Tax Rates and Corporate Decision Making John R. Graham Duke University [email protected] Michelle Hanlon Massachusetts Institute of Technology [email protected] Terry Shevlin University of California, Irvine [email protected] Nemit Shroff Massachusetts Institute of Technology [email protected] Comments Welcome Please do not quote without permission September 2014 ABSTRACT It has long been suspected that managers use short-cuts (e.g., heuristics) to make many decisions and that their decisions are affected by behavioral biases such as a tendency to overly rely on ‘salient’ or vivid metrics/information. We document that managers do indeed rely on heuristics when they incorporate taxes into decision-making, and that tax rate salience affects their decision-making. Further, we document, for the first time in a corporate setting, that these behavioral biases lead to suboptimal decisions, and we provide estimates of the economic magnitude of the loss in firm value as a result of these biases. For example, we find that many firms employ the average tax rate paid on their income (i.e., the GAAP effective tax rate [ETR]) rather than the marginal tax rate (MTR) to evaluate incremental decisions, and that using the GAAP ETR for decision-making leads the typical firm to experience a deadweight loss of nearly $10 million for making the incorrect capital structure decisions. We also find that firms that employ the GAAP ETR for investment decision-making are less responsive to their growth opportunities and have smaller acquisition announcement returns than those using the MTR, leading to a loss in firm value of more than $20 million from suboptimal acquisitions. We appreciate helpful comments from Mary Barth, Lil Mills (discussant), Richard Sansing, seminar participants at the INSEAD conference, Stanford Summer Camp, and University of California, Davis. Thanks to the following people for helpful comments on the development of survey questions: Jennifer Blouin, Merle Erickson, Ken Klassen, Ed Maydew, Peter Merrill, Lil Mills, Sonja Rego, Richard Sansing, Stephanie Sikes, Joel Slemrod, and Ryan Wilson. We also appreciate the support of PricewaterhouseCoopers (especially Peter Merrill) and the Tax Executives Institute (especially Tim McCormally) in asking firms to participate and in reviewing the survey document. Finally, each author is grateful for the financial support of the Fuqua School of Business, Paton Accounting Fund at the University of Michigan, MIT Junior Faculty Research Assistance Program, and the Paul Merage School of Business at the University of California-Irvine. All errors are our own. 1. Introduction Taxes represent a significant cost for most profitable corporations and, thus, are an important input into many corporate decisions (see Shackelford and Shevlin (2001), Graham (2003), and Hanlon and Heitzman (2010) for reviews). According to theory, the marginal tax rate (MTR), defined as the present value of additional taxes paid on an additional dollar of income earned today (Scholes, Wolfson, Erickson, Hanlon, Maydew, and Shevlin, 2014), is the appropriate rate to use to evaluate incremental corporate decisions (MacKie-Mason, 1990; Graham, 1996a; Graham, 1996b; Brealey, Myers, and Allen, 2014; and Scholes et al., 2014). Consistent with this theory, prior research finds that the MTR is correlated with firms’ capital structure decisions (e.g., Graham, 1996a; Heider and Ljungqvist, 2013). However, prior research also finds that firms often have conservative debt policies given their MTRs (e.g., Graham, 2000; Strebulaev and Yang, 2013), raising the question of whether managers do indeed base decisions on the MTR to make incremental leverage decisions or whether the MTR is simply correlated with the tax rate they use.1 As a result, Shackelford and Shevlin (2001, p. 367) suggest that “a worthwhile endeavor would be to document (possibly by field study) how firms incorporate their tax status into their decisions.” In this paper, we use a survey to directly ask tax executives, for the first time, which tax rate their firms use when making corporate financing and investment decisions. Survey data are particularly useful to address this question because the rate employed cannot be directly observed. Indeed, archival-based tests designed to identify which tax rates managers incorporate into decision making are necessarily joint tests of what measure of taxes (if any) is used to make the decision and whether the researchers’ empirical proxy of the rate is correct.2 We combine the 1 Fama and French (1998) caution that cross-sectional studies are vulnerable to endogeneity biases as firms’ tax status may correlate with omitted variables. 2 Survey data are, of course, subject to many of their own concerns, which we acknowledge and attempt to mitigate as much as possible. Our goal in this paper is to complement the evidence in prior empirical-archival studies using survey evidence. 1 survey data with Compustat data to explore the determinants of managers’ tax rate choices and the economic consequences of deviating from the theoretically appropriate tax rate. We directly ask tax executives of both public and private firms which tax rates their company employs in the following decisions: (i) mergers and acquisitions (M&A), (ii) capital structure, (iii) capital investment, (iv) purchase versus lease, (v) cost of capital computations, (vi) where to locate new facilities, and (vii) compensation. We find that fewer than 13% of our sample firms say that they use the MTR in any of these decision making contexts. Rather, survey responses indicate that most firms use either the U.S. statutory tax rate (STR) or the ‘average’ tax rate computed in financial statements (the GAAP effective tax rate [GAAP ETR], defined as income tax expense scaled by pretax book income, both financial accounting numbers) for evaluating incremental decisions.3 For example, 30% (26%) of the respondents indicate that they use the GAAP ETR (STR) for making capital structure decisions. Although these findings are seemingly inconsistent with corporate finance theory, they are potentially consistent with the theories and evidence in psychology and behavioral economics, which have focused primarily on consumers/individuals in non-corporate settings (DellaVigna, 2009). For example, prior research finds that (i) individuals (and managers in some cases) use simple heuristics in many decision-making contexts rather than more complex (and fully rational) approaches (e.g., Tversky and Kahneman, 1974; Simon, 1979; Gabaix, Laibson, Moloche, and Weinberg, 2006) and (ii) individuals are affected by tax rate salience (e.g., de Bartolome, 1995; Finkelstein, 2009; Chetty, Looney, and Kroft, 2009). Computing the MTR is complicated due to unique features of the tax code (e.g., the treatment of net operating losses, alternative minimum tax, etc.) coupled with the need to forecast taxable income many years into the future. It is precisely in such complicated situations that managers are likely to make decisions based on heuristics such as the STR, which is well-known to all firms and readily 3 GAAP stands for Generally Accepted Accounting Principles. 2 available. Similarly, for publicly traded companies, the GAAP ETR is easily computed using financial statement data, and is indeed the focus of much managerial attention (Healy, 1985; Degeorge, Patel, and Zeckhauser, 1999; Graham, Harvey, and Rajgopal, 2005; Graham, Hanlon, Shevlin, and Shroff, 2014), which potentially leads to a salience bias. That said, prior research in psychology argues that profit-maximizing firms are less likely to deviate from fully rational decision-making because relative to individuals, firms have more experience and are disciplined by forces such as competition (DellaVigna, 2009; DellaVigna and Pollett, 2013). We explore each of these issues in detail. We find that the difference between the STR and the MTR is less than two percentage points for the majority of firms that use the STR as the tax rate input for decision making.4 This suggests that when a firm uses the STR, in many cases the STR closely approximates the MTR, consistent with the STR being a simple heuristic employed by managers. We also find that public firms (relative to private firms) and firms with high analyst following (relative to firms with low analyst following) are more likely to use the GAAP ETR as the tax rate in their decisions, consistent with the idea that capital market pressure increases the salience of the GAAP ETR and thus increases its usage in decision-making. Finally, we find that larger firms (conditional on being public), high R&D intensity firms, and high institutional ownership firms are more (less) likely to use the MTR (ETR) for decision making, consistent with sophisticated firms and firms with greater external monitoring (i.e., institutional ownership) more correctly incorporating taxes into their decision making. Given that many firms use a theoretically incorrect tax rate, we explore the economic consequences of doing so. To conduct this test we focus on firms that say they use the GAAP ETR.5 We gather GAAP ETR and estimated MTR measures for these firms over time and 4 Where possible, we use both Graham’s (1996a) MTR estimates and Blouin, Core, and Guay’s (2010) MTR estimates. The results using both measures are very similar and are discussed in more detail below. 5 We focus on the firms that indicate they use the GAAP ETR and not the group of firms that indicate they use the STR because as discussed above (and below), in many cases the STR is equivalent to the MTR and thus we would 3 associate the GAAP ETR vs. MTR difference with outcomes of corporate decisions. Specifically, in this analysis we focus on capital structure, M&A, and capital investment outcomes. We focus on these three decisions because they are important, often-studied corporate decisions, and because we have empirical proxies from prior research to evaluate the efficiency of these decisions. Our prediction is that there is a positive association between the amount of estimated error in the rate employed (i.e., the magnitude of the difference between the GAAP ETR and the estimated MTR) and the inefficiency of the outcome.6 We find that firms using GAAP ETRs as the tax rate input for their capital structure decisions adopt a sub-optimal debt policy when their GAAP ETR differs from their estimated MTR. To assess the dollar cost of these inefficiencies, we trace firm-specific marginal cost of debt and marginal benefit of debt curves using the approach in van Binsbergen, Graham, and Yang (2010). The intersection of these cost and benefit curves provides an estimate of the optimal leverage ratio; the area between the benefit and cost curves, integrated over the distance from chosen to optimal leverage, provides an estimate of the cost of being under- or overlevered. We find that a one percentage point increase in the difference between the MTR and GAAP ETR leads to a 1.75 percentage point increase in the distance between the optimal and actual leverage ratios. This increase in the distance between the optimal and actual leverage ratios leads to a deadweight cost of $1.28 million (or 0.034% of assets), on average. The average not expect to observe significant negative consequences for this group of firms (and we do not in untabulated tests). In contrast, the GAAP ETR is an “average” tax rate based on financial accounting data and is unlikely to resemble the appropriate tax rate to use for decision making in many circumstances (see Brealey et al., 2014, p. 449). 6 An alternative research design is to compare, for example, the group of firms that say they use the GAAP ETR with the group of firms that say they use the MTR. We do not conduct such a test because of (standard) econometric concerns about omitted correlated variables and endogeneity (e.g., unmeasurable firm characteristics that impact survey responses and corporate outcomes, selection into the groups, etc.). Rather than attempting econometric fixes that would be difficult at best, and certainly not well specified (e.g., we do not have a good determinants model), we employ a research design strategy that effectively uses a firm as its own control by focusing only on the firms that say they use the GAAP ETR and examining these firms over time. Another benefit of this research design is that because it exploits time-series differences between the ETR and estimated MTR of the same firm, it holds firms’ survey responses constant. As a result, our design mitigates potential response biases induced via the survey instrument (e.g., a manager more susceptible to salience might answer the survey in a particular way and also employ tax rates in a particular way that could, in theory, affect our results). 4 firm in our sample that responded that their company uses the GAAP ETR has a GAAP ETR that is 7.7 percentage points away from their MTR, suggesting that the average firm has a deadweight cost of using the incorrect tax rate of $9.86 million or 0.26% of assets. In terms of investment outcomes, we find that the firms that use the GAAP ETR as the tax rate input for investment decisions are less responsive to their investment opportunities and have acquisition announcement returns that decrease in the difference between the firm’s MTR and GAAP ETR. For example, a one percentage point increase in the difference between the MTR and GAAP ETR (for firms using ETRs for decision making) reduces the average acquisition announcement return by 0.08–0.10 percentage points, representing a 2.03–2.64% lower average announcement return for the acquirer. In dollar terms, our coefficients imply that the acquirer experiences a $21–28 million drop in market capitalization from using the GAAP ETR for M&A decisions. Our primary results are robust to controlling for a number of variables associated with firms’ debt and investment policy including firm fixed effects. In addition, we conduct a falsification test where we examine outcome efficiency for firms that state they use the MTR for decision making. These tests serve to mitigate concerns that our results are spurious, that measurement error in the MTR (e.g., when firms have foreign income in low-tax jurisdictions and/or other non-debt tax shields such as employee stock options) is inducing our results, and other concerns. The intuition is that if firms use the MTR as the tax rate input for their decisions, then the difference between the MTR and GAAP ETR should be uncorrelated with their capital structure, investment, and acquisition outcomes. This is exactly what we find. To summarize, despite the importance of understanding taxes and corporate decision making, there is little empirical evidence on the extent to which company management actually use the MTR as the input to capture tax effects when making corporate decisions. We contribute to the literature by asking managers directly what tax rate they use when making corporate 5 decisions. We then examine potential determinants and investigate whether there are observable negative outcomes of using the GAAP ETR, a theoretically incorrect rate. Our paper provides further evidence that there is an association between taxes and corporate decision-making, such as leverage and investment; associations that have drawn skepticism at times (see Hanlon and Heitzman (2010) for a review). In addition, our paper goes further to show and quantify the negative economic effects from managers using the GAAP ETR in their decisions. If our conjecture is true that the decision to use the GAAP ETR is due to salience, our estimates of such costs could be interpreted as estimates of the costs of such biases. Our paper also contributes to the growing body of evidence in psychology and behavioral economics that agents often deviate from decision rules predicted by standard decision-making models that assume agents to be fully rational and optimize perfectly. This literature has predominantly focused on decision-making by individuals in non-corporate settings. DellaVigna (2009) discusses that the intuition for focusing on individuals rather than firms is that, “firms can specialize, hire consultants, and obtain feedback from capital markets. Firms are also subject to competition…therefore, firms are less likely to be affected by biases (except for principle–agent problems), and we expect them to be close to profit maximization.” (p. 361) We contribute to this literature by showing that biases that affect individuals also affect managers with respect to their choice of tax inputs used in important corporate decisions, ultimately leading to suboptimal decisions and a loss in firm value.7 Finally, our findings shed light on the effect of tax policy on corporate behavior. Governments use tax policy to provide incentives and disincentives for certain actions (e.g., investment) and thus the degree to which taxes actually impact corporate decisions determines whether such policies are effective. Standard economic models assume that firms respond to 7 Camerer and Malmendier (2007) summarize research documenting that managers are affected by biases other than those documented here, such as overconfidence and corporate socialism, which also affect corporate decisions. 