1.
financial RepoRTing and Tax law:
inTRoducToRy RemaRks
1. Tax and Financial Reporting Legislation: Introductory Remarks
Financial reporting is a complex document with twofold purpose: to be
a business management tool and to represent the communication element
par excellence towards the company’s external community. Financial
reporting, interpreted as a business management tool, is not subject to
any regulations, and the company can draw up this document according
to the criteria it deems most correct. This is true from both a formal and
a substantive point of view. However, from a substantive point of view, if
financial reporting is true and correct, it is not clear how internal financial
reporting could be different from financial reporting that must file with the
Chamber of Commerce to become a public document. The form, on the other
hand, i.e. the classification structure of the financial statements, if such a
document is internal, is free. Each company may opt for the reclassification
it deems most consistent with its overall situation and organisation. This
text will focus only on public financial reporting, i.e. the document intended
for third parties external to the company. This document has undergone
considerable changes over time concerning the items’ substance and the
form of the financial statement structure. In the first and second volumes of
this trilogy of textbooks, we will analyse the historical legislative evolution
of financial reporting. This analysis will, however, be complemented by the
simultaneous in-depth examination of tax legislation concerning corporate
income taxation and its connection to financial reporting results. Here, too,
attention will be focused not so much on the individual tax regulations that
have followed one another over time but on the interrelationships that can
be identified between these regulations and the content of financial reporting
regulated first by the commercial code and then by the civil code. As we shall
subsequently highlight, there are companies subject to IAS/IFRS, which we
shall discuss in the following pages. The analysis in these texts will, however,
focus mainly on the financial statements governed by the civil code and the
tax legislation relating to companies that must prepare their financial reports
following the civil code.
The main objective of the trilogy of texts is to identify what kind of
relationship has existed and still exists between civil law and tax law. In
addition, the pragmatic behaviour of the financial reporter will be analysed,
since, as will be shown in the third volume, the attitude of the financial
reporter does not always follow the normative dictate of civil law and
tax law.
The theoretical analysis of the interrelationships between civil and tax law
financial reporting will therefore be completed by an in-depth examination
of the operational behaviour of those who draw up the balance sheet, the
profit and loss, the notes to the accounts and the cash flow statement.
In the third volume, in which the results of 25 years of research into the
relationship between financial reporting and tax law will be presented, it will
note that the pragmatic behaviour of financial reporting practitioners often
does not reflect the dictates of statutory and tax law.
In the first two volumes of this trilogy, however, the historical evolution
of the relationship between financial reporting and tax law will be analysed
up to the present day, where, if one had the will, one could comply with the
tax law and apply the civil law, even if this might mean losing a tax benefit
that very few wish to lose.
The following pages will analyse these issues from a theoretical and
operational point of view. The analysis will begin by considering the financial
reporting t relationship period at the end of the 1800s. The second volume, it
will end with the current regulations regarding this relationship.