Our researchers publish in a wide range of national and international publications, and regularly contribute to public commentary on key law issues.
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The Tax Law Research Group (TLRG) focuses on collaborative, qualitative and qualitative research across the taxation arena ranging from corporate and income taxation to energy and mineral resources taxation, taxation sanctions, international taxation and goods and services taxation.
Our aim is to develop cross-disciplinary projects to undertake research on taxation law and policies that are impactful and accessible for the general public, the profession, the academic community, law enforcement and law-makers communities. We employ a number of mechanisms to achieve this including:
This interdisciplinary research explains the science of biofuels advancements through the lens of energy justice theory.
Investment is needed to promote the important role of biofuels in the transition of the Australian energy market towards a sustainable future. Appropriate policy, laws, and regulations are essential drivers of such investment and the ultimate success of the Australian biofuels sector.
To achieve this end, our aim is to contribute to the progression of Australia’s policies and laws on biofuels. Thus we will re-think the outcomes of major technical studies on biofuels published in Australia between 2007 and 2014 as well as the latest developments in first generation biofuels, such as ethanol and biodiesel. We will also examine selected biofuel development in the EU. Given the outcomes of these types of studies have been generally evaluated on the basis of economic benefit, the purpose of our revisiting these publications is to widen the analysis to include environmental (climate change mitigation and biodiversity protection) and political (energy security) considerations.
This inter-disciplinary research will use empirical qualitative methods to address a number of questions. Are there further technology breakthroughs needed? What is still valuable in the previous biofuels studies? Can current developments on biofuels be transitioned to policy in Australia?
These questions have been developed by reference to the advanced state of biofuels, policies and law outside of Australia, and the contention that economic benefit is no longer considered the sole criteria for evaluating non-renewable and renewable energy projects.
This project is funded by the Monash Energy Materials and Systems Institute (MEMSI).
The qualitative method of narrative is used to piece together the outcomes of major technical studies on biofuels published in Australia between 2007 and 2014 as well as the latest developments in first generation biofuels, such as ethanol and biodiesel. We use the same method to describe the state of biofuel energy policy in Australia and make comparisons to the policies of a selected EU country.
Research and development of biofuels technology has continued strongly in the USA, Europe and Asia over the past decade, much of it aimed at increasing sustainability and lowering costs of fuel production. There will be a systematic review of this activity and conclusions drawn as to the technology readiness and greenhouse gas mitigation of the leading options in this field. This technical review of biofuels development will inform the policy and legal reviews undertaken as part of the project.
To discuss the research findings, the analytical framework is energy justice theory.
Regulating cryptocurrencies is a challenge for policymakers around the world. This project examines the challenge faced by Australian policy-makers in designing an appropriate regulatory framework for cryptocurrencies that can detect money laundering, prevent revenue leakage and protect unsuspecting consumers from scams.
A part of the difficulty of designing an appropriate regulatory framework to regulate cryptocurrency in Australia requires regulators to understand what cryptocurrencies actually entail. To date, there is no clear and authoritative definition of a cryptocurrency. Cryptocurrency have no physical form. They are entirely digital. Their very existence lies in the data strings that represent each ‘coin’.
Cryptocurrency exist in a decentralised system without an intermediary party such as a bank. Instead each cryptocurrency transaction is contained in its own network. Each time a person interacts with a cryptocurrency, their computer joins that network to record the transaction. Computers in the network are constantly updating the information and sealing of the recorded parts of the digital ledger by encrypting the record using complex mathematical algorithm.
The unique nature of cryptocurrency makes it difficult for regulators to determine which aspects (if any) require regulation and, if so, how to control and monitor activities to protect consumers and prevent tax evasion and money laundering. This project will critically analyse the regulatory framework used to regulate cryptocurrency in Australia. The objective is to draw out weaknesses in the existing regulatory framework and to recommend reform options.
This project will apply doctrinal legal and research methods to provide a comprehensive analysis of legislation and case law governing cryptocurrency under Australian taxation, financial services and consumer protection law. The research will extend to practices in regulating cryptocurrency adopted in other developed and developing countries including the United States and United Kingdom.
We argue that the profit creation runs in the genes of firms, and the conflict of profit genes and Darwinian fitness may be considered for policymaking on the tax-avert MNE behaviour.
The project aims to trace biological nature of firm organization and investigates Darwinian rationale in the cost-induced behaviour of multinational enterprise (MNE), presuming taxes as its business costs. Despite the fact that organizational science is acknowledged as an inherently interdisciplinary field it rarely transplants insights from biology. The project aims to undertake this task in express terms. Business organizations struggle and compete to maximize profits as do living organisms for resources for survival. Based on the Friedmannian thesis that the sole purpose of firms is to maximize profits, it could be posited that the process of profit creation “runs in the genes” of business organizations.
In that framework, costs of a firm should be potentially in conflict with its profit genes and Darwinian fitness. If tax is a business cost, is Darwinian rationale also at work in the organizational behavior in the MNEs which operate transnationally across borders where country to country tax costs may vary significantly?
If the profit gene model and the ensuing Darwinian rationale holds in the cost-induced behaviour of business organizations, it poses policymaking challenges in dealing with MNEs since hardly any global policy regime at present considers the underlying genetic evolutionary construct of MNEs. To that end, the project dissects the case of business organization as a Darwinian entity and the genetic foundations of MNEs tax avoidance behaviour to explore its policy implications.
The project uses interdisciplinary methodological tools at the interface of biology, organisational science, economics and tax policymaking. In examining the biological nature of business organizations, the study employs tools of analogical reasoning based on the economics of the nature of firm and organizational ecology. In exploring the cost induced dynamics of firms, we advance a profit-genes model to dissect the tax avert behaviour of MNEs. To investigate the policy implications of anti-avoidance genetic MNE behaviour, we apply the Tinbergenian behavioral rationale of proximate and ultimate causation.
The project examines EU proposed legislation to tax digital business models, and analyses its legal, political and economic implications.
This project examines the proposed EU legislation on taxation of digital businesses. Since the existing international rules fail to capture the “taxable presence” of digital firms, finding solution to that problem is a key component of the ongoing OECD/G-20 Base Erosion and Profit Shifting (BEPS) project. Given the transnational nature of the problem, the ideal solution lies in a multilateral action as foreseen under the BEPS project. However, due to lack of global consensus, nations are taking unilateral actions worldwide. The proposed EU legislation is one of them.
The project aims to investigate the proposed EU law on the taxation of digital economy. Using content analysis research method and comparative approach, it will identify the strengths and weaknesses of the draft EU tax law. The project will contribute to the body of knowledge on one of the hottest tax topics in the international tax realm, having far-reaching implications both for the governments and digital industry. For businesses, such as for the Silicon Valley, key concerns lie in, for example, the "ring-fencing" of the digital economy (a treatment separate from the wider economy) as well as additional compliance burdens. Implications for governments, on the other hand, are fairly straightforward but profound, if such legislation is adopted in EU and other jurisdictions as it triggers a shift in the allocation of nations’ rights to tax cross-border digital business activities as home and host jurisdictions. Against that backdrop, the project investigates legal, political and economic implications of the proposed tax legislation.
In examining the proposed EU measures, the project will analyse the qualitative data in the form of official documents of European Commission, statutes, case law, legal reports, OECD work, discussion papers, etc relating to the policy area of digital taxation. By applying a mix approach, content analysis of that data, legal and political discourse, and economic analytical method will be adopted. Also, insights from policymaking and evaluation methods, in particular those incidental to taxes, will be used to examine prospects and implications of the draft legislation in question
To investigate the establishment of a leading Microgrid Operator which facilitates the transition to 100% renewable power, by providing value to network, market and customers, across multiple sites.
The Net Zero project team will work closely with industry and world-leading experts from Monash Business School, Faculty of Law, Faculty of IT, Faculty of Arts, MEMSI, ClimateWorks and BehaviourWorks Australia.
This project aims to manage a dynamic energy network able to respond to high penetrations of renewable energy both onsite and offsite, an intelligent campus energy network (Microgrid) is being established at the Monash Clayton campus, treating each building as individual customer.
