Tax and Corporate Governance

1. Front Matter

   Pages I-XV

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2. The Link between Taxation and Corporate Governance

   1. Front Matter

      Pages 1-1

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   2. The Link between Taxation and Corporate Governance

      • Dave Hartnett

      Pages 3-8

   3. Good Corporate Governance: The Tax Dimension

      • Jeffrey P. Owens

      Pages 9-12

   4. Tax and Corporate Governance: An Economic Approach

      • Mihir A. Desai, Dhammika Dharmapala

      Pages 13-30

   5. Tax and Corporate Governance: A Legal Approach

      • Wolfgang Schön

      Pages 31-61

   6. Report on the Discussion

      • Stefan Mayer

      Pages 63-67

3. The Influence of Tax on Corporate Behavior

   1. Front Matter

      Pages 69-69

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   2. Financial and Tax Accounting: Transparency and “Truth”

      • Judith Freedman

      Pages 71-92

   3. Taxation, Accounting and Transparency: The Interaction of Financial and Tax Accounting

      • Martina Baumgärtel

      Pages 93-100

   4. Taxation, Accounting and Transparency: The Missing Trinity of Corporate Life

      • Christian Nowotny

      Pages 101-110

   5. Tax and the Separation of Ownership and Control

      • Steven Bank, Brian R. Cheffins

      Pages 111-161

   6. Tax and the Separation of Ownership and Control — Comment on the paper by Steven Bank and Brian R. Cheffins

      • Krister Andersson

      Pages 163-170

   7. Tax and the Separation of Ownership and Control — Comment on the paper by Steven Bank and Brian R. Cheffins

      • Norbert Herzig

      Pages 171-176

   8. Report on the Discussion

      • Arne Friese

      Pages 177-179

4. The Influence of Corporate Governance on Tax Strategy and Compliance

   1. Front Matter

      Pages 181-181

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   2. Corporate Social Responsibility and Strategic Tax Behavior

      • Reuven S. Avi-Yonah

      Pages 183-198

   3. Corporate Social Responsibility and Strategic Tax Behavior — Comment on the paper by Reuven S. Avi-Yonah

      • Pekka Timonen

      Pages 199-203

   4. Tax Risk Management and Board Responsibility

      • Bernd Erle

      Pages 205-220

   5. Report on the Discussion

      • Christian Kersting

      Pages 221-225

The interaction of taxation and corporate governance is a classical topic and a sta- up theme at the same time. Much has been written in the past on the influence of the tax framework on the choice of legal form for businesses and the structuring of c- pany groups and their contractual obligations. But in recent years, many other features of this relationship between two different fields of law have emerged. First of all, tax authorities around the world have become aware of the potential influence of corporate governance rules on the tax strategy of an enterprise. “Tax in the Boa- room” is a keyword for a movement which tries to employ company law and se- rities law as a tool for governments to fight corporate tax avoidance. The concept of corporate social responsibility and its repercussions in the tax arena, the allocation of tax competences within a company, the requirement to disclose relevant tax inf- mation to investors or the necessity to establish a management system for tax risks have given rise to an emerging strand of literature both from an economic and a legal background. This situation has led the Max Planck Institute for Intellectual Property, Com- tition and Tax Law (Department of Accounting and Taxation) in Munich to organize a conference on this topic – jointly with the International Network for Tax Research and the International Fiscal Association (German Branch) – in December 2006.

• Accounting
• Compliance
• Corporate Governance
• Governance
• Social Responsibility
• Tax Shelters
• Taxation

• Max Planck Institute for Intellectual Property, Competition and Tax Law, Munich, Germany

  Wolfgang Schön

Policies and ethics