Abstract
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.
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References
American Institute of Certified Public Accountants: 1989,Code of Professional Ethics (New York).
American Institute of Certified Public Accountants: 1988,Statements on Responsibilities in Tax Practice (New York).
Bellah, R.et al.: 1986,Habits of the Heart (New York: Harper & Row), p. 31.
Benke, R. and D. Edwards: 1980,Transfer Pricing: Techniques and Uses (National Association of Accounts, New York), p. 20.
Commissioner v. Newman, 159 F.2d 848 (CA-2, 1947).
Falk, T. C.: 1986, ‘Tax Ethics, Legal Ethics, and Real Ethics: A Critique of ABA Formal Opinion 85–352’,Tax Lawyer 39(3), 643–665.
Friedman, M.: 1970, ‘The Social Responsibility of Business is to Increase Its Profits’,New York Times Magazine, September 13.
Gregory v. Helvering, 29U.S.465 (1935).
Hansen D. R.: 1990,Management Accounting (PWS-Kent Publishing Co., Boston).
Income Tax Regulation §§ 1.482–1 and 1.482–2.
Internal Revenue Code § 482.
Josephson, M.: 1988, ‘Teaching Ethical Decision Making and Principled Reasoning’, inEthics: Easier Said Than Done, Vol. 1, No. 1 (Winter), pp. 27–33.
Rawls, J.: 1971,Theory of Justice (Belknap Press of Harvard University, Cambridge, Mass.).
Reeck, D.: 1982,Ethics for the Professions (Augsburg Publishing House, Minneapolis).
Superior Oil Co., 280 U.S. 390 (1930).
Thompson, H. S.: 1988,Generation of Swine (Summit Books, New York), p. 283.
Thurow, L. C.: 1987, ‘Ethics: Business Schools are a Blotter That Reveals Our Society's Values’,Rocky Mountain News, June 18, p. 83.
Urmson: 1958, ‘Saints and Heros’, in Meldon (ed.),Essays in Moral Philosophy.
Wheeler, J. E.: 1988, ‘An Academic Look at Transfer Pricing in a Global Economy’,Tax Notes 40(1), 87–96.
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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.
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Hansen, D.R., Crosser, R.L. & Laufer, D. Moral ethics v. tax ethics: The case of transfer pricing among multinational corporations. J Bus Ethics 11, 679–686 (1992). https://doi.org/10.1007/BF01686348
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DOI: https://doi.org/10.1007/BF01686348