Tegetaeva, O. R. Tax Mitigation VS Tax Avoidance

Abstract: The subject under research is the legal relations arising during tax planning performed by taxpayers in the course of their activity. The author views the borders of the legitimate tax planning — tax mitigation and illegal behavior, avoidance of the payment of taxes and levies and definition of the term ‘aggressive tax planning’ used in foreign countries. The author also studies the economic and judicial noncompliance of these term in legislations of different countries which creates the grounds for illegal avoidance of the payment of taxes and levies. Methodologically the present research is based on Russian economic researches carried out in the sphere of taxation. In her research the author has used the methods of analysis and synthesis, deduction and induction and comparison. The author also describes the main trends of the development of legislation in different countries in the process of prevention of illegal avoidance of the payment of taxes and levies based on illegal schemes used by taxpayers. It has been established that non-payment of taxes occurs as a result of contradictions in different systems of legislation which demands the coordinated decision of the problem made by all countries altogether.

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