, to operations, to tax, and must learn from or succeed the competition, or face market reaction to unexploited opportunities. If a firm adopts a strong tax avoidance strategy, then its peers may learn from this behavior, and devote resources toward meeting similar strategies. Alternatively, if a firm is unwilling or unable to respond in terms of cash flow effects to the newly adopted tax avoidance strategy at a peer firm, then it may attempt to respond in terms of reported tax expense. In either case, it naturally follows that firms learn from and respond to behaviors of those closest to them, as innovations among peers may be both the most salient and the most applicable. When a firm hires a new executive, the firm could seek to hire an executive team member who is good at tax avoidance strategies. Alternatively, the firm could look to executives with other strengths and talents who may not be as skilled in avoiding tax payments (Dyreng et al. (2010)). This means that a CEO, for example, could orient firm strategy toward tax avoidance, or a CEO could focus on other factors, leaving tax avoidance less important. This behavior is not necessarily inconsistent with effective tax planning. As emphasized in the Scholes and Wolfson framework (Scholes et al. (2015)), the goal of effective tax planning is to maximize after tax cash flows and not simply 7 minimize tax payments. Whether a new manager implements a move is toward a lower tax rate or a higher tax rate, peer firms will evaluate the situation has should respond accordingly. This is should be true if firms are matching overall strategies, or if tax planning is important for competitive reasons, but is not profitable. This hypothesis would not hold however, if there are preexisting tax norms that continue to hold, if firms are unable to observe the new tax avoidance strategies or determine a suitable substitute, or if firms fail to respond due to fears of regulator/IRS responses and reputational concerns (Dyreng et al. (2014)). Hypothesis 1. Tax rate shocks are positively associated with tax rate changes at peer firms. 2.2. Peer Firm Asymmetric Responses Our first hypothesis predicts a symmetric reaction to positive and negative tax rate shocks. If firms are learning about tax avoidance from their peers, waiting for other firms to "test the waters" with more aggressive tax strategies, or are driven by norms about tax avoidance and devote resources toward strategies as other firms ramp up their tax avoidance, then an asymmetric response is possible. If this were the case, industry peer firms would only respond to negative tax shocks. If a focal firm has a positive tax shock, then a peer firm would have little incentive to change their financial reporting behavior to show lower bottom line net income or change their tax planning to pay higher taxes. Whether the focal firm is using overall corporate strategies that limit tax avoidance, or are failing to consider tax avoidance as a valuable part of overall corporate strategy, the peer firm has nothing to learn from a tax perspective from the new behavior of the focal firm. A peer firm looks for competitive advantage, and while the other firm could be doing something new, it would not necessarily effect their tax avoidance strategy. If, however, the focal firm exhibits a negative tax shock, then it may be evidence they found a new tax strategy, or that the competitive environment drives them to lower taxes. A 8 peer firm observes this, and must respond in some way. Either the peer firm learns of something new, or realizes the opportunity to remain competitive. Brown and Drake (2013) document just this kind of asymmetry. Hypothesis 2. Negative tax rate shocks have stronger effects on tax rate changes at peer firms than positive tax rate shocks. 2.3. CASH ETR Peer Firm Responses There are many ways to measure tax avoidance, and this choice is particularly important to our study. The two primary measures used in prior literature are a measure based on book tax expense (GAAP ETR) or a measure based on cash taxes paid (cash ETR). We use GAAP ETR in our main tests because it appears to be the measure most salient to investors and other capital market participants. Since managerial compensation is typically based on GAAP measures, such as earnings per share, one might also expect the GAAP ETR to be the subject of competition across firms or managers. Finally, for the same reasons why cash-based measures are often preferred in the literature (Dyreng et al. (2008), Edwards et al. (2014)), GAAP measures offer more opportunities for manipulation or ‘window-dressing’ in response to tax rate shocks at focal firms. As a result, peer firms who are unwilling or unable to respond to tax rate shocks in real terms (i.e., tax related cash flows) are still incentivized and could still respond in terms of reported GAAP ETRs. Prior studies on financial reporting incentives provide evidence that managers are fixated on bottom line reported financial accounting income and are even willing to forego positive net present value projects in order to meet or beat earnings targets such as analysts’ forecasts (Graham et al. (2005)). More directly related to this study, in a tax specific setting, Graham et al. (2014) survey corporate tax executives and document that almost half of the surveyed managers of publicly-traded firms indicate that the most important tax metric to their firm’s top executives in the firm’s reported GAAP effective 9 tax rate. The importance of the GAAP effective tax rate can be viewed in contrast to cash taxes paid, which only 15 percent state of surveyed managers indicate is the firm’s most important tax metric. Armstrong et al. (2012) provide further evidence consistent with the primacy of GAAP ETRs to managers. They find a strong negative association between tax director incentive compensation and GAAP ETRs, but no relation between incentive compensation and cash ETRs. Collectively, these studies suggest that if firms benchmark there tax avoidance against industry peers, it is likely that reported tax numbers are more important than actual tax payments. Hypothesis 3. GAAP ETR responses by peer firms to tax rate shocks are stronger than CASH ETR responses by peer firms to tax rate shocks. 3. Data and Methodology 3.1. Sample and Descriptive Statistics We use the same sample of firm years to both identify focal firm shocks and measure peer firm responses. Our sample selection procedure begins with all executives listed in the ExecuComp database from 1992 through 2012. We look at executive tenures across firms and years, looking for executives that work across several firms. Our data requirements are minimal, requiring that the firm-year be listed in the Compustat database with non-missing values of total assets and other required firm characteristics available. The resulting sample is 24,800 firm-year observations. Table 1 presents descriptive statistics and Table 2 presents correlations. The GAAP effective tax rate, (GAAP ETR) is measured as total tax expense (current and deferred) divided by pre-tax income (less special items).6 Consistent with prior research, the mean GAAP ETR in the sample is 29.7%, with a median of 32.6%, which are both below the U.S. statutory rate of 35%. We 6 Following Dyreng et al. (2010), we winsorize the ETR measures at 0 and 1, and use raw values of the control variables. In an untabulated robustness check, we repeat our analysis winsorizing all continuous variables at the 1 percent and 99 percent levels, results are similar to those reported in the tables and inferences are unchanged. 10 will also examine cash effective tax rates (CASH ETR), which is calculated as the cash payment of taxes during the fiscal year divided by pre-tax income (less special items). We observe CASH ETR that are several percentage points lower than GAAP ETRs, with a mean value of 27.0% and median of 25.4%. The table also includes statistics for the standard set of control to be included in regressions explaining firm level effective tax rates. 3.2. Estimating Tax Shocks The first step of developing our focal firm shocks to tax rates is to estimate the effects of individual executives on firm tax avoidance, as in Dyreng et al. (2010). While some of the previous literature has emphasized the homogeneity of executives, we appeal to the alternative view, as discussed in Bertrand and Schoar (2003), that executives have ample discretion within firms, and that they use this discretion to affect corporate policy, particularly tax avoidance strategies in our setting. We follow Bertrand and Schoar (2003) and Dyreng et al. (2010) and estimate the following regression model over our panel of data. ET Rit = α0 + ∑ αkCONT ROLitk + ∑ αt Y EARt + ∑ αi FIRMi t k j + ∑ αm EXECUT IV Em + εit . m Here ET Rit is GAAP ETR (or CASH ETR for later comparison tests of Hypothesis 3), and FIRMi , Y EARt are firm and year fixed effects respectively. Following Dyreng et al. (2010) we include control variables for firm profitability (EBIT DA), research and development activities (R&D), advertising expenses (ADV ERT ISING), selling general and administrative expenses (SG&A), capital expenditures (CAPITALEXPENDITURES), sales growth (CHANGEINSALES), capital structure (LEV ERAGE), cash holdings (CASHHOLDINGS), foreign activity 11 (1) (FOREIGNOPERAT IONS), size (SIZE), the presence of loss carryforwards (NET OPERAT INGLOSS), stock based compensation (OPT IONEXPENSE), intangibility (INTANGIBLEASSET S), and property, plant, and equipment (GROSSPP&E). Detailed variable definitions are included in Table 1. We are interested in uncovering the statistically significant parameters from among the EXECUT IV Em fixed effects. We employ panel data so that variation in executive tenure, or more specifically, executive turnover, can be used to identify the effects executives have vs. stationary firm characteristics that could have tangible effects on tax avoidance. As a result, we can only estimate managerial fixed effects for managers who worked at multiple firms in our sample. By pure chance, one would expect that some executives will have a significant effect, in a statistically sense. However, Dyreng et al. (2010) find that the number of observed significant managers is significantly different from a ‘noise’ benchmark, a fact that we verify for our slightly larger sample (due to our longer sample period) in untabulated results. A firm can hire or fire several executives at once, leading to a possible wholesale change in tax avoidance. To estimate tax shocks at the firm-year level, we employ a parsimonious procedure of summing only those executive effects within a firm and year that are statistically significant to get a fixed effect for the top executive team in that year. Alternative procedures, such as using an F-test to determine the joint significance of executive fixed effects in a particular year yield similar results. A firm-year is coded as a focal firm tax shock, which we denote as BIGSHOCK, if the sum of significant fixed effects is, in absolute value, above a threshold of 0.05, corresponding to a five percentage point difference in effective tax rate. In further tests, this variable is split into BIGSHOCKUP, if the tax rate increased due to the shock, and BIGSHOCKDOW N if the rate fell. In summary, the procedure for defining BIGSHOCK is as follows: 12 BIGSHOCKt = 1 -1 0 if the sum of significant executive fixed effects in year t, subtracting the sum of significant executive fixed effects in year t − 1, is greater than 0.05 if the sum of significant executive fixed effects in year t, subtracting the sum of significant executive fixed effects in year t − 1, is less than -0.05 otherwise and, for later specifications, to break down the direction of the shock, BIGSHOCKUPt = 1 if BIGSHOCKt = 1 BIGSHOCKDOW Nt = −1 if BIGSHOCKt = −1 For the estimation of peer effects in Section 3.4, we would like these tax shocks to be exogenous in the sense that they are uncorrelated with the error terms in the tax rate regressions for peer firms, conditional on observables. Note that this does not preclude a board replacing an executive who is relatively poor at tax avoidance with one who is relatively good, or vice versa, for unobservable reasons, or based on omitted variables that we cannot include in our tax rate regressions. Alternatively stated, for our purposes, it does not matter if a board chooses its executives particularly for their tax avoidance abilities, or even does so anticipating future tax rate changes. Our empirical strategy relies on the tax shocks being exogenous to the peer firm but, the shock need not be exogenous to the focal firm actually undergoing the executvie turnover. This is an important point given recent work by Fee et al. (2013), documenting that boards seem to anticipate apparent changes in managerial style so that such changes in, for example, tax avoidance behavior, could reflect a purposeful choice by the board. For this reason, in our empirical strategy for estimating peer effects, we are particularly concerned with controlling for 13 external drivers of such a decision. 3.3. Determining Peers We define a firm’s peers as those firms that are most similar in industry and size. Firms define their own peer groups for compensation in their proxy statements (Lewellen (2014), Albuquerque et al. (2013)) or for product market purposes in their annual reports but we wish to avoid any firm-level biases in determining peer groups. Analysts also determin and disclose peer groups in their reports but this selection process is also subject to discretion and impacted by strategic and opportunistic factors (De Franco et al. (2014)). In all these cases, such peer groups also vary in number of firms included (making results less comparable across firms), and could contain cherry-picked firms which are neither industry-comparable nor otherwise relevant to a firm’s operational choices. Choosing industry specifications for firms is non-trivial in determining the peers of a firm. We wish to correctly control for any industry trends that may occur, while also allowing for there to be enough peers within each industry in each year. If an industry specification is too granular, then we face the problem of not properly modeling industry trends that potentially drive tax behavior. If, however, we make our industry specification too fine, there might not be enough firm observations in each industry and year to construct a peer group. We choose the Fama-French 17 industry definition (Fama and French (1988)), with its focus on capital market considerations, as a balance between these two competing drivers. The mean number of firms in each industry and year is 74, while the median is 61. The associated tenth and twenty-fifth percentiles are 16 and 23 so that even in relatively smaller industries, we have a meaningful number of potential sample firms from which to pull out size-comparable peers.7 In addition to selecting the set of peer firms within industry, we must also select firms that are comparable. If one firm is to learn from or benchmark against another, or 7 In contrast, 2-digit SIC codes have a median of 10 in each industry and year in our sample, with a tenth percentile of 3, and a twenty-fifth percentile of 5. 14 for the firms to be compared in the marketplace, then they might also need be similar in characteristics other than industry. For our tests, we choose to select peer firms that are also of similar size. When selecting similar sized firms from an industry-year to form the peer group, the choice of number of peer firms is also subject to a tradeoff. If we choose a number of peer firms which is too small, then measuring the effect of shocks to a focal firm will very rarely significantly effect the peer group. If, however, we choose a number of peer firms which is too large, then the effect of a shocks to the focal firm on a peer should fall as that peer firm becomes less and less comparable. When selecting firms for similar size, we measure firm size as total assets. In in main analysis we select an ad-hoc number of five industry-year peer firms. We investigate alternative ways of defining peer groups in Section 5. 3.4. Estimating Peer Effects The goal of our study is to measure the effect of shocks, in the form of a large change to the executive fixed effects of tax avoidance at a focal firm, on the effective tax rate of peer firms. Using BIGSHOCK, as defined above, and the industry-size peer groups for each firm, we model the effective tax rates of peer firms using a specification similar to Equation 1. We use this model to isolate discretionary choices over effective tax rates that peer firms take in response to shocks. We measure the effect of the shock at the focal firm, on the peer firms, one year after the shock first occurs. We later investigate possible timing differences in effects using the level of the shock and a series of lags. ET Rit = α0 + ∑ αkCONT ROLitk + ∑ αt Y EARt + ∑ αi FIRMi + ∑ αm EXECUT IV Em k t i m +BIGSHOCKi,t−1 + εit Despite the many controls we include for evaluating a business’s opportunities 15 (2) for tax avoidance, we also include year and firm fixed effects. The inclusion of year fixed effects accounts for macroeconomic changes effect tax payment or financial reporting choices across firms. The inclusion of firm fixed effects accounts for the impact of tax payment and the related financial reporting behavior of any firm specific characteristic that is fixed over time, which may be unobservable or difficult to model. This could still leave possible endogeneity between focal firm shocks and the respective peer firm behavior, however. To draw stronger causal inferences, we need focal firm shocks that are exogenous to the strategy of the peer firm. There could be some sort of within-industry trend or shock that leads firms in an industry to reduce their tax burden or otherwise engage in more or less tax avoidance behavior. Such phenomena include industry-level changes in tax policy from the government or changes in IRS audit frequency and/or intensity. To alleviate this concern, and to make the effects of these shocks exogenous to industry trends or strategies, we also utilize a regression model for the effective tax rates that includes separate year effects by industry (i.e., industry-year fixed effects). ET Rit = α0 + ∑ αkCONT ROLitk + ∑ αt Y EARt ∑ α j FIRM j + ∑ αm EXECUT IV Em k t j m +BIGSHOCKi,t−1 + ∑ α` INDUST RY` ×Y EARt + εit (3) `,t If firms are merely copying the behavior of their peers, then positive shocks to tax rates at focal firms will induce peer firm responses as much as negative shocks to focal firm tax rates. This would be consistent with a story in which tax avoidance is arbitrary, and firms engage in it merely to appear like their peers, rather than to remain competitive. However, it is more natural to consider learning, or competition, as drivers of tax avoidance behavior. If a focal firm receives a positive shock to its tax rate, then peers will not respond in a statistically significant way. The reason is that the peer firm is not learning of new tax avoiding strategies, how these strategies may be perceived as the norm in the market, or how to respond competitively with tax avoidance. The focal 16 firm with the positive tax shock could have chosen management without considering tax avoidance concerns. The selection of new management could be to address any of several other within-firm concerns. If a focal firm receives a negative tax rate shock, then peer firms will be more likely to respond. A peer firm can learn about the tax avoiding strategy, better understand the regulatory response, or attempt to respond to the change in tax avoidance behavior through financial reporting choices. To meet these asymmetric concerns of the underlying tax avoidance story, we introduce a split shock, with the same signs as before, BIGSHOCKUP and BIGSHOCKDOWN. This allows for different effects for shocks upward to focal firm tax rates and those shocks downward. ET Rit = α0 + ∑ αkCONT ROLitk + ∑ αt Y EARt + ∑ α j FIRM j + ∑ αm EXECUT IV Em t k j m +BIGSHOCKUPi,t−1 + BIGSHOCKDOW Ni,t−1 + ∑ α` INDUST RY` ×Y EARt + εit (4) `,t 4. Results 4.1. Peer Firm Responses to Focal Firm Shocks When combining the estimated focal firm tax rate shocks with the panel data for estimating peer effects, we find that about two percent of our sample of firms are subject to a tax shock (from its own executive turnover) of at least five percentage points in GAAP ETR. This results in approximately ten percent of firm-years being indirectly affected by such a shock (i.e., ten percent of peer firm-year observations experience a shock to the focal firm’s GAAP ETR)—a function of our choice of peer group size. We investigate the impact of our selection of peer group size below. Conditional on being impacted by at least one focal firm tax shock in a given year, a peer firm faces on average 1.1 shocks in that year, so the procedure of averaging across focal firm shocks to a particular peer firm-year is not important to the results that follow. This also suggests 17 that the tax shocks are not arising due to an industry-wide response to a change in the benefits or costs of tax avoidance. To test our first hypothesis, we start with the basic model of tax avoidance presented in Table 3, including firm characteristics and year fixed effects, as well as dummy variables for a direct (own) shock or indirect (peer shock). The coefficient on BIGSHOCK is positive, as expected, which means that a firm responds to shocks at a focal firm by adjusting their GAAP effective tax rate in the same direction by 0.35 percentage points. However, this result is merely suggestive, since the t-statistic of 1.52 is below traditional levels of significance. This same pattern of results holds after adding firm fixed effects, in column (2), and executive fixed effects, in column (3), which yield the equivalent empirical model to the model that was used to estimate the tax shocks in section 3.2. In column (4), we add industry-year fixed effects. Note that a firm’s own shock has a strong effect in the predicted direction, of just under six percentage points of ETR, in columns (1) and (2), which is a mechanical result of our procedure for estimating focal firm tax shocks. After adding executive fixed effects in columns (3) and (4), this effect mechanically goes away because of the near-perfect collinearity between the tax shock and the executive fixed effects.8 4.2. Peer Firm Asymmetric Responses The specifications in Table 3 assume a symmetric effect of tax rate shocks (i.e., positive and negative shocks are both included in the BIGSHOCK indicator variable). To examine is the response to focal firm tax rate shocks is asymmetric we proceed to test our second hypothesis by splitting BIGSHOCK into two mutually exclusive indicator variables according to whether the tax rate shock was positive or negative. Table 4 employs this classification and presents the same four specifications as above. An asymmetric 8 The reason these coefficients can be estimated at all is that the shock is a nonlinear transformation of a linear combination of the executive fixed effects, though the variation induced by this transformation is small. 18 response is clear from the simple model presented in column (1), where the coefficient on BIGSHOCKUP is very close to zero and not close to statistical significance, whereas BIGSHOCKDOW N is positive and statistically significant. This means that when a focal firm (i.e., a firm’s peer firm) experiences a negative tax shock (an increase in tax avoidance), the firm itself also experiences a decline in GAAP effective tax rate. If the firm itself experiences a shock, its own tax rate moves in the predicted direction. In terms of magnitude, the peer effect is about 0.6 percentage points, relative to an own effect of five percentage points. In column (2), we add firm fixed effects so that identification of tax effects comes from changes in tax rates within firms over time. This yields somewhat larger effects from the shock though the relative magnitude of the peer effect and own effect is similar. Column (3) adds in executive fixed effects to parallel the model used to estimate tax shocks in section 3.2. The peer effect for the downward shock remains positive and significant. As above, this specification removes the effect of OW NSHOCK through its collinearity with the executive fixed effects. The fourth column adds industry-year fixed effects for 17 Fama-French industries, which control for such factors as industry-level tax policy changes, changes in IRS audit risk, or changes in public perceptions or opinions about tax avoidance activity. This addition yields substantially similar results. In untabulated results, we verify that the choice of industry aggregation level at which to construct the industry-year controls does not meaningfully impact the results. In fact, the results are robust to controlling for variation at a much lower level of aggregation. Ideally, we would preform this estimation using a richer model that determines tax shocks simultaneously with peer effects. This would allow for multiple levels of interaction between firms, with peer firms responding to a shock at the focal firm, then the focal firm itself responding to the peer firms, and so on. Such a procedure would be computationally taxing and econometrically complex. However, because the magnitude 19 of peer effects is smaller than the size of the tax shocks by approximately an order of magnitude, we do not think that feedback from peer firms back to the focal firms would significantly affect our results or inferences. Table 5 investigates the robustness of the evidence for asymmetric peer effects along three different dimensions: the peer group industry choice, the number of peers per firm, and the choice of cutoff for determining tax shocks at focal firms from executive turnover. We consider two digit NAICS industries and GIC groups in addition to the baseline 17 Fama-French industries. Results obtain using all industry definition are quantitatively and qualitatively similar. Next, we vary the size of the peer group from three to seven (note, in Table 2 and 3 we report results using peer groups of five); qualitatively, the results are similar though there is some evidence of an increase in peer effect as the group size increases. Expanding the peer groups further yields progressively smaller (untabulated) effects, which retain statistical significance until a peer group size of ten. This is suggestive of the tradeoff discussed above between the necessity of having enough shocks to actually estimate an effect and expanding the group so much that comparability between firms declines too much to see any effect. Lastly, we consider different choices for the cutoff in determining tax shocks. Varying the cutoff for effective tax rate change from all statistically significant changes greater than zero to all those greater than ten percent yields broadly similar results. In sum, the significant peer effects for downward shocks to effective tax rates, and lack thereof for upward shocks, appear to be robust to a variety of changes to our estimation procedure. In all of the preceding results, we assume that the effects of a focal firm tax rate shock on peer firms take place with a one year lag. We now relax this assumption by adding the contemporaneous and three lags of the shock. We continue to separate positive and negative focal firm tax rate shocks. Because this specification requires more years of lagged data for each firm, the sample size in the regression models that follow are lower. 20 Table 6 presents the four specifications of the tax rate regression using the additional lags of the focal firm tax rate shock. BIGSHOCKUP is never close to significant in any of these specifications, while the pattern of coefficients for BIGSHOCKDOW N adds some nuance to the peer effects story. In each case, the effect increases from the year of the shock to the subsequent two years (though the increase itself is not always significant) and then becomes not significantly different from zero after that. The peak effect two years after the focal firm shock corresponds to a more than one percentage point fall in GAAP effective tax rate from a downward focal firm shock. The immediate effect is actually statistically significant in the final specification, which suggests rather fast dissemination of information and peer firm response, perhaps through quarterly reports or informal information flows across managers, employees or advisers. To illustrate the change in tax rates induced by focal firm tax rate shocks, we also add terms to the regression for the first three leads of tax shocks – indicator variables equal to one in year t if a shock occurs in year t + 1, t + 2 or t + 3. We run this regression in the specification including firm controls and both year and firm fixed effects, and graph the resulting coefficients and 95% confidence intervals in Figure 1. These results are slightly different from the preceding table for two reasons. First, we here allow for GAAP ETR changes to anticipate the focal firm tax rate shock by up to three years, both to properly measure the magnitude of changes in GAAP ETRs over time and as a test of the mechanism. More importantly, the additional three leads required means that we are effectively only using data through the end of 2009. Figure (1a) provides further evidence on the lack of peer firm impact of focal firm positive tax rate shocks. There appears to be little anticipation of the shock by peer firms and still no effect in the years following the focal firm positive shock. However, Figure (1b) provides some insight into the effects discussed above. None of the leads are significantly different from zero, providing no evidence of anticipation of the (future) focal firm negative shocks. This is reassuring supportive evidence for the exogeneity 21 of these focal firm shocks to peer firms. In contrast with the results in Table 6, we observe a more level effect of the negative shock, which appears to persist more strongly through three years following the focal firm shock. As the time after the shock increases, it becomes harder to attribute the change in GAAP ETR only to the shock; for this reason, we do not continue to investigate further lags or leads. The mean effects pre- and post-shock are significantly different at the 1% level and this result is maintained even when excluding the year of the shock, or even including it in the pre-shock period. For comparison purposes, and to illustrate the magnitude of peer effects, we combine and graph the coefficients delineating the estimated peer effect over time with those for the shocked focal firm itself, in Figure 2. The top figure again presents the effect of an upward shock to the GAAP effective tax rate, while the bottom figure present the same for a downward shock. In both figures, the direct effect of the shock on the focal firm (i.e., the firm actually experiencing the executive turnover) is approximately the same size and indicates a particularly large difference in tax rates in the years just before and after the shock. This could reflect purposeful behavior on the part of the firm or the executive but more likely results from the estimation procedure. Executive tenures which feature this pattern, whether behavioral or noise, are mechanically more likely to make it through the procedure and become embodied in our tax shocks. The magnitude of the focal firm change appears to decline over time, even after the year of the shock. Figure (2b) illustrates how the significant peer effects from the preceding figure compare to these direct effects for BIGSHOCKDOW N. The peer effect is approximately 10% of the focal firm effect, whether calculated as the immediate different in coefficients around the shock or the mean difference over time. Since a shock comes on average from only slightly more than one of a firm’s peers in a particular year (or 20% of its peer group), this corresponds to about a 50% response to the average effective tax rate in the peer group. This effect size is rather large given the paucity of evidence on peer effects in tax 22 avoidance, and the fact that tax planning strategies are not typically ‘one-size-fits-all’. Optimal tax strategies in both a static and a dynamic sense vary across firms so there is likely a limit to the extent to which one firm would or could respond to its competitors tax strategy (in terms of cash flows and/or reported tax expense). Underlying the large tax effects estimated by Dyreng et al. (2010) and replicated in this paper, must be the idea that the tax function is an area subject to managerial skill but also to managerial focus. Very large observed changes in GAAP effective tax rates, even if specifically brought about by a purposeful tax plan, are likely associated with declines in pre-tax profits It is also worth noting that actual peer effects in tax avoidance could be larger than we have estimated, for two key reasons. First of all, many tax planning strategies would operate through the firm characteristics which we include as controls, such as the indicator variable for foreign activity. Hence, if such strategies are learned from peers, they would show up as a change in the underlying firm characteristic and so would not give rise to any residual GAAP ETR difference. Second of all, the finance literature has documented peer effects in choices such as firm capital structures (Leary and Roberts (2014)) which have obvious tax consequences – these kinds of effects are also not captured by our empirical strategy. 4.3. CASH ETR Peer Firm Responses Next, we turn to our tests of our third hypothesis—that peer effects will be more pronounced in GAAP effective tax rates than in cash effective tax rates, because of the salience of the GAAP number to both managers and other capital market participants. Table 7 replicates the same four specifications of the earlier results for use cash effective tax rates (Cash ETRs) in lieu of GAAP ETRs. The choice of effective tax rate enters into the procedure twice—first when estimating focal firm tax shocks and then a second time when estimating the peer response (i.e., the peer effects). When we repeat our analysis using Cash ETRs, for both estimating the focal firm shock and the peer response, we fail 23 to observe a significant peer effect in any of the four specifications.9 When viewed in combination with the significant peer effects observed using GAAP ETRs and reported in Table 3, the lack of significance on Cash ETR responses provides evidence consistent hypothesis 3. The peer firm tax cash flow responses (i.e., changes in cash effective tax rates), to positive and negative GAAP and cash effective tax rate shocks at focal firms, are not statistically significant. While we are cautious not to accept the null hypothesis, it appears as though firms do not respond by changing tax payments to changes in the effective tax rates of their peers. This result is in contrast to the evidence presented above consistently documenting responses through financial reporting for taxes (i.e., GAAP ETRs). This discrepancy in peer effects could be due to GAAP-based compensation incentives for executives or the primacy of earnings based measures in capital markets that managers consider, and are incentivized by, when benchmarking corporate tax behavior. 4.4. Supplemental Analysis In this subsection we perform several supplemental analyses related to our main findings presented and discussed above. First, we examine the role of product market competition in our hypothsized relation. Several recent studies examine how product market competition impacts tax avoidance. For example, Brown et al. (2014) examine how increased product market competition impacts tax avoidance using two industry-level shocks to competition (reductions in import tariffs and major deregulation events). They observe that tax avoidance, measured using GAAP ETRs, increases following increases in competition, particularily for income mobile firms and firms that have Big N auditors. In a related study, Kubick et al. (2015) document that firms with high product market 9 In untabulated tests, we repeat this analysis examining peer firm Cash ETR responses to focal firm GAAP ETR shocks (i.e., using GAAP ETRs in the first stage to identify a tax rate shock and Cash ETRs in the second stage for the peer effect regression). This specification examines whether peer firms respond in terms of tax related cash flows to a GAAP effective tax rate shock at the focal firm. (i.e., What is the effect of shocks to GAAP effective tax rates on the cash ETRs of peer firms?). Consistent with hypothesis 3, we fail to observe significant coefficients on the BIGSHOCKUP and BIGSHOCKDOW N indicator variables. 24 power exhibit higher levels of tax avoidance than their product market competitors and that investors view comparatively the higher cash tax avoidance of firms with greater product market power as relatively more risky. Kubick et al. (2015) also document that other firms in the same product market mimic the tax avoidance behavior of high product market power firms. We differ from Brown et al. (2014) and Kubick et al. (2015) in several important ways. First, while Brown et al. (2014) and Kubick et al. (2015) focus on the impact of product market competition and product market leaders as a cause of higher levels of tax avoidance, our focus is on how financial reporting for taxes and tax payments change in response to exogenous shocks to a peer firm’s tax avoidance.10 The source of the change in tax avoidance at the focal firm is not important in our setting (as long as it is exogenous to the peer firms), whereas this is the primary question at issue in Kubick et al. (2015). Second, when examining if non-product market leader firms mimic the tax avoidance of product market leaders, Kubick et al. (2015) relate current levels of tax avoidance of non-product market leaders to the lagged tax avoidance of product market leaders. Our hypotheses and tests relate to how similar firms (i.e., peers) respond, in both reporting choices and cash flows, to changes in tax avoidance at the focal firm; we do not restrict the focal firm to being a product market leader or not, being large or small, or any other criteria. To examine the effect of product market competition on our findings, we begin by partitioning our sample into groups based on high and low product market competition. To do so, we calculate the Herfindahl index by industry-year and designate observation with values of the Herfindahl index below median as facing high levels of product market competition. We repeat our main analysis on both high- and low-product market competition observations and observe that our results are generally strongest in less competitive industries. Finally, we perform (untabulated) supplemental analysis to 10 Brown et al. (2014) restrict their analysis to GAAP ETRs. The authors are unable to examine the, potentially differential, impact on CASH ETRs as a significant number of the competitive shocks they examine occure prior to 1987, when cash taxes paid became widely reported. 