IDEAS home Printed from https://ideas.repec.org/a/bla/finrev/v57y2022i1p95-127.html
   My bibliography  Save this article

Do U.S. firms disguise acquisitions to avoid taxes?

Author

Listed:
  • Jeremiah Harris
  • William O'Brien

Abstract

Our study finds evidence consistent with U.S. multinational firms disguising domestic acquisitions as corporate reorganizations to avoid repatriation‐related taxes. We find that a combination of high potential repatriation costs and large overseas earning balances is positively associated with domestic acquisition volume, but only in deals with low visibility to regulators and investors. Consistent with repatriations of overseas cash, these firms’ low visibility acquisitions (but not their higher visibility counterparts) are associated with 4%–7% lower overseas earnings balances. After a 2017 tax reform reduced the value of this technique, the positive relation between low visibility acquisitions and repatriation costs disappears or reverses.

Suggested Citation

  • Jeremiah Harris & William O'Brien, 2022. "Do U.S. firms disguise acquisitions to avoid taxes?," The Financial Review, Eastern Finance Association, vol. 57(1), pages 95-127, February.
    • Handle: RePEc:bla:finrev:v:57:y:2022:i:1:p:95-127
    DOI: 10.1111/fire.12283
    as

    Download full text from publisher

    File URL: https://doi.org/10.1111/fire.12283
    Download Restriction: no
    File URL: https://libkey.io/10.1111/fire.12283?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Alexander Dyck & Natalya Volchkova & Luigi Zingales, 2008. "The Corporate Governance Role of the Media: Evidence from Russia," Journal of Finance, American Finance Association, vol. 63(3), pages 1093-1135, June.
    2. Gregory S. Miller, 2006. "The Press as a Watchdog for Accounting Fraud," Journal of Accounting Research, Wiley Blackwell, vol. 44(5), pages 1001-1033, December.
    3. Bird, Andrew & Edwards, Alexander & Shevlin, Terry, 2017. "Does U.S. foreign earnings lockout advantage foreign acquirers?," Journal of Accounting and Economics, Elsevier, vol. 64(1), pages 150-166.
    4. James O’Donovan & Hannes F Wagner & Stefan Zeume, 2019. "The Value of Offshore Secrets: Evidence from the Panama Papers," The Review of Financial Studies, Society for Financial Studies, vol. 32(11), pages 4117-4155.
    5. Leonid Kogan & Dimitris Papanikolaou & Amit Seru & Noah Stoffman, 2017. "Technological Innovation, Resource Allocation, and Growth," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 132(2), pages 665-712.
    6. Joon Chae, 2005. "Trading Volume, Information Asymmetry, and Timing Information," Journal of Finance, American Finance Association, vol. 60(1), pages 413-442, February.
    7. Wei Jiang, 2017. "Have Instrumental Variables Brought Us Closer to the Truth," The Review of Corporate Finance Studies, Society for Financial Studies, vol. 6(2), pages 127-140.
    8. Enrico C. Perotti, 2005. "Dominant Investors and Strategic Transparency," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 21(1), pages 76-102, April.
    9. Harris, Jeremiah & O'Brien, William, 2018. "U.S. worldwide taxation and domestic mergers and acquisitions," Journal of Accounting and Economics, Elsevier, vol. 66(2), pages 419-438.
    10. Michael Firth & Kailong (Philip) Wang & Sonia ML Wong, 2015. "Corporate Transparency and the Impact of Investor Sentiment on Stock Prices," Management Science, INFORMS, vol. 61(7), pages 1630-1647, July.
    11. Leuz, Christian & Oberholzer-Gee, Felix, 2006. "Political relationships, global financing, and corporate transparency: Evidence from Indonesia," Journal of Financial Economics, Elsevier, vol. 81(2), pages 411-439, August.
