Loginova T.A., Semkina T.I. —
VAT Adjustments in Relation to Capital Goods
// Taxes and Taxation. – 2019. – ¹ 5.
– P. 70 - 77.
DOI: 10.7256/2454-065X.2019.5.29929
URL: https://en.e-notabene.ru/ttmag/article_29929.html
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Abstract: The object of the research is taxation of capital assets in the foreign states and Russia. The subject of the research is adjustments of VAT in relation to capital goods. The authors of the article analyze cases when adjustment of VAT is needed in relation to capital goods. They describe differences in calculation of VAT subject to adjustment as well as other associated differences in the EU countries and Russian Federation. They underline that the foreign states apply a special formula to adjust VAT for each year in particular. The authors also describe peculiar features of adjusting VAT for capital goods in Germany, Great Britain, and France. The basis of the research is the analysis of tax legislation, in particular, collection of VAT when adjusted to capital goods. The researchers have applied the following research methods: comparison, thematic review and synthesis, deduction, description and systems approach. The novelty of the research is caused by the fact that the authors have analyzed guidelines applicable in the European Union in general and a number of certain countries in particular such as Great Britain which has allowed to create a general scheme of collection of VAT for capital goods in the EU states. The authors also provide concrete examples of how to calculate VAT adjustments in relation to capital goods. The authors' special contribution to the topic is their determination of a number of elements of VAT adjustment in the EU countries that play an important role but have never been covered by the Russian VAT adjustment scheme.
Loginova T.A. —
Evaluation of the Impact of Immovable Property Tax Deduction on the Process of Tax Burden Distribution
// Taxes and Taxation. – 2018. – ¹ 10.
– P. 39 - 48.
DOI: 10.7256/2454-065X.2018.10.28305
URL: https://en.e-notabene.ru/ttmag/article_28305.html
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Abstract: The object of the research is the process of taxation of immovable property belonging to physical entities and organisations based on their cadastral value. The subject of the research is the effective procedure of decreasing the tax burden in the process of immovable property taxation as a result of the transfer to cadastral evaluation. The author of the article focuses on the issues related to the distribution of tax burden as a result of implementing the effective procedure of the tax burden decrease by a certain square amount of a taxable object. Based on the analysis of selected taxable objects, the author carries out an empirical research. As a result of the research, the author concludes that the application of this procedure results in inequal taxation of objects of one kind and distribution of tax burden between taxpayers. The methodology of the research is based on general research principles such as the principle of objectivity and the principle of versatility. In the course of the research the author has also used such research methods as analysis, analogy, generalisation, tables and graphs to present data, etc. The shift to the cadastral value procedure for immovable property taxation purposes creates the need to apply measures aimed at preventino of the tax burden growth. However, the decrease of tax obligations at the account of deduction of taxable property square from the taxable base results in uneven and unfair distribution of the tax burden. Based on the analysis of a new immovable property taxation procedure, the author offers approaches to estabishing tax rebates and give recommendations on their improvement and raise of efficiency.
Loginova T.A., Milogolov N.S. —
Problems of Taxation of Hybrid Financial Instruments
// Taxes and Taxation. – 2018. – ¹ 8.
– P. 13 - 22.
DOI: 10.7256/2454-065X.2018.8.21173
URL: https://en.e-notabene.ru/ttmag/article_21173.html
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Abstract: Combination of debt and capital can be used as an instrument of tax planning. Hybrid mismatch arrangement is a tax planning technique which exploits the difference in qulifying of company or instrument for tax purposes in legislation of two or more jurisdictions. The aim of this scheme is to obtain tax advantage which will lead to diminishing of overall tax burden of group of companies. It is impossible to find out such tax planning technique and evaluate the existence of unbased tax advantage when analysing tax base of company only in one jurisdiction. Russian companies can be involved in such tax arbitrage technique because Russian jurisdiction is an object of international tax planning. There are no evidence of existence of such schemes because both court practice and Tax Code provisions aimes at countering such tax avoidance techniques are absent in Russia nowadays. In this article authors research possibilities and aims of using hybrid financial instruments in international tax planning, analyse relevant Russian tax law provosions. Also international expierence on setting anti-hybrid rules is reviewed. The methodological basis for the research are documents of OECD, European Commission, court cases, monographs and articles of Russian and foreign academics. The authors use common methods of research such as analysis, synthesis, deductuve approach, generalisation, and case analysis. As a result of this research they have detected a possibility of using certain techniques in international tax planning which facilitates tax avoidance. Risks of diminishing of corporate tax base in Russian Federation are increasing because of absence of anti-hybrid rules in Russian tax legislation. New ideas developed in this research include author’s suggestions on countering the possibilities of using hybrid mismatch arrangements in the tax jurisdiction of Russian Federation, in particular, we propose introduction of anti-hybrid legislation based on OECD Action 2 Deliverables. It will be in line with international best practice.