6 changes in their MTR by making the right connection between their income and tax schedule (Mirrlees, 1971; Atkinson and Stiglitz, 1976; Diamond, 1998). As a result, the effects of tax changes predicted by standard economic models are likely to be different when managers base decisions on an average tax rate such as the GAAP ETR rather than the MTR. Our results provide fresh insights that potentially help clarify the implications of tax policy changes for corporate behavior.8 The paper proceeds as follows. Section 2 describes our survey methodology and sample. Section 3 provides descriptive statistics about our sample firms and discusses tests of nonresponse bias. Section 4 presents the responses to the survey questions. Sections 5 and 6 examine the determinants and consequences of managers’ survey responses, and Section 7 concludes. 2. Survey methodology and sample9 We developed an initial survey instrument to ask about taxes in the context of key corporate decisions. We solicited feedback from several academic researchers, Tax Executives Institute (TEI) and PricewaterhouseCoopers (PwC) on the survey content and design.10 Survey Sciences Group (SSG), a survey research consulting firm, assisted with the survey formatting and programmed an online version. We had two executives beta test the survey and we made revisions based on their suggestions. The final survey contained 64 questions, most with subparts. The paper version of the survey was 12 pages long. There were many branching 8 Prior literature has documented the use of average rates by individuals. We discuss this literature below. Our survey has four parts and the data from different parts of this survey are used in Graham, Hanlon, and Shevlin (2010, 2011), and Graham, Hanlon, Shevlin, and Shroff (2014). As a result, the discussion in this section is similar to that in those papers. However, we note that the research questions addressed in these papers are very different than the research question of the current paper. Specifically, Graham et al. (2010) focus on the 2004 American Jobs Creation Act and repatriation decisions in response to that Act. Graham et al. (2011) explore questions concerning the location, reinvestment, and repatriation of foreign earnings. In particular, they examine the effect of an accounting rule, APB 23, on these decisions. Finally, Graham et al. (2014) examine the effects of reputational and financial accounting concerns on tax planning decisions. 10 TEI is an association founded in 1944. Its members are executives responsible for the tax affairs of U.S. and foreign businesses. The member companies are from a wide range of industries. 9 7 questions and, as a result, many firms were directed to answer only a portion of the questions. The paper version of the survey is available upon request. An initial email invitation was sent on August 9, 2007 to the highest ranking tax executive who is a member of Tax Executives Institute (TEI) at 2,794 firms (thus, only one invitation was sent to each company); three of these were returned as undeliverable. We also sent a letter via two-day express mail to fifteen companies for which we did not have email addresses. Thus, a total of 2,806 companies received invitations to complete the survey. SSG sent three email reminders throughout August and September. For those who had still not responded, we then sent a paper version of the survey, along with instructions of how to complete the survey online, in September and October. We closed the online survey on November 9, 2007. A total of 804 firms accessed the survey. Sixty of these companies entered no more than two responses and thus we delete them from our sample, leaving 744 usable responses. The response rate for our survey is 26%, which compares favorably to many prior survey studies.11 We eliminate 11 firms that indicate they are not subject to the U.S. corporate income tax (i.e., businesses not taxed at the entity level, such as S corporations and other flow-through entities). We also eliminate 29 companies that indicate that they did not file a corporate income tax return—Form 1120 (under the assumption that these companies are also not taxed at the entity level). We restrict the sample further by eliminating firms that are subsidiaries of foreign parents since their corporate decisions and tax planning incentives are likely to be affected by the tax rules in the parent’s home country. Finally, we lose 95 firms that did not respond to the section concerning tax rates and decision-making, the subject of our study. This leaves 500 remaining firms on which we conduct our analyses. The sample size varies across the individual decisions (e.g., M&A, capital structure) because of occasional missing responses. 11 For example, Trahan and Gitman (1995), Slemrod and Blumenthal (1996), Graham and Harvey (2001), Slemrod and Venkatesh (2002), Brav et al. (2005), and Graham et al. (2005) report response rates between 10.4% and 21.8%. 8 There are caveats and limitations to survey research. First, firms that decide to answer the survey may systematically differ from those that do not answer the survey. We address this concern by comparing our survey respondents to the average Compustat firm to get a sense of the characteristics of our sample firms relative to the typical sample of firms studied in the extant literature.12 In addition, we also compare firms that responded to the survey with firms that did not respond. These data are tabulated and discussed below (see Section 3). Another concern with survey based research is that it is plausible that survey respondents do not tell the complete truth in their responses. In addition, we may not have asked the questions clearly, the respondent may not have understood some questions, or perhaps the respondent just answered questions randomly. There is no way to completely eliminate these possibilities; however, we attempted to mitigate these concerns by having academics, practitioners, and a set of beta firms carefully review the survey before it was distributed. We also employed a professional survey consulting firm to assist in programming the survey online and to provide advice on how to best ask the questions. Finally, most of our inferences are based on associations between our survey data and Compustat data, which helps mitigate concerns related to biases in the survey data. Finally, an observation worth noting is that our survey participants are corporate tax executives. It is plausible that tax executives are not directly involved in corporate decision making and thus are not the ideal survey population for questions concerning investment and/or financing decisions. This concern is less relevant because our research question is about the manner in which tax rates are incorporated into decision making. Even if tax executives are not the final decision-maker in these corporate decisions, they are likely to provide the tax rates and any associated data that other managers use as inputs. 12 Unlike much research based on surveys, we know the identities of the firms that responded (and that did not respond), allowing tests for potential non-response bias. 9 3. Descriptive statistics and non-response bias test We obtain demographic information from both survey data and, for publicly traded firms additional data from Compustat. Table 1 presents the descriptive statistics of our sample firms. Survey responses indicate that 78% of our sample firms are publicly listed. The average firm in our sample has $7.8 billion in assets (Assets), with the average public (private) firm having $9.2 billion ($2.5 billion) in assets (untabulated). Survey responses also indicate that the average firm in our sample has 19% of its assets in foreign locations (Foreign Assets), filed 6.6 tax returns (i.e., Forms 1120) annually, and has a GAAP ETR of 31%. Finally, 46.3% of our respondents have a net operating loss carryforward in the U.S. (US NOL). Additional data from Compustat indicate that the average public firm in our sample has $5.8 billion in sales (Sales), a market capitalization (MVE) of $8.5 billion and earns a 5.8% return on assets (i.e., net income scaled by assets; ROA). Tobin’s Q, sales and asset growth (Sales Growth; Asset Growth) for the average public firm in our sample are 1.97, 14.1% and 13.6%, respectively. Approximately 45% of the public firms in our sample invest in R&D (R&D Intensity) and the average R&D Intensity is 2.4%, where R&D Intensity is R&D expense scaled by assets. The average public firm in our sample is followed by ten analysts (Analyst Following) and has 53.6% institutional ownership (Institutional Ownership). In terms of tax rate proxies, we find that the average public firm in our sample has a marginal tax rate before accounting for the interest on debt (MTR) of 30.9% based on Graham’s methodology and 33.1% based on Blouin, Core, and Guay’s (2010; BCG henceforth).13 Similarly, the average after-interest marginal tax 13 The two methodologies differ in their approach for forecasting future taxable income. Graham’s MTR methodology assumes that the level of future taxable income follows a random walk with drift. In contrast, the BCG methodology is a nonparametric approach that employs bins of firms grouped by their profitability and size, and then traces the taxable income of these firms into the future. 10 rates (MTR A.I.) are 21.4% and 31.6%, respectively, and the average GAAP ETR is 30.9%.14 The average unsigned difference between the GAAP ETR and MTR (|MTR – GAAP ETR|) is 13.2% (9.5%) using Graham’s (BCG’s) MTR methodology and that between the GAAP ETR and MTR A.I. (|MTR A.I. – GAAP ETR|) is 16.7% (10.1%). All variable are defined in the Appendix. Table 2 compares firms that responded to the survey with other firms. The analysis in this table is restricted to public firms only because the data on firm characteristics come from Compustat. We present descriptive statistics of (i) the average Compustat firm, (ii) the average firm we sent the survey to, (iii) the average firm that responded to the survey, and (iv) the average firm that did not respond to the survey. Our average surveyed firm is larger than the average Compustat firm in terms of Assets, MVE, and Sales. Our average surveyed firm has a smaller cash-to-asset ratio (Cash), and a smaller market-to-book (MB) ratio relative to the average Compustat firm. Further, the firms we surveyed have, on average, a higher ROA, a higher investment and acquisition intensity, a lower R&D intensity, a higher GAAP ETR, a higher MTR, and lower Asset Growth and Sales Growth rates. Thus, the firms we surveyed appear to differ from Compustat firms. To further examine the source of the differences between our survey firms and Compustat firms, we match each survey firm with Compustat firms based on size (i.e., Assets, MVE, and Sales) and re-examine the differences in firm characteristics. We find that the average survey firm is statistically indistinguishable from the average Compustat firm along the other dimensions once we control for size (untabulated). Specifically, we find that the survey firms and size-matched Compustat firms have similar Leverage, MB, ROA, Asset Growth, Sales Growth, investment intensity, NOL, 3-Yr Cash ETR, and MTR. Therefore, once 14 The before interest MTR means computing taxable income prior to the deduction for interest expense (i.e., before financing). The after interest MTR means computing taxable income including the interest deduction. See Graham, Lemmon, and Schallheim (1998) for a discussion of when to use before- and after-interest MTRs. 11 one controls for size (which we do in our analysis below), the survey sample appears representative of Compustat. Next, we compare respondents to non-respondents (with Compustat data) to test for nonresponse bias. We find that the average respondent firm is statistically no different than the average non-respondent firm in terms of size (i.e., Assets, MVE and Sales), Leverage, Cash, growth (MB, Asset Growth, Sales Growth), investment intensity, acquisition intensity, R&D intensity, NOL, GAAP ETR, 3-Yr Cash ETR, and MTR. The only statistical difference is that the respondent firms have, on average, a higher ROA than non-respondent firms. We cannot think of any biases that arise for our tests because of this difference. Overall, there is little evidence of non-response bias in our sample, but we recognize that it is always a possibility with survey data. 4. Which tax rates do managers use to incorporate taxes into their decisions? In theory, managers (should) use the MTR to evaluate incremental decisions because it is the rate paid on an incremental dollar of income earned today. For example, Graham (1996a, p. 42) states that, “Financial theory is clear that the marginal tax rate is relevant when analyzing incremental financing [and investing] choices.” In addition, the popular corporate finance text, Brealey, Myers, and Allen (2014, p. 449), explicitly prescribes that managers should “Always use the marginal corporate tax rate, not the average rate.” Despite the widely held belief that managers (should) evaluate incremental corporate decisions using the MTR, there is little direct evidence that managers indeed do so. In our survey, we ask the corporate tax executives ‘What is the primary tax rate your company uses to incorporate taxes into each of the following forecasts or decision making processes?’ The survey respondent is allowed to choose from the following options (or, write in an answer if the options given are not sufficient): (i) U.S. statutory tax rate, (ii) GAAP effective tax rate, (iii) jurisdiction-specific statutory tax rate, (iv) jurisdiction-specific effective tax rate, 12 (v) marginal tax rate, and (vi) other. The question then listed the following decision contexts for the respondent to indicate the primary tax rate used in that setting: (i) mergers and acquisitions, (ii) capital structure (debt versus equity), (iii) investment decisions (property, equip., etc.), (iv) decision to purchase versus lease (property, equip., etc.), (v) weighted average cost of capital, (vi) where to locate new facilities, and (vii) compensation decisions. The respondent could choose one tax rate for each decision context. Because we were not certain that tax executives would hold the same definition of MTRs that exists in academia, we defined in parenthesis the MTR as “an estimation of the change in the present value of taxes from earning a marginal dollar of income, where the present value computation takes into account net operating loss carrybacks and carryforwards.” We acknowledge that defining the MTR and no other rate may induce response biases. Particularly, it is plausible that by defining MTRs, we heightened respondents’ awareness to MTRs over the other tax rates, thereby increasing the number of executives choosing the MTR.15 Therefore, our results might possibly represent an upper bound estimate of the number of firms using the MTR as their tax rate input for decision making.16 Figure 1 and Table 3, Panel A present the survey responses to the above question. The most popular tax rate managers claim to incorporate into their decision making is the GAAP ETR and the second most popular is the STR. For example, with respect to capital structure decisions, survey responses indicate that 30% of firms use the GAAP ETR, 26% use the U.S. 15 It is also plausible that defining the rate made it seem complicated and the executive did not choose it as a result. This alternative seems unlikely if the respondents truly use MTRs for decision making. Further, given the education, experience, and expertise of the respondents, it is unlikely that the definition of MTRs would be too complicated. 