M. B. Napso Theoretical Foundations of the Tax Status of Banks

Abstract: The subject of research is the legal provision of the tax status of banks. The relevance of the topic stems from the fact that the legal regulation of the obligation to transfer tax is fragmented as well as the tax status of the bank and this does not correspond to its special place in the tax legal relations. In view of this, the author elaborates on the legal regulation of the two inseparably linked obligations, i.e. the taxpayer should pay the tax and the bank or a tax agent should transfer it. The author thoroughly considers the execution of each obligation. The author also examines the issues related to the responsibility of banks and tax agents for non-transfer of tax amounts. The problem is considered through analysis of articles of the Russian Tax Code of different editions with subsequent synthesis of different points of view. In the end, the author offers his views on solution of this problem as follows: firstly, to proceed from the reality principle of fulfillment of tax obligations; secondly, to take into account special public law obligations of banks, and thirdly, to consider the obligation to pay taxes with due regard to the legal status of tax agents. As a result the author proposes to add two special articles: the article governing the fulfillment of the obligation to transfer taxes in general, and the article governing the special tax status of banks and their rights and duties in particular.

Keywords: