Moral ethics v. tax ethics: The case of transfer pricing among multinational corporations

In recent years there has been an increased awareness with regards to ethics in business. More specifically, the abundance of well-publicized examples of cheating, greed, and hypocrisy has created some alarm about the general state of personal ethics (Josephson, 1988). Recent examples include the Oliver North, Ivan Boesky, and Jimmy Swaggart cases. The tax practitioner probably has little direct concern for matters of misconduct and ethical improprieties as mentioned above. Adherence to a code of conduct appears to circumvent the ethical conflict typically found in the business environment. The tax practitioner's ultimate goal is tax minimization for clients. This goal has the blessings of the courts and the writers of tax law.The present day dynamic global economic system includes organizations which have extensive international activity. In an effort to enhance the performance of these organizations, there is typically decentralization of operations. When decentralization exists it is necessary to evaluate the decentralized units. Profit centers are commonly used for this purpose. With profit centers comes the need for transfer pricing between profit centers. The transfer price should be determined in some objective fashion. However, tax minimization often is the driving force in the transfer price decision.This paper examines the compatibility of tax minimization goals, following a code of professional conduct, with moral ethics, using the transfer pricing problem in a multinational environment. A case that presents a common scenario for international firms is used as a vehicle to discuss the underlying tax and ethical ramifications.Don R. Hansen is Professor of Accounting at Oklahoma State University, Stillwater, OK, USA.Rick L. Crosser is Associate Professor of Taxation and Coordinator of Graduate Programs at Weber State University, Ogden, UT, USA.Doug Laufer is Associate Professor and Willard Eccles Accounting Research Fellow at Weber State University, Ogden, UT, USA.     

The business of ethics and the ethics of business

This is an essay in personal business ethics of executives as distinguished from the institutional ethics of corporations. Its purpose is to give practical moral guidance to executives for the conduct of their lives both as corporate decision-makers and as human beings. The pivotal concept in this model of personal business ethics is a direct appeal to the self-interest of executives in their being moral. Our thesis is that generally there is a twofold return on investment in ethics (ROIE) for executives. The first one is related to employee output: by becoming a self-actualizing moral type, executives indicate commitment to excellence. Accordingly, they so manage employees that the latter can also live up to their full potential and excell. And that would increase corporate productivity and product or service quality. The second payback of morality is personal: fully developed, self-actualized managers are generally happier people than those whose growth has been arrested. In brief, moral self-actualization is the same as commitment to excellence and there is a payback in being the best. Return on investment in ethics and return on investment in excellence can both be abbreviated as ROIE. We accomplish the purpose and establish the thesis of this essay by seeking answers to the following questions: What business does ethics have in business? What business does business have in ethics? Is there a return on investment in ethics for executives? and Does being moral help executives become more effective managers? In sketching answers to these questions, we first show why executives need a personal business ethics especially in today's world. Then, we sketch the nature of ethics and of business. After these introductory materials, the body of the paper argues for a personal business ethics for executives by correlating elements of management theory with ethics. Specifically, it links a theory of employee motivation with a scale of values, management character types with moral types, and management leadership styles with morality. Then, the practical technique of life by objectives (LBO) is explained. It can help executives manage their lives more effectively in both the business and ethical sense. We conclude by explaining ideals of excellence which can guide executives in their work and development both as managers and as human beings.     

Assessing the application of cognitive moral development theory to business ethics

