* Income smoothing with unlimited liability firms Jochen Bigus**, Nadine Georgiou and Philipp Schorn Abstract We analyze income smoothing in private small and medium-sized enterprises (SMEs) in Germany using a unique database of the German central bank containing around 18,000 firm-year observations. Due to reduced agency problems of debt, we expect and find that unlimited liability firms (sole proprietors, partnerships) have less need to disclose stable net income than limited liability firms (corporations). Income smoothing with unlimited liability firms is approximately 20% to 30% lower. Further, we expect and find that unlimited liability firms have stronger incentives to smooth income for tax reasons. Income smoothing significantly increases with bank debt, but only in corporations. To sum up, income smoothing of private firms is not homogeneous but is significantly affected by the legal status and its various motives including information provision, contracting and tax reduction. Keywords: Unlimited liability firms, private firms, income smoothing, taxes and financial accounting, debt and financial accounting JEL: M41, G32, G35, K34 * We thank the research center of the Deutsche Bundesbank, especially Dr. Liebig and Dr. Heid, for giving us access to the Bilanzdatenbank and Dr. Stein and Dr. Memmel (both from the Deutsche Bundesbank) for the valuable advice they provided on how to use it. We thank Hans B. Christensen (Chicago), Harris Dellas (Bern), Joachim Gassen (Humboldt, Berlin), Al Ghosh (Baruch College, New York), Igor Goncharov (WHU Vallendar), Urska Kosi (Humboldt, Berlin), Jörg Werner (Frankfurt), and seminar participants at the European Accounting Association Conference, Rome 2011; the EUFIN Conference, Bamberg 2011;the IAAER Conference, Eschborn 2013; and those at the universities of Bern, Humboldt (Berlin), Leipzig and Leuven for their valuable comments. **Corresponding author: Jochen Bigus, Freie Universität Berlin, Garystraße 21, 14195 Berlin, Germany, [email protected]; T: +49-30-83852509, F: +49-30-838455113. Nadine Georgiou is at Freie Universität Berlin; Philipp Schorn is at Rhine-Waal University of Applied Sciences, Germany. 1 1 Introduction The literature on the determinants of income smoothing includes many factors such as increasing manager wealth, reducing information uncertainty, decreasing agency costs, lowering cost of debt, decreasing taxes and addressing manager and shareholder risk aversion (Grant et al. 2009; Gassen et al. 2006). With private firms, cost of debt, taxes and shareholder risk-aversion are important issues: Private firms do not have access to public equity markets and have few and suboptimally diversified shareholders, and they often provide single accounts for both financial and tax accounting. Income smoothing is a suitable accounting device to simultaneously address all three issues: tax reduction, information provision to creditors and contracting with creditors and shareholders. This paper looks at income smoothing of private firms in detail. We do this for two reasons. First, there is virtually no literature that addresses income smoothing in private firms at the firm level. Second and more importantly, we want to go deeper and investigate the question of whether private unlimited liability firms, such as (sole) proprietorships and partnerships, have different incentives to smooth income than private limited liability firms (corporations) do. Even though unlimited liability firms account for a large proportion of all firms (USA: 53%, UK: 73%, Germany: 75%),2 virtually no accounting research has been conducted on this type of firm. We investigate the link between unlimited liability and income smoothing incentives for a unique dataset of German private firms. We expect unlimited liability firms to have different needs to smooth income than do corporations for three reasons. First, due to unlimited liability and the fact that owners are at risk of losing virtually all their fortune, agency problems of debt are less severe, such that there is less need to smooth income in order to signal low default risk to creditors (Trueman and Titman 1988; Tucker and Zarowin 2006; Gassen et al. 2006). For the same reason, there is less need to write debt contracts based on accounting data, e.g. covenants on debt to EBIT/EBITDA or interest coverage (Dichev and Skinner 2002; Nikolaev 2010; Christensen and Nikolaev 2012). The latter argument especially refers to contracts with banks, which are considered experts in writing and enforcing covenants with private firms 2 See Mach and Wolken (2006), BIS (2011) and Statistisches Bundesamt (2009) (German Statistics Agency) respectively. 2 (Berger and Udell 1995; Boot 2000; Elsas 2005). Second, according to German company law, payouts to owners of unlimited liability firms might exceed net income, which is not allowed for corporations. Given that owners are risk-averse, corporations have a stronger incentive to smooth income in order to smooth dividend pay-outs. The first argument addresses the information and contracting role of accounting in debt financing; the second argument stresses the role of financial accounting in determining shareholders’ dividends. The third argument is related to taxes: Because owners of unlimited liability firms often invest a large part of their fortune in the firm, they have limited opportunities to influence personal taxable income by other income sources. Further, German unlimited liability firms must not separate ownership and control whereas separation is possible and more common with corporations. Professional managers are supposed to pursue their own goals with financial accounting and thus might be less interested in tax management than owner-managers. As a result, we expect that unlimited liability firms have stronger incentives to decrease expected tax payments by income smoothing. We obtain the following results. The total level of income smoothing is about 20% to 30% lower with unlimited liability firms than with corporations controlling for size, leverage, profitability, growth, riskiness, industry and year effects. Income smoothing is positively associated with tax avoidance incentives, the association being stronger with unlimited liability firms. Income smoothing significantly increases with bank debt, but only in corporations. These results are robust to several modifications of the econometric model that address, for instance, different measures of income smoothing, cross-sectional dependence and potential endogeneity problems. We use a unique database run by the German central bank (Deutsche Bundesbank). This database contains standardized non-consolidated financial statements of private German firms that sold bills of exchange to commercial banks. These commercial banks then proceed to sell the bills to the Deutsche Bundesbank. Since the firms were obligors, the Deutsche Bundesbank asked for financial accounting data prior to buying the bills, even for unlimited liability firms. Because German company law does not generally require unlimited liability firms to disclose their financial statements, this is the only comprehensive database containing reliable financial accounting data of German unlimited liability firms. 3 Since unlimited firms are relatively small but corporations can be large, we limit our analysis to small and medium-sized firms (SMEs). This allows us to better separate the differences in liability status from differences in size and agency problems related to size. With larger firms, agency problems of equity due to the separation of ownership and control become more pronounced, and financial accounting choices are likely to be significantly affected by them. Our definition of SMEs is based on that given by the European Commission. A firm qualifies as a SME if it has fewer than 250 employees and, additionally, if sales are below €40 million and/or if total assets do not exceed €27 million (European Commission 1996, 2003). Our final sample consists of 17,982 firm-year observations on SMEs for the time period 1996-2004, 6,451 of which relate to unlimited liability firms. There are several contributions to the literature. First and most importantly, to our knowledge this is the first study that explicitly focuses on income smoothing in unlimited liability firms. In doing so, it contributes to the small amount of literature on income smoothing in private firms. Gassen and Fülbier (2010) find for a large sample of European private firms that income smoothing depends on firm-level and country-level determinants. At the firm level, income smoothing increases with debt financing and with tax-book-conformity. They do not explicitly consider the liability status, though, and neither do they address the question as to how its interaction with tax saving incentives and different forms of debt financing affects income smoothing. Burgstahler et al. (2006) analyze the institutional drivers of earnings management including income smoothing for public and private firms at a country-industrylevel. Van Tendeloo and Vanstrealen (2008) find that private firms with Big4 auditors show lower levels of earnings management and also lower levels of income smoothing. Other papers dealing with private firms focus on other financial accounting patterns.3 Ball and Shivakumar (2005) find that private firms in the UK show significant lower levels of conditional conservatism than public firms. Goncharov and Zimmermann (2006, 2007) look at the incentives of Russian private and public firms to reduce earnings and to avoid losses in order to save tax payments without deterring lenders. Peek et al. (2010) find that asymmetry in earnings timeliness becomes more important for public firms than 3 Coppens and Peek (2005) find that private firms avoid losses less often in countries with high financial and tax accounting alignment (e.g. Belgium, France, Germany, Italy). Garrod et al. (2008) show that more profitable and larger private firms are more likely to write-off. 4 for private firms in countries with a higher degree of creditor protection. To sum up, the general notion is that there is more earnings management in private firms than in public firms and that these differences are related to institutional, country-specific factors (e.g., tax-book conformity, investor and creditor protection, rule