16 The definition of MTR provided in our survey follows from the Scholes-Wolfson framework (see Scholes et al., 2014). It is plausible that managers use a tax rate that incorporates the Scholes-Wolfson intuition without explicitly computing MTRs per that definition (e.g., a company might have separate tax rates for different economic scenarios – high, medium, and low – and these scenarios might include the effect of NOLs, etc.). If so, the number of firms saying they use the MTR might be understated. We created a provision for such an outcome in our survey by allowing respondents to choose the “other” option and by providing space for them to write-in an answer. Depending on the decision, 11 to 20 firms listed a response in this “other” space. From these we see that one firm indicated that it uses an “Employees marginal tax rate average” for its compensation decisions, and other firms stated they use “Business plan ETR,” “A standard 41%,” “Effective cash tax rate,” and “cash tax rate.” No firm suggested using something that we could interpret as equivalent or similar to the MTR in concept. 13 STR, 15% use the jurisdiction specific STR, 15% use the jurisdiction specific ETR, and 12% use the MTR. Averaging across all decision contexts, the survey responses suggest the following pattern of tax rate use: 25.8% use GAAP ETRs, 23.1% use STRs, 19.6% use jurisdiction specific STRs, 17.0% use jurisdiction specific ETRs, 11.2% use MTRs, and 3.2% use some other rate. These results may seem surprising because very few firms use the MTR. However, the STR closely approximates the MTR for firms that generate high taxable income and foresee themselves continuing to do so. Indeed, in untabulated analyses, we find that over 80% of our sample firms that indicate they use the STR for capital structure decisions have a simulated MTR that is within two percentage points of the STR. Thus, for the majority of firms that say they use the STR, we find that the STR closely approximates the estimated MTR and thus, this choice is unlikely to induce costly errors for these firms. To the extent the STR and the jurisdiction specific STR closely approximate the MTR of firms, our survey results suggest that over 50% of our survey respondents use tax rates that are consistent with the predictions of standard finance theory (e.g., Graham, 2003; Brealey et al., 2014; Scholes et al., 2014). Another noteworthy observation is that when making a location specific decision, the majority of managers answered that they use jurisdiction specific rates (statutory and effective) as the tax rate input for decision making. For example, over 54% of respondents indicated they use a jurisdiction specific rate for the location of new facilities. In contrast, only 30% and 26% of respondents say that they use a jurisdiction specific rate for capital structure decisions and weighted average cost of capital computations, respectively. This change in responses across the factors is consistent with expectations and suggests that the respondents carefully considered the questions and varied their answers when appropriate (i.e., the respondents did not provide the same response for each factor without thought). 14 The most puzzling finding in the table is likely that many firms claim to use a form of ETR as the tax rate input in all decision making contexts examined. Specifically, in our sample of firms and policies examined, approximately 17% to 34% of respondents (or 40% to 47% when including use of a jurisdiction specific ETR) indicate that their firm uses the GAAP ETR as the tax rate input for decision making. This result is puzzling because the GAAP ETR is an average tax rate based on financial accounting data and as such has very little theoretical basis to use as the tax rate input. An average tax rate (such as the GAAP ETR) is very unlikely to be the rate that is paid on the company’s marginal transaction but instead is a (GAAP accounting) estimate of the average tax rate paid on all transactions combined. We discuss potential reasons for this choice in the next section (Section 5) and test whether this choice is associated with inefficient decision-making in Section 6. Table 3, Panel B presents correlations of tax rate choices across the different decision contexts. As expected, we find that the tax rate choices are highly correlated across the different decision contexts presented to them. The correlation coefficients range from a low of 0.66 to a high of 0.93. The highest correlation is between the tax rates used in the purchase vs. lease decision and capital investment decisions and the lowest correlations are between the tax rates used in the compensation and the other decisions (correlation ranging from 0.66 to 0.77). Given the high correlations, for the remainder of our analyses, we focus on firms’ capital structure, capital investment, and acquisition decisions for the sake of brevity; these are important decisions, and the literature provides measures to evaluate the outcomes of these decisions. Further, in our analyses of the determinants of managers’ tax rate choice (in the next section), we combine firms indicating that they use the jurisdiction specific STR (ETR) for decision making with those using the U.S. STR (GAAP ETR) in the interest of parsimony. 15 5. Determinants of managers’ survey responses To better understand the factors affecting tax rate choices, we examine the association between managers’ survey responses and firm characteristics chosen largely based on research in psychology and behavioral economics. We posit that managers’ tax rate choices are affected by the following: (i) the complexity of calculating the tax rate and the availability of simple heuristics that (are equal to or) approximate the expected tax costs, (ii) the salience of different tax rates to managers, (iii) the likely availability of tax planning opportunities (proxied by firm size and R&D), and (iv) the existence of mechanisms to monitor managers and increase their efficiency (e.g., institutional investors and competitive forces). We recognize that the factors we examine do not comprise a complete list of all the factors that affect managerial tax rate choices; we view our analyses in this section as an initial step to understand managers’ tax rate choices. Heuristics: Since Simon’s (1955) early work, research in behavioral economics recognizes that managerial decision-making often falls short of the purely rational model (see Barberis and Thaler (2003), Camerer and Malmendier (2007), and DellaVigna (2009) for reviews of the literature). Research trying to explain deviations from rational decision-making mostly focuses on biases and heuristics to explain the deviations (Tversky and Kahneman, 1974), where biases and heuristics are decision rules, cognitive mechanisms, and subjective opinions people use to assist in making decisions. Kahneman et al. (1982) indicate that managers rely on biases and heuristics when the decision requires complex calculations and when there is high uncertainty. They also indicate that the application of heuristics often yields acceptable solutions that are not too far from a fully rational solution. Computing a firm’s MTR requires information about the firm’s taxable income well into the future, the applicable statutory tax rate, the presence of NOL carryforwards, the number of years before NOLs will be utilized, and whether the firm will have to pay any alternative minimum tax. As a result, MTRs are very complicated to calculate for many firms; it is precisely 16 in such a circumstance that managers are likely to rely on heuristics for decision making (Kahneman et al., 1982; Gabaix et al., 2006). Thus, when viewed through the lens of behavioral economics theories, it is perhaps not surprising that such few companies use the MTR for decisions making. Some evidence consistent with the use of a heuristic is found in our data as discussed above; the majority of our firms that indicate they use the STR have a simulated MTR that equals the STR and over 80% have simulated MTRs that are within 2% of the STR (untabulated). To further examine this heuristic hypothesis, we compare the tax rate used by firms with significant foreign operations with that of firms without significant foreign operations. Our prediction is that firms with more foreign operations are less likely to use MTRs for decision making and more likely to use heuristics that approximate firms’ MTRs (e.g., a jurisdictionspecific STR). Our intuition is that foreign operations increase the complexity and uncertainty of computing MTR estimates (because of differences in the likelihood and timing of foreign earnings repatriations, and cross-country differences in the tax rates/schedules, transfer pricing rules, tax policy uncertainty, etc.), which increases the likelihood that managers use a heuristic (Kahneman et al., 1982). Salience: Prior research finds evidence that individuals often use average tax rates instead of marginal tax rates when faced with marginal investment choices. For example, de Bartolome (1995) investigates which tax rates individuals use when making marginal economic decisions. He finds that many people use the average tax rate “as if” it were the marginal tax rate. He investigates the cause via a controlled experiment and concludes that they do this because of salience; if the tax table is changed to stress the marginal tax rate, the marginal tax rate is used. Similarly, Finkelstein (2009), Chetty (2009), and Chetty et al. (2009) find evidence that tax salience affects behavior at the individual level. Most prior research on the effects of tax salience concerns decisions at the individual level rather than decisions by corporate managers. If managers are more sophisticated decision-makers than individuals, a salience bias might not 17 affect managerial decision-making (DellaVigna, 2009). However, Faulhaber and Baumol (1988) find that most companies base their pricing decisions on average costs, not marginal costs (at least in the 1970s), suggesting that corporate entities are at times no more sophisticated than individuals. Camerer and Malmendier (2007) discuss some reasons why behavioral biases are unlikely to be eliminated in a corporate setting or remedied by organization design and governance choices. Thus, the salience explanation is plausible in our setting because the GAAP ETR and STR are very salient whereas the MTR is not. To examine the salience hypothesis, we compare the tax rates used by public and private firms. Our prediction is that the GAAP ETR is more salient to public firms. Prior research finds that top management of public firms view GAAP earnings as the most important performance metric of a firm (Graham et al., 2005) and that tax executives are often incrementally compensated for lowering GAAP ETRs and often view the GAAP ETR as a more important metric than cash taxes paid (Armstrong, Blouin, and Larcker, 2012; Graham et al., 2014). The focus on GAAP earnings and by extension GAAP ETRs is likely to make the ETR significantly more salient to the decision-makers in public firms. In contrast, prior research finds that private firms are significantly less focused on GAAP based numbers than public firms (Graham et al., 2005; Graham et al., 2014), making them less likely to use the GAAP ETR as their tax rate input for decision making. We also use additional variables such as analyst following as a proxy for capital market pressure, and a survey question on whether managers are more concerned about the GAAP ETR or cash taxes paid to examine whether salience is a potential determinant of the tax rate choice.17 17 Another potential source of salience is that managers are often taught to use the GAAP ETR or STR because those rates are salient to professors. For example, when forecasting earnings in financial statement analysis classes the GAAP ETR is (and should be) used and this is perhaps carried over to the executives’ (i.e., former students’) marginal decision-making in other contexts. Similarly, most managerial accounting textbooks just assume a tax rate of 35 or 40%. While some corporate finance texts mention the MTR and discuss the general effects of losses, at least for the capital structure decision, they do not generally go into detail about how to compute the MTR. For example, 18 Tax planning opportunities: We conjecture that firms with greater tax planning opportunities are more likely to be tax savvy and hire well-trained tax personnel because they can derive greater benefits from the tax planning. Further, tax savvy firms are more likely to accurately compute MTR estimates and use the MTR (or STR when appropriate) rather than the GAAP ETR for decision-making. To test this conjecture, we proxy for a firm’s tax planning opportunity set using firm size and R&D intensity. Our intuition for these proxies is as follows. First, larger firms benefit from economies of scale of tax planning, and thus are more likely to invest in well-trained/sophisticated tax personnel (Rego, 2003). Specifically, large firms (by definition) engage in more business activities than small firms, which potentially allows them to avoid taxes through intercompany transactions, tax-advantaged leasing and financing arrangements, and the use of flow-through entities such as partnerships and real estate investment trusts among other things. Consistent with this argument, Mills, Erickson, and Maydew (1998) find that larger firms have lower average costs of tax planning. And second, we use R&D intensity as a proxy for firms’ tax planning opportunities based on the intuition that R&D generates intellectual capital that can be transferred to low tax jurisdictions to save taxes (Grubert and Slemrod, 1998). Further, R&D investments generate tax credits that can be offset against current and future income. Thus, all else equal, high R&D firms are likely to have more tax planning opportunities than low R&D firms. Monitoring and competitive pressures: Prior research finds that external monitoring mechanisms such as institutional investors and product market competition serve to discipline managers and curb agency problems, thereby making the firm more efficient. For example, prior research finds that institutional ownership is associated with more efficient outcomes such as in Horngren, Datar, Foster, Rajan, and Ittner's (2009) text, taxes are provided for in a discounted cash flow analysis by applying a 40% tax rate stating “the income tax rate is 40 percent of operating income each year” (p. 744). Brealey et al., (2014) use a flat 35% in their computation but include a footnote that states “Always use the marginal corporate tax rate, not the average rate” (p. 449). 