As a model of a small city, Monash is able to create a prototype of an Energy as a Service Platform that allows market participants to access the complex value streams available within a distributed renewable powered energy system and market.
In partnership with the Department of Environment, Land, Water and Planning (DELWP), the Microgrid Electricity Market Operator (MEMO) project seeks to address a gap in the current energy market, investigate the business case for the creation of these new entities and provide regulatory recommendations to address potential barriers preventing their establishment in Victoria.
Building on the investment in the assets and technology platform integration to create a market driven, 100% renewable powered Microgrid environment on the Monash Clayton campus, this Projects seeks to:
This project is the result of a collaborative approach across the operations and research sides of the University, working closely with industry and government to inform the transition to a more sustainable future. This will build expert knowledge from the Industry and Academia to unlock solutions to today’s energy challenges.
Tax authorities in common law countries such as Australia are increasingly digitising and automating their tax compliance activities and taxpayer service interactions. The move is rapid and multi-faceted extending to core functions including tax compliance and investigation activities. However, this increasing reliance on digitisation, automation and artificial intelligence raises fundamental questions concerning tax authority accountability and the ability of taxpayers to exercise their rights to take legal action in the event of defective exercises of tax authority powers. These questions have to date garnered little attention in the evaluation of the merits, efficiencies and goals of the push to digitise and automate. This project considers these questions and posits that the answers indicate the need to rethink a range of legal and public policy principles underpinning the limits of tax authority susceptibility to taxpayer suit and give rise to a number of new legal controversies that are likely to gain increasing prominence in a ‘digital by default’ tax administration world.
Tax authorities in common law countries including Australia, Canada, the UK, the United States and New Zealand have all committed strategically to interacting with taxpayers in a digital by default mode and are working apace to achieve these objectives. For example, the UK HRMC claims to have applied robotics and AI to assist in over 15 million tax administration functions in the last two years alone. The ‘digital by default’ tax administration push has, in part, been driven by economic constraints and the presumption that emerging electronic tools for interacting with taxpayers and carrying out core tax compliance monitoring functions are more cost effective than their traditional counterparts.
Whilst commentary and statistics touting the efficiencies and benefits of the widescale transition to digitised and automated tax administration functions are plentiful, detailed investigations into the effect the transition to this new digital by default tax administration frontier might have on previously well-established legal principles and theories concerning the trade-off between taxpayer rights and tax authority accountability are comparatively rare. In particular, there has been no discussion of the question of the extent to which the shift to more automated digitised means of interacting with taxpayers warrants revisiting the boundaries of immunity from suit traditionally afforded to tax officials and tax authorities and the public policy concerns which underly the setting of those limits. Redressing this ostensible oversight is the primary focus of this project.
The project will apply doctrinal legal research methods to provide a systematic exposition of the rules governing tax authority accountability in cases of defective administration and the effects of digitisation on the future development and application of those rules. This will require substantial ‘black letter’; (or literal) analysis of formal legal rules and principles (essentially the project ‘data’) and the application of deductive legal reasoning to develop arguments and reasoning based on the law (including both legislation and case law). The research will extend to multiple key common law jurisdictions including Canada, the United States, the United Kingdom, New Zealand and Australia.
Researchers: Dr Diane Kraal, Associate Professor Victoria Haritos and Dr Rowena Cantley-Smith
The fluctuating fortunes of carbon pricing in resource rich nations – a review of recent developments in Canada and Australia.
