Gold and tax capitalization: A natural experiment

This research examines whether U.S. income taxes are capitalized into gold coin prices. For years, the American Eagle (Eagle) was the sole gold coin to be IRA eligible. The Taxpayer Relief Act of 1997 expanded eligibility to include all other gold coins beginning on January 1, 1998, except the South African Krugerrand (Rand). In this natural quasi-experiment, we examine whether gold coin prices reacted to the change in IRA-eligibility. Results are largely consistent with the capitalization of implicit taxes in gold coin prices. When legislation allowing IRA eligibility of both the Canadian Maple Leaf (Maple) and the Rand was introduced, the prices of both coins increased relative to the Eagle. When final legislation excluded the Rand from IRA eligibility, but not the Maple, the Rand's price declined while the Maple's did not. The findings contribute to the tax capitalization literature and the effects of interjurisdictional taxation in integrated global markets.     

Consumer insolvency in Australia

This paper seeks to identify and assess the features of Australian bankruptcy regulation as they apply to consumer insolvency. Although Australian bankruptcy law makes no explicit recognition of ‘consumer bankruptcy’ as a regulatory target in itself, the Australian legislation nevertheless has a number of features that impact on what would generally be seen to be consumer bankrupts. After providing an outline of the legislative framework within which consumer bankruptcy operates, the paper examines the consumer insolvency aspects of this legislation, together with an assessment of proposed reforms. Some brief comparisons of the ‘consumer’ features of Australian regulation with that of the more fully developed consumer provisions of the Canadian and the United States bankruptcy legislation, are made in order to highlight the Australian position. The Australian Act has historically drawn heavily on English bankruptcy legislation but inevitably Australia has to some extent developed along its own path. Notable is the reasonably vigorous approach to discharge from bankruptcy. The proposed reforms to the Bankruptcy Act, which have followed a detailed consultative process, are largely directed to consumer debtors. Some of these reforms are directed against a perceived debtor abuse of the bankruptcy system. Other reforms, such as increasing the availability of debt agreements, are more generous to insolvent debtors. On the whole the reforms appear to be based more on political than empirical grounds.     

A comparative analysis of the Australian and New Zealand liquidation schemes

On September 28, 2022, Australia announced an inquiry into the effectiveness of its corporate insolvency laws. The Australia and New Zealand corporate insolvency frameworks have similar objectives and operate in a similar context where, as is the case the world over, most companies are small to medium enterprises. Despite liquidation being just one of several collective and formal corporate insolvency procedures, it is the most frequently occurring procedure in both countries by a large margin. The Australian and New Zealand liquidation schemes have many similarities but also some key differences. Differences include the structure of the respective schemes; the levers prompting liquidation of companies in appropriate circumstances; the role of creditors, the court and the regulator; and the management of low-value and assetless liquidations. These differences are analysed to determine what, if anything, the New Zealand scheme might contribute to development and/or reform of Australian corporate insolvency law. As consistency and coordination with Australian insolvency law is a New Zealand policy aim, the lessons the Australian scheme might have for New Zealand are also considered. Many of the points on which the Australian and New Zealand liquidation schemes differ are of universal concern (such as the management of low-value liquidations), meaning that the nature and success (or otherwise) of the Australian and New Zealand responses are of wider, comparative interest.     

The Australian insolvency regime revisited: a precis of the next leap forward

Australian corporate insolvency laws contained within Chapter 5 of the Corporations Act are currently being reviewed with respect to four principal areas identified by Australian Government Treasury. The four themes of review include employee ‘benefit’ enhancements; seeking to deter misconduct of company officers; rules around insolvency practitioner disclosure with respect to their remuneration and related independence issues; and some minor proposed changes to the voluntary administration procedure, widely regarded as requiring only minor adjustment. At this time, the draft legislation is not available for general release and is being discussed within the Australian Government appointed Insolvency Law Advisory Group. The next steps are public comment for review of draft legislation and then operation of the legislative change. These are expected to occur in 2007. This paper seeks to outline the likely issues associated with the expected reforms of the Australian insolvency regime. Copyright © 2006 John Wiley & Sons, Ltd.     

