Arianti (2020)
Arianti (2020)
Arianti (2020)
DOI: http://dx.doi.org/10.26675/jabe.v4i2.8271
Abstract: This research aims at providing empirical evidence of the effects of corporate social responsibility (CSR)
and institutional ownership on tax avoidance with independent commissioner as the moderator. The study’s
population is 66 mining and agricultural companies listed in the Indonesia Stock Exchange from 2013 - 2017.
Employing a purposive sampling technique, 10 mining and agricultural companies are taken as the samples out of 50
annual reports from 2013 - 2017 observed. The research employs the Moderated Regression Analysis (MRA) as the
data analysis technique. The research results indicate that corporate social responsibility (CSR) variable does not
influence tax avoidance and institutional ownership variable influences tax avoidance. Independent commissioner
may weaken the effect of corporate social responsibility (CSR) on tax avoidance and strengthen the effect of
institutional ownership on tax avoidance. The implication of this research is to examine the importance of tax payment
and expectedly increase the community’s awareness, especially related parties, of the obligation to pay their taxes
appropriately and, with the research’s results, the public is expected to be aware of the importance of paying taxes,
especially large companies, so as not to take tax avoidance measures for Indonesia’s improved and stable economy.
Keywords: Corporate Social Responsibility, Institutional Ownership, Tax Avoidance, Independent Commissioner
INTRODUCTION
Tax is the most potential source of state revenue occupying the highest percentage in the State
Budget (APBN) compared with any other sources. In this regard, the government, particularly the
Directorate General of Taxes (DJP), is expected to optimize state revenue through its functions in driving
sustainable and equitable economic growth. Companies also tend to search for a way to reduce the amount
of tax they have to pay (Ngadiman & Puspitasari, 2014). To reduce the amount of tax they should pay,
company may reduce the tax value in compliance with prevailing tax regulation (tax avoidance) or reduce
the tax value by committing unlawful act (tax fraud) (Maraya & Yendrawati, 2016).
The existing field facts show that until now state tax-revenue is not maximal yet. Minister of
Finance, Sri Mulyani, acknowledges that the trend of tax receipt in Indonesia has declined. Current
realization of tax receipt is lower than target state budget (Apriliyana & Suryarini, 2018).
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Responsibility (CSR) significantly influences tax avoidance. Higher disclosure of Corporate Social
Responsibility (CSR) will reduce company’s tax avoidance practice. Therefore, the higher the CSR
disclosure, the higher the tax avoidance is conducted. In the context of Indonesia, there is no research
conducted related to CSR and institutional ownership on tax avoidance, especially in connection with
independent commissioner. The indication of tax avoidance practice in foreign investment company sector,
Indonesia’s low tax ratio compared to that of some ASEAN countries and mining sector’s low tax ratio
compared to the national tax ratio as well as the tax audit findings on some mining companies leading to
tax deficiency notice are phenomena which represent tax avoidance attempts (Hidayat et al., 2016).
From the perspective of psychological theory, namely the theory of planned behavior, in relation to
tax avoidance, companies should be willing to pay their taxes, thus this variable also influences the three
variables: CSR, institutional ownership and independent commissioner. Meanwhile, according to the
Agency Theory and the stakeholder theory, in relation to CSR, independent commissioner and institutional
ownership on tax avoidance, every company should perform their activities not only for the sake of
shareholders, but also all stakeholders, including the government through compliance with tax obligation
and non-performance of tax avoidance.
The phenomena and research above encourage the author to perform a research on the topic of tax
avoidance and use the Effective Taxes Rate (ETR) proxy. ETR is the effectiveness of corporate tax
payment which reflects the amount of tax avoidance on the calculated tax rate on corporate profit. ETR
represents the percentage of company’s actual tax payment from its commercial profit. The lower the ETR
value, the higher the tendency of a company to perform tax avoidance. This research is conducted aiming at
empirically describing and explaining the influence of CSR and institutional ownership on tax avoidance as
well as the influence of independent commissioner.