    12. Alexander Edwards & Todd Kravet & Ryan Wilson, 2016. "Trapped Cash and the Profitability of Foreign Acquisitions," Contemporary Accounting Research, John Wiley & Sons, vol. 33(1), pages 44-77, March.
    13. Graham, John R. & Hanlon, Michelle & Shevlin, Terry, 2010. "Barriers to Mobility: The Lockout Effect of U.S. Taxation of Worldwide Corporate Profits," National Tax Journal, National Tax Association;National Tax Journal, vol. 63(4), pages 1111-1144, December.
    14. Fritz Foley, C. & Hartzell, Jay C. & Titman, Sheridan & Twite, Garry, 2007. "Why do firms hold so much cash? A tax-based explanation," Journal of Financial Economics, Elsevier, vol. 86(3), pages 579-607, December.
    15. Robert M. Bushman & Abbie Smith, 2003. "Transparency, financial accounting information, and corporate governance," Economic Policy Review, Federal Reserve Bank of New York, vol. 9(Apr), pages 65-87.
    16. Scott D. Dyreng & Bradley P. Lindsey, 2009. "Using Financial Accounting Data to Examine the Effect of Foreign Operations Located in Tax Havens and Other Countries on U.S. Multinational Firms' Tax Rates," Journal of Accounting Research, Wiley Blackwell, vol. 47(5), pages 1283-1316, December.
    17. Saskia Kohlhase & Jochen Pierk, 2020. "The effect of a worldwide tax system on tax management of foreign subsidiaries," Journal of International Business Studies, Palgrave Macmillan;Academy of International Business, vol. 51(8), pages 1312-1330, October.
    18. Chen, Novia X. & Shevlin, Terry, 2018. "“U.S. worldwide taxation and domestic mergers and acquisitions” a discussion✰," Journal of Accounting and Economics, Elsevier, vol. 66(2), pages 439-447.
    19. Jarrad Harford & Cong Wang & Kuo Zhang, 2017. "Foreign Cash: Taxes, Internal Capital Markets, and Agency Problems," The Review of Financial Studies, Society for Financial Studies, vol. 30(5), pages 1490-1538.
    20. Moeller, Sara B. & Schlingemann, Frederik P. & Stulz, Rene M., 2004. "Firm size and the gains from acquisitions," Journal of Financial Economics, Elsevier, vol. 73(2), pages 201-228, August.
    21. Butler, Alexander W. & Cornaggia, Jess, 2011. "Does access to external finance improve productivity? Evidence from a natural experiment," Journal of Financial Economics, Elsevier, vol. 99(1), pages 184-203, January.
    22. Hanlon, Michelle & Lester, Rebecca & Verdi, Rodrigo, 2015. "The effect of repatriation tax costs on U.S. multinational investment," Journal of Financial Economics, Elsevier, vol. 116(1), pages 179-196.
    23. Harford, Jarrad & Humphery-Jenner, Mark & Powell, Ronan, 2012. "The sources of value destruction in acquisitions by entrenched managers," Journal of Financial Economics, Elsevier, vol. 106(2), pages 247-261.
    24. James R. Brown & Gustav Martinsson, 2019. "Does Transparency Stifle or Facilitate Innovation?," Management Science, INFORMS, vol. 65(4), pages 1600-1623, April.
    25. Ronald W. Masulis & Cong Wang & Fei Xie, 2007. "Corporate Governance and Acquirer Returns," Journal of Finance, American Finance Association, vol. 62(4), pages 1851-1889, August.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Harris, Jeremiah & O'Brien, William, 2018. "U.S. worldwide taxation and domestic mergers and acquisitions," Journal of Accounting and Economics, Elsevier, vol. 66(2), pages 419-438.
    2. Richardson, Grant & Taylor, Grantley & Obaydin, Ivan, 2020. "Does the use of tax haven subsidiaries by U.S. multinational corporations affect the cost of bank loans?," Journal of Corporate Finance, Elsevier, vol. 64(C).
    3. Urooj Khan & Suresh Nallareddy & Ethan Rouen, 2020. "The Role of Taxes in the Disconnect Between Corporate Performance and Economic Growth," Management Science, INFORMS, vol. 66(11), pages 5427-5447, November.
