LEGAL REGULATION OF TAX RELATIONS
Reference:
Sizova, A. M.
Tax Consequences of the Reorganization and Liquidation of Participants of a Consolidated Group
of Taxpayers
// Taxes and Taxation.
2014. ¹ 8.
P. 729-735.
URL: https://en.nbpublish.com/library_read_article.php?id=65416
Abstract:
Implementation of the consolidated taxation system has been a necessary step towards development
of the Russian taxation system. However, since it is a completely new system, it creates a challenge
for both tax authorities and taxpayers. Being, in fact, a special tax regime for holding companies,
the consolidated taxation system must take into account peculiarities of holdings, in particular, often
reorganization and liquidation of enterprises. The article deals with the tax consequences of these processes
for participants of consolidated group of taxpayers, in particular, problems related to follow-up
field tax inspections. The author of the article in detail analyses the legislative and regulatory framework
of reorganization and liquidation of consolidated groups of taxpayers. Special attention is paid to effective
provisions of the Tax Code of the Russian Federation and explanations of the Ministry of Finances
and Federal Tax Service of Russia. Based on the results of the performed analysis the author offers to
make changes to the provisions of the Tax Code of the Russian Federation concerning the grounds for
conducting a field inspection after reorganization or liquidation of an enterprise. According to the author,
adequate changes would clarify uncertainties in tax legislation and eliminate the risk of possible
disputes between tax authorities and taxpayers who have created a consolidated group of taxpayers.
Keywords:
consolidated group of taxpayers, holding, group of companies, reorganization, liquidation, participant of a consolidated group of taxpayers, cancellation of a consolidated group of taxpayers, tax authorities, tax consequences, follow-up inspection, profit tax.
FEDERAL TAXES AND LEVIES COLLECTED FROM ORGANIZATIONS
Reference:
Bazhenov, A. A.
Value-Added Tax: Separate Accounting When Granting Loans
// Taxes and Taxation.
2014. ¹ 8.
P. 736-743.
URL: https://en.nbpublish.com/library_read_article.php?id=65417
Abstract:
The article concerns and analyzes a practical situation that is often faced by enterprises
when they grant or issue a loan to other enterprises or physical entities. Noteworthy that performing
transactions on granting cash loans, enterprises do not take into account that such transactions,
first of all, are related to ‘tax transactions’ but the Tax Code of the Russian Federation releases them
from value-added taxes, and secondly, these transactions require a separate accounting of general
business expenses and ‘input’ VAT. The research methodology is based on the dialectic method of
knowledge that means that economic relations and phenomena are studied from the point of view
of their development and relation, methods of systems and comparative analysis, mathematical
economic methods of data research, methods of synthesis, graphic modeling and methodology of
the theory of statistics. In the course of the analysis the author has established that transactions
on granting cash loans including interest are ‘tax transactions’ but pursuant to Sub-clause 15 of
Clause 3 of Article 149 of the Tax Code of the Russian Federation, these transactions are not taxable
(i.e. exempt from taxation) in the territory of the Russian Federation. General economic expenses and ‘input’ VAT that relate to granted loans should be divided between taxable and non-taxable
transactions. In such a case part of the general economic expenses as well as ‘input’ VAT will be
considered to be ‘other expenses’ according to the Russian Accounting Standards 19/02 and 10/99.
For the purposes of profit taxation, other expenses can be taken into account towards decreasing
the tax base pursuant to Sub-clause 49 of Clause 1 of Article 264 of the Tax Code of the Russian
Federation as other expenses related to production or sale if the granted loan is an interest loan. If
this is a non-interest loan, then according to Clause 16 of Article 270 of the Tax Code of the Russian
Federation expenses related to such transactions will not decrease the tax base of profit taxes.
Keywords:
loan, value-added tax, cash, percents, other expenses, general business expenses, financial investments, ‘no tax’ transactions, tax.
REGIONAL TAXES AND LEVIES COLLECTED FROM ORGANIZATIONS
Reference:
Sugarova, I. V.
The Role of Regional Taxes in Establishing the Revenue Basis of the Budgets of the Russian Federation
Constituents (the Case Study of the Republic of North Ossetia – Alania)
// Taxes and Taxation.
2014. ¹ 8.
