Cooperative Compliance Programmes: Who Participates and Why?
Keywords:
Cooperative Compliance Programmes, Corporate Tax Compliance, Working Relationship, Transparency, Tax Control FrameworkAbstract
This study examines which organisations participate in cooperative compliance programmes (CCPs) and why by comparing large organisations in the Netherlands that do and do not participate in them. We use data from surveys conducted among representatives of large organisations and their Netherlands Tax and Customs Administration (NTCA) account managers between 2014 and 2018 (n=394). The results show that there are few differences in organisational characteristics between CCP participants and non-participants, but that larger organisations are more likely to participate in CCPs. Furthermore, CCP participants have better working relationships with the NTCA, better Tax Control Frameworks (TCFs), and display greater transparency than non-participants. In addition, CCP participants report having a greater need for certainty and higher perceived certainty about their tax positions than non-participants. Within the group of CCP participants, we also assess whether there are differences related to the intensity of contact with the NTCA and the duration of participation. We find that the working relationship and the level of transparency are somewhat better, and that compliance costs for the organisation are reduced, when there is more frequent contact between a large organisation and the NTCA. At the same time, we find a negative relationship between the duration of CCP participation and the quality of the TCF. We conclude that large organisations may benefit from CCP participation in terms of gaining more certainty about their tax position, whereas the tax authority may benefit because the organisation displays greater transparency. Both parties may benefit from the development of a better working relationship, but it appears that both parties need to continuously invest time and effort into the programme in order to actively maintain the cooperative relationship.
References
Australian Tax Office. (2018, November 08). Annual compliance arrangements – What you need to know. https://www.ato.gov.au/Business/Large-business/In-detail/Compliance-and-governance/Annual-Compliance-Arrangements---what-you-need-to-know/
Australian Tax Office. (2019). Large business. Retrieved June 24, 2019, from https://www.ato.gov.au/business/large-business/
Beck, P. J., & Lisowsky, P. (2014). Tax uncertainty and voluntary real-time tax audits. Accounting Review, 89(3), 867-901.
Björklund Larsen, L. (2016). Sweden: Failure of a cooperative compliance project? (FairTax Working Paper Series, No. 7). Umeå: Umeå University.
Björklund Larsen, L., Boll, K., Brögger, B., Kettunen, J., Potka-Soininen, T., Pellinen, J., Brehm Johansen, M., & Aziz, K. (2018). Nordic experiences of co-operative compliance programmes: Comparisons and recommendations (FairTax Working Paper Series, No. 20). Umeå: Umeå University.
Björklund Larsen, L., & Oats, L. (2019). Taxing large businesses: Cooperative compliance in action. Intereconomics, 54(3), 165-170.
Boll, K., & Brehm Johansen, M. (2018). Tax governance: Corporate experiences with cooperative compliance in Denmark (FairTax Working Paper Series, No. 17). Umeå: Umeå University.
Čičin-Šain, N. (2016). A new approach of the Croatian Tax Administration towards taxpayers based on cooperation instead of repression: A true change in attitude. Croatian & Comparative Public Administration, 16(4), 847-866. https://doi.org/10.31297/hkju.16.4.2
Colon, D. W., & Swagerman, D. M. (2015). Enhanced relationship preparedness in a Dutch multinational context: A tax control framework. Journal of Accounting and Taxation, 7(1), 13-18. https://doi.org/10.5897/JAT2014.0129
Committee of Sponsoring Organisations of the Treadway Commission. (1992). Internal control – An integrated framework. np: COSO
Council Directive 2018/822 of 25 May 2018 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation in relation to reportable cross-border arrangements. (2018). Official Journal, L139, 1-11.
De Simone, L., Sansing, R. C., & Seidman, J. K. (2013). When are enhanced relationship tax compliance programs mutually beneficial? The Accounting Review, 88(6), 1971-1991. https://doi.org/10.2308/accr-50525
De Widt, D. (2017). Dutch horizontal monitoring. The handicap of a head start (FairTax Working Paper Series, No.13). Umeå: Umeå University.
De Widt, D., Mulligan, E., & Oats, L. (2019). The US compliance assurance process: A relational signalling perspective. Journal of Tax Administration, 5(1), 145-161.
De Widt, D., & Oats, L. (2017). Risk assessment in a co-operative compliance context: A Dutch-UK comparison. British Tax Review, 2017(2), 230-248.
Enachescu, J., Zieser, M., Hofmann, E., & Kirchler, E. (2019). Horizontal Monitoring in Austria: Subjective representations by tax officials and company employees. Business Research, 12, 75-94. https://doi.org/10.1007/s40685-018-0067-1
Freedman, J., Loomer, L., & Vella, J. (2009). Corporate tax risk and tax avoidance: New approaches. British Tax Review, 2009(1), 74-116.