19 greater R&D and innovation (Bushee, 1998; Aghion, Van Reenen, and Zingales, 2013), better acquisitions and post-acquisition performance (Chen, Harford, and Li, 2007), greater pay-forperformance sensitivity of executive compensation (Hartzell and Starks, 2003), more accurate disclosure (Chung, Firth, and Kim, 2002; Ajinkya, Bhojraj, and Sengupta, 2005; Shroff, Sun, White, and Zhang, 2014), and greater firm value and overall performance (McConnell and Servaes, 1990; Cornett, Marcus, Saunders, and Tehranian, 2007). These papers suggest that institutional investors monitor managers and thus reduce agency problems. Similarly, Shleifer and Vishny (1997, p. 738) argue that “product market competition is probably the most powerful force towards economic efficiency in the world.” The intuition is that competition makes it costlier for firms to forego long-run value since such actions would increase the likelihood of bankruptcy. As a result, competition increases managerial focus on firm value and reduces their incentives and ability to slack (or to lead a “quiet life”). A number of studies find evidence consistent with this intuition in a variety of settings (see e.g., Nickell, 1996; Bernard, Jensen, and Schott, 2006; Giroud and Mueller, 2010; Shroff et al., 2014). Based on the above, we conjecture that firms with greater institutional ownership and firms operating in more competitive environments are more likely to use MTRs (or STRs when appropriate) for decision-making and/or are less likely to use ETRs for decision-making. We present univariate (Table 4) and multivariate (Table 5) tests that examine the above conjectures. In the multivariate tests, we present results from nine regressions where the dependent variable is an indicator variable for the manager’s tax rate choice in each decision context and the independent variables include all firm characteristics examined in Table 4 as well as some additional characteristics (not tabulated in Table 4 for brevity). The sample in Panel A of Tables 4 and 5 is comprised of both public and private firms and thus the partitioning (and independent) variables are limited to firm characteristics obtained from the survey. The sample in Panel B in these tables is comprised of just public firms and uses data from both the survey 20 and Compustat. Below, we discuss the results in both tables by grouping them as being consistent or inconsistent with the conjectures put forward in the discussion above. Our first conjecture is that firms are more likely to rely on simple heuristics (i.e., STR) for decision making when the purely rational decision rule (i.e., MTR) is complex and uncertain. Consistent with conjecture, we find that firms with a large proportion of their assets in foreign locations are significantly less likely to use the MTR and more likely to use the STR (in this case often a jurisdiction specific STR) as their tax rate input for decision making (see Tables 4 and 5, Panels A and B). This result is consistent with the hypothesis in Kahneman et al. (1982). Consistent with our second conjecture that tax rate salience affects managers’ tax rate choice, we find that private firms are significantly more likely to use STRs in their decision making process, whereas public firms are significantly more likely to use the GAAP ETR in their decision making process (Panel A in Tables 4 and 5). To further explore the salience explanation for this result, we also partition our sample firms based on a survey question: “Which metric is more important to top management in your company?” The possible answers to the question are (i) GAAP ETR, (ii) cash taxes paid, or (iii) both are equally important. Both Panels in Table 4 show that when the top management view the GAAP ETR as more important than cash tax taxes paid, their firm is more likely to use the GAAP ETR for decision making (however this association is weaker, i.e., it only holds for capital structure decisions, in the multivariate tests in Table 5). This result, although somewhat weak, is consistent with a salience based explanation for why managers use the GAAP ETR as their tax rate input for decision making. Finally, Table 5, Panel B shows that firms with high analyst following are more likely to use the GAAP ETR and less likely to use the MTR for decision-making. To the extent financial analysts increase capital market pressure and thus increase managerial focus on financial accounting earnings, this result is also consistent with a salience explanation leading firms to use the GAAP ETR for decision-making. 21 Another noteworthy observation in Panel B in Tables 4 and 5 is that when the magnitude of the differences between the MTR and GAAP ETR (|MTR – GAAP ETR|) is large, firms are more likely to use the GAAP ETR as their tax rate input. Kahneman et al. (1982) suggest that managers are more likely to rely on heuristics when the heuristic approximates the “fully rational solution” and serves as an efficient approach to reach the rational solution. Our result that managers are more likely to use the GAAP ETR when it is farther away from the MTR suggests that firms do not treat the GAAP ETR as an easy-to-compute heuristic that is to be used as it converges with the MTR. Rather, it appears that the decision to use the GAAP ETR is a result of other factors/biases (such as salience) but not heuristics. Our third conjecture is that firms with greater tax planning opportunities (proxied by firm size and R&D intensity) are more likely to be tax savvy and thus are more likely to use the MTR (or STR when appropriate) and less likely to use the GAAP ETR for decision-making. Tables 4 and 5 show that conditional on being public, larger firms and high R&D intensity firms are more likely to use the MTR (and/or STR) for decision-making. In addition, larger firms and high R&D intensity firms are less likely to use the GAAP ETR for decision making.18 We interpret these results as suggesting that firms with greater tax planning opportunities being more tax savvy and thus more (less) likely to use MTRs or STRs (GAAP ETRs) for decision making. Our final prediction is that firms with greater external monitoring (i.e., institutional ownership and competitive pressure) are more likely to use the MTR and less likely to use the ETR for decision making. Table 5, Panel B shows that firms with high institutional ownership are significantly more likely to use the MTR for capital structure and M&A decisions, and less 18 In Table 4, Panel A we find that firm size is unrelated to managers’ tax rate choice. This is perhaps because the univariate relation between firm size and tax rate choice is confounded by the effect of ownership on tax rate choice (i.e., public firms are larger than private firms and are more likely to use the GAAP ETR due to salience; but conditional on being public, larger firms are less likely to use the GAAP ETR because such firms have more tax planning opportunities and thus are more likely to be tax savvy). 22 likely to use the GAAP ETR for M&A decisions. This finding is consistent with such investors monitoring managers, thereby providing them additional incentives to maximize firm value. We find little evidence of competition affecting a firm’s tax rate choice. For example, based on our primary measure of competition, the Hoberg and Phillips’s (2013) text-based industry concentration index, we find no statistically significant evidence that competition affects managers’ tax rate choice. Moreover, in untabulated tests, we use a number of additional competition proxies (e.g., the Census based concentration measure from Ali, Klasa, and Yeung (2009), the 10-K disclosure measure from Li, Lundholm, and Minnis (2013), and the traditional Herfindhal index) and find no association between these proxies and managers’ tax rate choice. In Table 5, Panel B, we also examine the association between tax rate choices and a number of additional firm characteristics (these are untabulated in Table 4 for brevity). We find little evidence that the number of tax returns filed (a proxy for tax complexity), ROA, leverage, NOLs, and intangible intensity affects a manager’s tax rate choice. The lack of evidence could either be because of limitations in our empirical proxies or because these factors truly do not affect tax rate choices. Overall, the results in Tables 4 and 5 are consistent with (i) managers’ relying on heuristics, such as the STR, for decision-making when it is likely to approximate the MTR and when computing the MTR is more complex, (ii) a salience effect leading managers to use the GAAP ETR for decision-making, and (iii) larger firms, firms with more R&D, and firms with high institutional investor ownership using (not using) the MTR (GAAP ETR) for decisionmaking. However, we caveat that the findings in this section are somewhat exploratory and based on fairly rough proxies for our constructs of interest. The discussion above should be interpreted in light of these factors. 23 6. Economic consequences of tax rate choices In this section, we examine the degree to which not using the MTR (even though theoretically appropriate) leads to inefficient corporate decisions. One approach to test for such inefficiencies (that we do not adopt) is to directly compare the outcomes of corporate decisions of companies that say they use the GAAP ETR for decision-making with those of companies that say they use the MTR or STR. However, testing the direct relation between managers’ tax rate choices and the outcomes of their corporate decisions has two important weaknesses. First, it is plausible that the manner in which we present or phrase our survey questions (e.g., defining MTRs) leads to response biases that are systematically correlated with the manner in which managers make corporate decisions. For example, by defining the MTR in our survey, we made it more salient to managers and plausibly influenced some managers to respond that they use the MTR for decision making. It is plausible this bias towards salient factors also influences the same managers when making corporate decisions. Thus, if managers’ response biases in the survey are indicative of their biases when making other corporate decisions, we cannot draw reliable inferences about the consequences of managers’ tax rate choices from observing an association between survey responses and corporate outcomes. Second, it also plausible that responses to the survey questions are reflective of certain firm characteristics that are correlated with corporate decisions. For example, the availability of tax planning opportunities is likely to affect managers’ survey responses and is also likely to affect corporate decisions. The existence of such factors that are correlated with both managers’ tax rate choices and their corporate decisions potentially exposes our inferences to a correlated omitted variable bias. Finally, notwithstanding the above challenges, we note that empirically identifying inefficient corporate decisions is difficult and the proxies used in prior research to measure inefficiencies are noisy and prone to measurement error. If measurement error in these 24 proxies is correlated with managers’ survey responses, any inference drawn from observing associations between these proxies is problematic (if the survey responses are uncorrelated with measurement error in our proxies, the coefficients are biased toward zero). We choose a research design to mitigate the above concerns. Specifically, we restrict our analyses in this section to just those firms indicating that they use the GAAP ETR as the tax rate input for decision making. We then exploit time series variation in the difference between a firm’s MTR and its GAAP ETRs to draw our inferences. In other words, rather than comparing firms that provide different responses to our survey question, we compare the same firm at different points in time.19 We predict that firms using the GAAP ETR as their tax rate input for decision making are likely to make better decisions when their GAAP ETR is close to their MTR. However, as the difference between the MTR and GAAP ETR becomes larger, these firms’ decisions are likely to become more inefficient. The benefits of our chosen research design are two-fold: First, and perhaps foremost, inferences based on the above research design are unaffected by (potential) response biases induced by our survey. Second, because we only exploit variation in the difference between a firm’s MTR and its GAAP ETR, our inferences are less likely to be affected by any unaccounted for relation between firms’ tax rate choices and their characteristics. We merge survey data for firms that say they use the GAAP ETR as the tax rate input with Compustat data from 1997 to 2006, thereby creating a ten year panel. We measure GAAP ETRs for each firm-year as total income-tax expense scaled by pre-tax book income and we measure MTRs for each firm-year using the approaches developed by (i) Shevlin (1987, 1990) and Graham (1996a) and (ii) Blouin et al. (2010). We recognize that our MTR proxies have 19 An implicit assumption with this research design is that the rate firms say they use in the survey is the rate they use in the years we include in the sample (i.e., that this choice is time invariant during our sample period). 25 measurement error and devise a falsification test in Section 6.4 to mitigate this concern as well as other concerns. 6.1. Capital structure consequences We begin by examining whether firms that use the GAAP ETR as the tax rate input for capital structure decisions end up using debt either conservatively or aggressively. If a firm’s GAAP ETR is higher (lower) than its MTR and the GAAP ETR is used for decision making, then such a firm is likely to overestimate (underestimate) the tax benefits of debt and have a relatively aggressive (conservative) debt policy. We use the approaches in Graham (2000) and van Binsbergen et al. (2010) to measure how aggressively firms use debt and how far firms are from their optimal leverage ratios. The approach in Graham (2000) uses information in a firm’s marginal tax benefit of debt function to evaluate the extent to which the firm’s capital structure policy is aggressive or conservative. Whereas, the approach in van Binsbergen et al. (2010) simulates both the marginal cost and tax benefit of debt functions to identify a firm’s optimal capital structure. Although the van Binsbergen et al. (2010) method provides a more comprehensive estimate of the economic cost of not being at the optimal leverage ratio, the estimation procedure requires more assumptions than the approach in Graham (2000). Thus, we conduct both tests below. The first test approach is based on Graham’s (2000) “debt kink” calculation. Graham (2000) constructs a firm’s tax benefit function using a series of hypothetical marginal tax rates,20 with each rate corresponding to a specific level of interest deductions. The benefit function is initially flat for small interest deductions but eventually becomes downward sloping as interest deductions increase (see Figure 2). This result occurs because interest deductions reduce taxable 20 The MTR measures the tax savings benefit of being able to deduct interest. For example, a firm facing a 35% MTR will save $0.35 in taxes if it is able to deduct $1 in interest from taxable income. 26 income, which decreases the probability that a firm will be fully taxable in all current and future states, which in turn reduces the tax benefit from the incremental deductions. Graham (2000) quantifies how aggressively a firm uses debt with the “kink” in the firm’s tax benefit function (i.e., the point where marginal benefits begin to decline and thus the function begins to slope downward) (see Figure 2). Specifically, the “kink” is defined as the ratio of the amount of interest required to make the tax rate function slope downward to actual interest expense. If kink is less than one, a firm operates on the downward-sloping part of its tax rate function and is considered to use debt aggressively because it expects reduced tax benefits on the last portion of its interest deductions. If kink is greater than one, a firm could increase interest expense and expect full benefit on these incremental deductions; such a firm can be thought of as using debt conservatively. Therefore, debt conservatism increases with kink. We compute the tax benefit function and the “debt kink” using the simulation procedures from both Graham (1996a) and Blouin et al. (2010). The second test approach is based on van Binsbergen et al. (2010), the authors of which estimate company-specific optimal capital structure as occurring at the intersection of the marginal benefit and marginal cost of debt functions. These authors simulate the marginal benefit of debt function using the approach described above (Graham, 2000). The authors use shifts in the benefit function to observe a series of optimal cost/benefit intersection points, and infer the marginal cost of debt function by statistically “connecting the dots” provided by the intersection points.21 Once we identify a firm’s ‘optimal’ or ‘equilibrium’ leverage ratio at the intersection of the marginal benefit and cost curves, we then normalize this equilibrium leverage ratio using the observed leverage ratio to construct an Equilibrium Factor. An Equilibrium 21 An important assumption in the van Binsbergen et al. (2010) approach is that the cost function remains constant as the benefit function shifts. The authors accomplish this by including control variables designed to hold the cost function fixed and by observing exogenous variation in benefit functions induced by tax regime changes. 