DOI: 10.7256/2454-065X.2015.12.15357

Abstract: The author of the article examines the main aspects of the reform of the budgetary policy in the European Union, during which the interests of åðó three large groups of EU Member States collided. In his research Golev shows the internal contradictions and different economic conditions in the EU Member States, which, considering their possibility to use the veto right, make it very difficult to reach a compromise regarding the formation of the long-term budget particularly considering the current geopolitical and geo-economical instability. The author considers the EU new measures differentiating areas in need of subsidies depending on their levels of socio-economic development. The author carries out a comparative analysis and critical assessment, adopted after lengthy approvals of the fifth seven-year EU budget. The author of the article notes that in the financial terms of the European Union, for the period from 2014 to 2020 the UE maintains a steady trend of budget cuts on agricultural and environmental programs. The author emphasizes the adoption of the new tax, which is so far offered to be implemented only in the EU countries that are ready for that, and it will be charged only from financial institutions - banks, investment funds and insurance companies.

Keywords: EU budget, Eurostat, European Fund, the economy of the European Union, veto, socio-economic development, subsidies, Annual Growth Survey, European Commission, European Parliament

DOI: 10.7256/2454-065X.2015.12.67387

Abstract: The author of the article examines the main aspects of the reform of the budgetary policy in the European Union, during which the interests of åðó three large groups of EU Member States collided. In his research Golev shows the internal contradictions and different economic conditions in the EU Member States, which, considering their possibility to use the veto right, make it very difficult to reach a compromise regarding the formation of the long-term budget particularly considering the current geopolitical and geo-economical instability. The author considers the EU new measures differentiating areas in need of subsidies depending on their levels of socio-economic development. The author carries out a comparative analysis and critical assessment, adopted after lengthy approvals of the fifth seven-year EU budget. The author of the article notes that in the financial terms of the European Union, for the period from 2014 to 2020 the UE maintains a steady trend of budget cuts on agricultural and environmental programs. The author emphasizes the adoption of the new tax, which is so far offered to be implemented only in the EU countries that are ready for that, and it will be charged only from financial institutions - banks, investment funds and insurance companies.

Keywords: European Parliament, Annual Growth Survey, EU budget, European Commission, subsidies, socio-economic development, economy of the European Union, veto, European Fund, Eurostat

DOI: 10.7256/2454-065X.2015.12.17341

Abstract: The subject of the research is the theoretical and practical problems of the co-relation between the international anti-avoidance tax concept of 'beneficial owner of income' and principles of 'economic substance' and 'substantive business activity' of a foreign entity in his/her state of residence used for the purpose of tax convention application. There is a opinion that a foreign recipient of passive income has an 'economic substance' and 'substanctive business activity' in a state of his/her residence if there he/she has an office, employees, local directors and conduct actual entrepreneurial activity. Does it mean that a foreign company is automatically recognized as a 'beneficial owner' of passive income received out of the sources of a contracting state? In this research Balakina analyzes and systematizes the current approaches of OECD, foreign science and practice in the sphere of international taxation as well as approaches of Russian judicial and tax authorities to the problem. To substantiate theoretical provisions and practical results of the research, the author has used the methods of induction and deduction, comparative and logical analysis as well as systems and integrated approaches. The scientific novelty of the research is caused by the fact that the author provides a comprehensive analysis of the issue under research and offers recommendations aimed at differentiating between the concept of 'beneficial owner' of income and principles of 'economic substance' and 'substantive business activity' which is important for establishing particular criteria of the definition of 'beneficial owner' of income. The main conclusion of the research is that there are the two different anti-avoidance tax concepts from the point of view of legal science, and therefore they shouldn't be confused. The international tax concept of 'beneficial owner' of income relates to the scope of right for income earned by a foreign recipient of income but not the degree of economic attribution of a foreign recipient of income applying for a tax benefit based on the convention with a state of his/her residence. Despite the fact that foreign conduit companies usually do not have 'economic substance' or 'substantive business activity' in states of their residence, their presence does not always indicate them as the 'beneficial owner' of income. 