An analysis of the association of demographic variables with the cognitive moral development of Canadian accounting students: an examination of the applicability of American-based findings to the Canadian context

This study describes the association between demographic variables and the moral development of 214 accounting students enrolled in an English-Canadian university and compares it with the moral development of American accounting students. The results of this research indicate that demographic associations identified in American-based accounting-ethics research are found to apply to the Canadian sample. Similar to US-based findings, the moral development of the sample of Canadian accounting students is associated with both years of education and gender, with no significant association with age or audit experience. However, the results of this study do not support Ponemon and Gabhart’s (1994) supposition that the difference in the level of moral development between Canadian and American professional accountants may reflect a difference in level of moral development between Canadian and American accounting students. Furthermore, the results of this study indicate that there may a significant difference in level of moral development between Canadian accounting students with and without English as a mother-tongue.     

我国《合伙企业法》中“信赖规则”适用的若干问题——以有限合伙人执行合伙事务为视角

有限合伙人不得参与企业的经营管理,为多数国家立法确立的共同规则。但对有限合伙人参与企业经营的法律后果,美国制定法有明确的规定,德国法则没有明确规定,只能通过代理制度进行确定。我国有限合伙制度,立法蓝本借鉴美国《统一有限合伙法》。而对有限合伙人参与企业经营的法律后果的立法模式却类似于德国。尽管我国《合伙企业法》确立的"信赖规则"移植于美国,但其适用范围不能解读为与美国相同,应该进行限制性解释,即只有在有限合伙人以合伙企业名义对外交易构成表见代理时,方可适用。     

A comparison of voluntary and mandated climate change-related disclosure

This study draws on legitimacy theory to investigate the relationship between mandatory disclosure of greenhouse gas emissions by companies that are subject to specific environmental legislation (the Australian National Greenhouse Energy Reporting Act 2007) and the level of voluntary environmental disclosures. Using a sample of 535 observations, we find that i) Overall, legislation-affected companies increase their disclosures compared with non-affected companies, ii) As many companies reduce their disclosures as increase them, iii) there is an increase in the level of emissions volume disclosures in legislation-affected companies compared with the same company pre-implementation, iv) legislation-affected higher emitters have higher levels of voluntary disclosures. These findings are consistent with legitimacy theory, which predicts differential disclosures in circumstances to avoid scrutiny.     

Tax Law Improvement in Australia and the UK: The Need for a Strategy for Simplification

In both Australia and the UK, programmes are under way to simplify tax legislation by rewriting it. This paper demonstrates that tax simplification is a complicated concept and concludes that sustainable improvement is unlikely to be achieved if reform is limited only to linguistic changes. Tax law is complicated because there are powerful pressures that tend to increase the complexity of modern tax systems and these should also be considered in any simplification programme. In addition, tax simplification may be promoted by the greater use of purposive legislation — that is, legislation drafted in terms of general principles rather than much more comprehensive legislation designed to deal with every likely possibility. The paper examines the progress of the Australian Tax Law Improvement Project and argues that what is needed is a strategy for tax simplification that is incorporated into the process of generating tax policy itself. JEL classification: H20.     

Harmonising with Overseas Accounting Standards: A New Zealand Perspective

Standard-setting in New Zealand has graduated from the early wholesale adoption of overseas pronouncements to an autonomous approach which recognises unique characteristics of the country's legislation and culture. However, close cooperation is observed with Australian standard-setting.     

中美刑事诉讼简易程序之比较

美国的辩诉交易制度是美国用以解决刑事案件积压严重与司法资源相对短缺的突出矛盾的一项极为有效的司法制度。辩诉交易这样一种美国式简易程序在我国的司法实践中已屡次出现。它同我国的简易程序有什么异同?我们究竟应当如何对待辩诉交易制度?在我国同样面临着案件积压及司法资源相对短缺的尖锐问题,尤其是在我国正在进行司法改革的大背景下,如何正确解决这一问题,并且避免盲目移植美国的辩诉交易制度已成为我国目前理论界讨论的重点。本文拟对美国辩诉交易程序与我国简易程序作一比较研究,并对一些问题进行探讨。     

International income-shifting regulations: Empirical evidence from Australia and Canada

This study examines market reactions to two different approaches to reduce income shifting in an international setting. The two methods are described and event studies are performed using stock market data from Canada and Australia. Samples of companies from both countries are partitioned into firms predicted to be affected versus unaffected by each country's event. Australia's regulation taxes profits arising in low-tax subsidiaries at Australian rates. Canada's method defines acceptable transfer prices (arm's-length transactions) and describes enforcement and audit policies. We find evidence of stock market reactions on some of the event dates for Australian and Canadian firms affected by these two approaches.     