of law). In contrast, we keep the institutional setting constant and provide a “micro-analysis” within the group of private firms. Further, since agency problems of equity are supposedly less pronounced in our sample we believe that income smoothing is not an earnings management device. Rather, income smoothing might be an efficient tool to simultaneously address information and contracting needs in debt financing, to address shareholder risk aversion and to reduce taxes. Second, we are able to disentangle the driving forces of income smoothing dependent on the private firm’s legal status. Corporations generally smooth income more than unlimited liability firms do. Tax avoiding incentives matter but more so for unlimited liability firms. Bank financing is positively associated with income smoothing, but for corporations only. In contrast, with other forms of debt financing we do not find differences. Hence, we also provide a more detailed understanding of the relationship between different forms of private debt and income smoothing. There is a large body of literature addressing income smoothing with publicly listed firms. In contrast to many private firms, ownership and control are separated with public firms and information asymmetries between managers and (minority) shareholders are much more pronounced. Consequently, there is a well-developed literature suggesting that income smoothing serves managers (and/or controlling shareholders) by masking the expropriation of (minority) shareholders, especially within a weak governance setting (DeFond and Park 1997; Leuz et al. 2003; LaFond et al. 2007; Huang et al. 2009), or by masking the underlying risk of the firm (Grant et al. 2009). On the other hand, income smoothing is found to signal managers’ private information on future earnings (Trueman and Titman 1988; Tucker and Zarowin 2006) which tends to reduce information uncertainty in stock markets (Bowen et al. 2008; Chen 2012, more critically; Jayaraman 2008) and bond markets (Gu and Zhao 2006; Soderstrom et al. 2012). 5 There is much less work for public firms on the relationship between income smoothing and private debt, between income smoothing and tax incentives or between income smoothing and shareholder risk aversion. These are issues which are important for private firms but are certainly less relevant for public firms because the latter have access to the organized capital market and their shareholders are easily able to diversify. Moreover, the financial statement of public firms is only mildly influenced, if at all, by tax considerations since they use a tax statement for this purpose. There are papers acknowledging that publicly listed firms’ level of income smoothing is also affected by the country’s level of tax-book-conformity (LaFond et al. 2007; Burgstahler et al. 2006); however, evidence on the firm level is scarce. With regard to private debt, Amiran and Owens (2012) find that income smoothing decreases (increases) the public firm’s cost of private debt in countries with a strong (weak) governance setting. Abdel-Khalik (2007) shows that income smoothing increases with CEO risk aversion as measured by CEO wealth and the risky component of CEO compensation. We were unable to find any empirical work addressing shareholder risk aversion. Our findings relate to corporations and unlimited liability firms in Germany. Since the basic agency problems of limited and unlimited liability firms should not differ across countries, we expect that corporations smooth income more in other countries as well. The country-specific regulatory environment as well as the corporate governance and financing patterns may affect other variables though. For instance, we would expect less pronounced results where payouts to shareholders do not depend on the firm’s legal status, as is the case in some (but not all) US states. We would also expect less pronounced results in countries with weaker tax-book-conformity and where private firms rely to a lesser extent on bank financing and more on internal or equity financing. Bank debt is quite important to SMEs in Germany (Agarwal and Elston 2001; Franks and Mayer 1998) and also to SMEs in the USA (Berger and Udell 1998). Our study suggests that private firms are not homogeneous, which is reflected in their accounting choices. Moreover, it is important to note that the financial statement of private firms does not only serve to reduce information uncertainty but needs to address several, sometimes even conflicting, goals. Consequently, one may ask whether the regulators’ efforts to make financial reporting of private firms more informative (e.g., IASB, 2009) makes it more difficult to pursue the other goals. 6 The paper is organized as follows. Section 2 reviews the literature in more detail and develops the hypotheses. Section 3 provides a description of the data and methodology used. Section 4 presents the results of the regression analyses on income smoothing and section 5 concludes. 2 Literature review and hypotheses 2.1 Unlimited liability, income smoothing, and payouts to shareholders Theoretical background. Risk-averse shareholders prefer to reduce the volatility of the net income stream (Ronen and Yaari 2008; Gassen et al. 2006) if two conditions hold: First, that the shareholders find it difficult to perfectly diversify risk and second, that dividends must be tied to earnings. The former condition is usually met with private firms because the equity market is not perfect there and the transaction costs in trading shares of private firms are substantial. Whether the latter condition holds depends on the legal setting. According to German company law, dividends paid out by corporations must not exceed the accumulated net income (Sections 58, 150 Aktiengesetz and Section 29 GmbH-Gesetz). However, manager-owners of unlimited liability firms are allowed to distribute more than net income (Section 122 Handelsgesetzbuch). Prior empirical findings. To the best of our knowledge, there is no evidence on the relationship between shareholder risk aversion and income smoothing. Abdel-Khalik (2007) shows for a sample of US public firms that income smoothing increases with CEO risk aversion as measured by CEO wealth and the risky component of CEO compensation. Similar to managers of publicly listed firms, shareholders of private firms suffer from imperfect risk diversification. Hypothesis. There is evidence that risk aversion induces incentives to smooth payouts. Thus, income smoothing matters if net income determines the pay-out to shareholders. In Germany, dividends are tied to net income in corporations, but less so in unlimited liability firms. 7 Hypothesis 1: Unlimited liability firms exhibit lower levels of income smoothing than firms with limited liability (corporations). 2.2 Unlimited liability, income smoothing, and bank financing Theoretical background. Income smoothing is beneficial when it conveys valuable information to banks on future performance (Ronen and Yaari 2008). Managers have private information on future earnings and income smoothing is considered a device to publicly disclose this information (Trueman and Titman 1988; Tucker and Zarowin 2006). To make signaling work, income smoothing must impose certain costs. Such costs could include the fact that early recognition of book income also causes early recognition of tax income (Dou et al. 2012). Further, there are effort costs related to the smoothing process itself and, potentially, in convincing the auditor that smoothing is in line with local standards. Effort costs are especially high in “bad” years, but might be worthwhile in order not to lose the reputation built up in the previous years. Reliable disclosure of private information might also include proprietary costs. In corporations, which can be run by professional managers, income smoothing might arise with the cost of reduced or delayed bonus compensation. Further, due to their concave pay-off function, creditors prefer a lower volatility of income since this reduces the probability of default. Creditors assess default risk based on both debt ratios and performance indicators (Christensen and Nikolaev 2012). Income smoothing reduces fluctuations in net income but may also reduce fluctuations in debt ratios. While these arguments are related to the information role, income smoothing also serves efficient debt contracting. With debt contracts, interest coverage (EBIT/interest expenses) and the ratio of debt to EBIT or to EBITDA are commonly used as accounting-based covenants (Nikolaev 2010: 146; Dichev and Skinner 2002: 1101). Covenant violations, such as on interest coverage, may trigger certain contractual rights to banks, for instance permitting them to require more collateral or a higher interest rate or even to recall the loan. Income smoothing helps to reduce the probability of accounting-based 8 covenants being violated. Usually, failure to meet the covenants triggers special rights to the lender which are costly to the firm, such as an increase in cost of debt or the provision of additional collateral. We expect that agency problems of debt are less severe with unlimited liability firms, because owners are at risk of losing virtually all their fortune. Consequently, there is less need to smooth income in order to signal low default risk to creditors. For the same reason, there is less need to write covenants. Thus, reduced agency problems of debt are another important argument as to why we would expect lower levels of income smoothing with unlimited liability firms (see Hypothesis 1). Prior empirical findings. Income smoothing tends to reduce information uncertainty in stock markets (Tucker and Zarowin 2006; Bowen et al. 2008; Chen 2012) and bond markets (Gu and Zhao 2006; Soderstrom et al. 2012). There are ambiguous results regarding the association between income smoothing and leverage: LaFond et al. (2007) find a positive association, Dou et al. (2012) report mainly negative associations. Amiran and Owens (2012) find that income smoothing decreases the public firm’s cost of private bank debt in countries with strong governance. In countries with weak contract enforceability Dou et al. (2012) show that income smoothing is more pronounced in industries with a greater need for relationship-specific investments by, for