DOI: 10.7256/2454-0668.2020.4.33856

Abstract: The object of this research is the international standards AML/CFT (Anti-Money Laundering/Combating the Financing of Terrorism) for the sphere of virtual assets (cryptocurrencies) developed by FATF (Financial Action Task Force), and possibilities of their effective implementation into the national legislation. The author examines new revision of the Recommendation 15 and Glossary (of October 2018), explanatory note to new revision of the Recommendation 15, and implementation guidance of the risk-oriented approach towards virtual assets and service providers in the sphere of virtual assets (of June 2019); considers provisions of the Federal Law of July 31, 2020 No.259-FZ “On Digital Financial Assets, Digital Currency, and Amendments to Certain Legislative Acts of the Russian Federation” becoming effective in January 2021. Based on the analysis of most recent international and Russian acts on the questions of legal regulation of cryptocurrencies turnover, the need is underlined for introducing amendments to the Russian legislation with regards to exercising financial monitoring of transactions with cryptocurrencies in Russia. The author indicates certain fundamental aspects related to collection and validation of personally identifying information on the holders of cryptocurrency and tracing of their transactions.

DOI: 10.7256/2454-065X.2019.6.30303

Abstract: The aim of the research is to define admissible patterns of taxation of revenues from cryptocurrency operations in Russia. In the course of her research the author has analyzed the epxerience of tax regulation of cryptocurrency turnover in European countries, USA, Canada, Latin America and Pacific Asia. She has analyzed alternative approaches to defining the economic and legal nature of cryptocurrency for taxation purposes and has defined peculiarities of determination of an object of taxation and calculation of tax base for cryptocurrency operations. The author has also outlined th emain problems that may arise in the process of tax control of cryptocurrency operations. The methodological basis of the research includes a combination of general and special research methods such as analysis of cause-and-effect relations, structural functional method, logical method, comparative law method, method of legal modelling and prediction. The main result of the research is the development of potential variants of direct and indirect taxation of cryptocurrency operations in Russia as well as description of some methods of collection and confirmation of information about personalities of miners, cryptocurrency holders and relevant operations for tax control purposes. 

DOI: 10.7256/2454-0668.2019.3.29720

Abstract: The goal of this research is the examination of the actual and potential risks of using cryptocurrency in criminal activities, including for laundering money obtained illegally, financing of terrorism, and determination of the acceptable methods of counteracting unlawful acts. In the course of this study, the author analyzes the documents of the Financial Action Task Force (FATF) pertinent to regulation of the sphere of virtual assets (since 2013 and up to the new revision of Recommendation 15 and Glossary adopted by FATF in October 2018; as well as the preliminary version of requirements for the representatives of cryptocurrency sector announced by FATF in February 2019); examines the models of legal regulation of cryptocurrency sector aimed at counteracting money laundering and terrorism financing in a number of foreign countries, Russian law enforcement practice on criminal offences related to the use of cryptocurrency, and the position of expert community with regards to determination of the legal status of cryptocurrencies as a subject of criminal violation. The main conclusions lie in the development of proposals on amending the current anti-legalization legislation aimed at the establishment of vigilant control over cryptocurrency circulation for counteracting money laundering and financing of terrorism in the Russian Federation. The author endorses an opinion on the need for licensing the activity of service providers regarding the exchange, transfer and storage of cryptocurrencies, and establishing responsibility of the indicated organizations for conducting verification of identity of cryptocurrency holders and their transactions; as well as points at the possible ways of collection and verification of identity information.

DOI: 10.25136/2409-7802.2019.2.29531

Abstract: The goal of this article is the study of conditions for exercising the right of banks to refuse servicing customers (private and legal entities) in accordance with the Federal Law of 08.07.2001 No. 115-FZ “On Countering the Legalization of Illicit Gains (Money Laundering) and Financing of Terrorism”. Attention is focused on such aspects of the topic as the bank’s control over suspicious transactions; legal and factual grounds for declining transaction or by the bank, as well as signing deposit agreement or dissolution of existing deposit agreement; procedure for using customer blacklist by the bank; “rehabilitation” mechanism for bona fide customers. In the course of this research, the author analyzes the FATF international standards, as well as position of the Federal Financial Monitoring Service of the Russian Federation and Central Bank of the Russian Federation on mandatory and “suspicious” monitoring in the area of counteracting money laundering and financing of terrorism (including the project of the Central Bank of the Russian Federation on creating a uniform automated database to identify high risk categories of customers for banking sector. The author’s special contribution lies in determining effective correlation of public and private interests in the context bank’s refusal to service customers, as well as formulation of certain recommendations for customers on optimization of collaboration with the bank, substantiation of economic meaning of committed transactions, provision and updating of the customer identification information.

DOI: 10.7256/2454-065X.2016.5.17458

Abstract: The object of the study is the tax effects of bank loyalty programs (bonus programs) implemented by banks in order to improve the image and promote products through providing customers with additional proprietary benefits (discounts, bonus points, «cashback» and so on.) under pre-agreed terms and conditions, for example, at a fixed amount of debit transactions by credit card or by maintaining certain cash balance in the bank account. The author examines such topics as taxation on personal income property benefits transferred from the program owner to consumers and specific procedure for calculating the tax base for profits of bank as owners of loyalty programs. The researcher has analyzed the relevant arbitrage practice as well as written explanations of public authorities (Ministry of Finance of Russia and Federal Tax Service of Russia). The theoretical and practical significance of the study is caused by the fact that the author has summarized existing views on the income taxation of proprietary benefits (including «cashback») received by individuals - clients of the bank under the loyalty program as well as developed evaluation and accounting procedures for the purposes of imposing tax on bank profits under the loyalty program.  

DOI: 10.7256/2306-4234.2013.1.558

Abstract: In the article the enforcement practice of liability of taxpayers in accordance with the item 1 of the clause 119 and with the clause 119.1 of the Tax Code of Russian Federation is considered. The author analyzes the questions whether liability in accordance with the item 1 of the clause 119 of the Tax Code of Russian Federation is justified in the case of submission of an antiquated form of a tax return, or if a tax return contains technical errors, or if normative rules of filling in tax returns are violated; and whether liability for missing of a tax return submission term is justified in the case of mailing a tax return without enclosure inventory; points out the rules for calculating the amount of the fine in accordance with the item 1 of the clause 119 of the Tax Code of Russian Federation; defines what circumstances attenuate a liability for non-submission of a tax return; etc. Also the author analyzes the reasons of liability in accordance with the clause 119.1 of the Tax Code of Russian Federation for failure to follow the procedure of a tax return submission electronically.

Abstract:

Abstract:

Abstract:

Abstract:

Abstract: