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Article 43
Article 43
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Dr. Öğr. Üyesi Rana DAYIOĞLU ERUL
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PSİKOLOJİK VE SOSYOLOJİK
YÖNLERİYLE VERGİLENDİRME
PSYCHOLOGICAL AND
SOCIOLOGICAL ASPECTS OF
TAXATION
PSİKOLOJİK VE SOSYOLOJİK
YÖNLERİYLE VERGİLENDİRME
PSYCHOLOGICAL AND
SOCIOLOGICAL ASPECTS OF
TAXATION
Editör
Rana DAYIOĞLU ERUL
PSİKOLOJİK VE SOSYOLOJİK YÖNLERİYLE
VERGİLENDİRME
PSYCHOLOGICAL AND SOCIOLOGICAL ASPECTS
OF TAXATION
ISBN 978-625-8275-35-3
Baskı Eylül 2022, Ankara
0.312 215 14 50
www.gazikitabevi.com.tr
info@gazikitabevi.com.tr
gazikitabevi
Sosyal Medya
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ÖNSÖZ
İÇİNDEKİLER................................................................................... VII
Natrah SAAD*
Abdul Salam MAS’UD**
Saliza ABDUL AZIZ***
Nor Aziah ABD MANAF****
Abstract
*
Associate Professor, Tunku Puteri Intan Safinaz School of Accountancy, Universiti
Utara Malaysia, natrah@uum.edu.my, https://orcid.org/0000-0002-9661-0131.
**
Dr., Federal University Dutse, Nigeria, masudabdussalam@yahoo.com, https://orcid.
org/0000-0002-1722-9798.
***
Associate Professor, Tunku Puteri Intan Safinaz School of Accountancy, Universiti
Utara Malaysia, saliza@uum.edu.my, https://orcid.org/0000-0002-7664-2865.
****
Professor, Tunku Puteri Intan Safinaz School of Accountancy, Universiti Utara
Malaysia, aziah960@uum.edu.my, https://orcid.org/0000-0001-8985-9900.
70 Exploring the Tax Compliance Behaviour of High Net Worth Individuals in Malaysia
INTRODUCTION
1. UNDERSTANDING HNWIS
The most commonly applicable definition of HNWIs is that of OECD
(2009), which refers to individuals with a net worth totalling USD1 million
either directly or through trust and other controlled entities. In contrast, in
Australia, HNWIs are considered as those who effectively control a net
worth of A$30 million or more directly or through their associate, while
in South Africa, HNWIs are those with 7 million Rand gross income and/
or 75 million Rand gross wealth (Kangave et al., 2016). In Uganda, three
criteria are used in defining HNWIs (Kangave et al., 2018). The first is
rental income or land and property transaction. This is so considering the
fact that Uganda is a real estate economy. In relation to this, an individual
is considered an HNWI if he/she generates a rental income of USD142,000
annually or engages in the buying and selling of land for which the value
exceeds USD285,000 in a five-year period.
instance, the earlier studies such as OECD (2009), Kangave et al. (2016),
Van Vuuren (2016), Rossi (2018), as well as Kangave et al. (2018)
centred on tax administration issues of HNWIs in terms of complexity
of identifying the sources and nature of their income, opportunity for
non-compliance through aggressive tax planning aided by tax advisors,
integrity to tax administration, audit approach, whistle blowing, offshore
amnesty program, and exchange of information program. The only study
that focused on estimating the determinants of tax non-compliance of
HNWIs is Rosli et al. (2018). While the study has utility values, it focused
mainly on economic determinants estimated through IRBM’s audited
data such as tax rate, income level, income source, and use of tax agent.
However, suggestions have been made in the literature where economic
factors alone cannot explain tax compliance and needs to be supported with
socio-psychological factors and fiscal psychological factors (Hasseldine &
Bebbington, 1991; James & Alley, 2002). It is also important to note that
the above-mentioned studies are quantitative in nature and focusing more
on the economic factors contributing towards their compliance behaviour.
Hence, this study aims to bridge the gap by revealing HNWIs tax
compliance decision, the underlying motivations towards such behaviour
as well as how to improve their compliance behaviour. This is pertinent
considering their potential tax contribution towards the nation.
3. RESEARCH METHOD
A survey and interviews were employed with tax professionals as a
proxy for HNWIs to answer the objectives of the study. This is so, because
tax matters are sensitive issue that HNWIs may not be willing to disclose.
Furthermore, like other countries, tax affairs of the HNWIs are normally
managed by tax professionals (particularly Big Four) due to its complexity.
For the survey, 500 questionnaires were distributed. Out of that, 123
responses were collected, but 23 were later dropped from the analysis as
they stated that they did not handle HNWIs clients.
74 Exploring the Tax Compliance Behaviour of High Net Worth Individuals in Malaysia
As for interview, five tax professionals of Big Four who had been
dealing with HNWIs were interviewed in December 2020. Prior to the
interview sessions, the participants were briefed on the objectives of the
research and the confidentiality of their identity. Each interview session
took approximately 20 to 30 minutes which was recorded with the consent
of the participants and transcribed accordingly. To ensure the correct
information was gathered, note taking was also performed. The transcripts
were then analysed using thematic analysis, following Braun and Clarke
(2006). Thematic analysis is a method that identifies, analyses and reports
patterns within data. This thematic analysis was performed in six phases
following the step-by-step guide by Braun and Clarke (2006). The phases
are data familiarisation, initial code generation, themes search, review of
themes, defining the themes, and naming the themes.
4. RESULTS
This section describes the results of the study. It begins with demographic
information of the respondents and followed by the survey and interview
findings.
and above as tax professionals, while the remaining respondents (34%) had
experience of less than five years.
Generally, 50% indicated that most of their clients are small companies,
followed by mid-sized companies (36%) and individuals (4%). Irrespective
of this, all the tax professionals admitted that they have HNWIs clients.
This is important to ensure that their perceptions reflect their experience in
dealing with HNWIs.
For under-reporting income, the mean value for every item is below
2.50 which indicates that tax professionals perceive that the HNWIs were
not in favour of under-reporting their incomes. Overall, the mean score for
the three items is 2.21 with a standard deviation of 0.84. In other words,
the HNWIs considered that it is tax non-compliance if they did not report
a certain income, exclude extra income, as well as hide some cash income
generated from other sources of income, contract or services rendered.
Natrah SAAD - Abdul Salam MAS’UD - Saliza ABDUL AZIZ - Nor Aziah ABD MANAF 77
Under-reporting Incomes
(UI) n Minimum Maximum Mean SD
HNWIs may consider it
permissible not to report an
income in a tax return for 100 1 5 2.05 1.01
business done among them
(UI1).
HNWIs may believe it is
acceptable to report income
without including extra income 100 1 5 2.22 0.99
generated from other sources
of income (UI2).
HNWIs may perceive that it is
permissible not to report cash
100 1 4 2.37 1.02
being paid for a contract or
services rendered (UI3).
Underreporting Incomes 100 1 5 2.21 0.84
(Informant 4)
“Only few groups who really don’t care about submitting the forms.
Sometimes, it is the people who are protected in this country, for example,
politicians and royalty. They couldn’t care, really don’t care because
they think they are above the law. Then you have another group who are
involved in illegal sector, underground sector and of course the privileged
people who cannot be touched particularly because you are connected to
politicians and royalty.”
(Informant 4)
(Informant 5)
(Informant 1)
(Informant 4)
“There are cases that I’ve gone through before. Basically, they will
try to hide directors’ expenses (which are non-allowable expenses) within
the company’s expenses. Usually, they record directors’ expenses under
entertainment or travelling expenses. Apart from directors’ expenses, they
will also manipulate benefit in kind. Sometimes, they will register directors’
cars under company’s names in order to enjoy the benefits. Usually, they
will claim more than the actual expenses.”