instance, suppliers. However, in Germany contract enforceability is considered to be strong. Gassen and Fülbier (2010) find a positive association between debt financing and income smoothing for private firms. We are not aware of any evidence regarding income smoothing which differentiates between bank debt and other forms of debt. There is evidence that bank debt is the single most important source of outside financing with small and medium-sized German firms (Elsas and Krahnen 2004). Further, banks are considered experts in writing and enforcing covenants with private firms (Berger and Udell 1995; Boot 2000; Elsas 2005). We are not aware of any evidence that other lenders use accounting-based covenants in debt contracting. Hypothesis: We think that in the context of bank financing the contracting role of income smoothing is more important for corporations than for unlimited liability firms. Owners who can be held liable for 9 their private assets should have stronger incentives to avoid default. This holds even if the private assets are small in size. The important fact is that owners are at risk of losing their entire private fortune. This threat may reduce agency problems of debt significantly, especially since there is evidence that an individual’s loss aversion increases with the size of loss relative to their total fortune (Holt and Laury 2002). Due to the bank’s access to private information, the information role is supposed to be less relevant. As a result, we believe that agency problems of debt and default risk are higher with corporations, such that there is a greater need for debt covenants and thus for income smoothing in order to avoid covenant violation. Because banks are experts in debt contracting we expect that income smoothing increases with bank debt, but that the relationship is stronger for corporations. Hypothesis 2: The association between income smoothing and bank financing is stronger for corporations than for unlimited liability firms. Debt financing. The information role and contracting aspect of income smoothing generally applies to all types of debt financing, not only to bank financing. Other debt mainly consists of trade credit, advanced payments and note payables.4 Suppliers may wish to see a stable income of the firm just as much as banks do. We are not aware, however, of any evidence of suppliers of SMEs systematically using financial reporting data for contracting purposes. In contrast to bank loans, suppliers’ claims are rather short term. Due to the fixed costs of contracting, it does not pay to set up contractual provisions if the claim size is too small. Thus, we do not necessarily expect differences related to liability status. In summary, we believe there may be an association between income smoothing and debt financing based on information aspects and to a lesser extent on contracting purposes. Since the contracting aspect matters less with debt financing than with bank financing, we may not find that debt financing 4 We do not consider provisions because they do not result from debt contracting. 10 affects income smoothing substantially differently with unlimited liability firms than with corporations. 2.3 Unlimited liability, income smoothing, and tax avoidance incentives Theoretical and legal background: From a tax perspective, income smoothing is beneficial when two conditions hold: first, when financial accounts are used for tax purposes and second, when income smoothing lowers the present value of tax payments. In Germany, tax accounts and financial accounts generally do not differ much. In fact, most private firms provide a single set of accounts. Owners of both corporations and unlimited liability firms are taxed on their personal income, including income generated from owning the firm. With low and medium levels of income, the tax rate increases with income. For sufficiently high levels of income, the tax rate becomes flat. Apparently, with low and medium income levels, there is a stronger incentive for income smoothing to decrease the average tax rate over time. With a flat tax rate there is generally no tax benefit from income smoothing because the average tax rate does not change and is already at the maximum.5 Thus, for sufficiently high levels of income, individuals have no incentive to smooth income over time whereas this may be the case for lower income levels. Rather than being affected by the legal status, a tax-based incentive on income smoothing may depend on (1) the actual net taxable income of the firm (2) the individual owner’s shares and (3) the other opportunities available to influence their personal taxable income. We are only able to observe the net income of the firm. We lack firm-specific 5 For instance, in 2000 the maximum marginal income tax rate was 51% with an income of about €60,000 or higher. For €30,000 it was 35%. The effective tax rates were 33.5% and 23.1% respectively. Assuming the “real” income is €0 and €60,000 in two subsequent years, implying a tax of €0 and €20,100, there is an incentive for income smoothing by “assigning” €30.000 to each year because the tax is €6,900 in each year and €13,800 in total. Note that smoothing does not pay with a “real” income distribution of, e.g., €200,000 and €400,000 (taxes: €91,474 and €193,474). Having an income of €300,000 in each year implies taxes of €142,474 in each year. 11 ownership and tax data. The German Statistics Agency states that the median number of owners with partnerships and limited partnerships is 2 and the mean is 2.4 and 4.4, respectively (Statistisches Bundesamt, 2012: 13). Moreover, about 90%-95% of partners’ individual taxable income is from the business activity; only a small part stems from other income sources (capital income, income from rents and leases etc., Statistisches Bundesamt, 2012: 20). We were unable to find ownership and tax data on the owners of corporations.6 We predict that income smoothing is positively associated with tax avoidance incentives, that is, with a sufficiently low net income of the firm. Prior empirical evidence. There is only limited evidence on the link between income smoothing and tax avoidance incentives. LaFond et al. (2007) and Burgstahler et al. (2006) report that publicly listed firms’ level of income smoothing is positively affected by the country’s level of tax-book-conformity (multiplied by the average country-specific corporate tax rate in Burgstahler et al. 2006); however, evidence at the firm level is scarce.7 Gassen and Fülbier (2010) find that consolidated statements of European private firms show lower levels of income smoothing than unconsolidated ones. Hypothesis. We expect that income smoothing generally increases with tax avoidance incentives. For two reasons, we expect tax avoidance incentives to matter more to unlimited liability firms than to corporations. First, since owners of unlimited liability firms receive about 90%-95% of their income from their business activity it may be reasonable to assume that they have limited opportunities to influence personal taxable income using other income sources. Second, unlimited liability German firms must be run by the shareholders. Corporations are more likely to be run by professional managers, who are supposed to be less interested in tax management. 6 The NSSBF database includes ownership data on US private firms (Mach and Wolken 2006: A171). The average number of owners is 1.2 and 2.9 with proprietorships and partnerships respectively; it is 2.0 and 10.2 with S corporations and C corporations respectively. 7 Unlike publicly listed firms, small and medium-sized private firms are less likely to have production facilities in many different countries. Consequently, tax management rather has to rely on income smoothing rather than on transfer pricing mechanisms. 12 Hypothesis 3: The association between income smoothing and tax avoidance incentives is stronger for unlimited liability firms than for corporations. 3 Data and research methodology 3.1 Data We use the database Unternehmensbilanzstatistik run by the Deutsche Bundesbank. This database contains financial accounting data, i.e. balance sheets and income statements with about 183,000 firmyear observations on SMEs for the fiscal years 1992 to 2004. We do not have complete financial accounting data for the years after 2004. We discounted financial institutions and firms with bonds outstanding in order to focus on private non-financial firms.8 We also discounted any firms that do not meet the definition of SMEs according to the European Commission (1996). In order to be able to compare the effects of legal status more effectively, we want unlimited and limited liability firms to differ not too much in size. Size affects financial accounting choices, not only directly but also indirectly since agency problems of equity tend to become more pronounced as size increases. According to the European Commission, a firm qualifies as a SME when it has fewer than 250 employees and when either sales are below €40 million and/or total assets do not exceed €27 million. In addition to the size criteria, a SME must be independent in the sense that no other firm holds more than 25% of the shares. Since we do not have any data on the shares and shareholders, we assumed dependence on another firm if at least one of the following criteria was met: (1) there is an obligation to provide consolidated statements (2) there is a contractual 8 Bonds outstanding are a balance sheet position. Unfortunately, we were unable to observe whether the firm’s shares are listed because the data is anonymous. However, listed firms in the time period investigated do not meet the size criteria of our SME definition, such that we are sure that there are no listed firms in our sample. 