    4. Bradley S. Blaylock & Jimmy F. Downes & Mollie E. Mathis & Scott D. White, 2022. "Do bondholders incorporate expected repatriation taxes into their pricing of debt?," Review of Accounting Studies, Springer, vol. 27(4), pages 1457-1492, December.
    5. Chen, Novia X. & Shevlin, Terry, 2018. "“U.S. worldwide taxation and domestic mergers and acquisitions” a discussion✰," Journal of Accounting and Economics, Elsevier, vol. 66(2), pages 439-447.
    6. Austin, Josh & Harris, Jeremiah & O'Brien, William, 2020. "Do the most prominent firms really make the worst deals? How selection issues affect inferences from M&A studies," Journal of Banking & Finance, Elsevier, vol. 118(C).
    7. De Simone, Lisa & Klassen, Kenneth J. & Seidman, Jeri K., 2022. "The effect of income-shifting aggressiveness on corporate investment," Journal of Accounting and Economics, Elsevier, vol. 74(1).
    8. Gu, Tiantian, 2017. "U.S. multinationals and cash holdings," Journal of Financial Economics, Elsevier, vol. 125(2), pages 344-368.
    9. Dong, Qi Flora & Cao, Yiting & Zhao, Xin & Deshmukh, Ashutosh, 2019. "Responses of US multinational firms to a temporary repatriation tax holiday: A literature review and synthesis," Journal of Accounting Literature, Elsevier, vol. 43(C), pages 108-123.
    10. Hanlon, Michelle & Lester, Rebecca & Verdi, Rodrigo, 2015. "The effect of repatriation tax costs on U.S. multinational investment," Journal of Financial Economics, Elsevier, vol. 116(1), pages 179-196.
    11. Todtenhaupt, Maximilian & Voget, Johannes & Feld, Lars P. & Ruf, Martin & Schreiber, Ulrich, 2020. "Taxing away M&A: Capital gains taxation and acquisition activity," European Economic Review, Elsevier, vol. 128(C).
    12. Bird, Andrew & Edwards, Alexander & Shevlin, Terry, 2017. "Does U.S. foreign earnings lockout advantage foreign acquirers?," Journal of Accounting and Economics, Elsevier, vol. 64(1), pages 150-166.
    13. Chinmoy Ghosh & Cristian Pinto‐Gutiérrez & Jaideep Shenoy, 2024. "Does negative news disclosure induce better decision‐making? Evidence from acquisitions," The Financial Review, Eastern Finance Association, vol. 59(2), pages 325-372, May.
    14. Rebecca Lester, 2019. "Made in the U.S.A.? A Study of Firm Responses to Domestic Production Incentives," Journal of Accounting Research, Wiley Blackwell, vol. 57(4), pages 1059-1114, September.
    15. Hossain, Md Miran & Javakhadze, David, 2020. "Corporate media connections and merger outcomes," Journal of Corporate Finance, Elsevier, vol. 65(C).
    16. Babkin, Anton & Glover, Brent & Levine, Oliver, 2017. "Are corporate inversions good for shareholders?," Journal of Financial Economics, Elsevier, vol. 126(2), pages 227-251.
    17. Blouin, Jennifer L. & Fich, Eliezer M. & Rice, Edward M. & Tran, Anh L., 2021. "Corporate tax cuts, merger activity, and shareholder wealth," Journal of Accounting and Economics, Elsevier, vol. 71(1).
    18. To, Thomas & Wu, Eliza & Zhao, Diya, 2024. "Global board reforms and corporate acquisition performance," Journal of Corporate Finance, Elsevier, vol. 87(C).
    19. Anastasia Stepanova & Vladislav Savelyev & Malika Shaikhutdinova, 2018. "The Anchoring Effect in Mergers and Acquisitions: Evidence from an Emerging Market," HSE Working papers WP BRP 63/FE/2018, National Research University Higher School of Economics.
    20. Beyer, Brooke & Downes, Jimmy & Rapley, Eric T., 2017. "Internal capital market inefficiencies, shareholder payout, and abnormal leverage," Journal of Corporate Finance, Elsevier, vol. 43(C), pages 39-57.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bla:finrev:v:57:y:2022:i:1:p:95-127. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Wiley Content Delivery (email available below). General contact details of provider: https://edirc.repec.org/data/efaaaea.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.