Cognitive moral development (CMD) theory has been accepted as a construct to help explain business ethics, social responsibility and other organizational phenomena. This article critically assesses CMD as a construct in business ethics by presenting the history and criticisms of CMD. The value of CMD is evaluated and problems with using CMD as one predictor of ethical decisions are addressed. Researchers are made aware of the major criticisms of CMD theory including disguised value judgments, invariance of stages, and gender bias in the initial scale development. Implications for business ethics research are discussed and opportunities for future research delineated.John Fraedrich is an Assistant Professor of Marketing at Southern Illinois University of Carbondale. His areas of interest include ethical decision making and international marketing. He has published inJournal of Macromarketing, Journal of Business Ethics, Journal of Academy of Marketing Science, Journal of Business Research, Journal of Marketing Management, International Journal of Value Based Management, andJournal of International Consumer Marketing. Dr. Fraedrich is co-author of a textbookBusiness Ethics: Ethical Decision Making and Cases, Second Edition.Debbie M. Thorne is an Assistant Professor of Marketing at the University of Tampa. Her areas of interest include business ethics, social network analysis, and cultural issues in organizations. She received a Ph.D. in 1993 and has published in theJournal of Teaching in International Business and numerous conference proceedings.O. C. Ferrell is Interim Dean and Distinguished Professor of Marketing and Business Ethics in the Fogelman College of Business and Economics at Memphis State University. Dr. Ferrell was chairman of the American Marketing Association Ethics Committee that developed the current AMA Code of Ethics. He has published articles on business ethics in theJournal of Marketing, Journal of Marketing Research, Journal of Business Research, Journal of Macromarketing, Human Relations, Journal of Business Ethics, as well as others. He has co-authored ten textbooks includingBusiness Ethics: Ethical Decision Making and Cases, Second Edition, and a tradebook,In Pursuit of Ethics.     

Doin' business in an African country (business ethics and capitalism in a poor country)

The African business practice of ‘kalabuleism’, like capitalism, has at the basis of its business ethics, the belief that it is not wrong to maximise profits. Any system of distribution or marketing that permits businessmen and women to maximise profits in the sale or distribution of basic goods that are in short supply is bound to aggravate the situation for an already starving people such as are to be found in Africa. The adoption of wholesale capitalism in conditions of acute shortage of basic (as well as non-basic) goods, is unconducive to the invention or practice of or belief in Akan-like or Christian-like ethics. Hence, central planning with respect to the necessities of life seems to me to be necessary in many parts of the Third World; and the African attempt to revolutionalize business ethics merely by means of coup d'etats, is likely to be counter-productive.     

Why students take elective business ethics courses: Applying the theory of planned behavior

Despite the prevalence of elective business ethics courses, little research has sought to explain and predict why some students enroll in these courses and while others do not. Using the theory of planned behavior (Ajzen and Madden, 1986) as a theoretical foundation, 178 graduate students in Ireland were surveyed about their intention to sign up for an elective ethics class. Their behavior was measured two months later. The results reveal the power of the theory of planned behavior to explain and predict who takes elective ethics classes.Donna M. Randall is an associate professor and chair in the Department of Management and Systems at Washington State University. Her research interests include business ethics, organizational commitment, and reproductive risk in the work place. Her work has appeared inJournal of Business Ethics, Decision Sciences, Academy of Management Review, Journal of Vocational Behavior, Journal of Business Research, and others.     

A critical evaluation of Etzioni's socioeconomic theory: Implications for the field of business ethics

Given the pervasive influence of neoclassical economic theory on the field of business, the opposition of the standard economists to the inclusion of moral factors in economic decisions provides an intellectual resistance to the ideas of many business ethicists. Etzioni (1988) offers a theoretical alternative to the neoclassical model, an alternative that includes a moral dimension. This article: (1) highlights the differences between Etzioni's proposed model and the neoclassical economic paradigm; (2) describes and critically evaluates Etzioni's proposed theory in view of his objective of synthesizing the neoclassical paradigm with a duty-based morality; and (3) discusses the implications of Etzioni's proposed paradigm for the field of business ethics.Diane Swanson is an Assistant Professor of finance and economics at Robert Morris College in Pittsburgh, Pennsylvania. She is also a doctoral student in Business Environment and Public Policy at the Katz Graduate School of Business, University of Pittsburgh.     

Pluralistic business ethics: the significance and justification of moral free space in integrative social contracts theory

Integrative social contracts theory (ISCT) has been an influential theory in normative business ethics for well over a decade, drawing attention both as an object of criticism and as a source of inspiration. In this paper I argue that, despite this attention, the fact that it is a genuinely pluralistic theory, in the tradition of pluralistic theories of political philosophy, is often overlooked. It is in the notion of moral free space that this pluralism is most clearly expressed. This oversight is unfortunate for two reasons. Firstly, it prevents the potential of ISCT, as a normative theory of business ethics, from being appreciated fully; secondly, it leads us to ignore resources that could help tackle its most problematic flaws. In this second respect, I show how some of these flaws could be addressed by paying closer attention to the similarities between ISCT and John Rawls' theory of Political Liberalism.     