This research is regarding the moderation effect of independent commissioner of CSR and
institutional ownership on tax avoidance and supports the research conducted by Amalia (2019) proving
that there is positive correlation of CSR disclosure with tax avoidance, differently from the researches
conducted by Jamei (2017), Gulzar et al., (2018) and Apriliyana & Suryarini (2018) showing that there is
no significantly correlation between the number of board members, proportion of non-assigned members,
institutional ownership and tax avoidance or institutional ownership and CSR quality does not influence
corporate tax avoidance with tax rate as the indicator.
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Institutional Ownership
Institutional Ownership is institution with big interest in share investment in a company (Laily,
2017). Existing institutional ownership in a company results in supervision by the institution with
shareholding in the company by monitoring the management’s performance, including tax avoidance
practice.
The research conducted by Ngadiman & Puspitasari (2014) states that institutional ownership is
shareholding percentage by institution party. Dewi & Jati (2014) supportively argue that institutional
ownership is the party to monitor company with big institutional ownership (more than 5%), identifying its
high capability to monitor the management. The institution may be in the form foundation, bank, insurance
company, investment company, pension fund, limited liability company (PT) and other institution. Existing
institutional ownership in a company will encourage more optimal supervision over the management’s
performance. Because of corporate responsibility to shareholders, institutional owner has incentive to
ensure that corporate management makes decision which will maximize shareholder’s welfare.
Independent Commissioner
Independent commissioner is defined as an individual unaffiliated in any regards to controlling
shareholders, unaffiliated to any director or board of commissioners, and not assuming director position in
related company. In Indonesia Stock Exchange, there is a regulation that a company must have independent
commissioners at least 30% of the board of commissioners, thus the supervision may be performed in such
a way (Annisa & Kurniasih, 2012).
Board of commissioners may consist of one or more person. Board of commissioners is an
assembly, that in case the board of commissioners consists of more than 1 (one) member, each member of
board of commissioners cannot act individually, but under board of commissioners’ decision. The number
of members of board of commissioners may be regulated in company’s Articles of Association. In addition,
company may regulate 1 (one) or more independent commissioners and 1 (one) delegated commissioner.
Tax Avoidance
Laily (2017) defines tax avoidance as taxpayer’s act to unclearly violate the law, although it is
sometimes clearly interpreted as law not according to law makers’ purposes and objectives. Tax Avoidance
is a tax avoidance activity while abiding by prevailing rules, which means that tax avoidance is performed
under corridor of tax laws and regulations. Tax avoidance or tax resistance is a constraint in tax collection,
causing state treasury’s reduced revenue (Bachtiar, 2015). Tax avoidance is company’s attempt to
minimize the amount of tax it have to pay by lowering corporate profit.
Tax avoidance means tax avoidance attempt legally and safely performed by taxpayer since it is not
contradictory to tax provisions, in which the method and technique used tends to utilize existing
weaknesses (grey area) in tax laws and regulations, in order to minimize the amount of payable tax
(Agustina & Aris, 2017). Company which performs tax avoidance is deemed socially irresponsible. The
correlation between independent variable (Corporate Social Responsibility and institutional ownership),
independent commissioner moderation variable and dependent variable is that tax avoidance may be
described in the following research model:
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Corporate Social H1
Responsibility (X1)
Tax Avoidance (Y)
Institutional H2
Ownership (X2) H4
H3
Independent
Commissioner (Z)
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lower the tax avoidance is performed by corporate management. Bapepam regulation requires the
proportion of independent commissioner of only 30%. The more the number of independent
commissioners, the higher its influence in supervision over management’s performance is. This supervision
may reduce any arising agency issues like management’s opportunistic attitude towards tax burden
reduction. With stronger supervision, management will more carefully make decision and transparently
operate the company, thus tax avoidance may be minimized for the company to maintain its survival.