DOI: 10.7256/2454-065X.2015.12.67388

Abstract: The subject of the research is the theoretical and practical problems of the co-relation between the international anti-avoidance tax concept of 'beneficial owner of income' and principles of 'economic substance' and 'substantive business activity' of a foreign entity in his/her state of residence used for the purpose of tax convention application. There is a opinion that a foreign recipient of passive income has an 'economic substance' and 'substanctive business activity' in a state of his/her residence if there he/she has an office, employees, local directors and conduct actual entrepreneurial activity. Does it mean that a foreign company is automatically recognized as a 'beneficial owner' of passive income received out of the sources of a contracting state? In this research Balakina analyzes and systematizes the current approaches of OECD, foreign science and practice in the sphere of international taxation as well as approaches of Russian judicial and tax authorities to the problem. To substantiate theoretical provisions and practical results of the research, the author has used the methods of induction and deduction, comparative and logical analysis as well as systems and integrated approaches. The scientific novelty of the research is caused by the fact that the author provides a comprehensive analysis of the issue under research and offers recommendations aimed at differentiating between the concept of 'beneficial owner' of income and principles of 'economic substance' and 'substantive business activity' which is important for establishing particular criteria of the definition of 'beneficial owner' of income. The main conclusion of the research is that there are the two different anti-avoidance tax concepts from the point of view of legal science, and therefore they shouldn't be confused. The international tax concept of 'beneficial owner' of income relates to the scope of right for income earned by a foreign recipient of income but not the degree of economic attribution of a foreign recipient of income applying for a tax benefit based on the convention with a state of his/her residence. Despite the fact that foreign conduit companies usually do not have 'economic substance' or 'substantive business activity' in states of their residence, their presence does not always indicate them as the 'beneficial owner' of income. 

Keywords: anti-avoidance tax concept, Update OECD Commentaries, a resident of a contracting state, substantive business activity, economic substance approach, Double Tax Avoidance Conventions, conduit companies, actual recipient of income, beneficial owner of income, taxation of passive income

DOI: 10.7256/2454-065X.2015.12.14793

Abstract: The subject of the study. Because the primary of the leading sectors of the economy is the oil industry, the mineral extraction tax is one of the main sources of replenishment of the Russian Federation budget. Minor changes in oil prices on the international market have a tremendous impact on the state Russian Federation budget, the problem of replenishment of budget has been particularly relevant lately. The mineral extraction tax has proved its fiscal orientation, while its regulatory function receded into the background, thus accumulating a lot of problems in the field of oil production. The authors of the article analyze alternative methods of taxation in the oil industry in Russia in order to improve it in modern terms. Methodology. By using the systems approach and statistical methods, the authors of the article analyze the current state of the mineral extraction tax and conduct a comparative analysis of alternative methods of taxation of oil production in Russia. The novelty of the study. Conclusions. The article reveals the shortcomings of the mineral extraction tax and considers alternative methods of taxation in the oil industry in Russia. The conclusions on the impact of sanctions against Russia are made. The hypothesis of the article is to assess the effectiveness of the taxation system for the oil industry, particularly, the role of the added revenue tax.

Keywords: oil production, the state budget, added revenue tax, mineral extraction tax, tax efficiency, sanctions, raw materials, investment, technology, tax maneuver

DOI: 10.7256/2454-065X.2015.12.67389

Abstract: The subject of the study. Because the primary of the leading sectors of the economy is the oil industry, the mineral extraction tax is one of the main sources of replenishment of the Russian Federation budget. Minor changes in oil prices on the international market have a tremendous impact on the state Russian Federation budget, the problem of replenishment of budget has been particularly relevant lately. The mineral extraction tax has proved its fiscal orientation, while its regulatory function receded into the background, thus accumulating a lot of problems in the field of oil production. The authors of the article analyze alternative methods of taxation in the oil industry in Russia in order to improve it in modern terms. Methodology. By using the systems approach and statistical methods, the authors of the article analyze the current state of the mineral extraction tax and conduct a comparative analysis of alternative methods of taxation of oil production in Russia. The novelty of the study. Conclusions. The article reveals the shortcomings of the mineral extraction tax and considers alternative methods of taxation in the oil industry in Russia. The conclusions on the impact of sanctions against Russia are made. The hypothesis of the article is to assess the effectiveness of the taxation system for the oil industry, particularly, the role of the added revenue tax.

Keywords: technology, investment, oil production, state budget, added revenue tax, mineral extraction tax, tax efficiency, sanctions, raw materials, tax maneuver

DOI: 10.7256/2454-065X.2015.12.15651

Abstract: The subject of the research is the special tax treatments that can be applied in the process of taxation of agricultural holdings. Special tax treatment (regime) stands for a special procedure for calculating and paying taxes and levies that is used for a certain period of time, in certain cases and in the manner prescribed by the Tax Code of Russia and applicable federal laws. Special tax treatments include the following: agricultural producers taxation system (the unified agricultural tax), simplified taxation system and taxation system in the form of the unified tax on imputed income for certain activities. In the course of writing her research Ermakova has applied the following research methods: comparative method, analysis of the regulatory and legal framework, examination of monographical publications and articles and analytical method. The researcher emphasizes the need for developing the single accounting policy of all companies constituting an agricultural holding. Ermakova also offers her own definitin of the single accounting policy of an agricultural holding and describes the main distinguished features of the process of taxation of agricultural companies. The author also describes peculiarities of agricultural holding companies applying the general taxation treatment and focuses on the nature and procedure for applying special tax treatments at agricultural holding companies. The researcher discusses benefits and drawbacks of applying special tax treatments. 