27 Factor of one implies that the firm is at equilibrium and its optimal leverage ratio is 100% of its actual. An Equilibrium Factor of 1.2 implies that the firm’s optimal leverage ratio is 20% larger than its actual leverage ratio (the firm is underlevered). Similarly, an Equilibrium Factor of 0.8, implies that the firm’s optimal leverage ratio is 20% smaller than its actual leverage ratio (the firm is overlevered). To test our prediction that differences between the MTR and GAAP ETR lead to debt policies that are either too aggressive or too conservative, we estimate the following regression: , , ′ , (1) where Debt Kink is our measure of debt policy conservatism and Equilibrium Factor is the optimal capital structure normalized by the actual capital structure such that larger (smaller) values of Equilibrium Factor imply that the firm is underlevered (overlevered). The signed difference between firms’ MTR (before interest deductions) and their GAAP ETRs (MTR – GAAP ETR) is the primary independent variable of interest. We use before-interest MTRs in this analysis because the dependent variables, Debt Kink and Equilibrium Factor, are based on the cumulative financial policy of all financing decisions rather than just the marginal financing decision. Before-interest MTRs remove the effect of past financing decisions (that are still part of existing capital structure) and are appropriate to use when the dependent variable is a stock measure of capital structure (like the debt kink and optimal leverage ratio).22 In the regression above, i indexes firms, t indexes years, and are industry and year fixed effects, X is a vector of control variables that includes a number of nontax factors that affect debt policy, following Graham (2000) or other factors affecting optimal capital structure. is predicted to be positive: when the GAAP ETR is greater (less) than the 22 In contrast, after-interest MTRs are based on income after interest is deducted and are the appropriate MTRs in most other settings, including those in which the dependent variable measures future incremental investing and financing choices (see Graham, Lemmon, and Schallheim, 1998; Graham and Mills, 2008). 28 MTR, firms will use debt too aggressively (conservatively) and the kink/equilibrium factor will be lower (higher). We cluster standard errors by firm. Table 6, Panel A presents the descriptive statistics for the variables used in the Debt Kink regression and Table 6, Panel B presents the regression results when Debt Kink is the dependent variable. For brevity, we do not discuss the descriptive statistics. In Panel B, we find that the coefficient for (MTR – GAAP ETR) is positive and statistically significant at the 5% level using both MTR proxies, Graham (1996a) and Blouin et al. (2010). These coefficients suggest that as the distance between a firm’s MTR and GAAP ETR widens such that the firm’s GAAP ETR is higher (lower) than its MTR, the firm adopts a relatively aggressive (conservative) debt policy, which is consistent with our prediction. Table 7, Panel A presents the descriptive statistics for the variables used in the Equilibrium Factor regression. In addition to presenting the regression results, we tabulate the mean and median Equilibrium Factor of the firms in each quartile of (MTR – GAAP ETR) (Table 7, Panel B). This panel not only shows us the relation between (MTR – GAAP ETR) and Equilibrium Factor but also tells us if the mean/median firm across the distribution of (MTR – GAAP ETR) is under- or over-levered (since an Equilibrium Factor smaller (larger) than one implies that the firm is overlevered (underlevered)). Table 7, Panel B shows that there is a near monotonic increase in Equilibrium Factor as we move from the first to the fourth quartile of (MTR – GAAP ETR). Further, the table shows that the median firm in the 1st quartile of the (MTR – GAAP ETR) distribution is overlevered but the median firm in the remaining three quartiles is underlevered. The near monotonic relation between (MTR – GAAP ETR) and Equilibrium Factor combined with the observation that Equilibrium Factor is greater than one in the top three quartiles of (MTR – GAAP ETR) tells us that firms using the GAAP ETR for capital structure 29 decisions become more underlevered as MTR becomes larger than the GAAP ETR (consistent with our prediction).23 Table 7, Panel C presents the results from a regression of Equilibrium Factor on (MTR – GAAP ETR). Consistent with the univariate results in Panel B, we find that the coefficient for (MTR – GAAP ETR) is positive and statistically significant at the 5% level. The coefficient estimate for (MTR – GAAP ETR) in the multivariate regression is 1.75, which tells us that a one percentage point increase in the difference between the MTR and GAAP ETR leads to a 1.75 percentage point increase in Equilibrium Factor. Consider a hypothetical firm that uses the GAAP ETR for decision making and is currently at its optimal leverage ratio with its GAAP ETR equal to its MTR. Let’s say the GAAP ETR for this firm decreases from 35% to 34% while the MTR is remains constant. In this case, our regression coefficient predicts that the firm’s actual leverage ratio will move from the optimal to being only 98.25% of the optimal (the firm would be underlevered as a result). To get a better sense of the magnitude of the loss in firm value as a result of using the GAAP ETR instead of MTR, in Panel D we change the dependent variable in the above regression to the total deadweight cost of being under- or over-levered, where Total Deadweight Loss is measured as the area between the cost and benefit curves when a firm has more/less debt than recommended by our model (see Figure 2). We use the absolute value of the difference between MTRs and ETRs in this regression because the dependent variable combines the loss from being underlevered for some firms with the loss from being overlevered for other firms.24 23 That most firms are underlevered is also consistent with prior research (van Binsbergen et al., 2010; Korteweg, 2010) and the observation that the cost of being overlevered is asymmetrically higher than the cost of being underlevered (Leary and Roberts, 2005; van Binsbergen et al., 2010). 24 However, in untabulated analyses, we find that the signed difference between the MTR and ETR is positively (negatively) associated with the deadweight cost of being overlevered (underlevered), which is consistent with our expectation. Interestingly, we find that the coefficient for (MTR – ETR) is larger in magnitude when the dependent 30 Total Deadweight Loss is reported as a percentage of book value in perpetuity; for example, a loss of 5% would occur if the annual loss was 0.5% and the discount rate was 0.10.25 The average Total Deadweight Loss for our sample firms is 1.1% (from Table 7, Panel A), which is consistent with these firms being off equilibrium (underlevered), on average. In Table 7, Panel D we find that the relation between |MTR – GAAP ETR| and Total Deadweight Loss is positive and significant (as expected). The coefficient for |MTR – GAAP ETR| suggests that a one percentage point increase in the difference between MTRs and ETRs leads to a 3.8 percentage point increase in the Total Deadweight Loss. In dollar terms, this result implies that a one percentage point increase difference between MTRs and ETRs leads to $1.28 million increase in deadweight cost.26 Since the average difference between the MTR and ETR (for firm that responded that their company uses the GAAP ETR) is 7.7 percentage points, our results suggest that the average firm experiences a deadweight loss of $9.86 million or 0.26% of assets for making the incorrect capital structure decision. Collectively, the results in Tables 6 and 7 suggest that using the GAAP ETR for decision-making reduces firm value. 6.2. Capital investment consequences In this section, we examine whether firms that use the GAAP ETR as the tax rate input for capital investment decisions make inefficient capital investment decisions. The intuition is that differences between the MTR and GAAP ETR can lead firms to incorrectly forecast the after-tax cash flows from their current and potential investments. Incorrect cash flow forecasts are likely to create biases in firms’ evaluation of their existing investments’ NPV as well as that variable is the deadweight cost from being overlevered. This result is consistent with the asymmetrically higher loss of overleverage relative to underleverage (Leary and Roberts, 2005). 25 As indicated in the Appendix, we obtain data on Equilibrium Factor and Total Deadweight Cost from van Binsbergen et al. (2010). Also note that these authors use the Moody’s average corporate bond yield as the discount rate for all firms in a given year. 26 The dollar magnitude is computed by multiplying the average the book value of assets ($3.8 billion) and the change in the Total Deadweight Loss (1.138%-1.10%) from a one percentage point increase in |MTR – GAAP ETR|. 31 of their investment opportunities, leading to too little investment in high NPV projects and/or too much investment in low (or negative) NPV projects, and thus leading to a weaker relation between investment and investment opportunities (i.e., inefficient decisions). For example, if a firm’s GAAP ETR is higher (lower) than its MTR and the GAAP ETR is used for decision making, then such a firm is likely to underestimate (overestimate) the after-tax cash flows from investing and thus underinvest (overinvest). To test this prediction, we examine the association between the difference between the MTR and GAAP ETR and responsiveness of investment to investment opportunities, which prior research interprets as an outcome of more efficient investment behavior (Hubbard, 1998; Bekaert, Harvey, Lundblad, and Siegel, 2007; Badertscher, Shroff, and White, 2013; Asker, Farre-Mensa, and Ljungqvist, 2014). Specifically, we estimate the following equation using OLS in the tradition of Q-theory of investment (Fazzari et al. 1988): , 1 3 | . . _ , 1 | | . . _ , 2 1 |, , 1 (2) where CAPEX is capital expenditures scaled by lagged total assets, INV_OPP is our proxy for investment opportunities (discussed below), |MTR A.I. – GAAP ETR| is the unsigned difference between firms’ simulated after-interest MTRs and their GAAP ETRs, CFO measures a firm’s cash flows from operations scaled by total assets, and ( ) are industry (year) fixed effects. Investment efficiency is estimated by the coefficient for the INV_OPP variable, β1, which is predicted to be positive. The coefficient of interest in the above equation is β3, which captures the incremental sensitivity of investment to investment opportunities for firm-years with larger differences between the MTR and ETR. As any under- or over-investment represents investment inefficiency, β3 is predicted to be negative. We use the absolute value of the difference between MTR A.I.s and GAAP ETRs in this analysis because both over- and under-investment reduces the sensitivity of a firms’ investment 32 to its investment opportunities. For example, firms that increase investment when their growth opportunities are declining (overinvestment firms) are likely to have lower investment-growth opportunity sensitivities, and firms that decrease investment when their growth opportunities are increasing (underinvestment firms) are also likely to have lower investment-growth opportunity sensitivities. As a result, we use the absolute value of the difference between MTRs and ETRs in this analysis. Also note that we use an after-interest estimate of MTR in the above regression (rather than a before interest estimate as we did for our analyses of capital structure decisions) because the cash flows from the marginal investment decision are subject to the firm’s marginal tax rate after deducting interest. In other words, capital investment decisions are incremental decisions and should be analyzed using the tax rate applicable to incremental decisions, which is the after-interest MTR (Graham et al., 1998; Graham and Mills, 2008). We proxy for investment opportunities using Tobin’s Q and Sales Growth following a long list of prior studies (Wurgler, 2000; Whited, 2006; Bloom, Bond, and Van Reenen, 2007; Badertscher et al., 2013; Shroff et al., 2014). While these proxies for investment opportunities are measured with error (as in prior research), our inferences are only affected to the extent the measurement error in these proxies is correlated with time-series changes in the differences between the MTRs and ETRs of firms. We have no reason to expect such a correlation, however, our falsification test described in Section 6.4 mitigates such potential concerns.27 Table 8, Panel A presents the descriptive statistics for the variables used in the regression described above, and Panel B presents the regression results. Consistent with our prediction, we find that the coefficient for |MTR A.I. – GAAP ETR| × INV_OPP is negative and statistically 27 A significant limitation of using Tobin’s Q as a proxy for investment opportunities is that the numerator in Q includes the market value of equity. To the extent investors anticipate and identify firms that use the GAAP ETR as their tax rate for decision making and incorporate this information into the firm’s stock price, our inferences could be confounded by an endogeneity bias. However, this concern does not affect the Sales Growth proxy. 33 significant in all four regressions presented in the table. These coefficients suggest that as the gap between a firm’s MTR and GAAP ETR widens, firms that use the GAAP ETR as the tax rate input for decision making become less responsive to their growth opportunities. This result can be interpreted as indicating that a firm using the GAAP ETR as its tax rate input is less efficient in its investment decision-making when the GAAP ETR differs from its MTR. The table also shows that the coefficients for INV_OPP and CFO are positive and statistically significant in all our regressions, consistent with our expectations and prior research. 6.3. M&A consequences In this section, we examine whether firms that use the GAAP ETR as the tax rate input for M&A decisions are more prone to making value-decreasing acquisitions. Acquisitions are among the largest and most readily observable forms of corporate investment and thus an important corporate decision with a significant effect on firm value. Typically, acquisition decisions require rigorous due diligence that includes evaluating the target firm’s value as a stand-alone business and the value of potential synergies gained from combining businesses. Both processes require firms to forecast after-tax cash flows. To the extent that firms use the GAAP ETR to measure the tax impact of the acquisition decisions, they are likely to under- or over-estimate the value of the acquisition. Underestimating the expected value created from an acquisition is likely to result in the firm simply not engaging in the acquisition or being outbid by competing bidders. However, we are unable to empirically measure such lost opportunities. On the other hand, conditional on successfully completing an acquisition, companies using the GAAP ETR as their tax rate input for decision making are more likely to have either overbid for the target and/or more likely to have made other errors in forecasting the value of the acquisition. 34 Thus, companies that use the GAAP ETR for decision making are more likely to make value destroying acquisitions, especially when the GAAP ETR is different from the MTR. Following a long list of prior studies, we measure whether acquisitions are value enhancing or decreasing by examining the market response to their acquisition announcements (see e.g., Harford, 1999; Fuller, Netter, and Stegemoller, 2002; Moeller, Schlingemann, and Stulz, 2004; Masulis, Wang, and Xie, 2007; Goodman, Neamtiu, Shroff, and White, 2014). We estimate the following OLS regression to test our prediction: where | . . |, ′ , (3) is the five–day [-2,2] cumulative abnormal return around the acquisition announcement date. We measure abnormal returns as the firm’s return minus the return of the CRSP value weighted index. |MTR A.I. – GAAP ETR| is the unsigned difference between an acquirer’s simulated MTR after interest deductions and its GAAP ETR. X is a vector of control variables that includes a number of other determinants of acquirer returns following Harford (1999), Masulis et al. (2007), and Goodman et al. (2014). The regression also includes year and industry fixed effects, and the standard errors are clustered at the firm-level. The coefficient of interest, , captures the incremental acquisition announcement return for M&A deals in firm- years with larger differences between the MTR and ETR, and is predicted to be negative. Table 9, Panel A presents the descriptive statistics for the variables used in the above regression and Table 9, Panel B presents the regression results. Consistent with our prediction, we find that the coefficient for |MTR A.I. – GAAP ETR| is negative and significant using both MTR proxies (i.e., Graham/Shevlin and BCG). These coefficients suggest that as the gap between a firm’s MTR and GAAP ETR widens, firms that use the GAAP ETR as the tax rate input for decision making complete acquisitions that are (relatively) value decreasing for 35 shareholders. This result can be interpreted as indicating that a firm using the GAAP ETR as its tax rate input is less efficient in its investment decision-making when the GAAP ETR differs from its MTR. In terms of economic magnitude, our coefficients imply that a one percentage point increase in the difference between the MTR and ETR reduces the acquisition announcement return by 0.08 to 0.10 percentage points (depending on the MTR proxy). Since the average (unsigned) stock return to an acquisition announcement is 3.90%, our results suggest that using the GAAP ETR for M&A decisions reduces the average acquisition announcement return by 2.03 to 2.64% per one percentage point increase in the difference between the MTR and GAAP ETR. Since the market value of the average acquirer is $27 billion (untabulated), in dollar terms, our coefficients imply that an acquisition announcement by firms using the GAAP ETR for decision making lowers acquirer market values by $21–$28 million, on average.28 6.4. Falsification tests Thus far, we focus on firms that use the GAAP ETR as their tax rate input and examine whether these firms make inefficient corporate decisions when their GAAP ETRs significantly differ from their MTRs. Although this analysis offers a number of advantages, potential concerns about measurement error and correlated omitted variables remain. We devise a falsification test using firms that say they use the MTR as their tax rate input for decision making. The intuition is that if firms use the MTR as the tax rate input for their decisions, then the difference between the MTR and GAAP ETR should be uncorrelated with their capital structure, investment, and acquisition outcomes. If the difference between the MTR and GAAP ETR captures confounding factors that have a direct relation with corporate decisions, then we would (spuriously) find that 28 The dollar magnitude of the decrease in acquirer market value is computed by multiplying the coefficient estimate for |MTR A.I. – GAAP ETR| (i.e., -0.103% or -0.079%) with the average acquirer market value (i.e., 27 billion). 