Kinsburskaya V.A. —
FATF requirements on regulation of cryptocurrencies: problems of implementation into national legislation
// National Security. – 2020. – ¹ 4.
– P. 1 - 19.
DOI: 10.7256/2454-0668.2020.4.33856
URL: https://en.e-notabene.ru/nbmag/article_33856.html
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Abstract: The object of this research is the international standards AML/CFT (Anti-Money Laundering/Combating the Financing of Terrorism) for the sphere of virtual assets (cryptocurrencies) developed by FATF (Financial Action Task Force), and possibilities of their effective implementation into the national legislation. The author examines new revision of the Recommendation 15 and Glossary (of October 2018), explanatory note to new revision of the Recommendation 15, and implementation guidance of the risk-oriented approach towards virtual assets and service providers in the sphere of virtual assets (of June 2019); considers provisions of the Federal Law of July 31, 2020 No.259-FZ “On Digital Financial Assets, Digital Currency, and Amendments to Certain Legislative Acts of the Russian Federation” becoming effective in January 2021. Based on the analysis of most recent international and Russian acts on the questions of legal regulation of cryptocurrencies turnover, the need is underlined for introducing amendments to the Russian legislation with regards to exercising financial monitoring of transactions with cryptocurrencies in Russia. The author indicates certain fundamental aspects related to collection and validation of personally identifying information on the holders of cryptocurrency and tracing of their transactions.
Kinsburskaya V.A. —
Theoretical comprehension of the reasonableness of application of blockchain technology in budgetary relations (on the experience of Netherlands)
// Finance and Management. – 2020. – ¹ 1.
– P. 53 - 71.
DOI: 10.25136/2409-7802.2020.1.32113
URL: https://en.e-notabene.ru/flc/article_32113.html
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Abstract: The object of this research is the expected positive and negative effects resulting from use of blockchain technology in operations of budgetary allocations. This paper analyzes the stance of Russian research on the question of need for improving the information and technological component of the budgetary process in order to ensure adherence to the principle of transparency of budgets, as well as improvements to the tools of auditing and evaluating the efficiency of budget spending in the Russian Federation. The author explores the foreign experience of practical implementation of blockchain technology into budgetary procedures. The main conclusion of the conducted research consists in substantiation of the prospects of implementing blockchain technology into the process of state (municipal) procurement, as well as process of completing a transaction involving inter-budgetary transfers, subsidies and budget investments. A blockchain model is proposed, which can be allowable as a technological platform in the aforementioned spheres of budgetary relations. The author describes the expected positive effects from use of blockchain functions and its built-in smart contracts within the indicated spheres of budgetary relations.
Kinsburskaya V.A. —
Regarding Taxation of Revenues Resulting From Creation and Use of Cryptocurrency
// Taxes and Taxation. – 2019. – ¹ 6.
– P. 22 - 32.
DOI: 10.7256/2454-065X.2019.6.30303
URL: https://en.e-notabene.ru/ttmag/article_30303.html
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Abstract: The aim of the research is to define admissible patterns of taxation of revenues from cryptocurrency operations in Russia. In the course of her research the author has analyzed the epxerience of tax regulation of cryptocurrency turnover in European countries, USA, Canada, Latin America and Pacific Asia. She has analyzed alternative approaches to defining the economic and legal nature of cryptocurrency for taxation purposes and has defined peculiarities of determination of an object of taxation and calculation of tax base for cryptocurrency operations. The author has also outlined th emain problems that may arise in the process of tax control of cryptocurrency operations. The methodological basis of the research includes a combination of general and special research methods such as analysis of cause-and-effect relations, structural functional method, logical method, comparative law method, method of legal modelling and prediction. The main result of the research is the development of potential variants of direct and indirect taxation of cryptocurrency operations in Russia as well as description of some methods of collection and confirmation of information about personalities of miners, cryptocurrency holders and relevant operations for tax control purposes.
Kinsburskaya V.A. —
Question of correlation of public and private interests in bank’s refusal to service customers
// Finance and Management. – 2019. – ¹ 2.
– P. 69 - 81.