The taxation of urban energy and transport related activities is of growing importance for all major economies. Resource rich nations of the New World such as Canada and Australia have mixed blessings in this area, as on the one hand they have access to vast fossil fuel reserves which should keep prices down, whilst on the other they both have geographically dispersed populations, highly variable weather conditions and resource intensive lifestyles which puts them amongst the highest global per capita consumers of fossil fuels. In both countries, energy and transport related expenditures are a relatively large proportion of total expenditures for all sectors including households, businesses and government. Equally significant is the high proportion of GDP derived from development of fossil fuel resources in these countries, including extensive activity by multi-national corporations. Accordingly, there is acute political sensitivity concerning any taxation measures connected with energy or transport in these countries, which provides a substantial barrier to traditional arguments in favour of fossil fuel levies and environmental taxation. Despite these obstacles, environmental taxes and carbon pricing measures have gained significant traction, albeit in a staccato fashion. In Australia a comprehensive national carbon price scheme was introduced in 2011 but dismantled after only two years after a withering political assault from the fossil fuel sector. Within that leadership vacuum several State Governments and the private sector have led more recent initiatives to reduce carbon emissions. In Canada, successful carbon pricing schemes have emerged firstly in the resource rich provinces of British Columbia (from 2008) and Alberta (2017). The Canadian Government has now followed with its own national scheme to commence in 2018. This paper will review these promising developments to gain insights for future application of carbon pricing in the energy and transport sectors.
Researchers: Mr Wayne Gumley and Dr Deborah Jarvie
In the international tax arena, it is acknowledged that business profits of foreign multinational operations can be taxed in a jurisdiction only where they have a physical “taxable presence” in that jurisdiction. However, given the rapid transformation of business models in the digital age where a physical presence to conduct cross-border trade is losing relevance, the traditional concept of taxable presence is being increasingly viewed as an inadequate principle for allocation of taxing rights. The issue is also integral to Actions 1 and 7 ("tax challenges of the digital economy" and "permanent establishment") of the OECD/G-20 project on Base Erosion and Profit Shifting (BEPS). The issue is therefore gaining increased attention at academic and policy levels.
Against that backdrop, this project aims to investigate the evolving concept of ‘taxable presence’ of businesses foreseen under the permanent establishment (PE) notion in international tax rules. In particular, it focuses the PE-related residency issues of taxing businesses in the digital arena with a view to examine multiple actions being taken by different countries and to explore prospects for a similar initiative in the Australian jurisdiction. Despite the recent adoption of Multinationals Anti-Avoidance Law (MAAL) in Australia that inter alia seeks to plug potential loopholes in PE rules, the legislation is still not fully resilient to manipulation by businesses. Nor does it cover the tricky issue of taxable presence of a digital multinational enterprise. To that end, we address some of the many rising challenges to determining the taxable presence of digital businesses in transnational e-commerce with a focus on Australian jurisdiction.
Researcher: Dr Shafi Khan
Fintech is becoming mainstream in facilitating transactions. Blockchain technology, from its humble beginning as a decentralised encrypted form of record keeping has moved to the mainstream. The advent of cryptocurrencies as a result of blockchain technology is a more novel Fintech development. Based on similar technology, hundreds of cryptocurrencies are being created and traded. Bitcoins are by far the most popular cryptocurrency, but many others exist. The popular “coins” fluctuate dramatically in “prices”, where realised and unrealised gains are being made by coin-holders.
The economic substance of cryptocurrencies give them value, but to date the law has not definitively defined this substance. The difficulty is that the transfer of value between the parties involves the transfer of a unique digital file that in itself has no intrinsic value. Regulating cryptocurrency is a difficult task for regulators, as the definition of “cryptocurrency” and which aspect requires regulation are not settled. At the moment, there is no clear and authoritative definition of cryptocurrency, making it difficult for regulators to control and monitor activities. This difficulty exists at two levels: initial coin offerings (ICO) that brought the cryptocurrency into existence and trading in the cryptocurrencies themselves.
Researcher: Professor Julie Cassidy, Dr Man Huang Alvin Cheng, Dr Eva Huang and Mr Toan Le.
One of the major tax policy measures in the 2017 PNG Government Budget is the proposal to increase the taxable component of employer provided housing benefit. The Government argues that this measure was considered on horizontal equity grounds, as the housing allowance received in cash is taxed in full, while the value of employer provided accommodation is taxed at concessional rates. However, the government is also convinced that the prescribed values of employer provided accommodation have been, on the one hand, very low and stagnant. While on the other hand, the actual values of employer provided accommodation, especially in major cities around PNG, have been steadily increasing thereby enhancing the total compensation of employees. The government was therefore convinced that potentially large amounts of revenue could be raised from the revised housing benefit tax rule.