Loginova T.A. —
Results of Transferring to Real Property Taxation Upon Cadaster in Regions
// Taxes and Taxation. – 2017. – ¹ 12.
– P. 10 - 17.
DOI: 10.7256/2454-065X.2017.12.24813
URL: https://en.e-notabene.ru/ttmag/article_24813.html
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Abstract: The object of the research is the taxation of individual property based on the cadastral value in the Russian Federation constituents. The subject of the research is the basic elements of taxation of individual property based on the cadastral value. The author of the article examines approaches to establishing the mechanism of taxation of individual property based on the cadastral value in terms of the competence of local representative bodies and legislative body of Moscow. The author pays special attention to the results of transferring to the taxation of individual property based on the cadastral value in the Russian Federation constituents. The methodological basis of the research involves applicable legal provisions regarding taxation of individual property based on the cadastral value. In the course of her research Loginova uses the following research methods: analysis of legislation and statistical data, synthesis, analogue, observation and presentation of data in a form of a table. As a result of her research, Loginova discovers barriers that hinder the implementation of the rational policy of individual taxation based on the cadastral value including incompleteness of works aimed at creation of property unit cadaster and evaluation of these items of taxation, as well as undervaluation of the fiscal importance of the individual property taxation. The author's special contribution to the research of the topic is that she defines particularities of applying tax rates and rebates on individual property upon the cadastral value based on the analysis of the local legislation that establishes the procedure for collecting this tax. The novelty of the research is caused by the fact that the author makes her own suggestions on granting rebates for individual property tax based on observation of the principle of target orientation and necessity.
Loginova T.A., Semkina T.I. —
Theoretical Arguments in Favor of Putting Changes to Patent Tax System
// Taxes and Taxation. – 2017. – ¹ 10.
– P. 45 - 54.
DOI: 10.7256/2454-065X.2017.10.23448
URL: https://en.e-notabene.ru/ttmag/article_23448.html
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Abstract: The object of the research is the system of taxation for individual entrepreneurs in the Russian Federation. The subject of the research is the patent system of taxation as one of the types of deemed tax regimes. The authors pay special attention to comparing this special regime with other tax regimes in Russia, namely unified tax on imputed income and common system of taxation. Unified tax on imputed income does not base on real income of the taxpayer, while common tax is calculated based on real income. As result of comparative analysis, the authors discover pros and cons of mechanisms of collecting taxes under three above-mentioned options of tax regimes. Analysis shows that there are significant tax benefits in patent tax system, including simplified tax accounting and reporting, tax benefits on social contributions, while positive economic impact from this system in form of tax revenues, taxpayers reporting, types of activities covered is not significant yet. This proves the need to modernize this system.
Loginova T.A. —
Current Issues in Property Taxation
// Taxes and Taxation. – 2017. – ¹ 10.
– P. 55 - 66.