13 obligation to transfer losses or profits to another firm and (3) there are liabilities or financial claims with regard to group firms. The final sample of our study contains 17,982 observations. Most of the observations lost were due to our research design since the dependent variable (income smoothing) and independent variables are measured over a five-year horizon. We also had to exclude firms that changed legal status within this five-year period or where data on equity, sales or total assets were (partly) missing or had implausible negative values. In order to account for outliers, all variables are winsorized at the 1% and 99% percentiles. --insert Table 1 about here-- --insert Table 2 about here-- The database is unbalanced for three reasons. First, larger firms are likely to be overrepresented compared to the total population of German private firms. Second, the number of balance sheets decreases over time because financing via bills of exchange have declined in importance in recent years (see Table 2). Third, there may be a selection bias, indicating that economically sound firms are overrepresented. The first bias is relevant since size is related to legal status. This is why we focus on SMEs only; moreover, we control for firm size. The median firm in our sample is quite small and has total assets of about €1.4 million (as a comparison: with Burgstahler et al. (2006), the median German private firm has total assets of €38.2 million). The second bias may be irrelevant for our study because the research questions are defined independently of time constraints. The third bias has little impact on our results since we are mainly interested in the differences between unlimited liability firms and corporations. We may even expect the differences (and the results of our study) to be more pronounced for firms in a weaker financial condition because agency problems of debt then become even more severe. Hence, there is a greater need to signal low default risk by smoothing income, especially for corporations. 14 The basic model is a pooled OLS regression with robust standard errors clustered at the firm level. We account for both year fixed effects and industry fixed effects; firms are designated to one of six industries9. We also run a Fama-MacBeth analysis to account for potential serial correlation. Finally, we address potential endogeneity problems. 3.2 Measurement of variables Limited Liability Within the period of investigation, German company law defines the following legal categories. ● Sole proprietorship (one-person business, Einzelkaufmann), Section 1 German Commercial Code (Handelsgesetzbuch, HGB): The owner provides equity to the firm, must run it, and is unlimitedly liable with private assets for any (debt) obligations. ● Partnership (Offene Handelsgesellschaft), Sections 105-160 HGB: The owners provide equity to the firm, must run it (Sec. 114 HGB), and are unlimitedly liable with their private assets for any obligations (Sec. 128 HGB). ● Limited partnership (Kommanditgesellschaft), Sections 161-177a HGB: There are two types of shareholders. One type (Komplementäre) is unlimitedly held liable with private assets and has to run the firm. The other shareholders (Kommanditisten) are not allowed to run the firm and can only be held liable for share capital that has not yet been paid in (Sec. 161, 164 HGB). ● Corporation (Gesellschaft mit beschränkter Haftung, GmbH), GmbH-Gesetz: Shareholders are not held liable with their private assets. There is a minimum capital requirement of €25,000. The firm can be run by one or several professional managers, who do not need to be shareholders. 9 The industries are: manufacturing; construction; accommodation and catering; transport and communication; real estate, renting and business activities; wholesale and retail trade, garages. 15 ● Stock corporation (Aktiengesellschaft), Aktiengesetz: Shareholders are not held liable with their private assets. There is a minimum capital requirement of €50,000. The firm is run by a management board. A supervisory board is required. Managers do not need to be shareholders. We considered the first three types of firms as unlimited liability firms and the latter two as corporations. Limited partnerships are supposed to share similar accounting incentives as partnerships since both are run by shareholders, who are unlimitedly liable. There are also mixed legal categories. One quite common legal form in Germany is the so-called GmbH & Co. KG, which is similar to a limited partnership but defines a corporation to be the shareholder with unlimited liability. Consequently, the liability status cannot be clearly assigned, which is why we excluded these firms from our analysis.10 Income smoothing Following the literature, we measure income smoothing by dividing the variability of earnings over time by the variability of income in economic terms, such as the variability of cash flow from operations or of sales (e.g. Leuz et al. 2003; Bao and Bao 2004; Burgstahler et al. 2006). Our smoothing measure is calculated using firm-level data: (1) SMTHi,t SD(net incomei,t / total assetsi,t 1 ) SD(operative cash flow i,t / total assetsi,t 1 ) (1) SD stands for standard deviation. Standard deviations are computed on the basis of financial data for five fiscal years in order to mitigate the effect of abnormally high or low values on income or operative cash flows. Following the literature (Burgstahler et al. 2006), we multiply by −1 so that higher values correspond to more income smoothing. We scale by total assets, following, for example, 10 The same argument applies for another much less common mixed form (Kommanditgesellschaft auf Aktien, KGaA), which is similar to a limited partnership where a stock corporation represents the shareholder with unlimited liability. 16 LaFond et al. (2007) and Leuz et al. (2003). Operative cash flow is defined as the difference between net income and total accruals (see Daske et al. 2006). Total accruals equal: ∆Inventory (or: ∆current assets - ∆cash and cash equivalents) - ∆current liabilities + ∆short-term debt included in current liabilities - depreciation and amortization - ∆provisions. Bank debt, contractual debt, and tax avoidance incentives Bank debt is defined as the ratio of bank debt to total assets, averaged over five years. Contractual debt is defined as the ratio of contractual liabilities (= total liabilities minus provisions) to total assets, averaged over five years. We have to define all control variables on a five-year time horizon due to the measurement of income smoothing. It is rather difficult to specify tax avoidance incentives because we have no firm-specific data on the number of owners and their shares, single owners’ marginal tax rates or any other income sources. As argued above, with low and medium levels of shareholder income the effective tax rate increases with income whereas beyond a certain individual threshold income level the tax rate becomes flat. Hence, we expect a stronger tax avoidance incentive for low and medium levels of income. We assume that an individual’s income is roughly the firm’s income divided by a certain number of owners. Other things being equal, the higher the assumed number of owners, the more likely the owners are to earn a small or medium income where there are high tax avoidance incentives. The data from the German Statistics Agency suggests that the mean number of owners is 2.4 with partnerships and 4.4 with limited partnerships (Statistisches Bundesamt, 2012: 13). One-person businesses have one owner; corporations usually have more owners than partnerships though we lack data to corroborate this claim. We run pre-tests to determine which assumed number of owners separates low and high tax avoidance incentives. Regardless of the firm’s legal status, a threshold level 17 defined as three times the individual threshold income separates high tax avoidance incentives (due to non-flat tax rates) from low tax avoidance incentives (due to the flat tax rate) quite well.11 Other control variables With small and medium-sized private German firms, there is hardly any firm-specific (or even aggregated) data on management compensation, ownership structure or other corporate governance data available because firms do not have to disclose this information. We also believe that agency problems of equity are (much) less pronounced than with publicly listed firms and thus this data would be of limited use. There are other firm-specific variables included because they are likely to affect income smoothing incentives quite independently of listing status (Dechow and Dichev 2002; Leuz et al. 2003; Francis et al. 2004; Burgstahler et al. 2006; Gassen et al. 2006; LaFond et al. 2007; Dou et al. 2012). Operating Risk. From an economic point of view, with higher operating risk comes a greater need to smooth income in order to smooth dividend payouts. Thus we expect a positive association. We measure operating risk by the standard deviation of sales divided by lagged total assets. Firm Size. Even though we construct the sample with SMEs such that unlimited and limited liability firms do not differ much in size, size is likely to matter. Larger firms may show higher levels of income smoothing because they are expected to have a wider array of discretionary expenditures. Since problems of asymmetric information are more pronounced with larger firms, there is a greater need to indicate low default risk by income smoothing. Firm Profitability. Firms with good performance have less need to impress creditors and therefore less need to smooth income. We should, therefore, expect higher firm profitability to imply less income smoothing. 11 With US private firms included in the NSSBF database, the average number of owners is 3, see Mach and Wolken (2006: A171). 