The aim of this study is to empirically measure and assess the dimensions that influence the public’s perceptions with regards to increasing the taxable component of the housing benefits tax (HBT). The results of this study indicate the policy significance of doing so. Clearly the HBT has implications for the fairness of the overall tax system in light of the larger issue of housing affordability in PNG and sustainable wages growth. If the lack of housing, and then the income of citizens prevents them from obtaining housing, an increase in the HBT could have a detrimental effect on taxpayer confidence. The alignment of the tax treatment of both the housing benefit per se and the housing allowance is certainly recommended. Evidence suggests that the divergence between the two has the potential to result in abuse. It is suggested that perhaps the government should change the eligibility criterion for employer provided housing by limiting it to executives or more senior officers, whose employment packages may include housing as an employment fringe benefit.
Researcher: Ken Devos, Francis Odhuno, Mehmet Ozmen and Thomas Wangi
An Assessment of the Code of Professional Conduct under the TASA 2009 - six years on
A significant body of research has developed over the last sixty years concerning the factors that influence and impact taxpayer compliance. In particular, a number of recent studies have examined tax practitioners’ethical behaviour and the implications this has for taxpayer compliance. However, fewer studies have conducted systematic empirical research into tax practitioner ethics in Australia, and more specifically with regards to the Code of Professional Conduct under the Tax Agent Services Act 2009 (Cth), since its operation from March 2010. As tax practitioners lodge returns on behalf of approximately 75% of Australian individual taxpayers, there is great potential for them to influence the compliance landscape. Failure to investigate the discrepancies between tax practitioner ethics/ practices and those stipulated in the Code of Professional Conduct could potentially result in professional malpractice and excessive revenue leakage for the government. Consequently, this preliminary study addresses this research gap by specifically investigating tax practitioners’ level of commitment to, and compliance with, the Code of Professional Conduct.
The research study conducted both a quantitative and qualitative analysis of data obtained directly from Australian tax practitioners. The findings revealed that tax practitioners were generally supportive of the professional standards under the code, but the findings were more qualified with regard to the appropriateness and knowledge of penalties under the code. The results were also mixed with regard to other ethical issues, such as the outsourcing and transfer of client information. The suggested tax policy implications stemming from the study include: the reintroduction of compulsory engagement letters; clear guidelines regarding the maintenance of in-house tax practitioner guidelines at all levels; introduction of protocols and standards for data security and outsourcing of services; improving the education and training of tax practitioners with regard to penalties; and consideration of the possible “black listing” of agents in public documents who commit serious offences under the code. These findings provide useful information for the Tax Practitioners Board, professional tax and accounting organisations and the Australian taxation authority.
Researcher: Ken Devos and Paul Kenny
Factors that influence Tax Evasion in Australia and Turkey: A Structural Equation Modeling Study
The tax literature indicates that many factors impact upon and influence tax evasion and non-compliant behavior. In the economic literature there has been evidence of the factors which have impacted upon economic growth and the well-being of a country’s citizens which have also influenced tax evasion behavior.
However, it is evident that while tax and economic studies have investigated these and other factors independently fewer studies have incorporated a combination of these factors in conducting multidisciplinary research. This paper proposes to overcome this research gap, and makes a contribution to the tax literature by investigating a combination of specific economic factors that impact upon tax evasion, employing a Structural Equation Model (SEM). In particular, the study examines the structural relationships between national well-being, life satisfaction, tax involvement and tax evasion.
The study developed a reliable and valid measurement scale for taxpayer specific involvement to better understand the impact of involvement in a tax settingChurchill’s (1979) and revealed that tax involvement dimensions related to both samples of Turkish and Australian taxpayers.
The research revealed a relationship between the various dimensions. The overall results showed that life satisfaction plays a central role in the model. Although the relationship between life satisfaction and tax involvement was weak it was statistically significant. A negative relationship was found between life satisfaction and tax evasion, indicating that satisfaction with life may be a mediator between tax evasion, national wellbeing and tax involvement. The results of this study also indicate that tax evasion and tax involvement somehow relate to national wellbeing and life satisfaction. Consequently, the study found that, although tax evasion and national wellbeing correlated positively with life satisfaction, satisfaction with life had a significant negative effect on tax evasion perceptions. The results of the study will be of interest to both the Australian and Turkish governments and have implications for tax policy development in both countries.
