跨国公司转移定价问题研究

跨国公司转移定价是为了优化资金配置、规避税负、规避东道国的各种管制、规避国际金融风险以及争夺、控制市场。我国之所以很少采取用此策略,其原因主要是存在对转移定价认识不充分,未形成有效的国际经营管理体制,缺乏快捷信息系统及有效的指导。我国应“因地制宜”地运用转移定价,重视定价的准备工作,转移定价既要考虑避税的综合收益,又应为东道国政府接受;要总结跨国公司经营教训,不断创新和熟练地运用转移定价策略,努力实现利润最大化和不断增强国际竞争力。     

跨国公司转移定价问题研究

跨国公司转移定价是为了优化资金配置、规避税负、规避东道国的各种管制、规避国际金融风险以及争夺、控制市场。我国之所以很少采取用此策略,其原因主要是存在对转移定价认识不充分,未形成有效的国际经营管理体制,缺乏快捷信息系统及有效的指导。我国应"因地制宜"地运用转移定价,重视定价的准备工作,转移定价既要考虑避税的综合收益,又应为东道国政府接受;要总结跨国公司经营教训,不断创新和熟练地运用转移定价策略,努力实现利润最大化和不断增强国际竞争力。     

The Tax Sensitivity of Debt in Multinationals: A Review

The OECD in its BEPS Action Plan Four addresses tax base erosion by profit shifting through the use of tax deductible interest payments. Their main concern is interest deductions between outbound and inbound investment by groups. Studies of multinational firms show that the tax sensitivity of debt is more modest than one would expect given the incentives for profit shifting. The purpose of this paper is to review existing literature and add to knowledge on multinational firm behavior that pertains to the use of debt.     

对关联方交易内部转移定价的探讨

关联方交易内部转移定价目的在于人为地抬高或降低交易价格 ,调节各关联企业的成本和利润 ,达到减轻税负 ,使各关联企业共同获取最大利润的目的。过于偏离市场价格的关联方交易转移定价 ,势必对市场各参与主体的利益产生影响 ,给国家税收造成损失 ,必须加强对关联交易转移定价信息披露的监管 ,防止产生利用关联交易转移定价来转入或转出利润及操纵利润现象的发生     

Do taxes influence the organizational boundaries of international firms? An incomplete-contracting model with empirical evidence

Firms that import intermediate goods choose between outsourcing and vertical integration. When corporate tax rates differ between the home country and the foreign country, the possibility of shifting income and reducing overall tax payments through transfer pricing makes integration more attractive than outsourcing. This paper develops an incomplete-contracting model in which an international firm facing tax rate differentials chooses whether or not to internalize intermediate transactions in order to trade off production efficiency and tax minimization. By shifting economic activities across borders, an integrated multinational enterprise establishes a proper transfer price and reaches the optimal profit-splitting arrangement that maximizes its total after-tax profit. This paper finds that cross-country differences in corporate tax rates and product intangibility play important roles in affecting firms’ internalization decision. Empirical analysis employing the US data also supports the theoretical findings. The positive correlation of the integration level of US firms and tax rate differentials between the US and foreign countries remains in the sample excluding tax havens.     

International Debt Shifting: The Value-Maximizing Mix of Internal and External Debt

Abstract

We study the capital structure of multinationals and expand previous theory by incorporating international debt tax shield effects from both internal and external capital markets. We show that: (i) multinationals’ firm value is maximized if both internal and external debt are used to save tax; (ii) the use of internal and external debt is independent of each other; and (iii) multinationals have a tax advantage over domestic firms, which cannot shift debt across international borders. We test our model using a large panel of German multinationals and find that internal and external debt shifting are of about equal importance.     

Managerial Stock Ownership and Debt Diversification

In this study, we examine the impact of managerial behavior on the debt diversification decisions of firms using the agency cost of debt framework. We hypothesize that managers with higher equity ownership should favor debt diversification to avoid efficient monitoring by debt holders and thus, be able to engage in risk‐shifting behavior. Our empirical results provide strong evidence for a positive association between managerial ownership and debt diversification. This relationship is observed to be stronger for smaller firms, which are traditionally more susceptible to the moral hazard problem. Our results remain robust for an alternate measure of debt diversification.     

