Theoretical and applied aspects of the development of tax planning at enterprises in modern conditions

Orobinskaia Irina Viktorovna Doctor of Economics Associate Professor, Taxes and Taxation Department, Voronezh State Agricultural University 394087, Russia, Voronezh region, Voronezh, Michurina str., 1 orob-irina@yandex.ru Other publications by this author

Introduction

Economic instability and frequent amendments to tax legislation make those organizations that respond promptly to the changes made more competitive. It is worth noting that this opportunity is available only to business entities engaged in multivariate calculations for tax planning. Thus, tax savings are a reserve for increasing the net profit of the company and allows for modernization, technical re-equipment, purchase of new equipment, etc., i.e. it serves as a source of financing for long-term investment programs and creates the basis for the financial importance of an economic entity. When minimizing taxes, the taxpayer uses all the advantages and disadvantages of existing legislation, including its imperfection, complexity and inconsistency.

The results of the study

In our opinion, the practical application of the tax planning process in modern conditions should be considered in the aspect of the development of the state, both at the level of its social and economic potential. This paradigm indicates that the interests of the state contribute to the improvement of business development concepts and fully satisfy the interests of both parties. Therefore, it is necessary to consider a project that includes a natural interaction of the tax planning process in the context of taxpayer rights, which will affect the feasibility of business development in Russia. Based on this issue, the legislation should undergo some changes and establish the definition of "tax planning", which will lead to the effective work of tax subjects, and, consequently, improve the fiscal policy of the state.

Figure 1. The place of the tax planning category in the management system

finances of enterprises

The category under study is aimed at substantiating the adoption and practical implementation of management decisions. In the course of tax planning, the search for the optimal level of taxation is carried out, taking into account the interests of both the state and the taxpayer, which leads to a balance of financial possibilities. The advantages of using fiscal (tax) planning in various enterprises depend on a number of factors that are individual in nature. In the context of the variability of tax legislation, increasing competition and global economic instability, the role of this process is becoming much more significant and significant for the country.

Due to the versatility and multidimensional nature of the management process, a large number of different types and forms of planning have appeared. In general, species differ in their content and form of expression. Most often, in the course of its business activities, an organization applies a combination of several types of planning. This process, used collectively in one enterprise, is a form of planning.

Groups of factors influencing the form of tax planning

Thus, tax planning should be understood as a systematic process of optimizing an enterprise's tax obligations in order to achieve its financial goals. Tax planning options are diverse and depend on various factors. In our opinion, the choice of the optimal form of tax planning is determined by three main groups of factors:

1. Entrepreneurial factors:

- type of activity: the specifics of production processes, products or services affect the choice of tax benefits and regimes;

- Geographical location: Tax rules and rates may vary depending on the region or country;

- capital concentration: the size and structure of an enterprise's assets determine the availability of certain tax schemes;

- the level of mechanization and automation: tax benefits can be provided to enterprises using modern technologies that reduce labor costs.

2. The economic policy of the state:

- the degree of state regulation of the economy: the level of government intervention in the economy affects the availability and effectiveness of tax strategies;

- the level and nature of competition: in conditions of free competition, enterprises are forced to seek tax advantages in order to remain competitive.

3. Factors related to the planning process:

- Integrity: planning should cover the whole range of issues related to taxation, avoiding fragmentation and gaps;

- Detail: the plan should contain detailed information about the methods and strategies used, as well as possible risks;

- Timeliness: planning must be carried out in advance to provide for the necessary measures and avoid unexpected tax obligations;

- Visibility: the plan should be presented in a clear and easily accessible form for all stakeholders;

-Efficiency: the plan should be aimed at achieving maximum tax savings while complying with legal requirements. In addition to these factors, the choice of the form of tax planning may also depend on industry specifics, tax amnesties and other special programs operating in a specific period of time.

Preparation and implementation of measures for the effective work of the organization in the future is the main task of tax planning. Thus, the tools and methods that are used to justify planning decisions are the main link in this process, which in turn determines the scientific and technical level of the fiscal plan, as well as the nature of this planning.