18 Losses. Firms that report losses may have a greater need to impress creditors with stable income. On the other hand, firms that are unable to avoid losses may already have suffered reputation damage. We may also observe a negative correlation due to the fact that a loss drives down the smoothing variable. Overall, the sign of the association between income smoothing and losses is not clear. Other reasons for income smoothing. Burgstahler et al. (2006) mention other potential reasons for variations in accruals such as firm growth, the length of the operating cycle and audit quality. We considered the length of the operating cycle as defined in Burgstahler et al. (2006), as well as firm growth. Generally, high growth firms exhibit higher levels of operating risk, implying a greater need for income smoothing. They also usually have higher accruals, e.g. due to higher investment levels, and more discretion for income smoothing. We therefore expect a positive sign. It transpires that audited financial statements did not show any significantly different income levels to non-audited ones, leading us to omit an audit variable in the regressions. The audit variable might not have a significant effect for two reasons. First, less than 12% of all financial statements in our sample are audited. In Germany, there is no legal obligation for statutory audits to be performed for either unlimited liability firms or small corporations. Second, auditor liability is very lenient in Germany (Gietzmann and Quick 1998). Thus, an auditor is likely to accept discretionary accruals to a larger extent than in other countries that have rather strict auditor liability, such as in the USA. Table 3 depicts all control variables. Most variables are computed on a five-year average since the variable on income smoothing also requires five years. --insert Table 3 about here-- 19 4. Results 4.1 Univariate test statistics As a first step, we divide the total sample into two subsamples in order to compare income smoothing between the two subsamples. The subsamples are divided by (1) legal status, (2) tax avoidance incentives and (3) importance of total bank debt. D_BANK is a dummy variable with value 1 if bank debt to total assets (averaged over five years) exceeds the industry median; otherwise it is 0. Table 4 provides an overview. --insert Table 4 about here-- As already stated the specification of income smoothing in (1) implies that higher values represent more income smoothing. The statistics strongly suggest that income smoothing is significantly stronger with (i) corporations than with unlimited liability firms and (ii) firms that have a strong tax avoidance incentive. For instance, with corporations the volatility of net income amounts to only 32% of the volatility in operative cash flow whereas it is 43% for unlimited liability firms. That is, the level of income smoothing is about 33% lower with unlimited liability firms – in the absence of control variables. Firms with strong tax avoidance incentives and with a lot of bank debt exhibit levels of income smoothing that are about 41% and 14% higher respectively. 4.2 Multiple regression analysis (without interaction terms) We expect limited liability firms to exhibit more income smoothing. We also expect a positive association between income smoothing and contractual (bank) debt. Further, we expect a positive sign for the variables on tax avoidance. The regression on hypothesis 1 is reflected by: 2 , , , , , , , , , , , , 20 Table 5 reports summary statistics. --insert Table 5 about here-- The smoothing variable SMTH indicates that on average the standard deviation of scaled net income is 36% of the standard deviation of scaled operative cash flows. Burgstahler et al. (2006) report a mean ratio of 47% for German private firms excluding unlimited liability firms; Gassen and Fülbier (2010) report a mean ratio of 56.7% for a large sample of European firms. About 64% of the firms in the sample are corporations; thus, roughly one third are unlimited liability firms. The average ratio of contractual debt to total assets is about 69%, less than half of which (29%) is bank debt.12 There is relatively more variation in bank debt than in contractual debt. However, mean and median do not differ much with either variable. Since we focus on relatively small firms, about 87% of the firms have strong tax avoidance incentives. Summary statistics also indicate that we have quite small firms in our sample with mean total assets of €1.43 million. Since we restricted the sample to SMEs, the variation in the size variable is relatively low. Note that other studies include bigger private firms.13 The average ROA (EBIT/lagged total assets) is about 10.4%. However, the ROA variable spreads fairly widely. Although ROA is usually positive over a five-year horizon, about 41% of the five-year series show a loss in at least one year. Table 6 reports Pearson pair-wise correlations among the variables for our lead measure of income smoothing SMTH. Spearmen correlation coefficients are similar (not tabulated). The univariate analysis suggests that income smoothing increases in corporations with strong tax avoidance 12 (Bank) debt financing is quite common in Germany. The average contractual debt ratio of small US business firms with less than 500 employees (based on the NSSBF database) is about 49%; the average bank debt ratio is 19% (Berger and Udell 1998: 620). 13 For instance, with Burgstahler et al. (2006) the median book value of private firms is €38.2 million. The mean book value of private firms is £3.7 million with Ball and Shivakumar (2005), €28.5 million with Peek et al. (2010) and €4.97 million with Gassen and Fülbier (2010). 21 incentives, with higher levels of contractual debt and with bank debt. As predicted, income smoothing also increases with firm size, growth and lower ROA. Income smoothing is lower when there is a loss. The correlation with the volatility of sales is not significant. Correlation coefficients do not indicate severe multicollinearity. The correlation between the BANK and CONTRACTDEBT variables is relatively high, but not critical (0.5631), which prompts us to include both variables in the basic regression.14 --insert Table 6 about here— Table 7 depicts the results of the basic multiple regression analysis. It also includes variations of the basic pooled OLS regression model such as a regression based on a three-year definition of the income smoothing variable and other variables. The table also depicts the results of an annual cross-sectional Fama-Macbeth regression. There is significantly more income smoothing with corporations than with unlimited liability firms. As predicted, the LIM variable has a positive sign and is highly significant. With corporations, the level of income smoothing is higher by 0.0939, that is, about 26% of the mean value (-0.3626, see Table 5). This finding supports hypothesis 1. The results also suggest that firms with more debt financing and stronger tax avoidance incentives exhibit more income smoothing. Firms with strong tax avoidance incentives show income levels that are 0.0459 higher, which is about 13% above the mean income smoothing level. If the debt ratio increases by 10 percentage points, the level of income smoothing increases by 0.01875. The BANK variable covers the marginal effect of bank debt on income smoothing. This marginal effect is weak and statistically not significant indicating that income smoothing generally does not substantially 14 As a robustness test we also run regressions where CONTRACTDEBT2 only includes non-bank contractual debt. The correlation with the BANK variable is still high (−0.5121) and qualitative results are correspondingly similar. The negative correlation suggests that bank debt and other forms of contractual debt are substitutes to a considerable degree. 22 differ between banks and other creditors. This finding is corroborated by the fact that the BANK variable becomes highly significant (with positive sign) when we define CONTRACTDEBT2 as contractual debt excluding bank debt (see Table 10, Panel C). As predicted, firm size and growth are significantly positively associated with income smoothing; ROA and LOSS have a negative sign. In contrast to the findings of Burgstahler et al. (2006), we find that the length of the operating cycle and the variance of sales is not significant.15 --insert Table 7 about here – Table 7 also exhibits results with a pooled OLS regression where income smoothing and other variables are defined on a three-year basis. As a consequence, the number of observations increases from about 18,000 to more than 31,000. The statistical and economic significance of the LIM variable increase, while the results with BANK, TAX and CONTRACTDEBT remain similar. We accounted for serial correlation by annual cross-sectional Fama-MacBeth regressions exhibiting the mean coefficients of nine different annual cross–sections, starting with the 1992–1996 period. Compared to the pooled OLS regression, the economic significance of the main variables LIM, BANK, TAX and CONTRACTDEBT is similar, and statistical significance increases considerably. 4.3 Robustness checks We ran several robustness checks. Most importantly, we used different specifications of the income smoothing variable. We obtain similar results in both statistical and economic terms with regard to the main variables LIM, BANK, TAX and CONTRACTDEBT (not tabulated) when adopting the alternative measures of income smoothing suggested in the literature (Leuz et al. 2003; Bao and Bao 2004; Burgstahler et al. 2006; Gassen et al. 2006; LaFond et al. 2007; Dou et al. 2012): 15 However, we find a positive association when we measure risk as the variance of cash flows. We do not adopt this risk measure due to the mechanical relation to the income-smoothing variable. 23 • SD(net income i,t ) • SD(operating income i,t / total assets i,t 1 ) • TACCi,t ; oCFi,t ( 1) and • SD(operating income i,t ) SD(sales i,t ) ( 1) , SD(sales i,t / total assets i,t 1 ) SD(oCFi,t ) ( 1) , ( 1) where SD, TACC and oCF stand for standard deviation, total accruals and cash flow from operations respectively. More recent research suggests distinguishing between the “normal” and the “discretionary” level of income smoothing where only the latter is considered to be subject to management choice and to be informative (Barth et al. 2012). The normal level is determined by industry and year effects. We estimated discretionary smoothing by the residual of the following regression: 3 , , where INDi and YEARt reflect industry and year dummies respectively. We ran regressions considering discretionary income smoothing as a dependent variable and obtain similar qualitative results (see Table 10, Panel A): corporations show significantly higher levels of income smoothing. We performed several additional robustness tests (results not tabulated).16 We accounted for an income tax reform in 2002, which does not change the qualitative results. We defined the tax avoidance variable differently by changing the threshold number of shareholders, which separates firms with high tax avoidance incentives from other firms. When we set the threshold level to five times the threshold of individual income that triggers a flat tax rate, both LIM and CONTRACTDEBT show a significantly positive association with income smoothing. However, the TAX variable then 16 We also controlled for whether the firm is registered in West or East Germany. After the fall of the Berlin Wall, both the economic environment and tax incentives remained different in East Germany. It transpires that the qualitative results are not affected by the region in which the firm is registered. 