36 this difference is related to the corporate outcomes even for firms that use the MTR for decision making. Table 10 presents the results of the falsification analyses. Specifically, Panel B (C, D) presents the results for our analyses of the Debt Kink (Capital Expenditures, Acquisition Announcement Returns) and Panel A presents the descriptive statistics for all the variables. The regressions in Table 10 have the same structure that we used in our earlier analyses but now are estimated using the firms that say they use the MTR for decision-making. Consistent with our expectations, we find that the coefficient for MTR – GAAP ETR in Panel B, |MTR A.I. – GAAP ETR| × INV_OPP in Panel C, and |MTR A.I. – GAAP ETR| in Panel D are all statistically insignificant. These results indicate that the difference between a firm’s MTR and ETR does not affect capital structure and investment policy for firms that use the MTR as their tax rate input for decision-making (consistent with our prediction). These results help mitigate concerns that the inferences drawn from Tables 6, 8 and 9 are confounded by spurious correlations. This falsification test also helps mitigate the concern that measurement error in our simulated MTR proxies could drive our results. Simulated MTRs have measurement error when firms have foreign income in low tax jurisdictions and non-debt tax shields such as employee stock options, among other things. However, if measurement error in MTR induces a relation between (MTR – GAAP ETR) and the corporate outcomes we examine, then we should observe this relation for both firms that use the GAAP ETR for decision-making as well as firms that use the MTR for decision-making. Notwithstanding the above, we also partition our data into two groups based on whether firms have foreign income. Since there is more measurement error in the MTR proxies for firms with foreign income, we predict that our results from Tables 6 to 9 will be weaker (stronger) for 37 firms with (without) foreign income. Consistent with this prediction, we find that all our results continue to hold in the sample of domestic firms (with no foreign income) and the results become weaker in the sample of firms with foreign income (untabulated). This result is consistent with our expectations and provides additional evidence that our inferences are unlikely to be confounded by measurement error in the MTR proxy. 7. Conclusion In this paper, we survey corporate tax executives to examine the manner in which companies incorporate taxes into their decision making. We directly ask tax executives what tax rate their companies use in decision making and we merge their responses with Compustat data. We find, surprisingly, that many firms use the GAAP effective tax rate (ETR) as their tax rate input for decision making and few firms use the marginal tax rate (MTR). We provide some conjectures and descriptive results in an attempt to explain the survey responses. We find that the difference between the statutory tax rate (STR) and MTR is less than two percentage points for the majority of the firms using the STR as the tax rate input for decision making. This result is consistent with managers relying on simple heuristics that approximate theoretically correct constructs in their decision making process. We also find that companies that are more focused on external reporting (e.g., public firms and firms with high analyst following) are significantly more likely to use the GAAP ETR as the tax rate in their decisions. In contrast, firms less focused on external reporting (e.g., private firms) are significantly more likely to use STRs as the tax rate in their decisions. These results suggest that salience also affects the tax rate used by managers. Finally, we find that larger firms (conditional on being public), firms with high R&D intensity and high institutional ownership are more likely to use the MTR for decision making, 38 suggesting that firms with greater tax planning opportunities and more external monitoring effectively incorporate taxes into their decision making. We then go on to examine the magnitude of adverse economic consequences for firms that use the GAAP ETR as their tax rate input for decision making. We find that firms using GAAP ETRs as the tax rate input for their capital structure decisions adopt an aggressive (conservative) debt policy when their GAAP ETR is greater (less) than their MTR. In terms of investment outcomes, we find that the firms that use the GAAP ETR as the tax rate input for investment decisions are less responsive to their investment opportunities and have lower acquisition announcement returns when the difference between their firm’s MTR and GAAP ETR is large. These results suggest that the tax rate firms use to incorporate taxes into their business decisions has important economic consequences. Specifically, the use of GAAP ETRs instead of the theoretically suggested MTR as the tax input for decision making leads to inefficient corporate decisions. We estimate that the capital structure inefficiency alone costs the firm $10 million (on average) in forgone value. 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Journal of Financial Economics 58, 187-214. 45 APPENDIX Variable Definitions This table provides a detailed description of the procedure used to compute each variable used in our analyses. Our data are obtained through (i) survey questions, (ii) Compustat, (iii) I/B/E/S, (iv) Thomson Reuters, (v) John Graham’s website (JG Website), (vi) the Hoberg-Phillips Data Library (H-P Website) (vii) SDC Platinum, and (viii) courtesy of Jie Yang. The cross-sectional variables are constructed using data from year 2006. All continuous variables are winsorized at 1% and 99% of the distribution and all dollar amounts are in millions. The variables are listed in alphabetical order. Variable 3-Yr Cash ETR Acquisition Announcement Return Acquisition Expenditure Advertising Intensity Analyst Following Assets Asset Growth BGY Fin. Constraints Indicator Cash Acquisition Cash ETR Capital Expenditures CFO Credit Rating Dummy Debt Kink Diversifying Acquisition Dividend Dummy Equilibrium Factor Firm Size Foreign Acquisition Definition 3-Yr Cash ETR is computed as the ratio of the sum of the Cash ETR numerator for the preceding three years and sum of Cash ETR denominator for the preceding three years. Where Cash ETR is the cash effective tax rate defined as the sum of total tax paid (data TXPD) divided by pretax income (data PI). Five-day cumulative abnormal return for the acquirer around the announcement date of an acquisition. Abnormal returns are calculated using the Fama-French three-factor daily market model. The market-model parameters are estimated using daily returns data from the year prior to the acquisition. The announcement date is the event date disclosed in SDC. Acquisition expenditures (data AQC) scaled by lag total assets (data AT). Missing acquisition expense data are coded as zero. The ratio of advertising expense (data XAD) scaled by total assets (data AT). Missing advertising expense data are coded as zero. The number of analyst following a firm in I/B/E/S. We assume that analyst following is zero for public firms not covered by I/B/E/S. Worldwide assets (in millions) and corresponds with Compustat data item AT. Changes in total assets scaled by lag total assets (data AT). Indicator variable for firm-years in the bottom two terciles of all of the following variables: long-term debt issuance (data DLTIS), long-term debt reduction (data DLTR), equity issuance (data SSTK), and equity reduction (data PRSTKC). An indicator equal to one if the acquisition was paid for in cash. Cash ETR is the cash effective tax rate defined as the sum of total tax paid (data TXPD) divided by pretax income (data PI). Capital expenditures (data CAPX) scaled by lag total assets (data AT). Cash flow from operations (data OANCF) scaled by lag total assets (data AT). Indicator variable equal to one if the firm has an S&P credit rating (non-missing Compustat data item SPLTICRM). Ratio of the amount of interest required to make the tax rate function slope downward to actual interest expense. The tax rate function is computed using the MTRs from Graham (1996a) or Blouin, Core, and Guay (2010). See Graham (2000) for more details. An indicator equal to one if the target’s one-digit SIC code differs from that of the acquirer’s. Indicator variable equal to one if the firm pays a dividend in year in the fiscal year before the acquisition. Equilibrium Factor is defined as the intersection of the marginal benefit of debt and marginal cost of debt curves. The marginal benefit curve is computed following Graham (2000) and the marginal cost curve is computed following van Binsbergen, Graham, and Yang (2010). If Equilibrium Factor = 1, the firm’s equilibrium leverage is 100% of its actual (i.e., firm is at equilibrium). If Equilibrium Factor = 1.2, the firm should have 120% of its actual leverage (i.e., firm is underlevered). If Equilibrium Factor = 0.8, the firm should have 80% of its actual leverage (firm is overlevered). We thank Jie Yang for sharing this variable with us. The book value of worldwide assets (data AT). Indicator variable that takes a value of one if the target is a foreign company. 46 Foreign Assets Foreign Income GAAP ETR GAAP ETR Importance HP Fin. Constraints Indicator Intangible Intensity Institutional Ownership (%) Leverage MB MTR MTR After Interest (MTR A.I.) MVE NOL Non-Distress Indicator No. of Bidders No. of Tax Returns Filed PPE Pre-Acquisition Return Run Up Public Public Target R&D Intensity Proportion of assets owned in foreign locations. Foreign pre-tax income (data PIFO) divided by total assets (data AT). GAAP ETR is the GAAP effective tax rate defined as total tax expense (data TXT) divided by pretax accounting income (data PI). The GAAP ETR is set to missing of PI is less than or equal to zero. This variable is computed using the survey responses to the question “Which metric is more important to the top management at your company?” The respondents could pick one of the following answers: (i) GAAP ETR, (ii) Cash Taxes Paid, or (iii) Both are equally important. GAAP ETR Importance is an indicator variable that takes on the value of one for firms indicating that the GAAP ETR is the most important metric to top management or both cash taxes and the GAAP ETR are equally important to top management. Indicator variable for firms in the top tercile of the yearly size-age index developed by Hadlock and Pierce (2010). The size-age index is (−0.737 × Size) + (0.043 × Size2) − (0.040 × Age), where size equals the log of inflation-adjusted book assets, and age is the number of years the firm is listed with a non-missing stock price on Compustat. In calculating this index, size is winsorized at $4.5 billion, and age is winsorized at 37 years. The ratio of intangible assets (data INTAN) scaled by total assets (data AT). Missing data are coded as zero. The percentage of the firm’s equity held by institutional investors in year t. Calculated from data provided in the Thomson-Reuter’s Institutional Holdings (13F) Database. Set equal to zero if the data are missing. Ratio of long-term debt (data DLTT) plus the debt included in current liabilities (data DLC) to total assets (data AT). Market-to-book ratio (MVE/data CEQ). MTR is the simulated marginal tax rate (before financing) obtained from John Graham’s website (https://faculty.fuqua.duke.edu/~jgraham/taxform.html) or from WRDS for the Blouin, Core, and Guay (2010) procedure. MTR A.I. is the simulated marginal tax rate (after financing) obtained from John Graham’s website (https://faculty.fuqua.duke.edu/~jgraham/taxform.html) or from WRDS for the Blouin, Core, and Guay (2010) procedure. MVE is the market value of equity (data PRCC_F multiplied by data CSHO). An indicator variable that equals one if the firm has a positive tax loss carry-forward (TLCF) on Compustat. Indicator variable for firm-years in the top tercile of the z-score distribution (following van Binsbergen, Graham, and Yang (2010)). Z-score is a bankruptcy score that is computed as follows: 1.2 × working capital + 1.4 × retained earnings + 3.3 × earnings before interest and taxes + 1.0 × sales. Indicator variable that takes a value of one if there is more than one bidder for the target firm. The number of IRS form 5471 filed by the company. Book value of Net Property, Plant, and Equipment (data PPENT) scaled by lag total assets (data AT). Abnormal stock returns for the period (-250, -12) prior to the acquisition announcement date, as in Harford (1999). Abnormal returns are calculated using the Fama-French threefactor daily market model. Market-model parameters are estimated over the period (-370,253). An indicator variable that takes on the value of one for publicly traded firms. An indicator equal to one if the target is identified as public company in SDC Platinum. Ratio of research and development expense (data XRD) scaled by total assets (data AT). Missing R&D data are coded as zero. 47 Relative Value of Target ROA Sales Sales Growth Text-Based HHI Tobin’s Q Total Deadweight Loss US NOL Z-Score The value of the acquisition scaled by the acquirer’s market value of equity. ROA is return-on-assets defined as net income (data NI) divided by total assets (data AT). Worldwide net sales and corresponds to Compustat data item SALE. Changes in sales scaled by lag sales (data SALE). This is an industry concentration measure computed using the Herfindahl-Hirschmann sum of squared market shares formulation (HHI). These HHI data are computed by grouping firms based on their product similarity in their 10-K filings. Specifically, the measure of product similarity is obtained based on text-based analysis of firm 10-K product descriptions. See Hoberg and Phillips (2013) for a detailed description of the procedure used to compute this measure of industry concentration. The market value of worldwide assets, which is computed as the market value of equity plus book value of debt scaled by the book value of assets [(data PRCC_F × data CSHO + data DLTT + data DLC) / (data AT)]. Total Deadweight Loss is the loss in firm value from being either underlevered or overlevered (van Binsbergen, Graham, and Yang, 2010). It is measured as the area between the cost and benefit curves when a firm has more/less debt than recommended by our model. Total Deadweight Loss is reported as a percentage of book value in perpetuity; for example, a loss of 5% would occur if the annual loss was 0.5% and the discount rate was 0.10. We use the Moody’s average corporate bond yield as the discount rate for all firms in a given year. Figure 2 provides a graphical description of this variable. We thank Jie Yang for sharing this variable with us. US NOL is an indicator variable that equals