P. 744-751.
URL: https://en.nbpublish.com/library_read_article.php?id=65418
Abstract:
The article studies the role of regional taxes in establishing the revenue basis of the budgets of
the Russian Federation constituent. Relevance of this research is confirmed by the great number of discussions
that exist in the economic theory and practice and concern support of regional authorities with
revenues. Certainly, one of such discussions is caused by the fact that the share of regional taxes in the
revenue structure is too low which raises a question about additional financing of regional budgets. This
problem is growing especially important in terms of the effective system of inter-budget relations that is
based on a well-balanced delineation of profitable and expendable budget authorities between different
levels of the Russian Federation budget system. The author of the article performs a comprehensive
analysis of the dynamics, composition and the structure of tax revenues of the republican budget in
the Republic of North Ossetia – Alania. In the course of this analysis the author applies the methods of
analysis, synthesis and comparative analysis. Based on the results of the analysis carried out the author
has discovered that so far regional taxes haven’t played a significant role in establishing the revenue
basis of the budget in the Republic of North Ossetia – Alania and federal taxes have been prevailing. The
author of the article provides arguments proving that the regional taxation needs further development
with regard to the following targets: to increase economic capacity, to encourage investment activity
and to increase control over payment of regional taxes. The author makes a conclusion about the need
for improvement of the mechanism of establishing the revenue basis of the budget by the means of a
better provision of regional authorities with their own profitable sources and developing incentives for
encouraging economic interest towards accumulation of profits in the region.
Keywords:
regional budget, economic capacity, establishing the revenue basis, revenue structure, own profits, taxable capacity, regional taxation, differentiation of rates, beneficiary territories, inter- budget relations.
TAXATION OF NATURAL RESOURCE MANAGEMENT
Reference:
Goryachenko, O. Yu., Markina, A. V.
On Rates of Levies for Using Water Biological Resources
// Taxes and Taxation.
2014. ¹ 8.
P. 752-757.
URL: https://en.nbpublish.com/library_read_article.php?id=65419
Abstract:
Water biological resources are an important element of natural resources of Russia. Economic
use of water biological resources involves a system of calculations between users and the state which on one hand is the owner of these resources, and on the other hand, bears the main
burden of expenses on restoration of natural potential in the territory of Russia. In this regard, the
present article is devoted to collection levies for using objects of water biological resources. The author
of the article emphasizes the need to make necessary additions to the Tax code of the Russian
Federation and Fishery Regulations for the Northern fishing basin set forth by the order No. 13. of
the Russian Federal Fisheries Agency dated January 16, 2009. At the present time the Ministry of
Agriculture of the Russian Federation together with the Russian Federal Fisheries Agency and other
federal executive authorities studies a question of definition of a rate of levy for using the aforesaid
water biological resource on the basis of the industrial quota ‘opilio crab’ in the Barents Sea
established for 2014 (998.91 tons). Also the Government of the Russian Federation submitted for
consideration the draft federal law “On modification of Article 333.3 of Part second of the Tax code”
that includes an addition to the section ‘The Northern Basin (the White Sea, Internal Sea Waters,
the Territorial Sea, the Exclusive Economic Zone of the Russian Federation and the Continental Shelf
of the Russian Federation in the Laptev Sea, the Kara Sea and the Barents Sea and the Region of
Svalbard Archipelago)’ establishing a levy for the opilio crab at the rate of 35 000 rubles. The Russian
Federal Fisheries Agency finds it possible to agree on the presented project without remarks.
Acceptance of the offered rate of levy would allow to carry out auctions on sale of shares of quotas
for catching opilio crab. Thus the additional income of the budget of the Russian Federation would
make about 400 million rubles.
Keywords:
financial arrangements, rate, levy, government, water biological resources, using, availability for a price, opilio crab, Far Eastern Basin, Northern Basin.
Tax administration
Reference:
Frumina, S. V., Zhuravleva, T. A.
Experience of Foreign States in Funding Scientific Research and Development
// Taxes and Taxation.
2014. ¹ 8.
P. 758-765.
URL: https://en.nbpublish.com/library_read_article.php?id=65420
Abstract:
The subject under research is the innovation activity of foreign states. The focus is
made on the experience of foreign states in financial incitement of research and development
including incitement of research and development by the means of taxation mechanisms. The
analysis of application of tax incentives is carried out particularly for developed countries and
developing countries. Particular attention is paid to the experience of the USA as a leader in
the development of innovation activity. The USA experience demonstrates positive tendencies
in innovation incitement and can be successfully implemented in the Russian economy. The
research methodology includes the comparative analysis and logical interpretation of analysis
data in a form of generalizations. The main results of the research are the following: description
of peculiarities of the innovation activity funding in foreign states; conclusion that
tax incentives of scientific research and development have their own peculiarities that do not
depend on the level of the development of innovation-based economy; the authors show that
each country implements their own set of rebates and preferences and the combination of the
rebates and preferences used depends both on goals and targets of the incitement and a great
number of factors and limitations.
