DOI: 10.7256/2454-065X.2014.7.12558

Abstract:

DOI: 10.7256/2454-065X.2014.7.65298

Abstract: The object of studies concerns the value of tax planning and management efficiency in economic processes at the micro-level. The state offers business to use legally substantiated means minimizing the tax base. It is a type of the compromise – an entrepreneur does not pay taxes while he complies with the provisions of the Tax Code of the Russian Federation. The lawful means of lowering the tax burden involve tax optimization. Organization of qualified work for calculating taxes shall also allow to lower the unsubstantiated overpayment of taxes and to achieve good financial and economic markers. The article discusses stages and principles of tax planning, much attention is paid to the efficiency of the tax planning in an enterprise. Theoretical, methodological and empirical basis for the studies involved fundamental theories and concepts of tax planning revealing theoretical and methodological fundamentals of tax planning as developed by the Russian scientists. The scientific novelty of the article is due to the generalization and systematization by the authors of the existing approaches to tax planning. The authors analyzed the existing experience, offered the efficiency criteria for the tax planning, generalized the positive practice of activities of the Russian organizations in the sphere of tax planning, the authors offer criteria and algorithms for calculating efficiency of corporate tax planning.

Keywords: methods of tax planning, principles of tax planning, tax planning, tax management, tax basis, taxation, interests of a tax-payer, interests of a state, tax benefits, management decisions.

DOI: 10.7256/2454-065X.2014.7.65299

Abstract: The Russian scientific school of value assessment does not provide sufficient studies of tax aspects of business assessment. There is no detailed algorithm or practical recommendations for the assessor with due consideration for the latest changes and novelties of the tax legislation at the level of federal manuals. The article aims to fill this gap and define the main directions in the development of manuals for assessment of tax aspects in cost assessment and analysis. The article provides definition of tax law and legal responsibility when assessing business value, the author studies practical issues. The author sets the goal of structuring the applied methods of assessment depending on various approaches to assessment. The author establishes a dependency between business value and the measures for tax restructuring, which are taken by the business owner or an investor buying an enterprise. The author sets the directions for taking into account these factors, when defining investment cots. The author postulates the directions for implementation of elements of tax law in the assessment: holding tax audit, provisions for certain factual points of value for the tax consequences in the assessment contract. The author singles out the directions for evaluation of the pre-sale structuring of the assessed enterprise, defining the influence of the changes in the ownership of assets for optimizing tax consequences within the framework of investment value. The author discusses the issues of defining investment value of a business after the enterprise is restructured, as well as place and legal role of tax audit in assessment work. The author defines directions for tax inventory for business assessment, establishing inventory points, property contents, tax risks, possibilities for implementation of certain tax schemes, defects of an evaluated object, internal tax structure. The author offers to use the spread of tax factors when defining investment cost and forming an assessment memo report. The author casts light upon the issues of including taxes into the business value defined by an assessor offering corrections of value depending on the structure in the business ownership in cases such as: remission of taxes in cases of selling a business, selling participation in a business, purchase of a business in Russia with loaned financing of a foreign buyer company, direct sale of assets – sale of business piece by piece. Resolving the problems mentioned in this article shall assist the persons forming and using assessment report in objective evaluation of value aspects in the process of gaining assessment results, providing the state fiscal bodies with important analytical information for raising the tax base.

Keywords: business value assessment, tax aspects of assessment, investment cost, tax audit, tax inventory, tax basis, tax factors, loaned financing, structure of business ownership, behavior factors.

DOI: 10.7256/2454-065X.2014.7.12068

Abstract:

DOI: 10.7256/2454-065X.2014.7.12342

Abstract:

DOI: 10.7256/2454-065X.2014.7.65300

Abstract: The article concerns evaluation of analysis of a federal tax: Value Added Tax (VAT). It is established that the tax classification based upon subject de facto bearing the tax burden provides division of the latter into direct and indirect ones. However, taking into consideration the current mechanism for tax calculation and sources of its payment, there is a possibility for a different classification. At the same time this possibility is objectively proven and supported with the normative legal basis. It is also shown that the constant development and improvement of the tax legislation in some cases leads to the formation of the new problems, requiring taking measures in order to deal with these problems including legislative amendments. One of such problems regarding VAT calculation is the conflict between the tax basis and the object of taxation. The methodology of studies is based upon the dialectic cognition method presupposing the studies of economic relations and matters in their development and interrelation, methods of systemic and comparative analysis, economic mathematical studies of data, synthesis, graphic modeling, methodology of statistical theory. In the process of analysis it is established that specific features of VAT calculation within the framework of the current tax legislation provides for a possibility to classify this tax as an indirect-direct one. At the same time the classic classification of taxes (direct and indirect) should be evaluated critically. Additionally, the analysis of consistency of the VAT taxation object and its tax basis shows the problem requiring a legislative solution. In order to deal with the conflict between the tax basis and the object of taxation there is need to define the moment of realization (sale), and not the moment of payment or shipment of goods, since it may also be the moment of either shipping or payment (if this matter is directly provided for in the contract).

Keywords: VAT, direct, indirect, burden, object of taxation, tax basis, shipment, payment, moment, obligation.