one if the firm has a US net operating loss carryforward (from survey responses). Z Score is the bankruptcy score from Altman (1968) as modified by MacKie-Mason (1990). In terms of Compustat data items it equals: 1.2 × [ACT - LCT]/AT + 1.4 × RE/AT + 3.3 × EBIT/AT + 1.0 × SALE/AT. 48 Figure 1 Survey Responses Describing the Tax Rates used by Firms for Corporate Decision Making Averaged Across all Decisions Examined in the Survey Notes: This figure presents the responses to the survey question “What is the primary tax rate your company uses to incorporate taxes into each of the following forecasts or decision making processes?” The survey respondent is allowed to choose from the following options (or, write in an answer if the options given are not sufficient): (i) U.S. statutory tax rate, (ii) GAAP effective tax rate, (iii) jurisdiction-specific statutory tax rate, (iv) jurisdiction-specific effective tax rate, (v) marginal tax rate, and (vi) other. The question then listed a number of decisions and settings for the respondent to indicate the primary tax rate used in that decision: (i) mergers and acquisitions, (ii) capital structure (debt versus equity), (iii) investment decisions (property, equip., etc), (iv) decision to purchase versus lease (property, equip., etc.), (v) weighted average cost of capital, (vi) where to locate new facilities, and (vii) compensation decisions. The figure provides the percentage of firms using each tax rate averaged across all seven decision contexts. The results are shown separately for public and private firms. The corresponding data in table form are in Table 3, Panel A. 49 Figure 2 Measure of Total Deadweight Cost from Being Overlevered and Underlevered Notes: This figure shows the marginal benefit of debt curve, MB(x), the marginal cost of debt curve, MC(x), and the equilibrium level of debt, x*, that occurs where the marginal cost and benefit curves intersect. The cost of being underlevered is depicted by the shaded area between the MC and MB curves from the actual debt, x0, to the equilibrium, x*, in the case in which the actual level of debt is less than the equilibrium level of debt. The cost of been overlevered is depicted by the shaded area between the MC and MB curves from the equilibrium, x*, to the observed debt, x1, in the case in which the actual level of debt is greater than the equilibrium level of debt. 50 Table 1 Descriptive Statistics Variable Source N Mean SD P25 P50 P75 Public Survey 500 0.778 0.416 1.000 1.000 1.000 Assets (in millions) Survey 493 7,804 19,639 473 1,313 4,895 MVE (in millions) Compustat 354 8,518 20,311 703 1,936 6,164 Sales (in millions) Compustat 356 5,772 12,130 575 1,474 5,260 Tobin's Q Compustat 354 1.970 1.031 1.271 1.594 2.359 ROA Compustat 356 0.058 0.072 0.024 0.059 0.096 Foreign Assets (% of assets) Survey 488 0.187 0.216 0.000 0.100 0.305 No. of Tax Returns Filed Survey 489 6.609 20.506 1.000 1.000 3.000 Leverage Compustat 356 0.212 0.196 0.048 0.174 0.320 Sales Growth Compustat 353 0.152 0.239 0.039 0.098 0.193 Asset Growth Compustat 354 0.143 0.275 0.003 0.071 0.189 Survey 478 0.462 0.499 0.000 0.000 1.000 R&D Intensity Compustat 356 0.024 0.044 0.000 0.000 0.032 Intangible Intensity Compustat 351 0.188 0.182 0.030 0.137 0.307 Analyst Following I/B/E/S 356 9.798 8.253 3.000 8.000 15.000 Thomson Reuters 357 0.536 0.402 0.000 0.688 0.869 H-P Website 340 0.213 0.232 0.059 0.121 0.262 Survey 398 0.309 0.165 0.273 0.340 0.377 GAAP ETR Compustat 311 0.313 0.154 0.278 0.336 0.375 MTR JG Website 203 0.309 0.099 0.350 0.350 0.350 MTR After Interest (MTR A.I.) JG Website 234 0.214 0.156 0.029 0.347 0.350 MTR WRDS-Blouin/Core/Guay 334 0.331 0.044 0.337 0.345 0.350 MTR After Interest (MTR A.I.) WRDS-Blouin/Core/Guay 334 0.316 0.060 0.317 0.341 0.348 |MTR - GAAP ETR| JG Website & Compustat 187 0.132 0.289 0.024 0.050 0.118 |MTR A.I. - GAAP ETR| JG Website & Compustat 210 0.167 0.164 0.029 0.096 0.306 |MTR - GAAP ETR| Blouin/Core/Guay & Comp 291 0.095 0.154 0.023 0.044 0.099 |MTR A.I. - GAAP ETR| Blouin/Core/Guay & Comp 291 0.101 0.156 0.026 0.048 0.107 Compustat 297 0.287 0.236 0.171 0.254 0.356 US NOL Institutional Ownership (%) Text-Based HHI GAAP ETR (survey response) 3-Yr Cash ETR Notes: The above data are obtained through (i) survey questions, (ii) Compustat, (iii) I/B/E/S, (iv) Thomson Reuters, (v) John Graham’s website (JG Website: https://faculty.fuqua.duke.edu/~jgraham/taxform.html) or (iv) the HobergPhillips Data Library (H-P Website: http://alex2.umd.edu/industrydata/industryconcen.htm). All continuous variables are winsorized at 1% and 99% of the distribution and all dollar amounts are in millions. All variables are defined in the Appendix. 51 Table 2 Non-Response Bias Test All Compustat (1) Assets MVE Sales Leverage Cash MB ROA Asset Growth Sales Growth Capital Exp. Acquisition Exp. R&D Exp. NOL GAAP ETR 3-Yr Cash ETR MTR N 5,938 5,443 5,911 5,921 5,937 5,443 5,911 5,692 5,499 5,877 5,938 5,938 5,938 4,239 4,052 2,097 Mean 3,580.2 2,369.1 1,719.4 0.19 0.20 4.35 -0.04 0.36 0.25 0.04 0.02 0.05 0.37 0.26 0.27 0.27 All Public Firms we Contacted with Available Data (2) N 1356 1288 1342 1341 1337 1279 1338 1326 1323 1334 1338 1338 1338 1172 1165 756 Mean 9,075.2 7,206.3 5,049.7 0.22 0.14 3.30 0.05 0.15 0.14 0.05 0.03 0.02 0.42 0.29 0.27 0.31 Survey Responders (Public Firms) with Available Data (3) N 414 396 400 400 396 387 396 396 395 396 396 396 396 349 354 227 Mean 10,173.8 8,283.1 5,717.8 0.21 0.15 3.32 0.07 0.14 0.14 0.05 0.03 0.02 0.39 0.31 0.27 0.31 Survey Nonresponders (Public Firms) with Available Data (4) N 942 892 942 941 941 892 942 930 928 938 942 942 942 823 811 529 Mean 8,592.3 6,728.2 4,766.1 0.22 0.13 3.30 0.04 0.15 0.14 0.05 0.03 0.02 0.43 0.29 0.28 0.31 p-Value 1 vs. 2 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.72 0.00 1 vs. 3 0.00 0.00 0.00 0.21 0.00 0.00 0.00 0.00 0.00 0.01 0.02 0.00 0.28 0.00 0.67 0.00 2 vs. 3 0.45 0.33 0.29 0.25 0.30 0.95 0.00 0.55 0.75 0.27 0.46 0.80 0.33 0.18 0.55 0.91 3 vs. 4 0.28 0.15 0.13 0.12 0.16 0.93 0.00 0.42 0.66 0.12 0.32 0.74 0.18 0.09 0.42 0.88 Notes: All dollar amounts are in millions. All Compustat variables are measured in the fiscal year ending in 2006 and are winsorized at 1% and 99% of the distribution. Column (1) consists of all the firms on Compustat except for firms with a negative book value, firms whose names indicate they are limited partnerships, and firms incorporated outside the United States. Column (2) includes all the firms that were sent a survey (as described in Section 2 in the paper) that we could match to and retrieve the data from Compustat. Column (3) includes the survey responders with data available on Compustat. Column (4) consists of the group of firms that are on Compustat and that we sent a survey to but did not receive a response. All variables are defined in the Appendix. 52 Table 3 Survey Responses Describing the Tax Rates used by Firms for Corporate Decision Making Panel A: What is the primary tax rate your company uses to incorporate taxes into each of the following forecasts or decision making processes? Jurisdiction Jurisdiction Marginal U.S. Statutory Other N GAAP ETR Specific STR Specific ETR Tax Rate Tax Rate (STR) Merger &Acquisition Decisions 21.1% 24.9% 20.3% 20.1% 10.1% 3.4% 497 Capital Structure 25.9% 29.7% 14.5% 15.3% 12.0% 2.7% 491 Investment Decisions 22.9% 24.5% 21.1% 16.0% 12.5% 3.1% 489 Decision to Purchase vs. Lease 23.9% 23.7% 20.3% 16.4% 12.3% 3.5% 489 Weighted Average Cost of Capital 25.4% 34.3% 13.4% 12.6% 11.8% 2.5% 484 Where to Locate New Facilities 17.0% 16.6% 28.8% 25.9% 8.8% 2.9% 487 Compensation 25.7% 27.2% 19.1% 12.9% 10.6% 4.6% 482 Panel B: Pearson Correlation 1 2 3 4 5 6 1 Merger &Acquisition Decisions 2 Capital Structure 0.78 1 3 Investment Decisions 0.80 0.80 1 4 Decision to Purchase vs. Lease 0.76 0.80 0.93 1 5 Weighted Average Cost of Capital 0.72 0.78 0.81 0.82 1 6 Where to Locate New Facilities 0.76 0.74 0.82 0.78 0.71 1 7 Compensation 0.66 0.71 0.77 0.77 0.76 0.70 7 1 1 Notes: Panel A in this table summarizes the responses to our survey question and Panel B presents the correlations among the survey responses in Panel A. All the correlation coefficients in Panel B are statistically significant at the 1% level. 53 Table 4 Univariate Analyses – Percentage of Firms that Use a Given Tax Rate as an Input into a Given Policy Decision Panel A: Conditioning based on Survey Data % of All Firms GAAP ETR - Capital Structure GAAP ETR - Capex GAAP ETR - M&A MTR - Capital Structure MTR - Capex MTR - M&A STR - Capital Structure STR - Capex STR - M&A 45.0% 40.5% 45.1% 12.0% 12.5% 10.1% 40.3% 44.0% 41.4% Ownership Firm Size US NOLs Public Private Below Median Above Median Yes No 47.4% 42.1% 47.9% 11.8% 12.6% 8.8% 38.2% 42.4% 39.7% 37.0% 34.6% 35.2% 13.0% 12.1% 14.8% 47.2% 49.5% 47.2% 49.0% 43.7% 44.1% 11.7% 11.3% 10.6% 37.7% 43.3% 42.9% 41.6% 37.7% 46.1% 11.8% 13.1% 9.0% 43.3% 45.1% 40.8% 44.2% 42.3% 44.1% 11.2% 11.3% 10.5% 40.9% 42.7% 41.8% 44.9% 38.6% 45.9% 13.0% 13.8% 9.8% 40.2% 44.9% 41.2% Metric Important to Top Management GAAP Cash ETR Taxes Paid 47.3% 41.1% 46.7% 11.1% 12.1% 9.1% 39.2% 44.1% 40.8% 37.2% 37.6% 38.6% 15.0% 13.8% 13.2% 45.1% 45.0% 45.6% Proportion of Assets in Foreign Locations Below Above Median Median 45.5% 42.4% 47.3% 15.0% 16.1% 14.0% 37.2% 38.8% 36.0% 45.4% 38.8% 43.2% 8.4% 8.0% 5.7% 43.6% 49.6% 47.6% Panel B: Conditioning based on Compustat Data % of Public Firms GAAP ETR - Capital Structure GAAP ETR - Capex GAAP ETR - M&A MTR - Capital Structure MTR - Capex MTR - M&A STR - Capital Structure STR - Capex STR - M&A 47.4% 42.1% 47.9% 11.8% 12.6% 8.8% 38.2% 42.4% 39.7% Firm Size Below Above Median Median 54.0% 47.4% 50.3% 11.1% 10.5% 8.2% 32.3% 39.5% 37.9% 40.9% 37.0% 45.6% 12.4% 14.6% 9.3% 44.0% 45.3% 41.5% Metric Important to Top Mgmt. GAAP Cash ETR Taxes 48.6% 42.5% 48.6% 11.5% 12.4% 8.9% 37.1% 41.9% 38.8% 38.2% 37.0% 40.4% 14.5% 14.8% 8.8% 45.5% 46.3% 47.4% Prop. of Assets in Fgn Locations Below Above Median Median 48.1% 45.0% 50.3% 16.0% 17.5% 14.1% 33.7% 35.4% 33.0% 47.3% 39.6% 46.0% 7.4% 7.5% 3.7% 42.6% 49.2% 46.6% R&D Intensity Leverage |MTR-GAAP ETR| Below Above Median Median Below Above Median Median Below Above Median Median 51.8% 44.9% 54.6% 10.3% 11.2% 8.2% 35.9% 41.8% 34.7% 42.9% 37.3% 40.9% 13.6% 13.1% 9.4% 40.9% 45.8% 44.7% 45.4% 39.1% 47.8% 13.2% 14.4% 11.8% 38.5% 43.1% 36.5% 50.3% 44.0% 49.2% 10.3% 9.7% 5.6% 37.7% 44.0% 41.8% 47.5% 38.2% 48.5% 10.9% 13.7% 10.9% 37.6% 44.1% 37.6% 55.1% 49.0% 56.9% 9.2% 10.2% 5.9% 35.7% 39.8% 35.3% Notes: This table presents the responses to our survey questions after partitioning firms based on their characteristics. Panel A presents data from our entire sample of firms (both private and public) and partitions firms using variables constructed from our survey instrument. Panel B presents data from our sample of public firms and partitions firms using variables constructed from our survey instrument and Compustat. Highlighted fields indicate a statistically significant difference in the percentages reported in the columns at the 10% level or better. All partitioning variables are defined in the Appendix. As an example of how to interpret this table, consider the Ownership partition in Panel A. The numbers in that column indicate that 47.4% (37%) of the public (private) firms use the GAAP ETR for capital structure decisions. The remaining numbers are to be interpreted similarly. 54 Table 5 Multivariate Analyses of the Determinants of Firms’ Responses to Survey Questions Panel A: Determinants of Public and Private Firms Survey Responses using Survey Data as Conditioning Variables Dependent Variable: Public Log(Assets) US NOL GAAP ETR Importance No. of Tax Returns Filed Foreign Assets N Pseudo R-Squared S.E. Clustered by Industry Effective Tax Rate (ETR) Capital Str. 0.380*** (2.77) -0.145** (-2.82) -0.043 (-0.17) 0.386** (1.96) -0.001 (-0.22) -0.052 (-0.13) 442 1.9% Yes Capex M&A 0.423*** (3.04) -0.156** (-3.11) 0.140 (0.72) 0.171 (0.77) 0.002 (0.38) -0.477 (-1.05) 0.516*** (4.04) -0.041 (-0.81) -0.033 (-0.18) 0.200 (1.01) 0.003 (0.59) -0.097 (-0.24) 443 1.9% Yes 447 1.1% Yes Marginal Tax Rate (MTR) Capital Str. 0.205 (1.01) 0.032 (0.44) -0.090 (-0.33) -0.479* (-1.65) 0.000 (-0.03) -1.074 (-1.36) 442 1.2% Yes 55 Statutory Tax Rate (STR) Capex M&A Capital Str. Capex M&A 0.202 (0.96) 0.122* (1.72) -0.100 (-0.42) -0.300 (-1.04) -0.002 (-0.35) -1.507** (-2.09) -0.349 (-1.48) 0.034 (0.29) 0.201 (0.70) -0.186 (-0.68) -0.017 (-1.07) -2.402** (-2.41) -0.468*** (-3.07) 0.115* (2.41) 0.000 0.00 -0.128 (-0.59) -0.002 (-0.47) 0.481 (1.24) -0.436** (-2.59) 0.051 (1.01) -0.154 (-0.77) 0.022 (0.09) -0.003 (-0.88) 0.949** (2.14) -0.341** (-2.40) -0.008 (-0.17) -0.088 (-0.42) -0.097 (-0.44) -0.002 (-0.70) 0.713* (1.76) 443 2.1% Yes 447 3.9% Yes 442 1.3% Yes 443 1.3% Yes 447 0.8% Yes Table 5 (continued) Multivariate Analyses of the Determinants of Firms’ Responses to Survey Questions Panel B: Determinants of Public Firms’ Survey Responses using both Survey and Compustat Data as Conditioning Variables Dependent Variable: Log(Assets) US NOL GAAP ETR Importance No. of Tax Returns Filed Foreign Assets R&D Intensity Leverage ROA Intangible Intensity Analyst Following Institutional Ownership Sales Growth Text-Based HHI |MTR - GAAP ETR| |MTR - GAAP ETR| Missing Indicator N Pseudo R-Squared S.E. Clustered by Industry Effective Tax Rate (ETR) Capital Str. -0.371*** (-3.45) -0.376 (-1.23) 0.540 (1.45) 0.000 (0.03) 0.199 (0.33) -9.092*** (-2.90) 1.167 (1.30) -1.569 (-0.67) 0.423 (0.54) 0.057** (2.59) -0.379 (-1.01) -0.003 (-0.01) -0.345 (-0.59) 1.637* (1.69) -0.050 (-0.15) 298 7.6% Yes Capex -0.341*** (-3.16) -0.033 (-0.11) 0.261 (0.76) 0.004 (0.75) -0.631 (-1.04) -8.974*** (-3.22) 0.685 (0.81) -1.866 (-0.89) 1.134 (1.45) 0.050** (2.18) -0.167 (-0.46) 0.621 (1.19) -0.611 (-1.05) 1.620* (1.64) -0.016 (-0.05) 300 7.8% Yes Marginal Tax Rate (MTR) M&A -0.204* (-1.95) -0.173 (-0.61) 0.361 (1.04) 0.005 (0.85) 0.109 (0.17) -7.902* (-1.84) 0.252 (0.32) -2.539 (-1.23) 0.675 (0.94) 0.046** (2.12) -0.638* (-1.89) 0.570 (1.13) -0.276 (-0.48) 1.953* (1.88) -0.185 (-0.62) Capital Str. 0.301** (2.19) 0.061 (0.16) -0.452 (-0.79) 0.011 (1.17) -2.429** (-2.04) 9.329** (2.35) -0.474 (-0.52) 2.357 (0.73) 0.161 (0.17) -0.059* (-1.92) 1.283** (1.98) -1.825* (-1.76) -0.053 (-0.07) -2.758 (-1.31) 0.602 (1.30) 303 6.0% Yes 298 9.9% Yes Capex 0.393*** (2.91) -0.055 (-0.15) -0.451 (-0.77) 0.005 (0.47) -2.823** (-2.43) 8.002** (2.15) -1.196 (-1.14) 4.306 (1.42) 0.335 (0.33) -0.051* (-1.64) 1.033 (1.53) -1.109 (-1.19) 0.265 (0.28) -2.270 (-1.19) 0.256 (0.54) 300 9.3% Yes 56 M&A 0.558*** (2.77) 0.206 (0.50) -0.128 (-0.17) -0.093 (-1.44) -4.832*** (-3.18) 9.231** (2.07) -2.044 (-1.50) 4.908 (1.15) 0.495 (0.43) -0.092** (-2.26) 1.810** (2.16) -2.374** (-2.30) 0.585 (0.61) -4.334 (-1.57) 0.147 (0.29) 303 18.9% Yes Statutory Tax Rate (STR) Capital Str. 0.214** (2.14) 0.272 (0.95) -0.317 (-0.79) -0.003 (-0.41) 0.601 (1.12) 4.344* (1.71) -0.720 (-0.89) 1.113 (0.48) -0.267 (-0.36) -0.033* (-1.70) 0.044 (0.13) 0.370 (0.65) 0.389 (0.71) -0.590 (-1.08) -0.164 (-0.56) Capex 0.113 (1.15) 0.147 (0.60) -0.143 (-0.42) -0.003 (-0.54) 1.441** (2.55) 2.387 (0.96) -0.382 (-0.54) 1.627 (0.83) -0.887 (-1.24) -0.038* (-1.81) -0.037 (-0.11) -0.390 (-0.74) 0.431 (0.83) -0.663 (-1.25) -0.088 (-0.32) M&A -0.004 (-0.04) 0.093 (0.35) -0.286 (-0.78) 0.001 (0.16) 0.884 (1.51) 4.699 (1.46) 0.301 (0.41) 2.055 (1.06) -0.705 (-1.00) -0.026 (-1.23) 0.452 (1.43) -0.175 (-0.36) 0.174 (0.33) -0.915 (-1.23) 0.095 (0.34) 298 3.4% Yes 300 4.3% Yes 303 3.6% Yes Notes: This table presents the results from logistic regressions where the dependent variable is an indicator variable constructed based responses to our survey questions and the independent variables are firm characteristics. Panel A presents result from our entire sample of (public and private) firms and thus the independent variables include only those constructed from our survey instrument. Panel B presents data from our sample of public firms and the independent variables include those constructed from our survey instrument as well as those constructed from Compustat, I/B/E/S, and Thomson Reuters. All the independent variables are defined in the Appendix. The standard errors in the above regressions are clustered at the industry-level. ***, **, * signifies statistical significance at the two-tailed 1%, 5%, and 10% levels. 