InvestmentsMar 14 2016

Investors set to gain from tax transparency

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Investors set to gain from tax transparency

The OECD believes national governments lose $100-240bn (£70-169bn), or 4-10 per cent of global tax revenues every year because of the tax-minimisation used by transnational corporations, while the European Union puts this figure between ¤50-70bn (£39-54bn).

Widespread public concern is unlikely to abate as the backlash over the recent Google back-tax settlement in the UK demonstrates.

Even in far-away Australia, global brand names in resources, media, technology and energy face ongoing scrutiny over tax practices.

Aggressive tax avoidance practices can make a company vulnerable to social accusations of greed and selfishness, damaging its reputation, eroding trust and potentially shareholder value.

For institutional and retail investors, greater transparency and disclosure of tax practices would allow investors to make better informed decisions about risk, value creation and their level of exposure to particular companies Fiona Reynolds, PRI

The EC noted that major corporations with businesses spanning across continents will now be obliged to report profits on a country-by-country reporting (CBCR) basis to stop them moving money across borders to save on tax.

This directive, though, will not be adopted without the unanimous consent of all member states. It remains to be seen whether this will be achievable.

The US is also taking action to clamp down on tax avoidance, particularly around the issue of (corporate) inversions, although wider measures face strong political headwinds.

For institutional and retail investors, greater transparency and disclosure of tax practices would allow investors to make better informed decisions about risk, value creation and their level of exposure to particular companies.

As Katharine Teague, senior private sector adviser at Christian Aid, noted in a 2013 report authored by Sustainalytics and commissioned by Arisaig Partners, called It’s Time to Call for More Responsibility: “An absence of transparency will be seen as a warning sign to investors and consumers that a company has something to hide.”

Last year, we at the Principles for Responsible Investment initiative published our Engagement Guidance on Corporate and Tax Responsibility document, which outlined how investors can engage with companies about their tax planning. Investors increasingly see tax as a material risk and many are concerned that aggressive tax planning may cross the line between avoidance and evasion.

The level of transparency around CBCR has also been a long-standing sticking point in the OECD BEPS process.

While there is international consensus that modernisation is needed, some argue that any CBCR data should only be shared in limited form with regulators and must remain secret, withheld from institutional investors and shareholders and especially from the public.

Improving global tax transparency cannot be separated from overall reform of international taxation structures. And as the G20 has noted for several years, reform of international tax rules is one of a set of measures to strengthen the global financial system.

Ultimately, improving corporate transparency and disclosure has a strong foundation in good governance and gives investors the opportunity to make their own judgements.

Regulators, companies, investors and other stakeholders must together address how to ensure that information on tax strategies is disclosed, reflected accurately in annual reporting and communicated effectively to investors.

Fiona Reynolds is managing director of Principles for Responsible Investment