Kiryanova N.N. —
Taxation of the income of arbitration administrator in form of expenses reimbursed in the bankruptcy procedure: problems of theory and practice
// Taxes and Taxation. – 2020. – ¹ 3.
– P. 34 - 43.
DOI: 10.7256/2454-065X.2020.3.32940
URL: https://en.e-notabene.ru/ttmag/article_32940.html
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Abstract: This article examines the problem of taxation of the income of arbitration administrator in form of expenses reimbursed in the bankruptcy procedure. The author analyzes the problem of outlining the definition of income in tax law, considering the established law enforcement practice on the topic, as well theoretical approaches towards definition of this concept. The need is substantiated for legislative consolidation of the term of economic profit for the purpose of adherence to the principle of certainty of taxation of the incomes of private entities and formation of the universal law enforcement practice in settlement of tax disputes. In the course of this research, the author used a number of formal-logical methods: analysis, synthesis, induction and deduction. Based on the conducted study, it is suggested to form a position at the legislative level, according to which the expenses reimbursed by arbitration administrator in the of bankruptcy procedure are not defined as income according to the norms of tax legislation. The article describes the possibility for optimization of tax administration, related to computation and discharge of taxes by arbitration administrators as the subjects of professional activity.
Kiryanova N.N. —
Income Taxation of a Bankruptcy Trustee: the Problem of Tax Legislation Interpretation
// Taxes and Taxation. – 2016. – ¹ 11.
– P. 896 - 901.
DOI: 10.7256/2454-065X.2016.11.20870
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Abstract: The paper deals with the problem of income taxation of a bankruptcy trustee as a subject of professional activity, his right to use the simplified tax system in the process of implementation of the arbitration management. The characteristics of systematic interpretation of norms of tax legislation and insolvency law (for example, rulings of the Supreme Arbitration Court and the Supreme Court of the Russian Federation) have been analysed in this article. At the theoretical level the legal assessment of the basic legal positions which have been developed in the jurisprudence of the Russian courts on the taxation of income of the arbitration manager is given in the article. The main methods used by the author in this study are the method of systematic interpretation of legal norms and comparison. In her research Kiryanova emphasizes the need to harmonize tax legislation andinsolvency laws regarding the status of a bankruptcy trustee for determination of his tax obligations. Based on the conducted research the author suggests to establish a unified position on the question of taxation of income of the bankruptcy trustee at the theoretical level.