24 becomes insignificant, which indicates that the initial definition of TAX is better able to discriminate weak and strong tax avoidance incentives. We defined BANK and CONTRACTDEBT as a dummy variable with a value of 1 if bank debt (contractual debt, respectively) exceeds the industry-year median and zero otherwise. We also ran a regression where CONTRACTDEBT does not include bank debt, resulting in a strongly negative correlation with BANK (−0.51). With either specification, the LIM variable remains highly significant both in economic and statistical terms (coefficients: 0.0925 and 0.0941, p-values: < 0.001). With CONTRACTDEBT2 not including bank debt, the BANK variable becomes highly significant as indicated above. Further, we defined unlimited liability firms in a different way. There is anecdotal evidence that owners of small corporations who receive most of their financing from one bank are often asked to provide personal unlimited guarantees. This scenario is similar, albeit not identical, to the case of an unlimited liability firm. We ran the regressions by adding very small corporations to unlimited liability firms. We define very small firms as a subgroup of SMEs which either have total assets below €1 million or sales not exceeding €1.4 million. With this definition the qualitative results remain the same and the four main variables are highly significant. 4.4 Endogeneity Our main variable LIM is likely to be endogenous. The owners choose the legal status of the firm depending on many criteria such as ● the owners’ risk or loss aversion ● the expected tax burden, ● owners’ preferences for hiring a manager, ● dependence on external (debt) financing sources, ● disclosure requirements, ● and legal restrictions on dividend pay-outs. 25 Unfortunately, we are unable to observe owners’ risk aversion, which is probably an important motive for choosing limited liability. We cannot observe preferences for hiring a manager either. Disclosure requirements are very similar across the firms in our sample because we focus on smaller corporations. We already account for tax incentives and sources of financing in the structural equation such that we cannot select these variables as instruments. Thus, we looked for suitable instrumental variables that are correlated with the LIM variable but supposedly uncorrelated with the error term in the structural equation. We chose the following variables: COLLATERAL and LIQUIDITY. COLLATERAL is defined as the account receivables deflated by lagged total assets averaged over five years. Account receivables are assets that are often assigned to banks or other creditors in order to secure a loan. We believe that a firm with more potential collateral has less need to set up an unlimited liability firm in order to signal creditworthiness. The argument is similar for another measure of default risk that relates to liquidity. LIQUIDITY is cash in hand, cash in banks and short-term securities deflated by lagged total assets averaged over five years. The correlation between LIM and COLLATERAL (LIQUIDITY) is 21.01% (14.16%). The correlation with the income-smoothing variable is considerably weaker (4.44% and -6.65% respectively) than between LIM and SMTH (16.6%). However, a remaining non-negligible correlation with the structural error cannot be ruled out. --insert Table 8 about here-- We used COLLATERAL and LIQUIDITY as instrumental variables. Due to missing data, we computed the OLS and the 2SLS regressions based on a smaller sample size. It transpires that the Hausman test strongly rejects the exogeneity of LIM with either instrument.17 However, the Hausman test alone is not sufficient to conclude that the 2SLS estimates are preferable to the OLS estimates 17 Hausman test: χ2 = 16.76 and = 52.07 with COLLATERAL and LIQUIDITY respectively. 26 (Larcker and Rusticus 2010: 201). While the partial F-statistic of the first-stage regression is encouraging with either instrument, the partial R2 is quite low, namely 1.64% with COLLATERAL and 1.52% with LIQUIDITY (see Table 8). The low partial R2 is indicative of weak instruments. When the instruments have low explanatory power at the first stage, estimates can become highly biased and “the estimated coefficients on the instrumented variable will become unreasonably large or small in the second stage” (Larcker and Rusticus 2010: 197). Indeed, the coefficient of the LIM variable increases by about 188% (about 341%) when using COLLATERAL (LIQUIDITY) as an instrument.18 This indicates that the IV estimates are not reliable enough to replace the OLS estimates (Larcker and Rusticus 2010: 197).19 Note also that the standard error of the LIM variable increases from 0.8% with the OLS regression to 6.3% and 7.4% with the 2SLS regressions. Moreover, the variable SIZE loses significance in 2SLS regressions even though size is considered the most important driver of the firm’s accounting choices in the empirical accounting literature. Even though LIM and CONTRACTDEBT remain highly significant with 2SLS regressions, the instruments may have too weak an explanatory power for the results to be reliable.20 In summary, the above results do not suggest that IV estimates are clearly more reliable than OLS estimates. 18 For instance, the IV estimation with LIQUIDITY implies that corporations show an average income smoothing level of -0.4772 + 0.4099 = -0.0673, which clearly exceeds the 75% quartile (-0.1481). 19 The same arguments apply when using both COLLATERAL and LIQUIDITY as instrumental variables. We also tested for variations of these instruments. 20 Another reason for endogeneity is omitted variables, such as the owner’s level of risk or loss aversion, which probably affects the level of income smoothing. A firm-fixed model or a first-difference analysis are suitable for accounting for unobservable omitted variables based on firm-specific heterogeneity. However, fixed effects estimation removes all cross-sectional variation between the firms such that it requires sufficient over-time changes within the firm (Nikolaev and van Lent 2005: 692). Unfortunately, two important variables (LIM and TAX) and LOSS are defined as dummy variables, leading to too little firm-specific variation. 27 4.5 Multivariate analysis with interaction terms: main regression So far, we have found support for hypothesis 1. However, we have not yet addressed the question whether the association between income smoothing and bank financing/debt financing and between income smoothing and tax avoidance incentives are driven by the firm’s liability status (hypotheses 2 and 3). Consequently, we introduce an interaction term with these variables. The regression is as follows: 4 , ∗ , , , , , ∗ , , , , , , ∗ , , , , , , In order not to inflate variance inflation factors we interact the variable on liability status (LIM) with either BANK debt or CONTRACTDEBT, but not with both simultaneously. Table 9 depicts the results of the regression and contrasts them with the findings without interaction terms (see Table 7). --insert Table 9 about here-- Table 9 reveals why corporations show significantly more income smoothing than unlimited liability firms: bank financing. A corporation with a bank debt ratio of 30% (which is close to the mean of 29%) exhibits a level of income smoothing that is about 0.019 (30%*0.0628) units higher than with an unlimited liability firm with the same bank debt ratio. This is about 5% of the mean (absolute) income smoothing level of 0.36. Table 9 also suggests that the positive association between bank debt and income smoothing only refers to corporations and not to unlimited liability firms, which supports hypothesis 2. With debt financing, however, it is different. Here we find more income smoothing with higher debt levels regardless of the liability status. One explanation for these surprising results could be that the information aspect of income smoothing matters to all creditors, but the contracting role is only 28 important for banks. For banks it is relatively cheap to write and enforce (accounting) covenants and they obviously do so for corporations where agency problems of debt are thought to be more severe. Another finding is that stronger tax avoidance incentives lead to more income smoothing. This association is stronger for unlimited liability firms than for corporations, which could be explained by stronger incentives and better opportunities for income smoothing. Owners of unlimited liability firms receive between 90%-95% of their income from their firm, whereas owners of corporations may also hold other investments, giving them more opportunities to save taxes. Unfortunately, we lack individual owners’ investment data to support this claim. In addition, unlimited liability firms have more choices and discretion in financial and tax accounting. Overall, it is interesting to see that the association between liability status and income smoothing is based on two countervailing effects. Consequently, we find support for hypotheses 2 and 3. 4.6 Multivariate analysis with interaction terms: robustness checks We performed several robustness checks, which generally corroborate our findings (see Table 10). Panel A in Table 10 shows the results with different measures of income smoothing. The LIM variable is always highly significant (p < 0.001), suggesting that corporations show higher levels of income smoothing than unlimited liability firms. Income smoothing of corporations increases with the importance of bank debt. Note that with CONTRACTDEBT there is no specific effect attached to the firm’s liability status. Income smoothing is higher with tax-avoidance incentives; the effect tends to be weaker with corporations. We obtain the same qualitative results when we use different econometric models, more specifically annual cross-sectional Fama-MacBeth regressions and a random effects model (see Table 10, Panel B). Since our important exogenous variables LIM and TAX are binary, we cannot run a firm-fixed effects model. 