(Informant 2)
“They should have filed the return. They may have missed out
information, or they may not know that they have to declare. For example,
if they have sold their property or something, they may have not declared
that. Another problem is, HNWIs don’t have time to handle this matter,
they give it to tax advisors. Sometimes, HNWIs are serviced by possibly
the tax advisors who don’t have the capacity to service them. That’s why
they end up being non-compliant.”
(Informant 4)
Natrah SAAD - Abdul Salam MAS’UD - Saliza ABDUL AZIZ - Nor Aziah ABD MANAF 81
(Informant 3)
(Informant 1)
(Informant 5)
“I think the only thing we can do is to persuade and educate them. They
need to be responsible to the country, where they have made the money and
they ought to pay tax, that is more on parenting them to comply.”
(Informant 4)
“To certain extent, HNWIs may not comply because of lack of awareness.
Awareness can be created in the form of education and marketing. My
main concern here is the marketing should be done in multilingual. Of
82 Exploring the Tax Compliance Behaviour of High Net Worth Individuals in Malaysia
course, we can see nowadays several marketing has been done in Malay
and English, but I still think it should be multi language, like Mandarin
and Tamil, in order to reach them out. Also, we must reach out to schools.
To create awareness on tax matters at the young age will result in low
vandalism rate and high mutual respect. In fact, it will create the value that
whatever you earned, not all are yours. Creating awareness at the micro
level will create a healthier lifestyle.”
(Informant 3)
“If you are going with penalty and stick approach, they are immune to
this. And those who are carrying out illegal businesses, they are dealing
with all those misconducts on day-to-day basis, they are prepared to bribe,
corrupt every segment, they used to this. So, that kind of penalty is not
something that they are worried about.”
(Informant 4)
(Informant 5)
“I don’t think severe penalty will help. In fact, the higher the penalty,
HNWIs will be more motivated to not comply. It will trigger them to further
hide their incomes.”
(Informant 2)
Natrah SAAD - Abdul Salam MAS’UD - Saliza ABDUL AZIZ - Nor Aziah ABD MANAF 83
“Even penalty will not work. They don’t bother about it. They don’t care.
Whatever happens they can get out. Even if you catch them, they will pay
the money. Penalties are not deterrence, because they have gone beyond
penalties that have been applied. I mean if there is stricter enforcement and
apply it across the board like imprisonment or something like that, then it
may work. But the problem is whether the enforcers themselves will have
the power or the willpower to do so.”
(Informant 4)
(Informant 2)
“Audit will also not work. Even if you catch them, fine I will pay the
money. Then we will see how to settle, once in 10 years, so what.”
(Informant 4)
“When we discuss with people at the top, the deputy DG and things
like that, everything seems to be agreeable and all that, but then when
it comes to each branch when they carry out the audit etc., although the
broad guidelines are there, but how they implement it, again, will be
human factor that come in. They will go back to the KPI. I don’t care about
84 Exploring the Tax Compliance Behaviour of High Net Worth Individuals in Malaysia
(Informant 1)
“It is the role of the IRBM to perform audit. Every time they conduct
audit, they will make sure there is additional assessment. That results
in taxpayers’ disappointment. They will motivate those who comply and
perform audit and investigation on non-compliant taxpayers. Are they
performing their duties diligently and equitably?”
(Informant 5)
(Informant 3)
“Maybe the auditors can focus more on hotspot areas such as directors’
fees, entertainment and travelling expenses, and benefit in kinds. They
will set up small number of errors to be identified by the IRBM and hide
the substantial ones. Usually when the IRBM found the small number of
mistakes and met their KPI, then they are happy. But there are other serious
and substantial amount hidden are overlooked.”