Researcher: Ken Devos and Metin Argan
This article compares the features and attributes of the post 2013 Australian General Anti-Avoidance rule (GAAR) under a common law jurisdiction and the 2015 General Anti-abuse rule in Italy under a civil law jurisdiction. These selected GAARs are assessed and evaluated for their potential scope and impact via a number of criteria and benchmarks. While comparative elements and features are noted, the analysis finds that these particular GAARs will support their respective revenue authorities in tackling tax avoidance and abuse in future years.
Researcher: Ken Devos and Marco Greggi
Brief summary of project:
Alongside traditional law-driven policy response to the avoidance-induced tax behaviour of multinationals that often builds on the thesis that firm is merely a legal entity, this project, takes into account the changing nature of firm, analogous to an organismic entity. The central rationale behind this non-traditional paradigm is to provide an interdisciplinary, holistic and all-inclusive picture of the firm behaviour with a view to contribute towards a wide-ranging, comprehensive policy response to cross-border tax avoidance issues in the international tax realm. For this purpose, the project aims to trace the “profit genes” in firms, and investigates the key Darwinian principles of “struggle for existence” and “survival of the fittest” in terms of firms’ quest to (avert taxes and) maximize profits. The study argues that the classical international tax regime may not fully withstand the rapidly changing structure of the “firm species”. It concludes that while the OECD’s Base Erosion and Profit Shifting (BEPS) project is a step in the right direction, the tax behaviour of firms, however, could be fully grasped if the tax-averse “traits embedded in the genome” of the firm species are also taken into consideration.
Researcher: Shafi Khan
Researcher: Dr Diane Kraal
This project considers the role of environmental taxation as a regulatory response for dealing with the escalating cost of managing the disposal and recycling of end-of-life electrical and electronic products (‘e-waste’) in Australia. Whilst the producers and distributors of electronic communication and entertainment products are amongst the most successful corporations in the global market place, the quantity of e-waste has grown rapidly and according to recent studies, less than 16% is currently recovered for re-use, recycling or safe disposal. In Australia, State and Territory governments have traditionally relied upon landfills to deal with household waste streams. However the rapid growth in e-waste and has led to increased recognition of the economic value of waste.
The Australian Federal Government has introduced a national approach to consumer waste, through legislation requiring the establishment of a ‘product stewardship’ scheme for computers and televisions in 2011. The National Television and Computer Recycling Scheme (NTCRS) requires manufacturers and importers of televisions, computers and ancillary products to be responsible for collecting and recycling a prescribed proportion of those products when they are discarded by consumers at ‘end-of-life’. This project outlines some quantitative aspects of the e-waste problem and then describe the regulatory measures that have been used to address this problem with particular focus upon the NTCRS. Observations from that analysis will then be used to suggest how environmental taxation strategies can be applied to overcome weaknesses in the current arrangements.
Researcher: Wayne Gumley
Papua New Guinea (PNG) has witnessed outstanding economic growth over the last ten years, accounting for 2.3% of the South Pacific region’s Gross Domestic Product (GDP). However, according to the Department of Treasury the country’ impressive economic growth has not been translating into optimal fiscal and revenue yields. The threat to the revenue is projected to reach K1.2 billion by 2018. Consequently, in an effort to stem this potential loss of revenue and improve tax collection and administration, an immediate analysis of the tax regime is critical.
The aim of this paper is to investigate the corporate income tax regime in PNG and make recommendations for tax reform with the view to improving future revenue collections. The paper briefly outlines the main features of the corporate tax regime in PNG and identifies concerns with the current corporate tax regime, including revenue trends over the last 5 years. While the features of a good corporate tax system and best practice measures as derived from the Organization for Economic Cooperation and Development (OECD) are noted some of these features and practices, are considered as various options for corporate tax reform in PNG. An evaluation of the main options, considering the advantages and disadvantages, and short-term and long-term priorities and tax policy implications for the corporate tax system in PNG are provided.
