企业纳税筹划外文文献翻译
文献出处:MUCAI G P, KINYA G S, NOOR A I, et al. Tax Planning and Financial Performance of Small Scale Enterprises in Kenya[J].2014:3:1236-1243.
原文 Tax Planning and Financial Performance of Small Scale Enterprises in Kenya
MUCAI G P, KINYA G S, NOOR A I
Abstract
In order to ensure the efficiency and effectiveness of activities, reliability and compliance with applicable laws, small scale enterprises need to have adequate tax controls. The study sought to find out the extent to which expenditure on capital assets in tax planning, to determine how tax planning by Capital Structure influence performance of small enterprises, find out how tax planning through Advertisement expenditure influence performance of small enterprises and to assess how tax planning through Legal Forms of enterprise influence performance of small enterprises in Embu CBD. The study had a total population of one hundred and forty nine respondents and a sample of 30 percent was drawn from each stratum. The data was then presented in form of Percentages and Tables. The study found the influence of tax planning by capital structure, tax planning in investment, capital asset planning through advertisement expenditure and found that the Legal Forms of small enterprises in Embu CBD has no significant relationship. The study recommends that small scale enterprises should be ready to seek advice on tax planning. Further to this, the study recommends that there is need to have NGOs to sensitize the respondents as to the need to do formal tax planning as it could increase their Business profitability. Key Words: Tax Avoidance, Tax Evasion, Tax Planning, Capital Structure.
Introduction
The concept of taxation has been a concern of global significance as it affects every economy irrespective of national differences (Oboh et al., 2012). Within the
context of Africa, tax, a concept as old as mankind can be described as an amount, effort, contribution or service rendered either in kind (goat, cow, farm produce, clearing of grass etc.) or monetary value contributed into a common purse for the running of the society. According to Omotoso (2001), in his definition of the modern taxes, defined tax as a compulsory charge imposed by a public authority on the income of individuals and companies as stipulated by the government decrees, acts or case laws irrespective of the exact amount of services rendered to the payer in return. Thus, taxes constitute the principal source of government revenue and the beauty of any government is for its citizen to voluntarily execute their tax obligations without much coercion and harassment (Adedeji and Oboh, 2012).
Tax evasion and fiscal corruption have been a general and persistent problem throughout history with serious economic consequences, not only in transition economies, but also in countries with developed tax systems (Raza, 2011). In general, tax evasion and corruption can have ambiguous effects on Economic growth: tax evasion increases the amount of resources accumulated by entrepreneurs, but it also reduces the amount of public services supplied by the government, thus leading to negative Consequences for economic growth (Roy and Raffaella, 2011). Previous studies highlight reports of declining effective tax rates and a rising proportion of firms that report little or no tax liability. To date, the maintained assumption in much of the literature is that aggressive tax behavior, rather than economic trends, is the driving factor behind this decline (Desai and Dharmapala 2009).
The Kenya Revenue Authority (K.R.A) is the tax collection agency of Kenya. It was formed July 1, 1995 to enhance tax collection on behalf of the Government of Kenya. It collects a number of taxes and duties, including: value added tax, income tax and customs. Since KRA's inception, revenue collection has increased dramatically, enabling the government to provide much needed services to its citizenry like free primary education and Health Services to all. Over 90% of annual national budget funding comes from local taxes collected by the KRA (GOK, 2010).
It is however important to establish whether the observed increased revenue collection effectiveness has resulted from aggressive tax management by Kenya Revenue Authority (KRA) or whether it is, in part, due to increased use of the new economy business model. This is important because the sources of tax avoidance have distinct policy implications. The policy response to tax avoidance arising from aggressive tax schemes and investments in tax planning is likely to be very different from the response to tax avoidance stemming from a shift in many firms' organizational, operating, and financing attributes, which enable them to exploit their operating flexibility to naturally align with tax incentives that generate tax savings (Drucker 2006).
