Abstract:
This dissertation deals with several theoretical aspects in tax neutrality as well as with distortions caused by non neutral taxation, the latter being examined with regards to tax neutrality as a major area of research.
In Chapter 2, the established principle that taxes should not influence investment decisions is critically analysed concerning risky investment. Conservatism, which is applicable in commercial financial accounting as well as in tax accounting, has been considered to be incompatible with neutral taxation based on the concept of neutrality. This is because risky investment would be favoured due to accelerated or immediate expensing. Other literature has demanded privileged treatment of risky investment when the realisation of efficient private investment is distorted due to private investors’ risk aversion, or when external effects lead to underinvestment. I present a new definition of tax neutrality that includes investor risk preference, thus connecting both views. Moreover I analyse to what extent immediate expensing rules might fulfil the newly developed definition.
A study dealing with tax effects from 1960 to 2010 is presented in Chapter 3. The model considers standardised investment in corporations and partnerships, thereby differentiating between effects caused by tax rate/tax base and effects caused by the timing of deductions. The results show that tax effects diminish over time. The analysis reveals two causes for this. First, tax rate and tax base effects decline over time, as property taxes are eliminated and local business taxes are reduced. Second, falling interest rate levels gradually reduce the timing effects of taxes. Overall, the results show that profits from tax planning have declined over time, and have currently reached a low level. This also suggests a reduced role of tax planning in future business taxation research.
Chapter 4 also comprises a study from 1960 to 2010, in which the influence of tax law on the financing of corporations and partnerships is analysed by calculating the tax burden of equity finance, internal finance, debt financing and shareholders debt. Additionally I compare the tax burden of corporations versus partnerships. The main findings are the reduction of tax distortions on past financing decisions as a consequence of the abolition of property taxes as well as the tax cutting for corporations in 2001. The positive trend stopped when the flat tax of 25% for private investment income was introduced in 2009. However, the differences between corporations and partnerships have diminished in the past, with the result that legal forms are taxed approximately equally at the moment.
Chapter 5 deals with a comparison of tax advantages in Germany and Austria, which are due to the flat tax for private investment income combined with indirect shareholder debt financing. The study includes fiscally transparent companies and the self-employed as well as corporations. I calculate the advantage by using the means of the maximum interest rate spread which can be accepted by the shareholder for this tax structuring. Persons whose incomes are taxed at the top rate may accept identical maximum interest rate spreads. However, since the German legislature has adopted regulations to prevent abuse, this tax structuring creates more economic costs, with the result that indirect shareholder debt financing is not as profitable in Germany as it is in Austria.