57 Table 6 Analyses of Capital Structure Decisions Panel A: Descriptive Statistics of the Variables Used in the Regression Variable N Mean SD P25 P50 P75 Debt Kink (JG) 450 3.856 3.257 1.200 3.000 6.000 Debt Kink (BCG) 450 2.071 2.343 0.400 1.200 3.000 MTR - GAAP ETR (JG) 450 -0.021 0.106 -0.051 -0.023 0.019 MTR - GAAP ETR (BCG) 450 -0.011 0.084 -0.056 -0.030 0.010 Log(Assets) 450 7.115 1.364 6.088 6.983 7.930 Tobin's Q 450 1.767 1.317 0.912 1.356 2.290 Sales Growth 450 0.136 0.156 0.037 0.108 0.194 CFO 450 0.029 0.016 0.017 0.028 0.039 PPE 450 0.290 0.190 0.143 0.241 0.392 Capital Expenditures 450 0.015 0.010 0.008 0.013 0.021 R&D Expenditures 450 0.003 0.007 0.000 0.000 0.002 Acquisition Expenditures 450 0.009 0.016 0.000 0.001 0.011 Leverage 450 0.226 0.144 0.120 0.229 0.338 Credit Rating Dummy 450 0.456 0.499 0.000 0.000 1.000 Z-Score 450 2.040 0.933 1.367 1.943 2.752 Dividend Dummy 450 0.556 0.497 0.000 1.000 1.000 Foreign Income 450 0.013 0.026 0.000 0.000 0.014 NOL Dummy 450 0.287 0.453 0.000 0.000 1.000 58 Table 6 (continued) Analyses of Capital Structure Decisions Panel B: Regression Results Debt Kink Dependent Variable: Graham/Shevlin Method of Simulating MTRs: Pr. Sign MTR - GAAP ETR + Coefficient t -Statistic Blouin, Core, and Guay (2010) Coefficient t -Statistic 1.805 ** 1.69 2.818 ** 2.20 Log(Assets) 0.855 *** 4.02 0.624 *** 3.36 Tobin's Q 0.289 * 1.82 0.154 1.11 Sales Growth 0.784 1.01 0.426 0.63 CFO 34.345 *** 4.25 12.091 * 1.70 PPE 1.042 0.47 -0.725 -0.37 Capital Expenditures 42.150 ** 2.21 38.279 ** 2.29 R&D Expenditures -85.796 ** -2.01 -4.872 -0.13 Acquisition Expenditures 18.510 *** 2.82 2.713 0.47 Leverage -5.488 *** -4.07 -4.374 *** -3.72 Credit Rating Dummy -0.127 -0.26 -0.358 -0.84 Z-Score 0.029 0.10 0.442 * 1.77 Dividend Dummy -0.960 ** -2.09 0.103 0.26 Foreign Income 0.687 0.09 16.765 ** 2.38 NOL Dummy -0.392 -1.31 -0.143 -0.55 450 450 70.0% 55.5% S.E. Clustered by Firm Yes Yes Year & Industry Fixed Effects Yes Yes N Adjusted R-Squared Notes: Panel (A) B in this table presents the results from (descriptive statistics of the variables used in) a regression of the Debt Kink, which measures the conservativeness of a firm’s debt policy, on the difference firm’s MTR and its GAAP ETR, and control variables. The sample is comprised of firms that say they use their GAAP ETR as the tax rate input for capital structure decisions. The regressions include both year and industry fixed effects and the standard errors are clustered at the firm-level. ***, **, * signifies statistical significance at the two-tailed (one-tailed) 1%, 5%, and 10% levels (for the coefficients of interest in the highlighted row). All the variables are defined in the Appendix. 59 Table 7 Economic Magnitude of Capital Structure Effects Panel A: Descriptive Statistics of the Variables Used in the Analyses Variable N Mean SD P25 P50 P75 Equilibrium Factor 440 1.462 1.344 0.736 1.102 1.704 Total Deadweight Loss 440 0.011 0.015 0.001 0.004 0.013 MTR - GAAP ETR 440 -0.018 0.098 -0.050 -0.025 0.015 |MTR - GAAP ETR| 440 0.077 0.093 0.023 0.040 0.078 HP Fin. Constraints Indicator 440 0.434 0.496 0.000 0.000 1.000 BGY Fin. Constraints Indicator 440 0.216 0.412 0.000 0.000 0.000 Non-Distress Indicator 440 0.584 0.493 0.000 1.000 1.000 Panel B: Univariate Analyses MTR - GAAP ETR Quartile Ranks 1 2 3 4 Equilibrium Factor MTR - GAAP ETR Mean -0.11 -0.03 0.02 0.16 Mean 1.10 1.52 1.49 2.10 Median 0.90 1.16 1.21 1.58 Panel C: Regression Results with Equilibrium Leverage as Dependent Variable Equlibrium Factor Dependent Variable: MTR - GAAP ETR HP Fin. Constraints Indicator BGY Fin. Constraints Indicator Non-Distress Indicator Pr. Sign + Coefficient 1.427 ** t -Statistic 1.71 t -Statistic 2.06 -1.00 1.89 0.63 440 440 49.0% Yes Yes 50.2% Yes Yes N Adjusted R-Squared S.E. Clustered by Firm Year & Industry Fixed Effects Coefficient 1.753 ** -0.351 0.309 * 0.142 60 Table 7 (continued) Economic Magnitude of Capital Structure Effects Panel D: Regression Results with Deadweight Cost of Being Under- or Over-Levered as Dependent Variable Total Deadweight Loss Dependent Variable: |MTR - GAAP ETR| HP Fin. Constraints Indicator BGY Fin. Constraints Indicator Non-Distress Indicator Pr. Sign + Coefficient 0.037 *** t -Statistic 3.42 t -Statistic 3.39 -0.27 0.71 0.99 440 440 51.7% Yes Yes 51.7% Yes Yes N Adjusted R-Squared S.E. Clustered by Firm Year & Industry Fixed Effects Coefficient 0.038 *** -0.001 0.001 0.002 Notes: This table examines the economic cost of being sub-optimally levered from using the GAAP ETR in place of the MTR. Panel A presents the descriptive statistics of the variables used in analyses in the later panels. Panel B presents the univariate analyses of the economic magnitudes and Panels C and D present the regression results. Equilibrium Factor is defined as the intersection of the marginal benefit of debt and marginal cost of debt curves. If Equilibrium Factor = 1, the firm's equilibrium leverage is 100% of its actual (i.e., firm is at equilibrium). If Equilibrium Factor = 1.2, the firm should have 120% of its actual leverage (i.e., firm is underlevered). If Equilibrium Factor = 0.8, the firm should have 80% of its actual leverage (firm is overlevered). Total Deadweight Loss is the loss in firm value from being either underlevered or overlevered (see Figure 2). HP Fin. Constraints Indicator is indicator variable for firms in the top tercile of the yearly size-age index developed by Hadlock and Pierce (2010). BGY Fin. Constraints Indicator is an indicator variable for firm-years in the bottom two terciles of all of the following variables: long-term debt issuance, long-term debt reduction, equity issuance, and equity reduction. This variable follows from van Binsbergen, Graham, and Yang (2010). Non-Distress Indicator is an indicator variable for firm-years in the top tercile of the zscore distribution (following van Binsbergen, Graham, and Yang (2010)). The sample comprises of firms that say they use their GAAP ETR as the tax rate input for capital structure decisions. The regressions include both year and industry fixed effects and the standard errors are clustered at the firm-level. ***, **, * signifies statistical significance at the two-tailed (one-tailed) 1%, 5%, and 10% levels (for the coefficients of interest in the highlighted row). All the variables are defined in the Appendix. 61 Table 8 Analyses of Capital Investment Decisions Panel A: Descriptive Statistics of the Variables Used in the Regression Variable N Mean SD P25 P50 P75 Capital Expenditures 648 0.088 0.092 0.027 0.058 0.111 |MTR A.I. - GAAP ETR| (JG) 461 0.151 0.211 0.028 0.052 0.255 |MTR A.I. - GAAP ETR| (BCG) 648 0.106 0.196 0.032 0.057 0.100 Tobin's Q 648 1.753 1.233 0.916 1.354 2.295 Sales Growth 601 0.190 0.259 0.040 0.147 0.267 CFO 648 0.139 0.112 0.072 0.127 0.200 Panel B: Regression Results Capital Expenditure Dependent Variable: Investment Opportunities (INV_OPP) Proxy: Method of Simulating MTRs: INV_OPP |MTR A.I. - GAAP ETR| |MTR A.I. - GAAP ETR| × INV_OPP CFO N Tobin's Q Tobin's Q Graham/Shevlin Blouin, Core & Guay (2010) Pr. Sign Coefficient t -Statistic Coefficient t -Statistic 0.019 *** 3.63 0.016 *** 3.48 0.025 ** 1.97 0.011 1.33 + -0.019 *** -3.99 -0.006 *** -2.54 0.186 *** 2.82 0.156 *** 3.48 Sales Growth Sales Growth Graham/Shevlin Blouin, Core & Guay (2010) Coefficient t -Statistic Coefficient t -Statistic 0.062 ** 2.55 0.033 * 1.81 0.018 1.58 0.005 0.54 -0.118 ** -1.99 -0.020 * -1.57 0.244 *** 4.19 0.683 *** 3.63 461 648 435 630 65.4% 71.2% 65.1% 67.2% S.E. Clustered by Firm Yes Yes Yes Yes Year & Industry Fixed Effects Yes Yes Yes Yes Adjusted R-Squared Notes: Panel (A) B in this table presents the results from (descriptive statistics of the variables used in) a regression of investment on investment opportunities, the difference between a firm’s MTR and its GAAP ETR, an interaction between the two variables, and cash flows. The sample comprises of firms that say they use their GAAP ETR as the tax rate input for capital expenditure decisions. The regressions include both year and industry fixed effects and the standard errors are clustered at the firm-level. ***, **, * signifies statistical significance at the two-tailed (one-tailed) 1%, 5%, and 10% levels (for the coefficients of interest in the highlighted row). All the variables are defined in the Appendix. 62 Table 9 Analyses of M&A Decisions Panel A: Descriptive Statistics of the Variables Used in the Regression Variable N Mean SD P25 P50 P75 Acquisition Announcement Returns 381 0.008 0.050 -0.022 0.006 0.037 |MTR A.I. - GAAP ETR| (JG) 307 0.107 0.137 0.019 0.035 0.128 |MTR A.I. - GAAP ETR| (BCG) 381 0.066 0.075 0.019 0.040 0.080 Pre-Acquisition Return Run Up 381 -0.064 0.411 -0.326 -0.082 0.185 Log(Assets) 381 7.442 1.573 6.239 6.912 8.831 Tobin's Q 381 2.777 2.517 1.227 1.740 2.955 Leverage 381 0.146 0.197 0.002 0.070 0.202 Cash Acquisition 381 0.193 0.206 0.033 0.101 0.254 Diversifying Acquisition 381 0.475 0.500 0.000 0.000 1.000 Public Target 381 0.433 0.496 0.000 0.000 1.000 Foreign Acquisition 381 0.223 0.417 0.000 0.000 0.000 Relative Value of Target 381 0.058 0.072 0.008 0.032 0.074 No. of Bidders 381 1.000 0.000 1.000 1.000 1.000 63 Table 9 (continued) Analyses of M&A Decisions Panel B: Regression Results Acquisition Announcement Returns Dependent Variable: Graham/Shevlin Method of Simulating MTRs: Pr. Sign |MTR A.I. - GAAP ETR| - Coefficient t -Statistic Blouin, Core, and Guay (2010) Coefficient t -Statistic -0.103 ** -2.01 -0.079 *** -2.51 Pre-Acquisition Return Run Up -0.003 -0.35 -0.007 -0.83 Log(Assets) -0.013 -0.92 -0.012 ** -2.07 Tobin's Q 0.003 ** 1.96 0.003 * 1.84 Leverage 0.028 0.88 0.033 * 1.72 Cash Acquisition -0.106 -0.81 -0.044 -0.78 Diversifying Acquisition -0.009 -1.12 -0.007 -0.86 Public Target -0.004 -0.40 -0.006 -0.72 Foreign Acquisition 0.007 1.04 0.011 1.52 Relative Value of Target 0.028 0.47 0.010 0.16 No. of Bidders 0.008 0.23 0.002 0.07 307 381 Adjusted R-Squared 0.5% 1.8% S.E. Clustered by Firm Yes Yes Year & Industry Fixed Effects Yes Yes N Notes: Panel (A) B in this table presents the results from (descriptive statistics of the variables used in) a regression of acquisition announcement returns on the difference between a firm’s MTR and its GAAP ETR and control variables. The sample comprises of firms that say they use their GAAP ETR as the tax rate input for acquisition decisions. The regressions include both year and industry fixed effects and the standard errors are clustered at the firm-level. ***, **, * signifies statistical significance at the two-tailed (one-tailed) 1%, 5%, and 10% levels (for the coefficients of interest in the highlighted row). All the variables are defined in the Appendix. 64 Table 10 Falsification Tests Panel A: Descriptive Statistics of the Variables Used in the Regressions Variable Variable Used in the Kink Analyses Debt Kink (JG) Debt Kink (BCG) MTR - GAAP ETR (JG) MTR - GAAP ETR (BCG) Log(Assets) Tobin's Q Sales Growth CFO PPE Capital Expenditures R&D Expenditures Acquisition Expenditures Leverage Credit Rating Dummy Z-Score Dividend Dummy Foreign Income NOL Dummy N Mean SD P25 P50 P75 211 211 211 211 211 211 211 211 211 211 211 211 211 211 211 211 211 211 4.016 2.105 -0.015 -0.001 7.683 1.567 0.106 0.029 0.300 0.013 0.007 0.008 0.250 0.668 1.548 0.573 0.017 0.365 3.373 2.447 0.113 0.089 1.526 1.024 0.145 0.016 0.191 0.008 0.010 0.016 0.137 0.472 0.609 0.496 0.031 0.483 1.600 0.400 -0.052 -0.053 6.446 0.867 0.016 0.017 0.148 0.007 0.000 0.000 0.143 0.000 1.052 0.000 0.000 0.000 3.000 1.200 -0.005 -0.014 7.327 1.153 0.072 0.027 0.241 0.011 0.002 0.000 0.247 1.000 1.639 1.000 0.000 0.000 6.000 3.000 0.059 0.055 8.622 1.991 0.149 0.039 0.397 0.017 0.011 0.005 0.348 1.000 2.007 1.000 0.021 1.000 Variable Used in the Investment Sensitivity Analyses Capital Expenditures |MTR A.I. - GAAP ETR| (JG) |MTR A.I. - GAAP ETR| (BCG) Tobin's Q Sales Growth CFO 346 243 346 346 310 346 0.061 0.153 0.096 1.681 0.135 0.127 0.060 0.199 0.176 1.332 0.236 0.092 0.025 0.032 0.027 0.866 0.019 0.070 0.044 0.066 0.054 1.206 0.078 0.116 0.077 0.226 0.098 1.907 0.175 0.174 157 130 157 157 157 157 157 157 157 157 157 157 157 0.007 0.123 0.080 -0.070 7.727 2.336 0.140 0.137 0.510 0.497 0.159 0.074 1.000 0.043 0.122 0.082 0.376 1.737 1.392 0.179 0.141 0.502 0.502 0.367 0.092 0.000 -0.013 0.042 0.030 -0.357 6.256 1.316 0.021 0.026 0.000 0.000 0.000 0.007 1.000 0.003 0.068 0.054 -0.055 7.136 1.738 0.058 0.098 1.000 0.000 0.000 0.031 1.000 0.031 0.114 0.076 0.138 9.693 3.234 0.229 0.198 1.000 1.000 0.000 0.102 1.000 Variable Used in the M&A Analyses Acquisition Announcement Ret. |MTR A.I. - GAAP ETR| (JG) |MTR A.I. - GAAP ETR| (BCG) Pre-Acquisition Return Run Up Log(Assets) Tobin's Q Leverage Cash Acquisition Diversifying Acquisition Public Target Foreign Acquisition Relative Value of Target No. of Bidders 65 Table 10 (continued) Falsification Tests Panel A: Analyses of Capital Structure Decisions for Firms using MTRs for Decision Making Debt Kink Dependent Variable: Graham/Shevlin Method of Simulating MTRs: Coefficient t -Statistic Blouin, Core & Guay (2010) Coefficient t -Statistic MTR - GAAP ETR -0.541 -0.39 2.107 1.12 Log(Assets) -0.130 -0.23 -1.115 ** -1.96 Tobin's Q 0.409 * 1.64 1.110 *** 4.45 Sales Growth 0.069 0.06 -0.043 -0.04 CFO 34.796 ** 2.47 13.106 0.93 PPE -6.355 ** -2.10 -5.470 * -1.81 Capital Expenditures 10.192 0.39 -5.737 -0.22 R&D Expenditures 19.024 0.30 -45.081 -0.71 Acquisition Expenditures 1.948 0.18 5.945 0.55 Leverage -5.900 *** -2.67 -2.383 -1.08 Credit Rating Dummy -0.709 -0.92 -0.169 -0.22 Z-Score -0.398 -0.56 1.334 * 1.86 Dividend Dummy 0.225 0.31 -0.286 -0.39 Foreign Income 3.467 0.45 1.777 0.23 NOL Dummy -0.644 * -1.35 -0.377 -0.80 211 211 79.9% 62.0% S.E. Clustered by Firm Yes Yes Year & Industry Fixed Effects Yes Yes N Adjusted R-Squared 66 Table 10 (continued) Falsification Tests Panel B: Analyses of Capital Investment Decisions for Firms using MTRs for Decision Making Capital Expenditure Dependent Variable: Tobin's Q Tobin's Q Sales Growth Sales Growth Graham/Shevlin Coefficient t -Statistic 0.013 *** 2.62 -0.016 -1.34 0.003 0.33 0.060 1.23 Blouin, Core & Guay (2010) Coefficient t -Statistic 0.009 ** 2.34 -0.007 -0.61 0.008 0.83 0.145 ** 2.00 Graham/Shevlin Coefficient t -Statistic 0.013 0.38 -0.011 -0.85 0.089 1.23 -0.022 -0.21 Blouin, Core & Guay (2010) Coefficient t -Statistic 0.045 1.37 -0.003 -0.19 -0.030 -0.20 0.155 1.62 243 346 223 311 69.9% 66.5% 36.2% 49.6% S.E. Clustered by Firm Yes Yes Yes Yes Year & Industry Fixed Effects Yes Yes Yes Yes Investment Opportunities (INV_OPP) Proxy: Method of Simulating MTRs: INV_OPP |MTR A.I. - GAAP ETR| |MTR A.I. - GAAP ETR| × INV_OPP CFO N Adjusted R-Squared 67 Table 10 (continued) Falsification Tests Panel C: Analyses of M&A Decisions for Firms using MTRs for Decision Making Acquisition Announcement Returns Dependent Variable: Method of Simulating MTRs: Graham/Shevlin Coefficient t -Statistic Blouin, Core & Guay (2010) Coefficient t -Statistic |MTR A.I. - GAAP ETR| -0.016 -0.31 0.016 0.54 Pre-Acquisition Return Run Up -0.016 ** -2.52 -0.002 -0.21 Log Assets 0.001 0.09 -0.006 -1.26 Tobin's Q 0.018 * 1.74 0.012 ** 1.98 Leverage 0.090 1.13 0.018 0.37 Cash Acquisition -0.055 -0.64 -0.023 -0.52 Diversifying Acquisition -0.010 -1.04 -0.006 -0.54 Public Target -0.019 -0.97 -0.001 -0.07 Foreign Acquisition -0.018 * -1.76 -0.006 -0.62 Relative Value of Target -0.082 ** -2.36 -0.039 -0.73 No. of Bidders -0.111 *** -8.63 -0.118 *** -8.66 N 130 157 19.9% 13.7% S.E. Clustered by Firm Yes Yes Year & Industry Fixed Effects Yes Yes Adjusted R-Squared Notes: The sample in this table is comprised of firms that use the MTR for decision-making. Panel A in this table presents the descriptive statistics of the variables used in the regressions presented in Panels B, C, and D. Panel B presents the results from a regression of the Debt Kink, which measures the conservativeness of a firm’s debt policy, on the difference firm’s MTR and its GAAP ETR, and control variables. Panel C presents the results from a regression of investment on investment opportunities, the difference between a firm’s MTR and its GAAP ETR, an interaction between the two variables, and cash flows. Panel D presents the results from a regression of acquisition announcement returns on the difference between a firm’s MTR and its GAAP ETR and control variables. The sample in Panel B (C, D) comprises of firms that say they use their MTR as the tax rate input for capital structure (capital expenditure, acquisition) decisions. All regressions include both year and industry fixed effects and the standard errors are clustered at the firm-level. ***, **, * signifies statistical significance at the two-tailed 1%, 5%, and 10% levels. All the variables are defined in the Appendix. 68
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