Examining Corporate Tax Evaders: Evidence from the Finalized Audit Cases

Authors: Ming Ling Lai, Zalilawati Yaacob, Normah Omar, Norashikin Abdul Aziz, Bee Wah Yap

Abstract:

This paper aims to (1) analyze the profiles of transgressors (detected evaders); (2) examine reason(s) that triggered a tax audit, causes of tax evasion, audit timeframe and tax penalty charged; and (3) to assess if tax auditors followed the guidelines as stated in the 'Tax Audit Framework' when conducting tax audits. In 2011, the Inland Revenue Board Malaysia (IRBM) had audited and finalized 557 company cases. With official permission, data of all the 557 cases were obtained from the IRBM. Of these, a total of 421 cases with complete information were analyzed. About 58.1% was small and medium corporations and from the construction industry (32.8%). The selection for tax audit was based on risk analysis (66.8%), information from third party (11.1%), and firm with low profitability or fluctuating profit pattern (7.8%). The three persistent causes of tax evasion by firms were over claimed expenses (46.8%), fraudulent reporting of income (38.5%) and overstating purchases (10.5%). These findings are consistent with past literature. Results showed that tax auditors took six to 18 months to close audit cases. More than half of tax evaders were fined 45% on additional tax raised during audit for the first offence. The study found tax auditors did follow the guidelines in the 'Tax Audit Framework' in audit selection, settlement and penalty imposition.

Keywords: Corporate tax fraud, tax non-compliance, tax evasion, tax audit, fraudulent reporting.

Digital Object Identifier (DOI): doi.org/10.5281/zenodo.1333630

References:

[1] Spicer, M.W. and S.B. Lundstedt, Understanding tax evasion. Public Finance, 1976. 31: p. 295-305.
[2] Nur-tegin, K., Determinants of business tax compliance. . The B. E Journal of Economic Analysis & Policy, 2008. 8(1): p. 1-25.
[3] Tanzi, V. and P. Shome, A premier on tax evasion. International Monetary Fund, 1993. 40(4): p. 807-812.
[4] Alm, J., Measuring, explaining, and controlling tax evasion: lessons from theory,experiments and field studies International Tax Public Finance, 2012. 19: p. 54-77.
[5] Biagioli, A., Financial crime as a threat to the wealth of nations. A cost-effectiveness approach. Journal of Money Laundering Control, 2008. 11(1): p. 88-95.
[6] Otusanya, O.J., The role of multinational companies in tax evasion and tax avoidance: The case of Nigeria. Critical Perspectives on Accounting, 2011. 22(3): p. 316-332.
[7] Franzoni, L.A., Tax evasion and tax compliance, Encyclopedia of Law and Economic. 1999. p. 53-94.
[8] Mckenzie, R.E., New Tax Gap Estimate. 2012.
[9] Wisegeek, What is the tax gap. 2013.
[10] Personal Communication, Meeting with Chief Executive Officer of Inland Revenue Board Malaysia Tan Sri Dr. Mohd Shukor Haji Mahfar at Inland Revenue Board Malaysia, Cyberjaya office, Malaysia. 2013: Cyberjaya, Malaysia.
[11] The IRBM, Annual Report. 2005, Inland Revenue Board Malaysia.
[12] The IRBM, Minutes of meeting: tax dialogue session 1/2006 between Inland Revenue Board of Malaysia and professional bodies,14 December 2006. 2007. p. 1-18.
[13] The IRBM, Tax Audit Framework. 2009, Inland Revenue Board Malaysia.
[14] The IRBM, Annual Report. 2007, Inland Revenue Board Malaysia.
[15] The IRBM, Annual Report. 2008, Inland Revenue Board Malaysia.
[16] The IRBM, Annual Report. 2009, Inland Revenue Board Malaysia.
[17] The IRBM, Annual Report 2010, Inland Revenue Board Malaysia.
[18] Allingham, M.G. and A. Sandmo, Income tax evasion: A theoretical analysis. Journal of Public Economics. 1972. 1: p. 323-338.
[19] Choong, k.F. and M.L. Lai, Tax audit and tax evasion under the self-assessment system: Survey evidence in Malaysia. Malayan Law Journal, 2008. March-April: p. 65-74.
[20] Juahir, M.N., A. Norsiah, and M.S. Norman, Fraudulent financial reporting and company characteristics: Tax audit evidence. Journal of Financial Reporting and Accounting, 2010. 8(2): p. 128-142.
[21] Zainal Abidin, M.Y., J. Hasseldine, and D. Paton, An analysis of tax non-compliance behavior of small and medium-sized corporations in Malaysia in International Tax Administration: Building Bridges, K. Datt, B. Tran-Nam, and K. Bain, Editors. 2010, CCH Australia Limited: Sydney. p. 9-24.
[22] Khadijah, I. and J. Pope, Corporate taxpayers' compliance variables: Findings from a study of focus groups in Malaysia. , in International Tax Administration: Building Bridges, K. Datt, B. Tran-Nam, and K. Bain, Editors. 2010, CCH Australia Limited: Sydney. p. 132-152.
[23] Watts, R.L. and J.L. Zimmerman, Toward a postive theory of determination of accounting standard. The Accounting Review, 1978. 53: p. 112-134.
[24] Joulfaian, D. and M. Rider, Differential taxation and tax evasion by small business. National Tax Journal, 1998. 51(4): p. 675-687.