State-induced, Strategic, or Toxic? An Ethical
Analysis of Tax Avoidance Practices
Simone de Colle
IÉSEG School of Management (LEM-CNRS), Paris
Ann Marie Bennett
National University of Ireland, Maynooth
Abstract: Tax avoidance practices by Multinational Enterprises (MNEs) such as
Google, Microsoft, Apple, Starbucks and others are increasingly under scrutiny both
from a legal and an ethical perspective. In 2013, the OECD launched an ‘Action
Plan’ to encourage the G20 countries to address Base Erosion and Proit Shifting
through an internationally co-ordinated approach, arguing that tax avoidance rep-
resents a risk for tax revenues and tax fairness, potentially “undermining taxpayers
voluntary compliance.” The analysis of tax avoidance in the existing business ethics
literature suffers from a black-and-white approach, contending either that tax avoid-
ance is unethical (e.g. Prebble and Prebble 2010) or that, being legal, tax avoidance
is also ethical (e.g. Houghton 1979). However, we believe that within tax avoidance
practices there are important distinctions to be made. In this paper, we analyze the
ethics of tax avoidance by identifying three different forms of avoidance practices:
state-induced, strategic, and toxic avoidance. We develop a more nuanced approach
reviewing both the ethical arguments in defense and the ethical issues associated
with each form of tax avoidance. Finally, we propose an ethical framework that
could assist executives and policy-makers in their decision-making concerning tax
avoidance.
Key Words: tax avoidance, tax evasion, toxic avoidance, tax policy, multinational
enterprises, stakeholder responsibility.
© Business & Professional Ethics Journal. ISSN 0277-2027.
Correspondence may be sent to Ann Marie Bennett, annmarie.benentt@nuim.ie,
or Simone de Colle, sd7ua@virginia.edu
Business & Professional Ethics Journal
doi: 10.5840/bpej20145111
Online First: May 2, 2012