29 Table 10, Panel C reports findings with different specifications on the TAX variable and on the CONTRACTDEBT variable. When we set the threshold level to five times the threshold of individual income that triggers a flat tax rate, the liability status (LIM) and its interaction with BANK debt remains highly significant and positive. However, the TAX5 variable becomes insignificant and, consequently, its interaction with LIM is not always significant even though the coefficient is negative. The TAX variable of the basic model seems better able to discriminate weak and strong tax avoidance incentives. The right side of Panel C shows the regression results where CONTRACTDEBT2 does not include bank debt, resulting in a strongly negative correlation with BANK (-0.51). Consequently, BANK becomes highly significant with a positive sign. The LIM variable remains highly significant as do its interactions with BANK debt and TAX avoidance incentives. 5. Summary We analyze income smoothing with private small and medium-sized enterprises (SMEs) in Germany focusing on differences between unlimited liability firms and corporations. We obtain the following results. First, corporations smooth income more than unlimited liability firms do (e.g. partnerships, sole proprietorships). We believe this is the case for two reasons: (i) Due to owners’ limited liability, agency problems of debt are more severe with corporations, such that there is more need for income smoothing (ii) There is a provision under German company law that in the case of corporations dividend payouts are tied to net income, while payouts to owners of unlimited liability firms might exceed net income. Second, we find there is more income smoothing with higher levels of (bank) debt. Creditors may perceive default risk to be lower when the volatility of net income decreases. Income smoothing also increases with bank debt, but only for corporations. We believe this is the case because in contrast to other contractual debtholders, banks are experts in writing and enforcing covenants in debt contracts. Banks may ask for covenants when they contract with corporations because agency problems of debt 30 are thought to be more pronounced than they are with unlimited liability firms. Corporations will engage in income smoothing because it reduces fluctuations in net income and helps to reduce the likelihood of covenant violations, such as interest coverage. Third, income smoothing also increases with higher tax avoidance incentives, the effect being stronger for unlimited liability firms than for corporations. Owners of corporations may be more likely to invest in several firms, giving them additional ways to manage their taxable income. Moreover, unlike unlimited liability firms, corporations are allowed to be run by professional managers, which may give less weight to the owners’ tax issues. It is important to note that there seem to be differences in accounting behavior between different subgroups of private firms while the literature tends to focus on differences between public and private firms, implicitly treating private firms as a homogeneous group. 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European Accounting Review, 17, 447-469. 35 Table 1: Sample selection Data selection Firm-year observations SME 183,497 Number discounted due to missing variables & certain industries (e.g. financial institutes) (16,449) Number discounted due to implausible values (31,366) Number discounted due to non-identifiable legal status (4,872) Number discounted due to firm-years with bonds outstanding (1,251) 129,559 Number discounted due to missing values over three years and mixed legal status Final sample (all variables defined over three years) Number discounted due to missing values over five years and mixed legal status (98,317) 31,242 (111,577) Final sample (all variables defined over five years) 17,982 Number of unique firms 6,354 36 Table 2: Observations per year and legal status Year Firm-year observations Firm-year observations for LIM=1 (corporations) Firm-year observations for LIM=0 (unlimited liability firms) 1996 3,239 1,879 1,360 1997 2,915 1,792 1,123 1998 2,357 1,503 854 1999 2,051 1,338 713 2000 2,030 1,382 648 2001 1,780 1,233 547 2002 1,513 1,030 483 2003 1,227 811 416 2004 870 563 307 Total 17,982 11,531 6,451 37 Table 3: Definition of independent variables LIM Dummy variable: 1, if limited liability firm in year t and the four preceding years, 0 if unlimited liability firm in year t and the four preceding years. Other firms have been excluded from the sample. BANK Ratio of bank debt to total assets, averaged over five years. TAX Dummy variable: 1, if net firm income before tax in year t and in the four preceding years is less than three times the threshold individual income that triggers a flat tax rate, 0 if net firm income before tax in year t and in the four preceding years equals or exceeds three times the threshold individual income that triggers a flat tax rate. Other firms have been excluded from the sample. CONTRACTDEBT Ratio of contractual liabilities (= total liabilities minus provisions) to total assets, averaged over five years. SIZE Ln (total assets), averaged over five years. ROA Ratio of EBIT (without extraordinary items) to lagged total assets, averaged over five years. LOSS Dummy variable: 1, if there was a loss in t or the four preceding years; 0 otherwise. GROWTH Annual percentage change in revenue, averaged over five years. OPCYCLE Length of operating cycle in days according to Burgstahler et al. (2006): (yearly average accounts receivable)/(total revenue/360) + (yearly average inventory)/(cost of goods sold/360), averaged over five years. RISKSALES Standard deviation of (sales/lagged total assets), computed over five years. 38 Table 4: Mean levels of income smoothing with limited and unlimited liability firms, with strong and weak tax avoidance incentives and with and without total bank debt exceeding the mean Group Mean (income smoothing) Mean (income smoothing) (Group Variable = 1) (Group Variable = 0) Difference (t-value) LIM − 0.3244 (obs.: 11,531) − 0.4310 (obs.: 6,451) 0.1066*** (21.25) D_BANK − 0.3393 (obs.: 8,972) − 0.3858 (obs.: 9,010) 0.0465*** (10.16) TAX − 0.3443 (obs.: 15,635) − 0.4850 (obs.: 2,347) 0.1407*** (19.25) LIM is a dummy variable with value 1 (0) for corporations (unlimited liability firms). TAX is a dummy variable with value 1 for firms with high tax avoidance incentives and with value 0 for low tax avoidance incentives. D_BANK is a dummy variable with value 1 if bank debt to total assets (averaged over five years) exceeds the industry median; otherwise it is 0. Two-sample t-test with unequal variances. 39 Table 5: Summary statistics (N = 17,982) Variable Mean Standard deviation 25%quartile Median 75%quartile SMTH -0.3626 0.3079 -0.4763 -0.2708 -0.1481 LIM 0.6412 0.4796 0 1 1 CONTRACTDEBT 0.6865 0.2038 0.5697 0.7353 0.8460 BANK 0.2922 0.2154 0.1022 0.2734 0.4505 TAX 0.8695 0.3369 1 1 1 SIZE: ln(total assets in € 1,000) 7.2678 1.0203 6.5980 7.2351 7.8552 SIZE: total assets in € 1,000 1,433.4 733.6 1,387.3 2,579.1 ROA 0.1042 0.0978 0.0472 0.0749 0.1261 LOSS 0.4115 0.4921 0 0 1 GROWTH 0.0063 0.0901 -0.0489 0.0032 0.0518 OPCYCLE 106.64 85.99 58.73 83.04 124.87 RISKSALES 0.5090 0.4765 0.2129 0.3735 0.6337 For a definition of variables see Table 3. 40 Table 6: Pearson correlations (p-values in brackets) pred. sign SMTH SMTH LIM CONTRACT DEBT BANK TAX SIZE ROA LOSS GROWTH OPCY-CLE RISK SALES 1 LIM + 0.1661 (0.0000)*** 1 CONTRACT DEBT + 0.2260 (0.0000)*** 0.0023 1 BANK + 0.0968 (0.0000)*** -0.1817*** 0.5631*** 1 TAX + 0.1540 (0.0000)*** 0.1332*** 0.2935*** 0.1661*** 1 SIZE ? 0.0927 (0.0000)*** 0.0980*** 0.0986*** 0.1544*** -0.4839*** 1 ROA - -0.2913 (0.0000)*** -0.2456*** -0.3629*** -0.2131*** -0.4970*** -0.1083*** 1 LOSS ? -0.0546 (0.0000)*** 0.2456*** 0.1895*** 0.1450*** 0.3240*** -0.0389*** -0.4729*** 1 GROWTH ? 0.0469 (0.0000)*** 0.1182*** 0.0403*** -0.0280*** -0.0876*** 0.0970*** 0.1251*** -0.1207*** 1 OPCYCLE + 0.0153 (0.0405)** -0.1149*** 0.1453*** 0.0975*** 0.0878*** 0.0210*** -0.1513*** 0.0633*** -0.1154*** 1 RISK SALES + 0.0107 (0.1532) 0.1468*** -0.0218*** -0.1661*** 0.0535*** -0.2282*** 0.1347*** -0.0033 0.0986*** -0.2876*** *, **, and *** indicate significance at the 10%, 5%, and 1% levels, using a two-tailed test. For a definition of variables see Table 3. 1 41 Table 7: Pooled OLS regressions, dependent variable: income smoothing (N=17,982) Dependent variable: SMTH Predicted sign Intercept SMTH (5 years) SMTH (3 years) SMTH (5 years) (annual cross-sectional Fama-MacBeth regressions) DISCRET_SMTH (5years) Coeff. t-value (p-value) Coeff. t-value (p-value) Coeff. t-value Coeff. t-value (p-value) -0.5372 -11.54 (0.000)*** -0.6240 -13.09 (0.000)*** -0,5335 -16.80*** -0.1580 -3.47 (0.001)*** LIM + 0.0939 11.84 (0.000)*** 0.1273 14.14 (0.000)*** 0.0910 15.45*** 0.0952 12.00 (0.000)*** BANK + 0.0102 0.56 (0.576) -0.0175 -0.85 (0.395) 0.0149 1.32 0.0208 1.16 (0.245) TAX + 0.0459 3.11 (0.002)*** 0.0290 1.90 (0.057)* 0.0462 6.32*** 0.0407 2.74 (0.006)*** CONTRACT DEBT + 0.1875 8.30 (0.000)*** 0.1977 8.15 (0.000)*** 0.1852 15.63*** 0.1651 7.48 (0.000)*** SIZE + 0.0153 3.35 (0.001)*** 0.0182 3.80 (0.000)*** 0.0165 8.39*** 0.0155 3.38 (0.001)*** ROA - -0.9778 -16.55 (0.000)*** -0.9266 -17.22 (0.000)*** -0.9702 -18.67*** -0.9720 -16.54 (0.000)*** LOSS ? -0.1675 -23.25 (0.000)*** -0.2681 -30.31 (0.000)*** -0.1712 -25.93*** -0.1670 -23.02 (0.000)*** GROWTH + 0.2139 5.32 (0.000)*** 0.1874 5.61 (0.000)*** 0.1963 6.10*** 0.1601 5.08 (0.000)*** OPCYCLE ? -0.00004 -0.96 (0.335) -0.00007 -1.34 (0.181) -0.00009 -1.36 -0.00005 -1.07 (0.283) RISKSALES + 0.0062 0.79 (0.428) -0.0089 -0.97 (0.334) -0.0104 -1.37 0.0073 1.02 (0.309) Industry fixed effects included included included -- Year fixed effects included included -- -- 17,982 31,242 17,982 17,982 VIF (LIM) 1.31 1.28 -- 1.28 Mean/max VIF 2.03/4.26 2.01/4.06 -- 1.58/2.36 Adj. R2 in % 18.22 8.78 18.81 16.67 F-Stat. 61.50 77.91 -- 122.64 Prob(F-Stat.) 0.0000 0.0000 -- 0.0000 N= *, **, and *** indicate significance at the 10%, 5%, and 1% levels, using a two-tailed test. T-statistics are based on standard errors, which are adjusted for heteroscedasticity and clustering at the firm level. VIF: variance inflation factor. DISCRET_SMTH: Discretionary smoothing is estimated by the residual of the regression SMTHi,t = β0 + INDi + YEARt + εi,t where INDi and YEARt are industry and year dummy variables respectively. For a definition of variables see Table 3. With SMTH (3 years), all variables are defined on a three-years basis. 