Researcher: Ken Devos
An examination of the tax evasion literature reveals that culture plays an important role in determining the views and opinions of taxpayers. There have been a number of studies that have focused on tax evasion in a particular country but few that have encompassed comparative studies). In some of the previous studies ethics are sometimes discussed but, more often than not, the focus of the discussion is on government corruption and the reasons why the citizenry does not feel any moral duty to pay taxes to the government. Most studies on tax evasion tend to look at issues from a public finance or economics perspective, although ethical issues may be mentioned briefly, in passing. It is also evident that some previous studies have compared the ethical views of citizens from different countries without taking into account genuine differences in culture, religion and legal systems.
This study aims to overcome this research gap by presenting the preliminary results of an empirical investigation into the views and opinions of both Australian and Turkish tax/accounting students, regarding the ethics of tax evasion. In comparing Australia and Turkey, the Australian legal system is based on common law while Turkey is a civil law jurisdiction. Likewise Australian society is of predominately Christian belief while Turkey is predominately of Muslim belief. Australian culture generally derives from an Anglo-Saxon origin although arguments could be mounted for a more multi-cultural society nowadays while Turkey has strong European and Middle Eastern ties. Thus, the need for further research, which the present study is intended to partially address. Collaboration between Monash University in Australia and Inonu University in Turkey was established to conduct the research. This paper reports on the ethics of tax evasion based on the opinions of Turkish and Australian tax/accounting students and compares their views to determine whether cultural differences may explain the differing perceptions of tax evasion
Researcher: Ken Devos, Serkan Benk and Robert McGee
Low Oil Price Shock hits Australia and the US: Petroleum industry responses and government revenue concerns.
Researcher: Dr Diane Kraal
Implications for the concept of “Tax Benefit/Advantage” as prescribed in the Australian and British General Anti-Avoidance Rules in tackling Tax Base Erosion and Profit Shifting
An increasing number of multi-national enterprises (MNEs) have arranged their corporate structures in a way which sharply reduces or completely eliminates their tax liabilities, both at home and abroad. This practice, referred to as base erosion and profit shifting (BEPS), has become a pertinent feature in the international tax domain. In response to this growing problem the Organisation for Economic Cooperative Development (OECD) released an Action Plan in July 2013. In the coming years, BEPS is likely to remain high on political agendas around the world and it is expected that many countries will implement the OECDs Action Plan recommendations and introduce or enhance their own general anti-avoidance legislation as a strategy to counter BEPS. This paper specifically examines the recent amendments to the Australian General Anti-avoidance Rule (GAAR) and the recently introduced British GAAR in 2013 with regards to the definition of “tax benefit/advantage.” An analysis of tax benefit/advantage concept within the respective GAARs is compared and contrasted to the wide definition of tax benefit stipulated in Action Item 12 of the OECD Action Plan. The likely consequences and some tax policy implications for tackling BEPS and tax avoidance generally are canvassed.
Researcher: Ken Devos
Tax Compliance and the Public Disclosure of Tax Information: An Australia/Norway comparison
A combination of both persuasive and enforcement measures have been applied by governments in attempting to tackle tax non-compliance. With increasing pressure to raise revenue in the current economic climate, governments need to assess the effectiveness of various compliance measures. This paper presents and analyses the strategies adopted by tax authorities globally and specifically in Australia and Norway, regarding the public disclosure of tax information and the likely compliance impact. The paper provides an insight into how public disclosure could indirectly improve compliance in the setting of one country, while some limited disclosure may supplement other compliance strategies in another.
Researcher: Ken Devos and Marcus Zackrisson
Maximizing the benefits of resource revenues – the roles of state equity participation and taxation
Researchers: Dr Diane Kraal and Dr Craig Emerson
The tax compliance literature indicates that many factors, including economic, social, psychological and demographic factors, have an impact on the compliance behaviour of taxpayers. Of the two main compliance theories, the economic deterrence theory model and social/fiscal psychology theory model, this study has adopted the latter. The aim of this study was to examine whether or not a relationship exists between selected tax compliance variables (both economic and non-economic) and the attitudes and behaviour of Australian individual taxpayers, with an emphasis on which variables also act as an effective deterrent to non-compliance.