(Informant 2)
(Informant 4)
“The difficulty that HNWIs face now because of the AEOI, the tax
authorities are now like IRBM for example, they start to receive all this
information about the foreign income of these people now. Where the
HNWIs are concerned, most of them, the accumulation of the wealth is
not just one generation. It is from few generations before. Unfortunately,
I find that it is a bit unreasonable to ask these people to account for their
wealth, everything that they had, based on 1 Dec 2017 balances. When
you asked them to explain and provide documentary evidence to prove
that the money that they have there is not income from Malaysia, they
have not been taxed, how to prove? Do you think the grandparents had
86 Exploring the Tax Compliance Behaviour of High Net Worth Individuals in Malaysia
all evidence? To me, that is ridiculous because IRB stance is like this. You
cannot give me documents, you cannot explain to me, you cannot show to
me, you cannot prove to me that this is not Malaysian source, I will raise
the assessment. So, if you have hundred million in foreign bank accounts,
you cannot give me all these, I will raise the assessment on that hundred
million assuming them as Malaysian source income of which you have not
taxed before, and I want to tax you now. How can that be? May be, you
take 2017 as the opening figure. And whatever you have received from
offshore all information, you take that as opening balance. Then maybe the
incremental increase in 2018, 2019, you ask them to explain, this is easier
because it is within their control.”
(Informant 1)
“In order to put HNWIs at the same level playing field, the tax return
forms should have a column on capital statement. In this column, the
HNWIs have to report all incomes whether taxable or not. This statement
is important to highlight the sources of incomes which are not taxable
such as dividends and investment in foreign currencies. It is easy to justify
that HNWIs do pay tax on chargeable incomes. The other column is not
considered chargeable incomes, so no tax is due.”
(Informant 5)
“If you asked for the capital statement, then things come out. Capital
statement is one way bringing the HNWIs, you make them conscious of
their responsibility. HNWIs capital statement is just one way to discover.
I am talking about the real HNWIs, the remaining 85% who may not be
complying. If you do the net worth statement, they will come out properly.
Every year they will be looking at it and taking care of their taxes more
properly. Because I am sure 85% of HNWIs want to file their taxes properly.
Natrah SAAD - Abdul Salam MAS’UD - Saliza ABDUL AZIZ - Nor Aziah ABD MANAF 87
Sometimes they don’t know. They don’t realise their tax agents’ mistakes.
Even the tax agents themselves don’t know how to fulfill this. They may not
have the right information and they don’t ask the right person.”
(Informant 4)
(Informant 3)
CONCLUSION
The current study contributes to the literature in several ways. First,
it provides the understanding on the level of HNWIs’ tax compliance
behaviour, and the underlying reasons of such behaviour. While generally,
HNWIs appear to be compliant with their tax obligations, it seems that
the public perception that HNWIs are not paying enough taxes partially
agreed by the tax professionals. In fact, they claimed that the majority are
paying accordingly to ensure their reputation is not tarnished following the
tax disputes. Interestingly, they further suggest that a certain elite group
may have engaged in noncompliance behaviour with the perceptions
that they are above the law. Having said that, the tax professionals do
admit that minority of HNWIs may engage in noncompliance due to
lack of knowledge or professional advice. Second, this study highlights
88 Exploring the Tax Compliance Behaviour of High Net Worth Individuals in Malaysia
ACKNOWLEDGEMENT
We would like to thank the Inland Revenue Board of Malaysia for the
grant awarded that enable the conduct of this research. Also, we would like
to thank the Research and Innovation Management Centre of UUM who
have facilitated the process.
REFERENCES
Allingham, M. and Sandmo, A. (1972). Income Tax evasion: A Theoretical
Analysis. Journal of Public Economics, 1(3/4), 323-338.
Braun, V., and Clarke, V. (2006). Using Thematic Analysis in Psychology.
Qualitative Research in Psychology, 3(2), 77-101.
Fischer, C. M., Wartick, M., and Mark, M. M. (1992). Detection Probability
and Taxpayer Compliance: A Review of the Literature. Journal of
Accounting Literature, 11, 1.
Hasseldine, D. J. and Bebbington, K. J. (1991). Blending Economic
Deterrence and Fiscal Psychology Models in the Design of Responses
Natrah SAAD - Abdul Salam MAS’UD - Saliza ABDUL AZIZ - Nor Aziah ABD MANAF 89