A closed-form solution to American options under general diffusion processes

This paper investigates American option pricing under general diffusion processes. Specifically, the underlying asset price is assumed to follow a diffusion process in which both the dividend yield and volatility are functions of time and the underlying asset price. Using the generalized homotopy analysis method, the determination of the early exercise boundary is separated from the valuation procedure of American options. Then, an exact and explicit solution for American options on a dividend-paying stock is derived as a Maclaurin series. In addition, the corresponding optimal early exercise boundary and the Greeks are obtained in closed-form solutions. A nonlinear sequence transformation, the Padé technique, is used to effectively accelerate the convergence of the partial sums of the infinite series. As the homotopy constructed in this paper is based on a generalized deformation with a shape parameter and kernel function, the error of the homotopic approximation could be reduced further for a fixed order. Numerical examples demonstrate the validity, effectiveness, and flexibility of the proposed approach.     

Integration vs. Segmentation in the Canadian Stock Market

This paper examines the issue of integration versus segmentation of the Canadian equity market relative to a global North American market. We compare the international and domestic versions of the CAPM, and find that integration, or the mean-variance efficiency of the global market index, is rejected by the data. Segmentation is the preferred model, based on a maximum likelihood procedure correcting for thin trading. We further divide the sample into securities that are interlisted in Canada and the U.S., and those that are not. Integration is rejected for both groups, which indicates that the source of segmentation can be traced to legal barriers based on the nationality of issuing firms.     

Canadian Evidence of Adherence to “Comply or Explain” Corporate Governance Codes: An International Comparison

This study documents the rate of compliance by Canadian public firms with corporate governance recommendations imposed by the Canadian Securities Administrators. Canada uses a “comply or explain” governance structure in which harmonized provincial regulation establishes mandatory disclosure of governance practices. Firms can be compliant with these requirements either by voluntarily adopting the recommended best practices (i.e., adopt) or by explaining the alternative practices implemented to achieve the same governance principle (i.e., explain). Firms that fail to comply (i.e., neither adopt nor explain) are in violation of Canadian securities regulation with respect to governance. Using a hand‐collected sample of 742 Canadian public companies and 16 governance recommendations, our results show that an average of 82 percent of firms complied by adopting the best practice and an additional 4 percent complied by explanation. Our study also shows that 39 percent of Canadian publicly traded firms were completely compliant with all 16 recommendations examined in this study, either by adoption or explanation. To provide a broader context for these results, we compare rates of compliance in Canada to rates in Australia, a country broadly similar to Canada with comparable governance recommendations. The Australian Securities Exchange supplied data sample of 1334 Australian companies reports a complete compliance rate of 74 percent compared to Canada's 39 percent complete compliance rate. Our analysis shows that compliance by adoption of best practice is more common in Canada, whereas compliance by explanation is more common in Australia. In our analysis of compliance with individual recommendations, we find that half of the recommendations are more likely to be complied with in Australia, and the other half are more likely to be complied with in Canada.     