The research conducted by Simorangkir et al., (2018) states that it is important for independent
commissioner to monitor corporate behaviors or attitudes and decisions in consideration of the needs of the
society and in compliance with prevailing regulations where company operates its business. Therefore,
independent commissioner must be able to monitor management’s attitudes, behaviors, decisions and acts
so that they will not perform any act which may threaten company’s legitimacy, such as tax aggressiveness.
This research supports the research conducted by Lanis & Richardson (2012) wjocj finds that board of
independent commissioners is able to reduce tax avoidance. Company which performs tax avoidance is
deemed socially irresponsible and in contrary to the Corporate Social Responsibility principle. Based on
the explanation, this research takes the following hypothesis:
H3: Independent commissioner may moderate the influence of corporate social responsibility on tax
avoidance
H4: Independent commissioner may moderate the influence of institutional ownership on tax
avoidance
METHODS
This quantitative research employs a descriptive method. The research location is mining and
agricultural companies listed at the Indonesia Stock Exchange (BEI) in the period 2013 – 2017 (5 years)
obtained by accessing BEI website (www.idx.co.id). The research aims at testing the influence of CSR and
institutional ownership on tax avoidance with independent commissioner as the moderator. The population
is 66 mining and agricultural companies but not all of them are taken as the research objects in adaptation
to the sampling method, purposive sampling method, with 10 companies are meeting certain criteria
pursuant to the sampling method, which are:
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In control of the influence of independent variable (CSR) on dependent variable (tax avoidance)
not to be influenced by any other non-studied factors and in control of the influence of moderating variable
(independent commissioner), this research employs each variable so as to strengthen the research model,
with an explanation that Tax Avoidance is any efforts performed to reduce tax burden with comparison
between tax burden and profit before tax as the indicator (Dyreng et al., 2017). Corporate Social
Responsibility is company’s commitment to participating in sustainable economic development in
improving the quality of life and environment beneficial to the company itself and the society with an
indicator that in case of CSR disclosure, the score is 1 and if otherwise, the score is 0 (Apriliyana, 2018;
Jessica, 2014). Institutional ownership is the number of shareholders from out of the company, particularly
institution, either financial or non-financial (Putra et al., 2018) with comparison between the amount of
institutional shares and the amount of issued shares as the indicator (Dewi & Jati, 2014; Diantri & Ulupui,
2016; Putra et al., 2018). Independent commissioner variable is defined as individual unaffiliated in any
regards to controlling shareholder, without affiliated relationship with directors or board of commissioners,
not assuming position as director of a company related to measurement instrument, which is comparison
between the number of independent commissioners and number of all members of board of commissioners
(Annisa & Kurniasih, 2012).
This research employs Moderate Regression Analysis (MRA) to analyze the data and an interaction
test instrument of special application of multiple linear regression, of which regression equation contains
interaction element (two or more multiplication of independent variable). The interaction test is conducted
by multiplying the variables hypothesized as moderating variable by the independent variable. One of the
characteristics to note in the calculation in regression analysis is the moderating effect or interaction effect,
which is the existing condition when a variable influences the form of relationship between other
independent variable and dependent variable (Sugiyono, 2016).
RESULTS
Hypothesis test is conducted using the Moderated Regression Analysis model or interaction test in
examining whether a variable taken as the moderation variable may strengthen or otherwise (weaken) the
relationship between independent variable and dependent variable. Below is the result of moderation test of
each variable.
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In the result of MRA on interaction above, the significance value of t test of CSR variable is 0.360.