This study adopted a mixed method research approach. First, a quantitative component comprising a mail survey was distributed to a sample of known tax evaders (i.e., those who had been audited and penalised) via the databases of the ATO. This was followed by an electronic version of the survey which was distributed to a sample of the general population (non-evaders) via the databases of a market research company. Second, a qualitative component comprising six tax evader and seven non-evader semi-structured interviews were conducted over the phone and in person to support and cross-validate the previous survey findings.
The variables of interest in this study were the moral values of taxpayers, their perceptions of fairness and specific deterrent measures. Eight demographic variables were also examined in conjunction with the compliance variables. The survey data was statistically analysed using Chi-Square and Logistic Regression and, for a comparative analysis between the two different samples, Mann-Whitney U Tests were employed. For the interview data, thematic framework analysis was utilised along with the pattern-matching technique.
Based on both components of the research method, there was evidence of a significant relationship between tax morals, tax fairness and tax law enforcement and compliance behaviour in the evader sample. With respect to the non-evader sample, there was a significant relationship reported between tax penalties, tax morals and tax awareness and compliance behaviour. No significant results were reported for the probability of detection and compliance behaviour in either sample. However, there was some evidence of a relationship between the selected compliance variables themselves, for example, tax fairness and tax morals.
Other major findings included the influence of the gender variable on selected compliance variables for both the evader and non-evader samples, while both the income and education variables significantly impacted upon compliance behaviour but mainly in the evader sample. The results of all other demographic variables were not significant. In distinguishing between the two taxpayer samples, all compliance variables except tax morals and tax penalties produced statistically significant differences. Likewise, amongst the eight demographic variables, statistically significant differences were reported for six, with only location and return lodgement being similar amongst the samples.
Consequently, the findings of the study suggest that tax morals and, to a lesser degree, tax fairness, tax law enforcement, tax awareness, gender, education and income level, directly and indirectly influence compliance behaviour. It is envisaged that the results of this study provide useful information for the Australian revenue authority and have implications for tax policy development.
Researcher: Ken Devos
An Investigation into the Factors which influence the Ethical Behaviour of Australian Tax Practitioners of Different Affiliations
An examination of the tax compliance literature reveals that there is a lack of empirical research into the ethical issues faced by Australian tax practitioners (Tax agents, tax lawyers and tax accountants) and the likely impact upon compliance. In particular, issues regarding attitudes towards the Code of Professional Conduct, promoter penalties, industry benchmarking and other ethical concerns are yet to be investigated. As tax practitioners are viewed as representatives of both the taxpayer and the revenue agency it is important to ascertain where their allegiances lie when faced with vexed ethical situations.
This research study presents the preliminary results of an empirical investigation into the factors that influence Australian tax practitioners’ ethics. Research funding was secured which enabled both a quantitative and qualitative analysis of data to be conducted gauging the views of both Certified Practicing Accountants (CPA) and non-CPA Australian tax practitioners. The findings indicated that the views’ of CPA’s and non-CPA’s differed with regards to the avoidance/evasion distinction, industry benchmarking and the code of professional conduct. It was also found that particular demographics of Australian tax practitioners influenced their ethical behaviour to a certain degree. Overall while ethics were generally of an acceptable standard, both internal and external factors need to be regulated in order to maintain desired levels. The results of this study will be of interest to both professional accounting bodies and the Australian taxation authority and has implications for tax policy development.
Researcher: Ken Devos
Researchers: Dr Diane Kraal and Dr Craig Emerson
Our researchers publish in a wide range of national and international publications, and regularly contribute to public commentary on key law issues.
We conduct world-leading research on a wide range of law and business topics using a range of traditional legal, empirical legal, comparative and interdisciplinary methods.
We host and participate in a range of workshops, seminars and conferences to further enhance our research program and networks.