Goslinga, S., Siglé, M. A., & Veldhuizen, R. F. (2019). Cooperative compliance, tax control frameworks and perceived certainty about the tax position in large organisations. Journal of Tax Administration, 5(1), 41-65.
Hambre, A-M. (2019). Cooperative compliance in Sweden: A question of legality. Journal of Tax Administration, 5(1), 6-25.
Hasseldine, J., Holland, K., & van der Rijt, P. (2012). Companies and taxes in the UK: Actors, actions, consequences and responses. eJournal of Tax Research, 10(3), 532-551.
Holmes, R. Y. (2010). Forcing cooperation: A strategy for improving tax compliance. University of Cincinnati Law Review, 79(4), 1415-1460.
Huiskers-Stoop, E., & Gribnau, H. (2019). Cooperative compliance and the Dutch horizontal monitoring model. Journal of Tax Administration, 5(1), 66-110.
Internal Revenue Service. (2009). Statement of interest for new CAP applicants. https://www.irs.gov/businesses/corporations/statement-of-interest-for-new-applicants-for-cap.
Majdanska, A., & Leigh Pemberton, J. (2019). Different treatment, same outcome: Reconciling cooperative compliance with the principle of legal equality. Journal of Tax Administration, 5(1), 111-144.
Netherlands Tax and Customs Administration (NTCA) (2013). Supervision large businesses in the Netherlands. np: NTCA.
Nolan, D., & Ng, F. (2011). Tax dispute resolution: a new chapter emerges. Tax Notes International, 62, 733-743.
Office of the Revenue Commissioners (2020, June 22). Co-operative compliance: How co-operative compliance works. https://www.revenue.ie/en/companies-and-charities/cooperative-compliance/how-cooperative-compliance-works.aspx
Organisation for Economic Co-operation and Development. (2007). The enhanced relationship (OECD Tax Intermediaries Study Working Paper 6). Paris, France: OECD.
Organisation for Economic Co-operation and Development. (2008). Study into the role of tax intermediaries. Paris, France: OECD Publishing.
Organisation for Economic Co-operation and Development. (2009). Forum on Tax Administration: Information note: General administrative principles: Corporate governance and tax risk management. Paris, France: OECD Publishing.
Organisation for Economic Co-operation and Development. (2013). Co-operative compliance: A framework – From enhanced relationship to co-operative compliance. https://doi.org/10.1787/9789264200852-en
Organisation for Economic Co-operation and Development. (2014). Measures of tax compliance outcomes: A practical guide. https://doi.org/10.1787/9789264223233-en
Organisation for Economic Co-operation and Development. (2016). Co-operative tax compliance: Building better tax control frameworks. https://doi.org/10.1787/9789264253384-en
Organisation for Economic Co-operation and Development. (2017). Tax administration 2017: Comparative information on OECD and other advanced and emerging economies. https://doi.org/10.1787/tax_admin-2017-en
Rickwood, D., & Braithwaite, J. (1994). Why openness with health inspectors pays. Australian and New Zealand Journal of Public Health, 18(2), 165-169. https://doi.org/10.1111/j.1753-6405.1994.tb00219.x
Rossi, A. A. (2013, July 15). Cooperative compliance program targets large taxpayers. Tax Notes International, 71(3), 222.
Siglé, M. A., Goslinga, S., Speklé, R. F., & van der Hel-van Dijk, E. C. J. M. (2020). The cooperative approach to corporate tax compliance: An empirical assessment. Unpublished working paper.
Siglé, M. A., Goslinga, S., Speklé, R. F., van der Hel-van Dijk, E. C. J. M., & Veldhuizen, R. J. (2018). Corporate tax compliance: Is a change towards trust-based tax strategies justified? Journal of International Accounting, Auditing and Taxation, 32, 3-16. https://doi.org/10.1016/j.intaccaudtax.2018.06.003
Stevens, L. G., Pheijffer, M., Van den Broek, J. G., Keijzer, Th. J., & Van der Hel-Van Dijk, E. C. (Eds.) (2012). Tax supervision – Made to measure: flexible when possible, strict where necessary. The Hague: Committee Horizontal Monitoring Tax and Customs Administration.
Van der Hel–van Dijk, L., & Siglé, M. (2015). Managing compliance risks of large businesses: A review of the underlying assumptions of co-operative compliance strategies. eJournal of Tax Research, 13(3), 760-783.
Ventry, D. J., Jr., 2008. Cooperative tax regulation. Connecticut Law Review 41(2), 431-490.
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