This value is higher than 0.05, showing that CSR variable does not influence tax avoidance and
institutional ownership variable is 0.025. The value is lower than 0.05, showing that institutional ownership
variable influences tax avoidance. The interaction value test result shows that moderating variable X1*Z
has t count value of -1.298 t table 2.000 with significance level of 0.201, higher than 0.05. This means
that independent commissioner variable is moderation variable which weakens the relationship of CSR
variable with tax avoidance. Furthermore, X2*Z has t count of -2.924 t table 2.000 with significance
level of 0.005, lower than 0.05. This means that independent commissioner variable is moderation variable
which strengthens the relationship of institutional ownership variable with tax avoidance. The result may
be observed in the following table:
DISCUSSION
CSR’s Influence on Tax Avoidance
The result of the first hypothesis test (H1) shows that CSR does not significantly influences tax
avoidance. The lower the CSR value, the lower the ETR value is, in which lower ETR value shows high tax
avoidance level. This explains that the lower a company performs CSR activity, the lower its responsibility
in performing its tax obligations is, or the lower a company’s CSR, the higher it performs tax avoidance.
CSR is the form of accountability to the society (environment, customer, employee, supplier and other
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community). Tax compliance is the form of taxpayer’s accountability to the government. CSR is negatively
correlated with tax compliance. Therefore, CSR is not inversely proportional to tax avoidance.
This research result supports the research conducted by Permata & Adiwibowo (2017), that
companies with socially irresponsible CSR activity has higher involvement in tax avoidance. Meanwhile,
other researches show that CSR variable does not significantly influences tax avoidance practice proxied
with ETR. Therefore, the first hypothesis is unacceptable (rejected) (H Lionita & Kusbandiyah, 2017;
Ayufa et al., 2018). This shows that the extent of CSR disclosure a company makes in its annual report
does not influence its tax avoidance practice, which means that in case CSR disclosure level is higher, the
company does not necessarily perform tax avoidance. In addition, CSR has become an obligation in some
companies and CSR application positively influences company, environment and surrounding society,
helping company smoothen its operational processes and free of any disturbance.
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encourage corporate management to disclose CSR more widely to shareholders (Prasetyo & Bambang,
2018). The existence of board of independent commissioner may reduce tax avoidance practice and is
expected to strengthen the relationship between institutional ownership and tax avoidance which will thus
reduce tax avoidance act by the management. Therefore, it is likely that institutional party’s supervision in
prevention of tax avoidance does not run well as expected, since institutional ownership is of shares of
minority.
CONCLUSION
Based on the result of data analysis and discussion as described above, we may conclude that CSR
does not influence tax avoidance. The second hypothesis shows that institutional ownership influences tax
avoidance. Furthermore, independent commissioner weakens CSR’s influence on tax avoidance and
independent commissioner may strengthen institutional ownership’s influence on tax avoidance. This
research is still bound by limitation and needs development in further research, that this research only
employs 4 variables, namely CSR, institutional ownership, independent commissioner and tax avoidance
variables, is conducted in a limited period from 2013-2017 and is only conducted with companies operating
in manufacturing sector only. Besides, the tax rate of each of sample companies is not known, thus the
researcher cannot categorize whether or not the sample companies perform tax avoidance. In addition, CSR
disclosure is also not classified based on indicator group. Further research is expected to take longer period
and classify CSR disclosure based on indicator group, thus it may identify which indicator group
dominantly reduces tax avoidance. In consideration of some existing limitations, the research suggests
further research to add other variables to detect company’s tax avoidance activity, such as audit quality,
GCG mechanism and others and add other measurement model approach to proxy tax avoidance act
measurement to strengthen further research’s findings. Based on the research result, the research
implication is that it has social impact of examining the importance of tax payment and is expected to
enhance the society’s willingness, especially related parties, to pay their tax in the appropriate amount,
which will have impact on Indonesia’s economy. In economic perspective, the research impact is that it
discusses tax, especially tax avoidance which causes tax receipt to never reach target rate. With this
research, the society is expected to be aware of the importance of tax payment, especially big parties, so
that they will not perform such act, for Indonesia’s stable economy and its improvement and achieved
target, since tax is the biggest support of the state revenue used for the development and the people’s
welfare.
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