Figure 2. Methods of tax planning at the enterprise

The multiplicity of tax forecasting methods can be represented by two groups, depending on the degree of uniformity: simple and complex. An example of the organization of tax planning in an enterprise is shown in Figure 5.

Figure 3. The scheme of the organization of tax planning in the enterprise

Applied aspects of tax planning

For a more practical understanding of the planning process under study, it is advisable to consider it on the example of a real business entity. Thus, the organizational structure of the organization under study has a functional appearance and is shown in Figure 4.

Figure 4. The organizational structure of the object under study

The analyzed enterprise does not have a department dealing with tax planning, this is due to the fact that the facility was in a state of financial crisis. All calculations on tax obligations are carried out with the help of accounting. Accordingly, there are no elements of tax planning, such as: the tax budget, the tax calendar. The company is developing a schedule of tax payments (Table 1), the share of all taxes paid at the enterprise is presented in table 2. The table shows that VAT has a more significant weight – 61.5%, the second place is taken by the corporate income tax – 31.3%.

Table 1 – Schedule of tax payments

Table 2 – Analysis of the share of taxes paid for the period under study, RUB.

The condition for the stable development of an enterprise with high competition is to obtain a positive financial result from conducting business activities. It is important to take into account that this result depends on the size and structure of the cash flow and its tax part.

Based on data from previous periods and with a condition of revenue growth of 10%, a reduction in the value of property by 1.5%, with an increase in wages by 12% and with other similar performance indicators, a forecast tax budget for the year was compiled, presented in table 3.

Table 3 – Projected tax budget, RUB.

It can be seen from the table that the amounts of taxes in the forecast budget are increasing, which means that the tax burden will increase. The tax budget can be combined with the schedule of tax payments presented in table 4.

Table 4 – Combined schedule of tax payments with the tax budget

According to the analysis conducted in the studied enterprise, as in most cases, VAT and income tax occupy the largest share among all taxes, which indicates the expediency of optimizing these taxes.

Recommended optimization schemes in the enterprise under study

One of the ways to optimize VAT is to use intermediary agreements. So, instead of a supply agreement, the company enters into a commission agreement with the organization. Under this contract, the commission agent receives goods for sale and submits a report to the committee for each sale. The organization receives a commission fee for its services in accordance with Article 990 of the Civil Code of the Russian Federation (Figure 5).

Figure 5. Optimization of VAT and income tax using

intermediary agreements

This figure allows you to optimize the tax not only for LLC "1", but also LLC "2". So, for LLC "1", she is also a commitee, the presented method allows you to postpone the payment of indirect tax (VAT) until the moment when the commission agent provides her with a report. This is due to the fact that according to paragraph 1 of Article 996 of the Civil Code of the Russian Federation, the right of ownership of the goods that the commitee transfers to the commission agent for sale remains with the commitee (lack of sale), which makes it possible not to pay this tax.

At the same time, LLC "2" organizations will pay an indirect tax on commission fees, according to paragraph 1 of Article 156 of the Tax Code of the Russian Federation. When selling, the organization LLC "2" must issue an invoice to the buyer who bought the goods of the committee.

It should be noted that the commission agreement should set the deadlines for submitting the commission agent's report after the sale of the goods. When the commitee approves the report, the commission agent must issue him an invoice for the amount of his remuneration and record this document in the sales book. The VAT indicated on the invoice must be paid to the budget. It's the same with income tax. Thus, LLC "2" should reflect in the tax accounting not the value of the committee's goods sold, but only the commission fee.

The legal analysis of this optimization method consists in carefully considering the drafting of a commission agreement, in which it is unacceptable to purchase goods by a commission agent, since the tax service can equate such a transaction to a purchase and sale agreement.