激励规制、市场势力与接入定价——以电信业为例

政府规制的目标是矫正市场失灵,不当的规制方案会限制市场竞争活力,阻碍技术创新.本文将规制机构、厂商和消费者纳入到激励相容框架下,通过考察信息约束条件下的接入定价问题,解释了产品的需求价格弹性、政府转移支付、税收政策、技术创新和网络外部性与接入定价的关系,引申出主导性厂商市场势力的来源及激励性接入定价政策,得出电信监管部门实施对网间结算费的直接规制,没有减弱市场势力,反而抑制了主导性厂商提高接入质量和研发创新.     

Saving taxes through foreign plant ownership

This paper analyzes to which extent foreign plant ownership involves lower tax payments than domestic plant ownership. We assess hypotheses about the tax savings of endogenous foreign subsidiary ownership relative to domestic firms in a data-set of 507,542 foreign- and domestically-owned manufacturing plants in Europe. We identify a significant profit tax saving of endogenous foreign ownership in high-tax host countries. There is evidence of profit shifting which seems more pronounced than debt shifting in Europe: multinationals earn significantly higher profits than comparable domestic units in low-tax countries but significantly lower ones in high-tax countries. Consequently, profit tax payments of foreign-owned firms are lower than those of domestic firms in high-tax countries but higher in low-tax countries.     

我国转让定价制度的新突破——基于新《企业所得税法》“特别纳税调整”的分析

<中华人民共和国企业所得税法>中的"特别纳税调整"的适时出台,既是我国规制转让定价行为的税收法律体系建设的需要,也是我国转让定价制度的一次新的突破.它不仅提高了转让定价制度的法律层级,增强了其权威性与拘束力,而且还补充、完善了原有转让定价制度的缺憾之处,使其更具系统化、规范化.有效地解决了原有的定价转让制度中存在的法律层级偏低,缺乏权威性;相关规定过于简单,不完整性问题等问题,使我国转让定价制度更加具有系统性与可操作性.     

Corporate taxation and the choice of patent location within multinational firms

Corporate patents are important assets in the modern economy, where knowledge is highly valued. In many multinational enterprises (MNEs), they constitute a major portion of the business's value. The intra-firm transfer pricing process for patent-related royalty payments is moreover often highly intransparent and patents thus represent a major source of profit shifting opportunities between multinational entities. For both reasons, MNEs have an incentive to locate their patents at low-tax affiliates to minimize the corporate tax burden. The purpose of our paper is to empirically test for this relationship by exploiting a unique dataset that links information on patent applications to micro panel data for European MNEs. Our results suggest that the corporate tax rate (differential to other group members) exerts a negative effect on the number of patent applications filed by a multinational affiliate. The effect is quantitatively large and robust to controlling for firm size and unobserved heterogeneity between the entities. The findings moreover prevail if we account for royalty withholding taxes and binding ‘Controlled Foreign Company’ rules.     

A GLOBAL SUPPLY CHAIN PROFIT MAXIMIZATION AND TRANSFER PRICING MODEL

In environments where tax rates in local regions do not represent major decision factors, a cost minimization methodology, which represents the most common optimization modeling approach for integrated manufacturing and distribution planning, can help formulate an effective integrated plan. However, when planning flexibility or alternatives exist because of differing local country tax rates and types and intra‐company transfer pricing options, cost minimization methodologies may inaccurately identify profit‐maximizing global production and distribution plans. Instead, a profit maximization model that explicitly evaluates decisions such as where to incur tax liabilities and how to set intra‐company prices may be required to develop an integrated global manufacturing and distribution plan. In this paper, we discuss and formulate a model that yields profit maximizing global production and distribution plans. We discuss the managerial implications of our results, and the potential applications and benefits of the model.     

预约定价制度适用于我国的成本悖论解析

实行预约定价制度可以较好地解决转让定价滥用和国际双重征税或不征税问题,提高税务部门工作效率。为了调查预约定价制度在我国的可行性,在对预约定价制度实行的基于信息、客体、国际税收合作、转让定价调整方法和事后监控的成本悖论进行具体分析的基础上,得出预约定价制度必须与传统的事后税收监管相结合,才能有效解决转让定价问题的结论。     

Corporate environmental performance and financing decisions

We investigate the financing strategies of environmentally responsible firms to understand how they set target capital structures and make incremental financing decisions. Literature shows that firms with better environmental performance have lower risk and better access to financing. However, it is not obvious how these firms choose to finance their investments. Using an extensive data set of U.S. firms, we find that firms with superior environmental performance have significantly lower debt ratios and use mostly short‐term debt for temporary financing needs. In doing so, environmentally responsible firms are able to achieve more tax savings and experience lower costs of financial distress. Our results provide new empirical facts about environmental performance and financing decisions, and they help explain the observed relationship between environmental performance and economic performance.     