Keywords:
research and developments, financial, expenses, federal expenditures, tax incentives, tax rebates, tax preferences, innovation activity, innovation-based economy, experience of foreign states.
Tax administration
Reference:
Azrapkina, O. V., Filippova, N. A.
Evaluating Efficiency of Tax Administration of Activity of Small and Medium Business Entities in
the Republic of Mordovia
// Taxes and Taxation.
2014. ¹ 8.
P. 766-773.
URL: https://en.nbpublish.com/library_read_article.php?id=65421
Abstract:
The subject under research is the activities performed by small and medium business entities
in the Republic of Mordovia. The efficient system of tax administration is one of the main conditions
for full and timely revenues of taxes payable by small and medium-sized enterprises. There
are many qualitative and quantitative indicators that are used to evaluate the efficiency of tax
administration but the most important ones are the indicators of efficient inspection as the main
function of tax administration. For the purposes of tax control over calculation accuracy and timely
and full tax payment by small and medium-sized enterprises tax inspectorates of the Republic of
Mordovia conduct cameral and field tax inspections. Results of these inspections are collected by
the Supervisory Department of the Directorate of the Federal Tax Service of the Russian Federation.
Based on this data the authors of the present article evaluate the efficiency of the supervisory
work performed by the tax inspectorates of the republic. Methodological base of the research includes
the systems analysis, dialectic approach, deduction and induction methods, the comparison
and analogy methods, methods of mathematical economic modeling, mathematical and statistical
methods, grouping methods, observation and other research methods. Therefore, the efficiency
of tax administration of small and medium business activities in the region can be raised through:
– constant monitoring of indicators that assess productivity of inspecting different categories of
taxpayers, the number of personnel hours per inspection and the amount of additional charge of
tax per hour spent on inspection; -establishment of tax positions in the sphere of trade activity; –
comparison of the actual expenditure of materials on manufacture of products with the established
material consumption rates and the actual output and sales of products in the sphere of industrial
production;– development of measures for discovering fly-by-night companies; – reasonable selection
of taxpayers for field tax inspection and improvement of a pre-inspection analysis including
that by the means of creating a unified automated information database. The authors make an
assumption that application of efficient methods and practices by tax authorities in regard to small
and medium-sized enterprises will significantly increase tax revenues into the budget.
Keywords:
efficiency, administration, business, special regime, cameral tax inspections, field tax inspections, problem, improvement, taxation, productivity.
THEORY AND HISTORY OF TAXATION
Reference:
Kakaulina, M. O., Tsepelev, O. A., Latkin, A. P.
Modeling the Influence of Tax Burden on the Economic Growth of a Region Taking Into Account
Resource Potentials
// Taxes and Taxation.
2014. ¹ 8.
P. 774-790.
URL: https://en.nbpublish.com/library_read_article.php?id=65422
Abstract:
The article concerns the evaluation of the optimal tax burden in relation to the economic
growth at the regional level. The majority of existing models for evaluating the influence of tax
burden on the economic growth has significant drawbacks. Moreover, these models are not always
suitable for the regional level because they do not take into account territorial peculiarities. Therefore
the purpose of the present research article is to develop a methodological tool for evaluating
the influence of tax burden on the economic growth at the regional level. Theoretical, methodological
and empirical research base includes the theory of Laffer curve and data collected by the
Russian Federation Ministry of Agriculture, Ministry of Natural Resources and the Environment of the Russian Federation, Russian Federal State Statistics Service, Federal Tax Service and the Federal
Portal PROTOWN.RU. The authors offer a classification of the Russian Federation regions depending
on their resource potential. According to this classification, regions can be divided into the two
groups: regions that have natural resources potentials and regions that have innovative potentials.
Taking into account this classification, the authors have developed their own model for evaluating
the influence of tax burden on a region’s economic growth and tested their model in the economic
environment of Russian regions. The model is based on the linear non-homogeneity of the production
function. The given model allows to calculate the optimal tax burden and to define regular
patterns of the influence of tax burden on the economic growth in the California state as well as to
make suggestions on how the effective tax legislation could be improved. The tools developed by
the author allow to draw attention of the state authorities to the regional level and to create the
tax burden that would encourage production activity while retaining the necessary level of refilling
of the country’s consolidated budget.
Keywords:
tax burden, economic growth, resource potential, natural resources potential, innovative potential, Laffer theory, region, production functions, econometric models, fiscal technological indicators.