DOI: 10.25136/2409-7802.2019.2.29531
URL: https://en.e-notabene.ru/flc/article_29531.html
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Abstract: The goal of this article is the study of conditions for exercising the right of banks to refuse servicing customers (private and legal entities) in accordance with the Federal Law of 08.07.2001 No. 115-FZ “On Countering the Legalization of Illicit Gains (Money Laundering) and Financing of Terrorism”. Attention is focused on such aspects of the topic as the bank’s control over suspicious transactions; legal and factual grounds for declining transaction or by the bank, as well as signing deposit agreement or dissolution of existing deposit agreement; procedure for using customer blacklist by the bank; “rehabilitation” mechanism for bona fide customers. In the course of this research, the author analyzes the FATF international standards, as well as position of the Federal Financial Monitoring Service of the Russian Federation and Central Bank of the Russian Federation on mandatory and “suspicious” monitoring in the area of counteracting money laundering and financing of terrorism (including the project of the Central Bank of the Russian Federation on creating a uniform automated database to identify high risk categories of customers for banking sector. The author’s special contribution lies in determining effective correlation of public and private interests in the context bank’s refusal to service customers, as well as formulation of certain recommendations for customers on optimization of collaboration with the bank, substantiation of economic meaning of committed transactions, provision and updating of the customer identification information.
Kinsburskaya V.A. —
Tax Risks of Bank Loyalty Programs
// Taxes and Taxation. – 2016. – ¹ 5.
– P. 402 - 408.
DOI: 10.7256/2454-065X.2016.5.17458
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Abstract: The object of the study is the tax effects of bank loyalty programs (bonus programs) implemented by banks in order to improve the image and promote products through providing customers with additional proprietary benefits (discounts, bonus points, «cashback» and so on.) under pre-agreed terms and conditions, for example, at a fixed amount of debit transactions by credit card or by maintaining certain cash balance in the bank account. The author examines such topics as taxation on personal income property benefits transferred from the program owner to consumers and specific procedure for calculating the tax base for profits of bank as owners of loyalty programs. The researcher has analyzed the relevant arbitrage practice as well as written explanations of public authorities (Ministry of Finance of Russia and Federal Tax Service of Russia). The theoretical and practical significance of the study is caused by the fact that the author has summarized existing views on the income taxation of proprietary benefits (including «cashback») received by individuals - clients of the bank under the loyalty program as well as developed evaluation and accounting procedures for the purposes of imposing tax on bank profits under the loyalty program.
Kinsburskaya V.A. —
Liability of a Taxpayer for Non-Submission of a Tax Return: Disputes of Enforcement Practice
// Finance and Management. – 2013. – ¹ 1.
– P. 17 - 48.
DOI: 10.7256/2306-4234.2013.1.558
URL: https://en.e-notabene.ru/flc/article_558.html
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Abstract: In the article the enforcement practice of liability of taxpayers in accordance with the item 1 of the clause 119 and with the clause 119.1 of the Tax Code of Russian Federation is considered. The author analyzes the questions whether liability in accordance with the item 1 of the clause 119 of the Tax Code of Russian Federation is justified in the case of submission of an antiquated form of a tax return, or if a tax return contains technical errors, or if normative rules of filling in tax returns are violated; and whether liability for missing of a tax return submission term is justified in the case of mailing a tax return without enclosure inventory; points out the rules for calculating the amount of the fine in accordance with the item 1 of the clause 119 of the Tax Code of Russian Federation; defines what circumstances attenuate a liability for non-submission of a tax return; etc. Also the author analyzes the reasons of liability in accordance with the clause 119.1 of the Tax Code of Russian Federation for failure to follow the procedure of a tax return submission electronically.
Kinsburskaya V.A. —
// Taxes and Taxation. – 2010. – ¹ 9.
DOI: 10.7256/2454-065X.2010.9.4821
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Kinsburskaya V.A. —
// Taxes and Taxation. – 2010. – ¹ 9.
DOI: 10.7256/2454-065X.2010.9.4827
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Kinsburskaya V.A. —
// Administrative and municipal law. – 2010. – ¹ 6.
DOI: 10.7256/2454-0595.2010.6.5067
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Kinsburskaya V.A. —
// Taxes and Taxation. – 2010. – ¹ 3.
DOI: 10.7256/2454-065X.2010.3.2554
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Kinsburskaya V.A. —
// Taxes and Taxation. – 2009. – ¹ 9.
DOI: 10.7256/2454-065X.2009.9.1531
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