This right is given to them by the Presidium of the Supreme Arbitration Court of the Russian Federation, which indicated in paragraph 1 of the information letter dated November 17, 2004 No. 85 that judges should determine the nature of the contract under which the goods are transferred for sale based on interpretations of the terms of the contract and the actual relations of the parties that developed during its conclusion and execution.

It should be noted that the proper reflection of intermediary transactions on accounting accounts is essential, since the result of a court decision often depends on this.

Optimization of the corporate income tax can be carried out by creating a reserve for the repair of fixed assets. Thus, the investigated organization LLC "1" creates a reserve of upcoming expenses for the repair of fixed assets (Figure 6).

Figure 6. Optimization of income tax using the reserve

for the repair of fixed assets

The tax analysis of the method under study allows you to transfer tax payment in the current tax period to LLC "1".

The procedure for creating a reserve is reflected in Article 324 of the Tax Code of the Russian Federation. The code states that before creating a reserve, it is necessary to take an inventory of fixed assets and determine their initial (replacement) cost as of the beginning of the tax period in which the reserve will be formed, as well as to draw up an estimate plan in which the timing of repairs and their estimated cost will be prescribed. At the same time, the maximum amount of the reserve should not exceed the average amount of actual repair costs over the past three years. The creation of a reserve should be reflected in the accounting policy for tax accounting.

In compliance with all the norms of tax legislation, LLC "1" will have the right to write off deductions to the reserve for expenses. The amount of actual repair costs will be covered by the organization at the expense of the created reserve. If the actual cost of repairing fixed assets in the reporting (tax) period exceeds the amount of the created reserve, the remaining cost at the end of the year (tax period) must be included in other expenses.

It should be borne in mind that the excess amount of the reserve relative to the actual repair costs should be attributed to the income item, thereby increasing the amount of the profit tax base. At the same time, if repair work is expensive (a reserve is formed for several years), then the balance of the reserve at the end of the year is not included in income, fixing this rule in the accounting policy of the enterprise (paragraph 2 of Article 324 of the Tax Code of the Russian Federation).

It should be noted that the reserve can be created by business entities that determine income and expenses on an accrual basis (letter of the Ministry of Finance of the Russian Federation dated December 29, 2004 No. 03-03-02-04/4/1 )

The legal analysis of the method consists in the fact that the accountant should fix in the accounting policy not only the right to create a reserve for the repair of fixed assets, but also the standard of deductions to the reserve. In addition, it is necessary to take into account that a reserve is being created for carrying out not only capital, but also ongoing repairs. And not for selected fixed assets, but for the entire property. Consequently, the expenses incurred for all types of repairs during the year must be written off at the expense of the reserve. This is stated in the letter of the Ministry of Finance of the Russian Federation dated June 20, 2005 No. 03-03-04/1/8 .

Figure 7. The results of the application of tax planning at the enterprise under study, million rubles.

Conclusions

Thus, the conducted research on the tax planning process at the enterprise revealed that a wide range of specialists have authority in this area, but the job descriptions do not specify responsibilities specifically in the field of tax planning.

In order to eliminate the identified shortcomings in the activity, in our opinion, it is advisable to recommend the following measures to the tax subject under study:

1) to form a tax planning system in accordance with the organizational structure of the enterprise;

2) to develop a forecast tax budget based on a retrospective analysis and the method of expert assessments;

3) combine the tax budget and the schedule of tax payments in order to increase the information content of planning;

4) apply tax optimization schemes for VAT and corporate income tax to reduce the fiscal (tax) burden of the enterprise and increase profits.

Thus, the implementation of tax planning for an enterprise presupposes that the taxpayer has the freedom to choose the organizational and legal form of management, the possibility of choosing the use of various tax systems and the optimal level of tax payments, as well as the freedom to conduct business, in particular, the choice of a counterparty, the possibility of agreeing with him the terms of transactions (choice of payment forms, etc.). At the same time, the right to choose is regulated by the Constitution of the Russian Federation, the Tax Code of the Russian Federation, the Civil Code of the Russian Federation, etc.