我国制药行业上市公司资本结构的实证分析

2001年以来,医疗制度改革、GMP达标、加入WTO及OTC市场竞争的加剧等,使我国制药企业的产业环境发生了巨大变化,进而对制药企业的融资策略及资本结构决策行为也构成影响。在此背景下,本文以2002年深沪两市制药行业上市公司为样本,对影响我国制药行业上市公司资本结构的主要因素进行了实证分析,结果表明:增长期权对债务筹集能力显著正相关;销售费用融资主要来源于长期资本;规模对公司债务筹资能力具有正效应;公司的资产担保价值与长期负债比率正相关;产生内部资源的能力与短期债务间存在相互替代性;成长性、经营风险、非债务税盾和投资对资本结构的影响不大。     

Neuausrichtung der Europapolitik

The economic power of the euro countries should be strengthened by growth incentives, in the form of an additional European growth fund, which should also be funded by financial transaction tax revenues. The current level of debt requires a strengthening of government revenues. Taxes must be collected more effectively, and tax harmonisation should eliminate imbalances in the EU. The banking union should be a central component of crisis management. Moreover, the lingering debt problem must be solved.     

Transfer pricing for aligning divisional and corporate decisions

Discussions about transfer pricing normally presume the firm's objective is to maximize profit while making the best use of existing capacity. This article differs by exploring the impact of transfer pricing on capital budget decisions. In decentralized firms, decision authority for investment is assigned to division managers whose capital budgets include revenues from internal transfers. When a selling division is under capacity, economic theory recommends a transfer price based on differential cost. Here the seller generates sufficient revenues to recoup operating costs, but not enough to recover capital costs. Consequently, division managers will reject some investments that otherwise would have increased corporate shareholder value. Market-based transfer pricing overcomes this conflict by allocating savings on inter-company transactions to the selling division. However, market transfer pricing may result in shortfalls to corporate profit. Nonetheless, we argue in favor of the use of transfer pricing on the presumption that long-term value creation takes precedence over short-term profit.     

论增值税税务筹划

增值税既能有效地保证政府财政收入,又具有税收中性的特征,越来越为世界各国普遍采用.虽然增值税是价外税,但由于税负转嫁的不完全性等因素,出于企业合法利益最大化的目的,其税务筹划具有必要性和可行性.纳税人身份的选择空间、增值税税收优惠政策和销售方式的选择规定等,给纳税人进行增值税税务筹划提供了客观条件和空间.纳税人可以根据法律的有关规定,通过对投资、经营、理财活动的事先筹划和安排,满足税收优惠政策的适用条件,尽可能取得节税的税收收益.     

Leases and Debt: Complements or Substitutes? Evidence from Belgian SMEs

This study investigates the lease–debt relationship for Belgian small and medium-sized enterprises (SMEs). Traditional finance theory suggests that leases and corporate debt are substitutes: both leases and debt are fixed, contractual obligations that reduce the firm's debt capacity. More use of leases should therefore be associated with less non-lease debt financing. However, some empirical studies find that for large firms, leases and debt are complements. A theoretical explanation for this so-called "leasing puzzle" is based on the tax advantage of leasing over debt. However, in Belgium, tax differences between lessor and lessee do not affect the choice between leases and debt, because the lessee is considered to be the fiscal owner of the assets. He may write off these assets for tax purposes, and the interest part of the lease payments are deductible from his taxable income. Leases and debt can therefore be expected to be substitutes. This hypothesis is tested for a sample of 5,595 firm-year observations for 1,119 Belgian nonfinancial SMEs in the 1995–1999 period. The results indeed provide strong support for the substitution hypothesis: more debt is associated with less leases.     

乡村债务规模、结构、风险及原因分析

农村税费改革与农业税取消之后,乡村债务问题变得更加突出,影响了农村经济生活的稳定,阻碍了社会主义新农村的建设步伐。依据实地调查资料,从债务规模、债务结构、债务风险、债务成因等方面对乡村债务问题进行分析,基本结论为乡村债务规模较大、债权人结构复杂、债务用途多样、借款利息较低及债务成因多元化。