DOI: 10.7256/2454-065X.2014.7.12130

Abstract:

DOI: 10.7256/2454-065X.2014.7.65301

Abstract: The article concerns history of development of non-profit enterprises in the Russian Federation. The author provides analysis of organizational and legal specificities of their functioning. Analysis has shown that non-profit enterprises play an important social, economic and political role in the society, providing services, being employers and human rights activists. They also play a less obvious but nevertheless important role in the development of the civil society, facilitating improvement of living standard, supporting and facilitating civil and religious values. The article provides a study of the modern situation in the tax legislation, making tax statuses of commercial and non-profit organizations basically equal. The author makes a conclusion on the need to develop a clear conceptual approach towards formation of the system of legal and tax identity of non-profit organizations, which has to be taken simultaneously with the improvement of the legislation on commercial enterprises. When there is a united system of organizational legal forms, there shall be a possibility of provision of tax preferences to the due subjects by the state. When choosing recipients of profits among the non-profit organizations, attention should be paid to the types of activity of these organizations and sources of their financing.

Keywords: non-profit organizations, tax system, reform, tax policy, tax preferences, tax exemption, third sector of economy, public organizations, socially-oriented, foreign tax agent.

DOI: 10.7256/2454-065X.2014.7.12451

Abstract:

DOI: 10.7256/2454-065X.2014.7.65302

Abstract: The article provides analysis of the main types of tax policy depending on the phase of economic cycle of its development. The author provides analysis of the normative legal guarantees of the functions of the participants of regional tax policy in the sphere of public economy regulation based upon the example of the Altai region. The author has studied the global scientific practices in the sphere of state regulation and competence of the participants of the tax policy as an element of the financial policy of the state. Topicality of this study is due to the existing problems regarding application of the regulating function of the tax policy, its methodical introduction in the regions, analysis of statistical and economic data and evaluation of alternative regulations. It is established that the maximum positive effect from the application of the regulating function of the tax policy may be achieved, when there is a mechanism of interaction of regulation blocks and the system of control over evaluation of the regulating influence. The practical introduction of the provided regulating mechanism of the tax policy may be taken via formation of the institution of independent audit assessment of the regional tax policy within the framework of the tax reform in Russia.

Keywords: tax, policy, subjects, tax legislation, economics, public regulation, control, taxation, tax system, tax competition.

DOI: 10.7256/2454-065X.2014.7.12320

Abstract:

DOI: 10.7256/2454-065X.2014.7.65303

Abstract: In the latest decade the discussion of the drafts of the state policy in the sphere of production and turnover of the alcoholic drinks and formation of healthy lifestyle of the Russian population, there is an active optimization process in the legislation in this sphere of social relations. Understanding the historical nature of the Russian mechanism of legal regulation of trade in alcoholic drinks in late XIX – early XX centuries and the general experience of alcohol policy are important factors for the formation of the modern concept of state regulation of the alcohol turnover in Russia. Since production and sale of alcohol in the second half of XIX and early XX centuries was an important part of public income, the government was interested in growing amount of the alcohol levy and it was worried by illegal production and sale of alcohol causing the state to lose large profits. This matter required detailed regulation of alcohol trade. On the other hand its regulation was also based upon the moral and medical matters, since development of production and sale of alcohol was always closely connected with the problem of alcoholism of the population. Based upon the analysis of the legislative acts of the Russian Empire of late XIX – early XX centuries and the studies of the materials of the Ministry of Finances the author presents the Russian retrospective of the mechanism for the legal regulation of trade in alcohol drinks in the conditions of fiscal alcohol monopoly, showing the steps towards achieving the goals of the state and analyzing its results.

Keywords: law, Russian Empire, state, monopoly, alcoholic drinks, alcohol, trade, supervision, wine, beer, excise, vodka, spirit.

DOI: 10.7256/2454-065X.2014.7.12372

Abstract:

DOI: 10.7256/2454-065X.2014.7.65304

Abstract: The object of studies involves the combination of the applied methods of state regulation via taxes and their structural elements, which are aimed at the stimulation of innovation developments for the purpose of technological modernization of the Russian economy. The target elements of tax stimulation include preferences and reductions. The ambiguousness of the interpretations of these terms allows the tax bodies of the Russian Federation to demonstrate varying attitudes towards control over the use of these instruments. The biased attitude of the Federal Tax Service of the Russian Federation to the control over the use of reductions by the tax-payers makes the tax-payers avoid their use. The study is based upon the document analysis and the combination of synthesis and systematizing. With the use of the method of generalization of scientific and legislative approaches to the Russian tax practice the authors define the specificities of application of the terms “preferences” and “reductions”. The authors provide theoretical generalizations, showing the goals and conditions for the tax stimulation of innovative activities via preferences and reductions, showing the contradictions in the official documents regarding identification of the terms “preference” and “reduction”. The authors then attempt to single out differences and to substantiate the need to provide for their definition at the legislative level. It is shown that current Russian taxation system is not wholly oriented at the improvement of innovative activities of economic subjects in the science-intensive spheres. The authors provide arguments proving lack of methods for the efficiency evaluation for the tax preferences and reduction, further complicating the formation of conclusion on the influence of the tax reductions upon the innovative development of the Russian economy.

Keywords: tax stimulation, innovations, financial policy, tax policy, reductions, preferences, efficiency, taxation, profit tax, tax basis.