DOI: 10.7256/2454-065X.2017.10.24371
URL: https://en.e-notabene.ru/ttmag/article_24371.html
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Abstract: The object of the research is taxation of immovable property based on cadaster value. The subject of the research is the mechanism of lowering tax burden on citizens resulting from shift to calculating tax liabilities based on cadaster value. In her article Loginova analyzes court cases about setting cadaster value of immovable property. As result of such analysis she discovers that problems with accounting and valuation of immovable property is the key factor of forming indebtedness for personal property tax. Problems of property registration and problems with regulations and legislation lead to ineffective tax administration, which occasionally lead to budget revenue loss. The author particularly focuses on problems arising in the process of distributing tax burden of personal property tax. This research is based on analysis of statistical information. The author has used following methods: observation, comparison, measuring, and modelling. Results of the research are represented in forms of description, technical writing, tables and graphs. As a result of analysis of taxable objects and tax base volume the author has found that imperfection of accounting and valuation of property negatively effects growth of tax revenue. The author has also found that current mechanism of applying personal property tax deductions leads to inequitable and unfair distribution of tax burden. Applying tax deductions leads to growth of dependence of effective tax rate from size of property rather than from cadaster value. The author makes certain suggestions on how to develop the mechanism of property taxation based on cadaster value. She has also developed and proposed the mechanism of setting tax rate of personal property tax.
Loginova T.A. —
Conceptual Approaches to Taxation of Immovable Property and Their Implementation in the Tax Systems of the OECD Countries and in the Russian Federation
// Taxes and Taxation. – 2017. – ¹ 9.
– P. 1 - 14.
DOI: 10.7256/2454-065X.2017.9.24299
URL: https://en.e-notabene.ru/ttmag/article_24299.html
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Abstract: The object of the research is taxation of immovable property in the OECD countries and in the Russian Federation. The subject of the research is the approaches to implementation of basic elements of taxation of immovable property and measures on improvement of the order of their collection. In her research Loginova examines principles for defining the main elements of immovable property taxes applicable in the OECD countries as well as analyses their correspondence to theoretical concepts of this kind of taxation. Special attention is paid to the directions of reformation of immovable property taxation in foreign countries and in the Russian Federation. In the course of her research and interpretation of the material the author has used general research methods (analysis, synthesis, analogy, supervision, description and generalization) as well as specific research methods (statistical series analysis, statistical methods, methods of comparison, grouping and table method of representation of the data). Based on the analysis of conceptual approaches to taxation of immovable property the author has described principles of definition of taxable objects and principles of establishing tax base, tax rates and benefit tax regimes. It has been stated that the main principles of implementation of taxes on immovable property in the OECD countries correspond to the basic traits of classical conceptions of taxation of immovable property. The author has also defined methods of establishing basic elements of taxation of immovable property realized in practice in foreign countries (objects of taxation, order of implementation of decreased/increased tax rates considering the amount of taxable value and the kind of immovable property, tax base, benefit regimes, reforms in the OECD countries). The author has determined that reformation of taxation of immovable property in the Russian Federation is in line with the tendencies of developed countries. She has also identified factors hindering fair and even distribution of the tax burden in the taxation of immovable property and increase of corresponding revenues of the budget.
Loginova T.A. —
Reserves of Growth of Local Budgets as a Result of Taxation of Immovable Property
// Taxes and Taxation. – 2016. – ¹ 7.
– P. 520 - 536.
DOI: 10.7256/2454-065X.2016.7.19663
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Abstract: Low fiscal significance of tax on property of individuals and land tax in local budgets along with gradual transition to taxation of immovable property in the Russian Federation based on cadastral value have defined interest to depiction of the factors of growth of these taxes. The subject of the research is taxation of immovable property of individuals. The object of the research is influence of the decisions made at federal level in relation to these taxes on the sustainability of local budgets. Legislative acts of representative bodies of municipalities and laws of cities of federal importance Moscow and St. Petersburg, which set new rules of collection of tax on property of individuals, data of statistical reportings of tax authorities and results of control actions in respect of land tax served as the methodological basis of the research. The author of the research used the following research methods: observation, analysis, comparison and generalization. The scientific novelty of the research is caused by the fact that the author creates the mechanism for taxation of immovable property of individuals on the basis of cadastral value with the use of defined and not fully used factors of growth. The special contribution made by the author is the grounding and proposal of change of the current approach to the establishment of tax deductions and tax benefits/exemptions.