Accounting education,socialisation and the ethics of business

This study provides empirical evidence in relation to a growing body of literature concerned with the ‘socialisation’ effects of accounting and business education. A prevalent criticism within this literature is that accounting and business education in the United Kingdom and the United States, by assuming a ‘value‐neutral’ appearance, ignores the implicit ethical and moral assumptions by which it is underpinned. In particular, it has been noted that accounting and business education tends to prioritise the interests of shareholders above all other stakeholder groups. This paper reports on the results of a set of focus group interviews with both undergraduate accounting students and students commencing their training with a professional accounting body. The research explores their perceptions about the purpose of accounting and the objectives of business. The findings suggest that both university and professional students' views on these issues tend to be informed by an Anglo‐American shareholder discourse, whereby the needs of shareholders are prioritised. Moreover, this shareholder orientation appeared to be more pronounced for professional accounting students.     

Management development and business ethics: A view from the U.K.

This article is written in the context of current British interest in management training and development, in which an emphasis on competency is viewed critically, as technically oriented, with little attention paid to ethics and moral values. It is suggested that a concern for ethics in management development can be expressed in terms of four requisite management attributes or qualities: theoretical knowledge and understanding; affective qualities; personal and interpersonal skills; and self-knowledge. Following Kohlberg's work on moral development, the cultivation of these attributes is viewed as a life-span process involving three broadly defined forms of management development practice, each appropriate to different circumstances and stages in a learner's career. It is concluded that the conventional teaching of theory, learning from experience and counselling/mentoring, are equally important in the contribution which management development can make to the resolution of ethical dilemmas in business practice.Patrick Maclagan is a lecturer in organisational behaviour and managerial ethics at the School of Management, University of Hull, U.K., where he is also on the Steering Committee of the Social Values Research Centre, His current research concerns the relationship between management development and ethics in organisations.     

A quantitative analysis of authors,schools and themes in virtue ethics articles in business ethics and management journals (1980–2011)

Virtue ethics is generally recognized as one of the three major schools of ethics, but is often waylaid by utilitarianism and deontology in business and management literature. EBSCO and ABI databases were used to look for articles in the Journal of Citation Reports publications between 1980 and 2011 containing the keywords ‘virtue ethics’, ‘virtue theory’, or ‘virtuousness’ in the abstract and ‘business’ or ‘management’ in the text. The search was refined to draw lists of the most prolific authors, the most cited authors, the most cited articles, and the journals with the most virtue ethics publications. This information allows one to chart how virtue ethics articles have evolved through the decades and to establish ‘schools’ or clusters of authors as well as clusters of themes. The results of this quantitative analysis of authors, ‘schools’, themes, and publications provide a foundation for the future study of virtue ethics in business and management, identifying its achievements and potentials.     

European vs. American approaches to institutionalisation of business ethics: the Spanish case

This paper reports on a study of the largest Spanish corporations concerning the status of corporate ethics policies. The research project, the first of its kind in Spain, has two parts. First, the types of formal documents the companies use are analysed, including those dealing with ethical values or norms. Three groups of companies are distinguished: the first group has no formal documents dealing with ethical values, and the reasons given for not having any ethical statement are discussed. A second group has one document mentioning ethical values (generally the vision and/or mission statement), and a third group has in place two or more documents (one generic and the other more detailed, such as a code of conduct). The findings show that the latter group is more proactive than the former in implementing measures for promoting business ethics throughout the organisation. In the second part of the research, the study analyses the differences between companies whose headquarters are in Spain, Europe and USA regarding the arguments, the focus and the practices used to formalise business ethics.     

Effects of underdog (vs. top dog) positioning advertising

The study investigates individual differences in attitudes towards brands being positioned as underdogs in advertising from an emotional perspective. We argue that the personality trait of empathic concern moderates the underdog effect on brand attitude and that the moderating effect is mediated by empathic response to the advertisement. We conducted three experiments with ads using top-dog and underdog appeals. Those who have stronger empathic concern showed more favourable attitudes towards the brand advertised through underdog positioning, and the effect of empathic concern was mediated by the empathic response to the underdog positioning advertisement. For managers, targeting consumers who have high levels of empathic concern could result in more favourable attitudes towards underdog businesses when using underdog appeals.     

