Kharitonov I.V. —
Subjective good faith in tax law
// Taxes and Taxation. – 2020. – ¹ 2.
– P. 1 - 8.
DOI: 10.7256/2454-065X.2020.2.32094
URL: https://en.e-notabene.ru/ttmag/article_32094.html
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Abstract: The subject of this research is manifestation in tax law of the category of “good faith” in a subjective sense. The author reveals what it exactly means within legal science, as well as examines the aspects that must be considered when applicable to resolution of tax disputes. The article also addresses the key criteria, according to which private and public parties of tax relations can be deemed not in good faith in the subjective sense of this category. The main conclusions of the conducted study consist in the fact that good faith in the subjective sense within law enforcement represents an efficient, but simultaneously poorly researched means of counteracting abuse that emerges in the sphere of tax law. It should be applied not only towards private parties of tax legal relations, but also towards the tax administration. At the same time, this category is practically not researched within the science of tax law, which substantially impacts the efficiency and justification of its implementation by the courts in resolution of tax disputes.
Kharitonov I.V. —
Article 54.1 of the Tax Code of the Russian Federation: Tax Violation and Responsibility or Development of the Tax Good Faith Concept?
// Taxes and Taxation. – 2019. – ¹ 6.
– P. 33 - 38.
DOI: 10.7256/2454-065X.2019.6.29815
URL: https://en.e-notabene.ru/ttmag/article_29815.html
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Abstract: The subject of the research is the legal nature of article 54.1 of the Tax Code of the Russian Federation. Kharitonov studies whether this article should be viewed as the legal act that describes tax violation and sets forth responsibility for committing it, or as the rule of behavior adopted for the purpose of developing the concept of tax good faith. The researcher gives evaluation of the approach of Russian tax authorities to the aforesaid problem as well as shares his own point of view on the matter. The methodological basis of the research includes formal logic such as analysis, synthesis, deduction and induction. The main conclusion of the research is that the legal nature of Article dictates mandatory rule that defines actual tax responsibilities of private tax law actors. If we view this article as the legal act that describes tax violation and sets forth responsibility for committing it as the tax authorities prescribe, private tax law actors will bear dual liablity for tax violations which should be avoided by all means.
Kharitonov I.V. —
BEPS Project of OECD: Expectations and Dangers
// Taxes and Taxation. – 2018. – ¹ 9.
– P. 1 - 13.
DOI: 10.7256/2454-065X.2018.9.26617
URL: https://en.e-notabene.ru/ttmag/article_26617.html
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Abstract: The subject of this research is the BEPS project of OECD aimed at prevention of taxpayer actions aimed at base erosion and profit shifting. The author of the article examines the factors that today enable the evasion of tax payment, describes the development of the rules that would prevent such evasion, analyzes the reasons of why the BEPS project was created and studies the nature of the BEPS project. Special emphasis is made on positive and negative consequences of the project. The methodological basis of the research includes such formal logical method as analysis and synthesis. In addition, the author has used the historical research method and systems approach. The main conclusion of the research is that despite the importance and potential to reduce the base erosion and profit shifting, the BEPS project of OECD creates a great number of serious issues. Solutions still need to be found, and if these problems are ignored, this project may make a significant harm to both taxpayers and individual states.