The decreasing trend in effective tax rates may not be solely due to aggressive tax management but Rather, firms' modifications to their business models resulting from changing economic trends potentially enabling them to reduce tax burdens without additional investments in tax planning (Blouin, and Larcker 2011). Performance of Small Enterprises
Different approaches are used for performance evaluation in which goal approach, time frame approach, balanced scorecard , system approach, and ineffectiveness approach are included (Jean-Francois, 2004). In stakeholder approach, centre of attention is the ability of a business to meet the needs and expectations of its stakeholders (Daft, 1995).Competing values approach expands the range of other approaches.
By using competing values approach, four other models are developed in which rational goal; internal process, open system and human relations are included (Quinn and Rohrbaugh, 1983). Performance of an organization can be evaluated by focusing on problems and retarding factors that inhibit the performance of organizations (Camaron, 1984). Out of the above mentioned approaches, goal approach is the superlative approach to evaluate the performance due to its straightforwardness (Pfeffer and Salancik 1978). Most trendy approach of performance evaluation of
SME's is balanced scorecard approach. Balanced scorecard has four dimensions in which financial growth, quality, customers and learning growth is built-in (Kaplan and Norton, 1992).Balance scorecard actually focuses on maintaining symmetry between monetary and non monetary measures (Neely et al. 1996).
Book-tax differences, on average, are systematically related to earnings growth, future stock returns, and earnings persistence (Hanlon, 2005) and among other implications, book-tax differences are useful measures in evaluating firm performance. Consistent with these studies, Shevlin (2002) and Hanlon, Laplante, and Shevlin (2005) find that while book income explains a firm's annual stock returns better than estimated taxable income, estimated taxable income, on average, has incremental explanatory power for book income. However , there is little evidence regarding taxable income as an alternative performance measure and, in particular, cross-sectional differences in firms that mitigates or enhances the ability of taxable income to inform investors regarding firm performance (Lev and Nissim, 2004).
Some SME's compare their performance with that of other SME's. They evaluate their performance by means of comparative analysis. Performance can also be evaluated by means of ineffectiveness approach. In ineffectiveness approach, focus is on the factors that hampers the feat of organizations. Therefore this study seeks to investigate the extent to which Tax Planning influences Financial Performance of Small Enterprises in Embu town CBD
Tax Planning
The implementation situation of SME income tax planning is distorted tax planning, that is to say, on the one hand, more and more SME pay tax in accordance with the law, and on the other hand, because of the role of the interest mechanism and other various reasons, more and more SME tax-related cases appear (Karing and Wanjala, 2005). According to the survey, the vast majorities SME have not yet started or are considering carrying out tax planning, which can not fight for the legitimate tax interests and ruin financial interests leading to a large number of emerging additional
tax burden (Fjeldstad and Rakne, 2003). In addition, SME tax planning is treated unreasonable. Due to the limitations of the concept, SME tax planning activities often encounter misunderstanding, punishment and censor from some basic taxation law enforcement agencies (Karing and Wanjala, 2005).
Tax law is said to be barely connected with the universe and with universal law as we understand it. However, tax law is founded not only on principles but also on practicality. There is no element of perpetuity about tax law, only the constant clash of the immediate and semi permanent (Kibua and Nziok, 2004). A State cannot run a democracy well without taxation and a taxation system cannot be run well without democracy. Oliver Wendell Holmes has said on one occasion, "Taxes are what we pay for civilized society" (Neely et al. 1996).
Statement of the Problem
Tax reform today has been moving towards considering new legislation, such as whole new taxes or reliefs, rather than patching of existing taxes by either increasing or decreasing the amount of taxation. This breaks down into the fact that there are ongoing considerations of widening the tax base. Kenya is no exception to this and there are ongoing considerations into taxing the informal or "jua kali' sector including the taxation of the "mitumba', the second hand clothing industry as well as the taxation of all informal tax payers of small amounts.