The power struggle between accountants and marketers and its consequences for business ethics in the U.K.

The dominant managerial discipline in U.K. companies is finance. Accountants are often viewed as being concerned with what is measurable, definite and controllable. The emphasis is on professional conduct, independence, objectivity, technical competence and confidentiality. This paper explores the concept that the growth of professionalism has created an environment in which functional specialists have different ethical perspectives. The pre-eminence of accountants is now being challenged by the marketers, a profession that takes a much wider view of business ethics. This development is bound to have implications for corporate perspectives on business ethics. The paper gives the views of a focus group of managers from other disciplines on the relations between accountants and marketers, and analyses the potential for better understanding between the two groups and the implications of this for business ethics.     

A study of the effect of age and gender upon student business ethics

The present survey was voluntarily and anonymously completed by 2,196 students enrolled in business courses at the University of Southern Mississippi. The intent of the survey was to determine whether or not age or gender played a role in a person's perception of proper ethical conduct.The findings suggests that gender is a significant factor in the determination of ethical conduct and that females are more ethical than males in their perception of business ethical situations.Students were divided into groups according to age as follows: under 21 years, 22–30 years, 31–40 years, and 40 plus years. The results of this survey also suggest that age is a determining factor in making ethical decisions. The statistics suggest that those students falling in the 40 plus years age group were the most ethical, followed in order by the 31–40 group, the 22–30 group and those of 21 years of age and under.Durwood Ruegger is currently an Associate Professor of Finance and General Business at the University of Southern Mississippi. Prior to joining the University, he was a practicing attorney and former municipal judge. His publications have appeared in theJournal of Health and Human Resources Administration, Labor Law Journal, Business Insights, andThe Practical Real Estate Lawyer.Ernest W. King is an Assistant Professor of Finance and General Business at the University of Southern Mississippi. He is a member of the Florida and Washington, D.C. Bars. His publications have appeared inBusiness Insights, Nursing Administration Quarterly, and theCPCU Journal.     

Social ethics and the emergence of advertising in China: Perceptions from within the great wall

While interest in doing business continues to rise steadily, information concerning the evolving social ethics of Chinese managers is sparse. This study reports the findings obtained from intensive interviews with thirty-nine Chinese advertising executives. In general, there appears to be developing a cautious optimism about the role of advertising in the Chinese economy. Findings are compared with earlier studies of American and Hong Kong managers and it is suggested that further research and observation is needed to track the development of business ethics in this largest of the world's developing nations. His most important publication is: ‘The Nature of Importance Perceptions: A Test of a Cognitive Model’,Organizational Behavior and Human Performance (April, 1983).     

Toward an encompassing theory of business marketing relationships (BMRS) and interpersonal commercial relationships (ICRS): An empirical generalization

This paper explores business marketing relationships (BMRs) and interpersonal commercial relationships (ICRs). The literature in these two areas is analyzed to develop an overarching theoretical understanding of how marketing relationships function in the marketplace. The authors create empirical generalizations by analyzing the interrelationships among constructs that researchers have studied in a variety of operationalizations and settings during the past decade. This analysis is used to build a conceptual model for marketing relationships as they are studied in BMRs and ICRs. The authors then compare the models in order to develop a higher-level conceptual understanding of relational phenomena.     

Conflicting obligations,moral dilemmas and the development of judgement through business ethics education

Learning to address moral dilemmas is important for participants on courses in business ethics and corporate social responsibility (CSR). While modern, rule‐based ethical theory often provides the normative input here, this has faced criticism in its application. In response, post‐modern and Aristotelian perspectives have found favour. This paper follows a similar line, presenting an approach based initially on a critical interpretation of Ross's theory of prima facie duties, which emphasises moral judgement in actual situations. However, the retention of a modern element is suggested, with an invitation to hypothetically universalise detailed proposals for action, following Hare. This further step may reassure students/managers who seek additional closure in their decision‐making. Some pedagogical implications are also briefly raised regarding the use of case material and the need to recognise questions of social interaction and personal character as features of dilemma resolution in actual organisational contexts.