A test of the firm characteristics hypothesis for LIFO choice of Canadian firms

This paper examines whether characteristics of Canadian firms can explain the observed difference in the use of LIFO for valuing inventory between the U.S. and Canada. Characteristics that help explain the choice between LIFO and FIFO use in the U.S. are used to compare Canadian firms to U.S. LIFO users and FIFO users separately. If Canadian firms are characteristically similar to U.S. FIFO users, then the firm characteristics hypothesis would be supported and LIFO would be infrequently used in Canada because few firms are LIFO-like in their underlying characteristics. Univariate nonparametric tests are used to compare U.S. and Canadian firms in the same industries on both an unmatched and matched basis. The results of this comparison indicate that Canadian average cost firms have more characteristics in common with U.S. LIFO users than FIFO users and Canadian FIFO firms have characteristics like both U.S. FIFO and U.S. LIFO firms. Logit models were estimated using the U.S. firms. These models predict that between three and 28% of Canadian firms would use LIFO. Thus, the firm characteristics explanation for infrequent use of LIFO in Canada is not supported by the data. These results imply that several Canadian firms may use LIFO if the institutional setting in Canada was more like that in the U.S.     

PERFORMANCE AUDITING: THE JURISDICTION OF THE AUSTRALIAN AUDITOR-GENERAL - A NOTE OF CLARIFICATION

Much confusion has arisen in recent years concerning the audit mandate of the Australian Commonwealth Auditor-General. It is this author's contention that this mandate is, in practice, little different to that afforded to his Canadian and United Kingdom counterparts. That is, he has a mandate that permits him to examine the economy and efficiency of operations as well as the effectiveness of management of departments and other Commonwealth bodies.     

Insolvency law: a comparative analysis of the preference tests in the Hong Kong Special Administrative Region (HKSAR) and Australia

This paper examines the unfair preference tests under corporate insolvency legislation in the Hong Kong Special Administrative Region (HKSAR) and Australia and undertakes a comparison of the law as it exists in relation to the tests in these jurisdictions. It suggests that the objective effects‐based test used in the Australian provisions may be more effective in terms of challenging unfair preferences than the subjective ‘desire’ test based on the actual or presumed intention of the debtor company used in HKSAR. Copyright © 2007 John Wiley & Sons, Ltd.     

Firm Characteristics,Shareholder Sophistication and the Incidence of a ‘First Strike’ Under the ‘Two Strikes’ Rule in Australia

To restrain ‘excessive’ executive pay, Australia introduced new legislation in 2011, commonly known as the ‘two strikes’ rule. This rule has predictable consequences for publicly listed firms and their directors. In this study, we investigate which firm characteristics are associated with the incidence of a ‘first strike’ under the two strikes rule. We find that the incidence of a first strike is positively associated with higher levels of CEO pay, lower ownership concentration, smaller firm size, higher level of institutional ownership and CEO duality. Additional analysis suggests that shareholders fail to differentiate between CEO pay, which is related to the economic characteristics of a firm, and the pay that is not related to firm characteristics. This finding suggests that, unlike US shareholders, Australian shareholders do not appear to have a sophisticated understanding of CEO pay structure.     

THE DETERMINANTS OF MARKET BID ASK SPREADS ON THE AUSTRALIAN STOCK EXCHANGE: CROSS-SECTIONAL ANALYSIS

Prior research into the cost of trading on the Australian Stock Exchange has identified brokerage fees and the bid-ask spread as significant elements of total transaction costs. While an enormous volume of research has examined the determinants of spreads in US markets, no work has so far addressed the issue for the Australian market-place. Given the importance of spreads as a transaction cost, this work redresses this imbalance and at the same time provides evidence on whether alternative market structures underlying different exchanges give rise to differences in the determinants of spreads. Using prior US research as our benchmark, our results suggest that notwithstanding microstructure differences between the Australian and US exchanges, there are three fundamental determinants of spreads that transcend differences in the market-places. These are the level of trading activity, price volatility and stock price levels. Together these three factors account for up to 94% of the total cross-sectional variation in percentage bid ask spreads on the ASX.     

‘Putting your money where your mouth is’ A profile of ethical investors

This research sought to determine why people chose to invest in Earth Sanctuaries Limited (ESL), which conserves ecosystems and breeds endangered species as its corporate mission, an unequivocally ethical objective. Investors were surveyed to assess the relative importance of financial versus ecological considerations. Demographic and investor behavior attributes of ESL shareholders were compared with those of Australian shareholders as reported by an Australian Stock Exchange survey. The results showed that the environmental mission of ESL took pre-eminence over financial considerations for these investors. Comparison of the two groups revealed significant differences in most variables.