A question that appears to generate surprisingly little debate in Kenya is the scope for legally mitigating taxes payable by individuals and corporate entities. Tax planning is bound to gain increasing significance with the ever greater aggressiveness and sophistication of the Kenya Revenue Authority and other tax collecting bodies. The trend of increased aggressiveness and sophistication in tools and methods is occurring against a backdrop of a public policy of domestic sources being the primary sources of revenues for budgetary purposes. This results in governmental pressure on tax collecting agencies to improve their revenue collection performance. The result of this trend is the more stringent enforcement of taxation laws. The past and present
practice by many of outright evasion is, and likely will continue to be, fraught with risk.
Examining the relation between the new economy business model, tax avoidance and investments in tax planning is important as previous Studies in the tax avoidance literature generally examine how specific firm attributes are related to tax avoidance independently, rather than investigating how firms' overall business models facilitate or hinder effective tax planning (Frank, Lynch, and Rego 2009). Hanlon and Heitzman (2010) argue that despite the much literature, these do not explain the variation in tax avoidance very well. Therefore due to this and such seemingly inexorable trends, the question of tax mitigation by legitimate avoidance naturally occurs. This study intends to find out the influence of small Enterprises tax planning within the current legal environment so as so minimize their tax burden.
Conclusion
Due to the corruption levels, low business growth, and management of public finances in the economy, where there is a great extent of corruption, has a related to a high level of tax evasion and the study concluded that there was no relationship between tax planning in investment in capital asset and performance of small enterprises in Embu CBD. The study concludes no significant relationship. The study concludes also that no significant relationship exists between tax planning through advertisement expenditure and performance of small enterprises in Embu CBD and also concluded there was no significant relationship the Legal Forms of enterprise tax planning and performance of small enterprises in Embu CBD.
Recommendations
The tax authorities should address the lack of formal tax planning as this may be a way of evading taxation in the name of tax avoidance. The small scale enterprises should also be ready to open up to advice on tax planning to make savings lather than playing a hide and seek game with tax authorities. Further to this, the study
recommends that there is need to have NGOs to sensitize the respondents as to the
need to do formal tax planning as it could increase their Business profitability Implications on Policy Theory and Practice
This study though confined to investigate the influence of tax planning on
financial performance of small scale enterprises has established that little tax planning take place among the small enterprises and therefore tax Authorities and the chamber of commerce should write a position paper to address the awareness and use of tax planning by small scale enterprises. This would improve the growth rate of the small enterprises and there after the growth of the economy.
译文
肯尼亚小规模企业的纳税筹划与财务业绩
保罗,萨洛姆,努尔
摘要
为了确保活动的效率和有效性,适用性法律的可靠性与遵从性,小规模企业需要有足够的税收管制。本研究旨在探究纳税筹划中固定资本支出的程度,确定纳税筹划如何通过资本结构影响中小企业的效益,找出纳税筹划通过广告支出影响中小型企业的绩效,并评估企业纳税筹划如何通过法律形式影响中小企业在CBD的绩效。这项研究的总人数包括一百四十九受访者,其中每30%是来自同一个社会阶层。然后数据以百分比的形式和表生成。研究发现通过资本结构,纳税筹划的投资,广告告支出的固定资产计划对纳税筹划的影响,我们发现CBD中小企业的法律形式没有显著关系。研究建议,中小企业纳税筹划应该积极寻求建议。进一步的研究建议,非政府组织应当鼓励受访者做正式的纳税筹划,以增加他们的业务盈利能力。
关键词:避税,逃税,纳税筹划,资本结构
引言
税收的概念一直是全球关注的话题,因为它会影响每一个国家的经济。在当前的非洲,税像人类一样古老,可以被描述为一个数量,努力, 以实物贡献或服务呈现 (羊、牛、农产品,清扫的草地等)或货币价值贡献到一个共同的社会运行中。根据奥墨托(2001)的观点,其将现代税收的定义描述为公共机关强制收取的政府法令规定的个人或公司的收入,规定的行为或情况下,法律不考虑服务呈现的确切数量是否能作为对付款人的回报。因此,税收是政府财政收入的主要来源,任何政府的美妙之处在于其公民自愿执行他们的税收义务而没有胁迫和骚扰。
逃税和财政腐败已经成为整个历史上普遍和持久性的问题,它会带来严重的经济后果,不仅是在转型经济时代,在国家税收制度发展时代也是如此(瑞
兹,2011)。一般来说,逃税和贪污腐败对经济增长的影响具有两面性:逃税能增加企业家所积累的资源数量,但同时也降低了政府提供的公共服务数量,从而对经济增长带来负面影响(罗伊和艾拉,2011)。以往的研究强调关于有效税率下降的报告和比例上升的公司根本没有纳税义务。迄今为止,许多文献中保持架设是激进的税收行为,而不是经济趋势,这是下降背后的驱动因素(德赛和帕拉,2009)。
肯尼亚税务总局(K.R.A)是肯尼亚的税收征管机构。1995年7月1日成立,代表肯尼亚政府加强税收征管。它收集大量的税收和关税,包括:增值税、所得税和关税。肯尼亚税务总局在成立之初,收取税款急剧增加,使政府为其公民提供急需的免费初等教育和健康服务等。超过90%的年度国家预算资金来自肯尼亚税务总局在当地的税收。
然而,重要的是确定不断增加的的税收收入效应是否使得肯尼亚税务总局形成激进的税收管理,在某种程度上,应当归因于增加使用新经济商业模式。这是很重要的,因为避税的来源有不同的政策影响。避税的政策回应主要是由激进的税收计划和投资纳税筹划引起,由于许多公司组织的转变、运营和融资属性不同而不同,这能使他们自然地利用他们的操作灵活性,结合税收激励产生税收节约额(德鲁克,2006年)。
有效税率的下降趋势可能不完全是因为激进的税收管理,公司改变他们的商业模式带来的经济趋势可能会使他们减少税收负担没有额外的投资纳税筹划(布
莱茵和拉克尔,2011)。
中小企业的绩效
不同的方法用于绩效评价的研究途径,包括时间框架法,平衡计分卡,系统方法和无效率的方法(珍-弗朗索,2004)。在利益相关者方法中,关注的中心是以满足利益相关者的需求和期望的业务的能力 (达福特,1995)。竞值途径扩展了其他方法的范围。
通过使用竞值途径,其他四个模型被开发:合理目标;内部过程,开放系统和人际关系(奎因和罗哈博夫,1983)。通过关注问题和阻碍因素可以评估组织的绩效,抑制组织效能(卡马龙,1984)。上述方法,研究途径是评估组织绩效的最好方法 (菲费尔和萨兰西克1978)。中小企业绩效评估最时尚的方法是平衡计分卡方法。平衡计分卡的四个维度分别为,金融增长、质量、客户和学习成长 (卡普兰和诺顿,1992)。平衡计分卡实际上侧重于维护货币和非货币措施之间的对称(尼利,1996年)。
账面税差异,平均而言,与盈利增长、未来股票收益和收益持久性系统相关(汉龙,2005),账面税差异是评估公司绩效的有用措施。与这些研究一致,什林(2002)和安隆,拉普朗特,什林(2005)发现,尽管账面收益反映了公司的年度股票收益好于预计的应纳税所得额。然而,几乎没有证据表明以应纳税所得额为另一种衡量工作表现的方法,尤其是, 公司代表性差异减轻或增强的能力,应纳税所得额告知投资者公司业绩(列夫和尼西姆,2004)。
一些中小企业与其他中小企业比较业绩。他们通过对比分析他们的绩效。绩效还可以通过无效的方法进行评估。在无效率的方法中,重点因素妨碍了组织的功绩。因此本研究旨在探讨税收筹划在多大程度上影响中小企业的财务业绩。 纳税筹划
实现中小企业所得税筹划是扭曲的税收筹划,也就是说,一方面,越来越多的中小企业依法纳税,而另一方面,由于利益机制的作用以及其他各种原因,越来越多的中小企业涉税案件出现(万贾拉,2005)。调查显示,绝大多数中小企业尚未开始或正在考虑实施纳税筹划,浙江不能争取合法税收利益,并破坏经济利益以致大量新兴的额外税收负担。(完整译文请到百度文库)此外,中小企业纳税筹