25 examine our findings in relation to the documented association between product market competition and the level of tax avoidance in Kubick et al. (2015) and Brown et al. (2014). Next, we perform several additional untabulated analysis around our coding of BIGSHOCK, BIGSHOCKUP, and BIGSHOCKDOW N. In the main analysis these variables are coded based on existence of a significant executive fixed effect using the Dyreng et al. (2010) methodology. Because this procedure uses the change in ETR not explained by firm characteristics in a regression model, not the raw change in ETRs themselves, it is possible that a positive shock is actually a negative change in raw ETR (and vice versa). Managers at peer firms could respond to this unexplained changed in ETR, or, they may respond to the more naive raw change in ETR. To ensure our results are robust to the potentially more naive approach managers could take, we first calculate the frequency that the sign of the raw change in GAAP ETR matches our coding of BIGSHOCKUP and BIGSHOCKDOW N. We observe that the signs match for approximately three quarters of observations.11 To further ensure the robustness of our findings, we repeat our multivariate analysis i) requiring that the direction of the raw change in ETR match the sign of the statistically significant shock obtained from the executive fixed effects model, and ii) requiring that the raw change in GAAP is at least five percent and in the same direction as the sign of the statistically significant shock obtained from the executive fixed effect model, in order to code the indicator variables, BIGSHOCKUP and BIGSHOCKDOW N, other than zero. Inferences from both these specifications are unchanged from those reported in the tables, for GAAP ETRs the coefficients on BIGSHOCKUP are not significantly different from zero and 11 Specifically, for BIGSHOCKUP, 73% of the changes are in the same direction, and for BIGSHOCKDOW N, 78% of the changes are in the same direction. 26 the coefficients on BIGSHOCKDOW N are significantly positive.12 5. Conclusion In this paper, we provide a novel empirical strategy for estimating causal peer effects in tax avoidance behavior across firms. Following the methodology of Dyreng et al. (2010), we identify effective tax rate shocks to firms based on executive turnover, which involves a significant change in the ‘tax avoidance ability’ of an executive team. Using these shocks, we examine whether peer firms adjust their tax payments and/or their associated financial reporting of tax expense in response to changes in the tax rates of peer firms. We find strong evidence for asymmetric effects – shocks that decrease effective tax rates at focal firms are associated with decreases in GAAP effective tax rates at peer firms, while those which decrease tax avoidance (increase effective tax rates) induce no such peer effect. The positive response seems to occur quite quickly and persists for several years. We also examine peer firm response to tax rate shocks in terms of real effects, changes in cash effective tax rates. Unlikely the peer responses through GAAP effective tax rates, we fail to observe significant changes in tax related cash flows at peer firms to tax rate shocks. Taken together this evidence is consistent with the primacy and salience of GAAP effective tax rates to managers, consistent with survey evidence (Graham et al. (2014)) and tax manager compensation (Armstrong et al. (2012)). 12 For comparability with the main results and the other robustness test reported in Table 5, the coefficients and standard errors on BIGSHOCKUP (se) and BIGSHOCKDOW N (se) are -.0023 (.0038) and 0.0130*** (.0045) respectively when requiring the direction of the raw change in GAAP ETR to match, and -0.0016 (.0043) and .0121** (.0053) respectively when requiring at least a five percent change in the raw GAAP ETR. 27 References Ana Albuquerque. Peer firms in relative performance evaluation. Journal of Accounting and Economics, 48(1):69–89, 2009. Ana M Albuquerque, Gus De Franco, and Rodrigo S Verdi. Peer choice in ceo compensation. Journal of Financial Economics, 108(1):160–181, 2013. Christopher S. Armstrong, Jennifer L. Blouin, and David F. Larcker. The incentives for tax planning. Journal of Accounting and Economics, 53(1):391–411, 2012. Anil Arya and Brian Mittendorf. Using disclosure to influence herd behavior and alter competition. 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None of the effects are statistically significant for BIGSHOCKUP, while the contemporaneous and lags of BIGSHOCKDOW N are all significantly different from zero. Contrary to the results presented in the tables, the coding of the focal firm shock in this figure corresponds to the direction of the change in GAAP ETR, so that BIGSHOCKDOW N is associated with decreases in GAAP ETRs. In this case, the mean coefficients pre- and post-shock are significantly different from each other at the 1% level. This result is maintained when dropping the level and comparing only the leads and lags. 31 .09 Residual ETR Change -.03 0 .03 .06 -.06 -.09 -3 -2 -1 0 1 Time Period Around Shock 2 3 -.06 Residual ETR Change 0 .03 -.03 .06 (a) ∆ET R over time: BIGSHOCKUP and OW NSHOCKUP -3 -2 -1 0 1 Time Period Around Shock 2 3 (b) ∆ET R over time: BIGSHOCKDOW N and OW NSHOCKDOW N Figure 2: This figure presents the residual effect of a focal firm tax rate shock (figure 2a for upward, figure 2b for downward) on the GAAP ETR of a peer firm as well as the residual tax rate for the firm receiving the initial tax shock from its own executive turnover. Each figure presents the effects for three years prior, the year of the tax rate shock, and three years following. The dashed lines correspond to 95% confidence intervals. The changes for peer firms are not statistically significantly different from zero for upward shocks, but are in the years following a downward shock. The statistically significant response is roughly 10% of the own shocked firm’s residual tax rate change. 32 Table 1: Descriptive Statistics Variable GAAP ETR CASH ETR EBITDA R&D ADVERTISING SG&A CAPITAL EXPENDITURES PERCENTAGE CHANGE IN SALES LEVERAGE CASH HOLDINGS FOREIGN OPERATIONS NET OPERATING LOSS SIZE ESTIMATED OPTION EXPENSE INTANGIBLE TO TOTAL ASSETS GROSS PP&E TO TOTAL ASSETS BIGSHOCK BIGSHOCKUP BIGSHOCKDOWN n Mean Std. Dev. 25th 50th 75th 24,800 23,179 24,800 24,800 24,800 24,800 24,800 24,800 24,800 24,800 24,800 24,800 24,800 24,800 24,800 24,800 24,800 24,800 24,800 0.297 0.270 0.174 0.032 0.011 0.196 0.116 0.126 0.225 0.134 0.540 0.366 7.607 0.009 0.176 0.535 -0.011 0.086 -0.098 0.154 0.186 0.106 0.143 0.028 0.165 0.081 0.517 0.190 0.155 0.498 0.482 1.584 0.046 0.186 0.388 0.429 0.282 0.297 0.232 0.148 0.107 0.000 0.000 0.067 0.062 0.008 0.068 0.022 0.000 0.000 6.467 0.000 0.019 0.225 0 0 0 0.326 0.254 0.153 0.000 0.000 0.172 0.095 0.083 0.212 0.071 1.000 0.000 7.462 0.000 0.115 0.450 0 0 0 0.374 0.345 0.218 0.028 0.007 0.294 0.147 0.182 0.339 0.193 1.000 1.000 8.611 0.003 0.278 0.788 0 0 0 Data comes from the Compustat universe of firms, with estimated option expense from Execucomp, for the years 1992-2012. The following variable definitions are based on Dyreng et al. (2010). GAAP ETR — the financial accounting effective tax rate, defined as total income tax expense divided by pre-tax book income before special items; CASH ETR — the cash effective tax rate, defined as cash tax paid divided by pre-tax book income before special items; EBITDA — earnings before interest, taxes, depreciation, and amortization scaled by lagged total assets; R&D — research and development expense divided by net