42 Table 8: OLS and 2SLS regressions, dependent variable: income smoothing Dependent variable: SMTH Predicted sign SMTH (5 years), OLS Coeff. Intercept t-value (p-value) SMTH (5 years), 2SLS IV: Collateral Coeff. z-value (p-value) SMTH (5 years), 2SLS IV: Liquidity Coeff. z-value (p-value) -0.5349 -11.22 (0.000)*** -0.5031 -9.91 (0.000)*** -0.4772 -8.56 (0.000)*** LIM + 0.0929 11.60 (0.000)*** 0.2676 4.23 (0.000)*** 0.4099 5.52 (0.000)*** BANK + 0.0061 0.33 (0.742) 0.1133 2.60 (0.009)*** 0.2005 3.98 (0.000)*** TAX + 0.0452 2.99 (0.003)*** 0.0052 0.24 (0.809) -0.0274 -1.08 (0.280) CONTRACTDEBT + 0.1867 8.14 (0.000)*** 0.1719 6.99 (0.000)*** 0.1599 5.82 (0.000)*** SIZE + 0.0157 3.36 (0.001)*** -0.0022 -0.27 (0.787) -0.0167 -1.84 (0.066)* ROA - -0.9854 -16.33 (0.000)*** -0.8499 -10.89 (0.000)*** -0.7395 -8.64 (0.000)*** LOSS ? -0.1675 -22.80 (0.000)*** -0.1983 -14.55 (0.000)*** -0.2234 -14.63 (0.000)*** GROWTH + 0.2273 5.52 (0.000)*** 0.1349 2.51 (0.012)** 0.0597 0.99 (0.322) OPCYCLE ? -0.00005 -0.98 (0.328) 0.00005 0.88 (0.380) 0.0001 1.95 (0.051)* RISKSALES + 0.0058 0.73 (0.463) -0.0203 -1.64 (0.101) -0.0416 -3.00 (0.003)*** Industry fixed effects included included included Year fixed effects included included included 17,406 17,406 17,406 First stage: partial R2 in % 1.64 1.52 First stage: partial F-Stat. 73.37 79.94 N= *, **, and *** indicate significance at the 10%, 5%, and 1% level, using a two-tailed test. T-statistics are standard errors, which are adjusted for heteroscedasticity and clustering at the firm level. Due to missing data on instrumental variables, we computed the 2SLS regressions on a smaller sample size. IV: Instrumental variable. Collateral: Account receivables deflated by lagged total assets averaged over five years. Liquidity: cash in hand, cash in banks and short-term securities deflated by lagged total assets averaged over five years. For a definition of other variables see Table 3. 43 Table 9: Pooled OLS regressions with interaction terms Dependent variable: SMTH SMTH (5 years) SMTH (5 years) SMTH (5 years) SMTH (5 years) Coeff. t-value (p-value) Coeff. t-value (p-value) Coeff. t-value (p-value) Coeff. t-value (p-value) Intercept -0.5372 -11.54 (0.000)*** -0.5231 -11.08 (0.000)*** -0.5353 -11.33 (0.000)*** -0.5518 -11.12 (0.000)*** LIM 0.0939 11.84 (0.000)*** 0.0739 5.34 (0.000)*** 0.1150 5.09 (0.000)*** 0.1339 4.26 (0.000)*** BANK 0.0102 0.56 (0.576) -0.0294 -0.99 (0.321) -0.0439 -1.50 (0.135) 0.0080 0.44 (0.658) TAX 0.0459 3.11 (0.002)*** 0.0456 3.09 (0.002)*** 0.0694 3.90 (0.000)*** 0.0650 3.65 (0.000)*** CONTRACTDEBT 0.1875 8.30 (0.000)*** 0.1890 8.36 (0.000)*** 0.1960 8.64 (0.000)*** 0.1951 5.88 (0.000)*** 0.0628 1.91 (0.056)* 0.0820 2.50 (0.012)** -0.0562 -2.53 (0.011)** -0.0445 -2.00 (0.046)** -0.0037 -0.10 (0.923) LIM*BANK LIM*TAX LIM*CONTRACT DEBT SIZE 0.0153 3.35 (0.001)*** 0.0153 3.35 (0.001)*** 0.0145 3.16 (0.002)*** 0.0147 3.20 (0.001)*** ROA -0.9778 -16.55 (0.000)*** -0.9851 -16.54 (0.000)*** -1.0015 -16.77 (0.000)*** -0.9888 -16.64 (0.000)*** LOSS -0.1675 -23.25 (0.000)*** -0.1682 -23.23 (0.000)*** -0.1673 -23.18 (0.000)*** -0.1666 -22.93 (0.000)*** GROWTH 0.2139 5.32 (0.000)*** 0.2120 5.28 (0.000)*** 0.2120 5.28 (0.000)*** 0.2145 5.34 (0.000)*** OPCYCLE -0.00004 -0.96 (0.335) -0.00004 -0.97 (0.333) -0.00005 -1.09 (0.275) -0.00005 -1.05 (0.293) 0.0062 0.79 (0.428) 0.0069 0.87 (0.382) 0.0079 1.00 (0.317) 0.0069 0.87 (0.382) RISKSALES Industry fixed effects included included included included Year fixed effects included included included included 17,982 17,982 17,982 17,982 1.31 3.54 8.37 15.31 mean/max VIF 2.03/4.26 2.29/4.26 2.82/9.57 3.56/15.58 2 Adj. R in % 18.22 18.25 18.33 18.26 F-Stat. 61.50 58.39 56.81 57.77 Prob(F-Stat.) 0.0000 0.0000 0.0000 0.0000 N= VIF (LIM) *, **, and *** indicate significance at the 10%, 5%, and 1% levels, using a two-tailed test. T-statistics are based on standard errors, which are adjusted for heteroscedasticity and clustering at the firm level. VIF: variance inflation factor. For a definition of other variables see Table 3. 44 Table 10: Robustness tests with interaction terms Panel A: Different specifications of the income smoothing variable Dependent variable: SMTH DISCRET_SMTH (5 years), OLS SMTH (3 years), OLS Coeff. (p-value) Coeff. (p-value) Coeff. (p-value) Coeff. (p-value) Coeff. (p-value) Coeff. (p-value) Coeff. (p-value) Coeff. (p-value) 0.0952 (0.000)*** 0.0755 (0.000)*** 0.1176 (0.000)*** 0.1364 (0.000)*** 0.1273 (0.000)*** 0.1031 (0.000)*** 0.1252 (0.000)*** 0.1265 (0.000)*** 0.0208 (0.245) -0.0182 (0.535) -0.0334 (0.353) 0.0184 (0.301) -0.0175 (0.395) -0.0662 (0.053)* -0.0739 (0.032)** -0.0173 (0.402) TAX 0.0407 (0.006)*** 0.0403 (0.007)*** 0.0648 (0.000)*** 0.0603 (0.001)*** 0.0290 (0.057)* 0.0279 (0.067)* 0.0438 (0.029)** 0.0419 (0.039)** CONTRACTDEBT 0.1651 (0.000)*** 0.1664 (0.000)*** 0.1738 (0.000)*** 0.1731 (0.000)*** 0.1977 (0.000)*** 0.1995 (0.000)*** 0.2030 (0.000)*** 0.1790 (0.000)*** 0.0620 (0.059)* 0.0816 (0.013)** 0.0747 (0.044)** 0.0845 (0.024)** LIM BANK LIM*BANK LIM*TAX -0.0575 (0.010)*** LIM*CONTRACT DEBT -0.0460 (0.040)** -0.0308 (0.168) -0.0038 (0.920) Control variables 0.0318 (0.444) included included Industry fixed effects -- included Year fixed effects -- included 17,982 31,242 N= VIF (LIM) -0.0255 (0.263) 1.28 3.49 8.31 15.03 1.28 3.42 7.50 14.06 1.58/2.36 2.17/4.13 3.29/9.55 4.80/15.34 2.01/4.06 2.27/4.20 2.75/8.68 3.43/14.50 Adj. R2 in % 16.63 16.67 16.75 16.68 8.78 8.80 8.80 8.78 F-Stat. 122.64 111.25 103.27 103.51 77.91 74.95 72.10 72.21 Prob(F-Stat.) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 mean/max VIF *, **, and *** indicate significance at the 10%, 5%, and 1% levels, using a two-tailed test. T-statistics are based on standard errors, which are adjusted for heteroscedasticity and clustering at the firm level. Discretionary smoothing is estimated by the residual of the regression SMTHi,t = β0 + INDi + YEARt + εi,t where INDi and YEARt are industry and year dummy variables respectively. For a definition of other variables see Table 3. 45 Panel B: Fama-MacBeth regressions and random effects model Dependent variable: SMTH SMTH (5 years) (Random effects) SMTH (5 years), (annual cross-sectional Fama-MacBeth regressions) Coeff. (z-value) Coeff. (z-value) Coeff. (z-value) Coeff. (z-value) Coeff. (t-value) Coeff. (t-value) Coeff. (t-value) Coeff. (t-value) 0.1137 (0.000)*** 0.0937 (0.000)*** 0.1336 (0.000)*** 0.1494 (0.000)*** 0.0910 (15.45)*** 0.0724 (7.18)*** 0.1046 (8.63)*** 0.125 (6.08)*** 0.0044 (0.809) -0.0345 (0.228) -0.0470 (0.103) 0.0026 (0.886) 0.0149 (1.32) -0.0215 (-0.87) -0.0323 (-1.22) 0.0130 (1.21) TAX 0.0635 (0.000)*** 0.0632 (0.000)*** 0.0880 (0.000)*** 0.0838 (0.000)*** 0.0462 (6.32)*** 0.0461 (6.29)*** 0.0633 (7.40)*** 0.0598 (6.70)*** CONTRACTDEBT 0.1718 (0.000)*** 0.1733 (0.000)*** 0.1789 (0.000)*** 0.1750 (0.000)*** 0.1852 (15.63)*** 0.1867 (15.95)*** 0.1919 (16.16)*** 0.1976 (6.98)*** 0.0623 (0.051)* 0.0787 (0.015)** 0.0563 (2.36)** 0.0714 (2.66)*** LIM BANK LIM*BANK LIM*TAX -0.0537 (0.008)*** LIM*CONTRACT DEBT -0.0438 (0.035)** -0.0438 (-3.38)*** 0.0016 (0.967) Control variables -0,0126 (-0,39) included included Industry fixed effects -- included Year fixed effects -- -- 17,982 17,982 N= 2 R overall in % (adj. R2) F-Stat. (Wald Chi2) 2 Prob(F-Stat./Chi ) 17.97 18.01 18.09 18.02 1581.35 1579.96 1589.07 1590.79 0.0000 0.0000 0.0000 0.0000 18.81 18.85 18.88 *, **, and *** indicate significance at the 10%, 5%, and 1% levels, using a two-tailed test. T-statistics are based on standard errors, which are adjusted for heteroscedasticity and clustering at the firm level. For a definition of variables see Table 3. -0.0331 (-2.76)*** 18.85 46 Panel C: Alternative specifications of the variables TAX and CONTRACTDEBT Dependent variable: SMTH SMTH (5 years), OLS with TAX5 SMTH (5 years), OLS with CONTRACTDEBT2 Coeff. (p-value) Coeff. (p-value) Coeff. (p-value) Coeff. (p-value) Coeff. (p-value) Coeff. (p-value) Coeff. (p-value) Coeff. (p-value) 0.0960 (0.000)*** 0.0667 (0.000)*** 0.1184 (0.000)*** 0.1330 (0.000)*** 0.0941 (0.000)*** 0.0735 (0.000)*** 0.1157 (0.000)*** 0.1717 (0.000)*** BANK 0.0073 (0.680) -0.0492 (0.079)* -0.0595 (0.033)** 0.0060 (0.737) 0.1964 (0.000)*** 0.1573 (0.000)*** 0.1495 (0.000)*** 0.1992 (0.000)*** TAX 0.0125 (0.486) 0.0129 (0.473) 0.0410 (0.083)* 0.0338 (0.150) 0.0489 (0.001)*** 0.0486 (0.001)*** 0.0730 (0.000)*** 0.0674 (0.000)*** 0.1928 (0.000)*** 0.1947 (0.000)*** 0.1993 (0.000)*** 0.1908 (0.000)*** 0.1881 (0.000)*** 0.1895 (0.000)*** 0.1968 (0.000)*** 0.2692 (0.000)*** 0.0919 (0.003)*** 0.1050 (0.001)*** 0.0644 (0.049)** 0.0840 (0.010)*** LIM CONTRACTDEBT LIM*BANK LIM*TAX -0.0609 (0.046)** LIM*CONTRACT DEBT -0.0463 (0.129) -0.0577 (0.009)*** 0.0081 (0.824) -0.1135 (0.001)*** Control variables included included Industry fixed effects included included Year fixed effects included included 20,014 18,191 N= VIF (LIM) -0.0429 (0.051)* 1.30 3.51 15.03 21.10 1.32 3.55 8.39 10.89 mean/max VIF 1.97/4.20 2.22/4.20 3.30/16.53 4.01/21.10 2.03/4.24 2.28/4.24 2.81/9.59 3.08/9.18 2 Adj. R in % 18.18 18.27 18.32 18.20 18.14 18.18 18.27 18.30 F-Stat. 69.64 66.80 64.82 64.74 62.24 58.90 57.35 57.93 Prob(F-Stat.) 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 *, **, and *** indicate significance at the 10%, 5%, and 1% levels, using a two-tailed test. T-statistics are based on standard errors, which are adjusted for heteroscedasticity and clustering at the firm level. VIF: variance inflation factor. TAX5 is a dummy variable with value 1 if net firm income before tax in year t and in the four preceding years is less than five times the threshold individual income that triggers a flat tax rate, 0 if net firm income before tax in year t and in the four preceding years equals or exceeds five times the threshold individual income that triggers a flat tax rate. Other firms have been excluded from the sample. CONTRACTDEBT2: contractual debt excluding bank debt. The correlation between CONTRACTDEBT2 and BANK is −0.512. For a definition of other variables see Table 3.
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