sales; when missing, we count it as 0; ADVERTISING — advertising expense divided by net sales; when missing, we count it as 0; SG&A — selling, general, and administrative expense divided by net sales; missing values of SG&A are counted as 0 when used as a control variable in Equation 1; CAPITAL EXPENDITURES — reported capital expenditures divided by gross property, plant, and equipment; CHANGE IN SALES — the annual percentage change in net sales; LEVERAGE — the sum of long-term debt and long-term debt in current liabilities divided by total assets; CASH HOLDINGS — cash and cash equivalents divided by total assets; FOREIGN OPERATIONS — the firm has a non-missing, non-zero value for pre-tax income from foreign operations, zero otherwise; SIZE — the natural log of total assets; NET OPERATING LOSS — an indicator if the firm has a non-missing value of tax loss carry-forward, zero otherwise; OPTION EXPENSE — calculated from ExecuComp as the average annual value realized from exercise of options for the top executives grossed up by the fraction of options owned by the covered executives, scaled by average total assets; INTANGIBLE ASSETS — the ratio of intangible assets to total assets; GROSS PP&E — gross property, plant, and equipment divided by total assets BIGSHOCK — statistically significant changes to managerial tax avoidance ability coded as 1 for significant positive shocks to GAAP ETR, -1 for significant negative shocks to ETR, and zero otherwise BIGSHOCKUP — an indicator variable coded as 1 for the positive portion of BIGSHOCK (i.e., increases in GAAP ETR), and zero otherwise BIGSHOCKDOWN — an indicator variable coded as -1 for the negative portion of BIGSHOCK (i.e., decreases in GAAP ETR), and zero otherwise 33 34 (1) GAAP ETR (2) CASH ETR (3) EBITDA (4) R&D (5) ADVERT (6) SG&A (7) CAPX (8) 4 SALES (9) LEVERAGE (10) CASH (11) FOR. OPS. (12) SIZE (13) NOL (14) OPT. EXP. (15) INTAN (16) GROSS PP&E (1) 1 0.22 0.11 -0.16 0 -0.01 0.06 0.01 0 -0.07 -0.14 -0.05 -0.11 -0.01 -0.04 0.04 1 -0.07 -0.09 0.01 0 -0.04 -0.08 -0.02 -0.08 -0.02 -0.04 -0.08 -0.06 -0.03 -0.03 (2) 1 0.02 0.09 -0.01 0.33 0.23 -0.09 0.19 -0.07 -0.26 -0.08 0.22 -0.07 0.05 (3) 1 -0.02 0.04 0.13 0.03 -0.22 0.47 0.23 -0.12 0.11 0.1 0.01 -0.24 (4) 1 0.02 0.05 -0.02 0 0.06 0.06 0.02 0 0 0.08 -0.08 (5) 1 0.01 0 0 0.04 0.01 -0.03 0.01 0.01 0 -0.03 (6) 1 0.24 -0.17 0.25 -0.1 -0.23 -0.04 0.18 -0.05 -0.25 (7) This table presents Pearson correlations for the control variables in the sample. 1 -0.03 0.06 -0.04 -0.07 -0.01 0.09 -0.02 -0.07 (8) Table 2: Correlations 1 -0.39 -0.06 0.27 0.03 -0.12 0.06 0.23 (9) 1 0.09 -0.27 0.06 0.19 -0.07 -0.36 (10) 1 0.16 0.25 -0.07 0.09 -0.15 (11) 1 0.06 -0.23 0.4 0.05 (12) 1 -0.01 0.02 -0.1 (13) 1 -0.03 -0.08 (14) 1 -0.09 (15) 1 (16) Table 3: Symmetric Peer Effects This table presents results from the estimation of the effect of signed (positive or negative) shocks to a focal firm’s GAAP effective tax rate on the GAAP effective tax rate of that firm’s peers. Data comes from Compustat and Execucomp and covers 24,800 firms, year observations from 1992-2012. Following the specification in Equation 2, we model the effects on GAAP effective tax rate shocks on peer firms’ GAAP effective tax rates using various controls, year, firm, and industry fixed effects, to uncover the effects of a large shock up or down—BIGSHOCK—to another firm’s reported tax expense. (1) includes controls listed in Table 1, whether a firm received an executive tax rate shock itself, and year fixed effects. (2) also controls for firm fixed effects. (3) adds in executive fixed effects. (4) also includes separate year effects for 17 Fama-French industries. ***, **, and * indicate significance at the 1%, 5% and 10% levels (two-sided test). See Table 1 for variable definitions. (1) 0.0035 (0.0023) (2) 0.0038 (0.0023) (3) 0.0033 (0.0025) (4) 0.0026 (0.0025) Controls, OwnShock, & Year FE Firm FE Executive FE Industry*Year FE 0.0562*** (0.0051) 0.1143*** (0.0173) −0.0573* (0.0331) 0.0490 (0.0433) −0.0000 (0.0002) 0.0564*** (0.0147) −0.0048** (0.0022) −0.0217** (0.0090) −0.0785*** (0.0120) −0.0268*** (0.0030) 0.0004 (0.0011) −0.0150*** (0.0030) −0.0622*** (0.0129) −0.0000* (0.0000) −0.0122*** (0.0044) Y N N N 0.0578*** (0.0054) 0.0988*** (0.0281) −0.0346 (0.0280) −0.1869* (0.1053) −0.0003*** (0.0001) 0.0719*** (0.0191) −0.0053*** (0.0017) −0.0315** (0.0124) −0.0014 (0.0166) −0.0047 (0.0050) 0.0129*** (0.0038) −0.0097** (0.0041) −0.0414*** (0.0136) −0.0000*** (0.0000) 0.0049 (0.0118) Y Y N N −0.0008 (0.0060) 0.0893*** (0.0244) −0.0260 (0.0217) −0.2007* (0.1219) −0.0003*** (0.0001) 0.0682*** (0.0195) −0.0056*** (0.0020) −0.0255* (0.0151) −0.0042 (0.0187) −0.0092 (0.0057) 0.0127*** (0.0046) −0.0127*** (0.0047) −0.0395*** (0.0132) −0.0000** (0.0000) 0.0035 (0.0146) Y Y Y N −0.0006 (0.0059) 0.0826*** (0.0224) −0.0280 (0.0218) −0.1745 (0.1237) −0.0005*** (0.0001) 0.0653*** (0.0198) −0.0065*** (0.0021) −0.0235 (0.0151) 0.0008 (0.0189) −0.0074 (0.0058) 0.0105** (0.0048) −0.0122** (0.0047) −0.0386*** (0.0130) −0.0000*** (0.0000) 0.0065 (0.0150) Y Y Y Y Adj. R2 N 0.059 24,800 0.206 24,800 0.268 24,800 0.272 24,800 BIGSHOCKt−1 OW NSHOCKt−1 EBITDA R&D Expense Advertising Expense SG&A Expense Capital Expenditures Change in Sales Leverage Cash Holdings Foreign Operations Size Net Operating Loss Option Expense Intangible Assets Gross PP&E 35 Table 4: Asymmetric Peer Effects This table presents results from the estimation of the effect of asymmetric shocks—up or down—to a focal firm’s GAAP effective tax rate on the GAAP effective tax rate of that firm’s peers. Data comes from Compustat and Execucomp and covers 24,800 firms-years from from 1992-2012. Following the specification in Equation 4, we model the effects on GAAP effective tax rates of peer firms using various controls, year, firm, and industry fixed effects, to uncover the differential effects of a large shock up—BIGSHOCKUP—to a focal firm’s GAAP effective tax rate (reporting higher taxes) or a large shock down—BIGSHOCKDOW N—to a focal firm’s GAAP effective tax rate (reporting lower taxes). (1) includes controls listed in Table 1, whether a firm received an executive tax rate shock itself, and year fixed effects. (2) also controls for firm fixed effects. (3) adds in executive fixed effects. (4) also includes separate year effects for 17 Fama-French industries. Note that BIGSHOCKUP = 1 for a positive shock and BIGSHOCKDOW N =-1 for a negative shock so that peer effects in the expected direction would yield positive coefficients in both cases. ***, **, and * indicate significance at the 1%, 5% and 10% levels (two-sided test). See Table 1 for variable definitions. (1) −0.0003 (0.0035) 0.0068** (0.0035) (2) −0.0008 (0.0036) 0.0079** (0.0034) (3) −0.0015 (0.0038) 0.0077** (0.0037) (4) −0.0024 (0.0038) 0.0072* (0.0038) Controls, OwnShock, & Year FE Firm FE Executive FE Industry*Year FE 0.0496*** (0.0091) 0.0620*** (0.0070) 0.1142*** (0.0173) −0.0572* (0.0331) 0.0495 (0.0434) −0.0000 (0.0002) 0.0563*** (0.0147) −0.0048** (0.0022) −0.0215** (0.0090) −0.0782*** (0.0120) −0.0268*** (0.0030) 0.0006 (0.0011) −0.0149*** (0.0030) −0.0621*** (0.0129) −0.0000* (0.0000) −0.0121*** (0.0044) Y N N N 0.0707*** (0.0098) 0.0460*** (0.0071) 0.0990*** (0.0282) −0.0345 (0.0279) −0.1868* (0.1052) −0.0003*** (0.0001) 0.0722*** (0.0191) −0.0053*** (0.0016) −0.0317** (0.0124) −0.0016 (0.0166) −0.0047 (0.0050) 0.0131*** (0.0037) −0.0098** (0.0041) −0.0413*** (0.0136) −0.0000*** (0.0000) 0.0048 (0.0118) Y Y N N 0.0088 (0.0100) −0.0098 (0.0078) 0.0894*** (0.0245) −0.0261 (0.0219) −0.1980 (0.1216) −0.0003*** (0.0001) 0.0683*** (0.0195) −0.0056*** (0.0020) −0.0260* (0.0151) −0.0045 (0.0187) −0.0091 (0.0057) 0.0128*** (0.0046) −0.0126*** (0.0047) −0.0394*** (0.0132) −0.0000** (0.0000) 0.0033 (0.0146) Y Y Y N 0.0087 (0.0099) −0.0094 (0.0078) 0.0827*** (0.0224) −0.0280 (0.0219) −0.1716 (0.1233) −0.0005*** (0.0001) 0.0654*** (0.0198) −0.0065*** (0.0021) −0.0239 (0.0151) 0.0004 (0.0190) −0.0074 (0.0058) 0.0106** (0.0048) −0.0122** (0.0047) −0.0385*** (0.0130) −0.0000*** (0.0000) 0.0062 (0.0150) Y Y Y Y Adj. R2 N 0.059 24,800 0.206 24,800 0.269 24,800 0.272 24,800 BIGSHOCKUPt−1 BIGSHOCKDOW Nt−1 OW NSHOCKUPt−1 OW NSHOCKDOW Nt−1 EBITDA R&D Expense Advertising Expense SG&A Expense Capital Expenditures Change in Sales Leverage Cash Holdings Foreign Operations Size Net Operating Loss Option Expense Intangible Assets Gross PP&E 36 Table 5: Robustness of Peer Effects This table presents robustness results from the estimation of the effect of asymmetric shocks—up or down—to a focal firm’s GAAP effective tax rate on the GAAP effective tax rate of that firm’s peers. Data comes from Compustat and Execucomp and covers 24,800 firm-year observations from 1992-2012. Following the specification as (2) in Table 4, we model the effects of shocks to peer firm GAAP effective tax rates, controlling for the firm characteristics listed in Table 1, whether a firm received an executive tax rate shock itself, and year and firm fixed effects. Coefficient on the control variables are not reported for parsimony. We present various specifications, varying industry categorization of peers, varying the number of peers for each shocked focal firm, and varying the cutoff for executive shocks. Bolded entries reproduce the standard specification for comparison purposes. Column (1) presents the effects and (2) the standard errors for BIGSHOCKUP. Column (3) and column (4) present respectively the BIGSHOCKDOW N coefficient and its standard error. ***, **, and * indicate significance at the 1%, 5% and 10% levels (two-sided test). See Table 1 for variable definitions. BIGSHOCKUPt−1 (s.e.) BIGSHOCKDOW Nt−1 (s.e.) Industry = SIC (FF-17) Industry = NAICS (2-digit) Industry = GIC Group -.0003 .0003 .0012 (.0035) (.0036) (.0037) .0079** .0070** .0070** (.0034) (.0036) (.0036) #Peers = 3 #Peers = 4 #Peers = 5 #Peers = 6 #Peers = 7 −.0004 −.0030 -.0003 .0004 .0003 (.0043) (.0038) (.0035) (.0034) (.0034) .0049 .0075** .0079** .0098** .0087** (.0043) (.0037) (.0034) (.0032) (.0031) Shock cutoff = 0 Shock cutoff = .025 Shock cutoff = .05 Shock cutoff = .075 Shock cutoff = .10 −.0005 −.0009 -.0003 −.0016 .0009 (.0034) (.0035) (.0035) (.0038) (.0041) .0084** .0082** .0079** .0094** .0065* (.0033) (.0034) (.0034) (.0037) (.0038) 37 Table 6: Timing of Peer Effects This table presents timing results from the estimation of the effect asymmetric shocks—up or down—to a focal firm’s GAAP effective tax rate on the GAAP effective tax rate of that firm’s peers. Data comes from Compustat and Execucomp and covers 20,510 firm-year observations from 1992-2012. The sample size is smaller than in the previous tables because of the requirement of two extra lags for each firm year. Following the specification in Equation 4, we model the effects on GAAP effective tax rates of peer firms using various controls, year, firm, and industry fixed effects, to uncover the differential effects of a large shock up—BIGSHOCKUP—to another firm’s tax rate (reporting higher taxes) or a large shock down—BIGSHOCKDOW N—to another firm’s tax rate (reporting lower taxes). (1) includes controls listed in Table 1, whether a firm received an executive tax rate shock itself, and year fixed effects. (2) also controls for firm fixed effects. (3) adds in executive fixed effects. (4) also includes separate year effects for 17 Fama-French industries. Coefficient on the control variables are not reported for parsimony. Note that BIGSHOCKUP = 1 for a positive shock and BIGSHOCKDOW N =-1 for a negative shock so that peer effects in the expected direction would yield positive coefficients in both cases. ***, **, and * indicate significance at the 1%, 5% and 10% levels (two-sided test). See Table 1 for variable definitions. (1) (2) (3) (4) BIGSHOCKUPt −0.0014 (0.0036) −0.0002 (0.0038) 0.0017 (0.0043) 0.0007 (0.0044) BIGSHOCKUPt−1 −0.0003 (0.0036) −0.0017 (0.0039) −0.0007 (0.0044) −0.0019 (0.0044) BIGSHOCKUPt−2 −0.0007 (0.0036) −0.0018 (0.0038) 0.0013 (0.0043) −0.0012 (0.0045) BIGSHOCKUPt−3 0.0034 (0.0038) 0.0014 (0.0040) 0.0016 (0.0044) 0.0012 (0.0044) BIGSHOCKDOW Nt 0.0030 (0.0036) 0.0068* (0.0039) 0.0069 (0.0043) 0.0089** (0.0044) BIGSHOCKDOW Nt−1 0.0054 (0.0035) 0.0088** (0.0038) 0.0104** (0.0043) 0.0098** (0.0044) BIGSHOCKDOW Nt−2 0.0080** (0.0034) 0.0099*** (0.0036) 0.0116*** (0.0043) 0.0111** (0.0043) BIGSHOCKDOW Nt−3 0.0053 (0.0036) 0.0057 (0.0038) 0.0045 (0.0043) 0.0040 (0.0044) Controls, OwnShock, & Year FE Firm FE Executive FE Industry*Year FE Y N N N Y Y N N Y Y Y N Y Y Y Y Adj. R2 N 0.079 20,510 0.236 20,510 0.276 20,510 0.280 20,510 38 Table 7: Asymmetric Peer Effects - Cash This table presents results from the estimation of the effect of asymmetric shocks—up or down—to a focal firm’s CASH effective tax rate on the CASH effective tax rate of that firm’s peers. Data comes from Compustat and Execucomp and covers 23,179 firms-years from from 1992-2012. Following the specification in Equation 4, we model the effects on cash effective tax rates of peer firms using various controls, year, firm, and industry fixed effects, to uncover the differential effects of a large shock up—BIGSHOCKUP—to a focal firm’s cash effective tax rate (reporting higher taxes) or a large shock down—BIGSHOCKDOW N—to a focal firm’s cash effective tax rate (reporting lower taxes). (1) includes controls listed in Table 1, whether a firm received an executive tax rate shock itself, and year fixed effects. (2) also controls for firm fixed effects. (3) adds in executive fixed effects. (4) also includes separate year effects for 17 Fama-French industries. Note that BIGSHOCKUP = 1 for a positive shock and BIGSHOCKDOW N =-1 for a negative shock so that peer effects in the expected direction would yield positive coefficients in both cases. ***, **, and * indicate significance at the 1%, 5% and 10% levels (two-sided test). See Table 1 for variable definitions. Controls, OwnShock, & Year FE Firm FE Executive FE Industry*Year FE (1) 0.0014 (0.0042) -0.0021 (0.0045) 0.0516*** (0.0105) 0.0559*** (0.0078) -0.0942*** (0.0203) -0.2200*** (0.0423) 0.1047* (0.0628) 0.0004** (0.0002) -0.0661*** (0.0219) -0.0231** (0.0108) -0.0382*** (0.0132) -0.0626*** (0.0155) 0.0037 (0.0039) -0.0071*** (0.0015) -0.0240*** (0.0040) -0.0673*** (0.0112) -0.0000 (0.0000) -0.0398*** (0.0064) Y N N N (2) -0.0013 (0.0042) -0.0002 (0.0046) 0.0571*** (0.0104) 0.0656*** (0.0078) -0.2609*** (0.0289) 0.2640*** (0.0766) -0.0149 (0.1119) -0.0000 (0.0003) 0.0543** (0.0244) -0.0109* (0.0063) 0.0186 (0.0160) -0.0466** (0.0217) 0.0030 (0.0066) 0.0091* (0.0048) -0.0148*** (0.0050) -0.0259** (0.0105) -0.0000 (0.0000) 0.0438*** (0.0145) Y Y N N (3) -0.0019 (0.0046) 0.0007 (0.0050) 0.0004 (0.0108) 0.0176* (0.0090) -0.2748*** (0.0335) 0.2637*** (0.0799) -0.0347 (0.1460) -0.0001 (0.0003) 0.0620** (0.0263) -0.0105 (0.0070) 0.0285 (0.0182) -0.0557** (0.0246) 0.0038 (0.0076) 0.0128** (0.0056) -0.0103* (0.0057) -0.0219* (0.0124) -0.0000 (0.0000) 0.0486*** (0.0171) Y Y Y N (4) 0.0001 (0.0047) 0.0015 (0.0051) -0.0150 (0.0110) -0.0041 (0.0098) -0.2723*** (0.0334) 0.2595*** (0.0810) -0.0409 (0.1501) 0.0001 (0.0003) 0.0582** (0.0257) -0.0115* (0.0060) 0.0273 (0.0180) -0.0599** (0.0244) 0.0039 (0.0075) 0.0082 (0.0058) -0.0090 (0.0058) -0.0269** (0.0122) -0.0000 (0.0000) 0.0400** (0.0170) Y Y Y Y Adj. R2 N 0.056 23,179 0.256 23,179 0.305 23,179 0.318 23,179 BIGSHOCKUPt−1 BIGSHOCKDOW Nt−1 OW NSHOCKUPt−1 OW NSHOCKDOW Nt−1 EBITDA R&D Expense Advertising Expense SG&A Expense Capital Expenditures Change in Sales Leverage Cash Holdings Foreign Operations Size Net Operating Loss Option Expense Intangible Assets Gross PP&E 39
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