DOI: 10.7256/2454-065X.2015.12.67390

Abstract: The subject of the research is the special tax treatments that can be applied in the process of taxation of agricultural holdings. Special tax treatment (regime) stands for a special procedure for calculating and paying taxes and levies that is used for a certain period of time, in certain cases and in the manner prescribed by the Tax Code of Russia and applicable federal laws. Special tax treatments include the following: agricultural producers taxation system (the unified agricultural tax), simplified taxation system and taxation system in the form of the unified tax on imputed income for certain activities. In the course of writing her research Ermakova has applied the following research methods: comparative method, analysis of the regulatory and legal framework, examination of monographical publications and articles and analytical method. The researcher emphasizes the need for developing the single accounting policy of all companies constituting an agricultural holding. Ermakova also offers her own definitin of the single accounting policy of an agricultural holding and describes the main distinguished features of the process of taxation of agricultural companies. The author also describes peculiarities of agricultural holding companies applying the general taxation treatment and focuses on the nature and procedure for applying special tax treatments at agricultural holding companies. The researcher discusses benefits and drawbacks of applying special tax treatments. 

Keywords: agricultural holding, accounting policy, taxation, tax regimes, tax treatments, companies, recording, regulation, system, law, procedure

DOI: 10.7256/2454-065X.2015.12.15864

Abstract: The object of the research is the social relations arising in the process of calculating and paying taxes in the sphere of education and science and application of tax benefits by educational or research institutions in case of  certain taxes, in particular, corporate profit tax and value added tax. The subject of the research is the provisions of tax legislation regulating the procedure for imposing taxes on educational or research institutions as well as establishing the mechanism of their tax stimulation. The purpose of the research is to define the mechanism of taxation of educational and scientific spheres taking into account the means of their tax stimulation. Consistent and valid results of the study are obtained by using the combination of system-structure, comparative law, legal technical and logical theoretical methods as well as methods of analysis, explanation, induction, deduction, interpretation and classification. The novelty of the article is caused by the fact that in the course of analyzing tax legislation of the Russian Federation, Moshkova has examined peculiarities of taxation of the sphere of education adn science as a result of Russia transferring to innovation-based economy, describes the procedure for calculating and paying taxes by educational or research institutions based on the example of the corporate profit tax and value added tax, views special features of tax stimulation of this social sphere and defines the gaps in the existing tax legislation as well as gives recommendations on how to improve it. 

Keywords: educational institutions, tax benefits, tax stimulation, VAT, the income tax, the sphere of education and science, taxation, educational activity, innovation, scientific research

DOI: 10.7256/2454-065X.2015.12.67391

Abstract: The object of the research is the social relations arising in the process of calculating and paying taxes in the sphere of education and science and application of tax benefits by educational or research institutions in case of  certain taxes, in particular, corporate profit tax and value added tax. The subject of the research is the provisions of tax legislation regulating the procedure for imposing taxes on educational or research institutions as well as establishing the mechanism of their tax stimulation. The purpose of the research is to define the mechanism of taxation of educational and scientific spheres taking into account the means of their tax stimulation. Consistent and valid results of the study are obtained by using the combination of system-structure, comparative law, legal technical and logical theoretical methods as well as methods of analysis, explanation, induction, deduction, interpretation and classification. The novelty of the article is caused by the fact that in the course of analyzing tax legislation of the Russian Federation, Moshkova has examined peculiarities of taxation of the sphere of education adn science as a result of Russia transferring to innovation-based economy, describes the procedure for calculating and paying taxes by educational or research institutions based on the example of the corporate profit tax and value added tax, views special features of tax stimulation of this social sphere and defines the gaps in the existing tax legislation as well as gives recommendations on how to improve it. 

Keywords: taxation, sphere of education and science, VAT (value added tax), profit tax, tax stimulation, educational activity, tax benefits, educational institutions, innovation, scientific research

DOI: 10.7256/2454-065X.2015.12.17230

Abstract: The subject of the research is the problems of approximation of legislation of the European Union (EU) member states in the sphere of direct taxation. The object of the research is the mechanisms of harmonization in the sphere of taxation of companies and physical entities, in particular, the researcher analyzes the cases of positive and negative integration of legislation within the territory of the EU. Positive integration is aimed at creating the EU common legal basis based on the rapprochement of the member states regarding particular issues of taxation policy which results in making coordinated solutions in the form of mandatory Directives and Regulations. Negative integration appears in cases when coordinated decisions of the member states are either impossible to be applied or insufficient and involves prohibitions in the form of the EU primary and secondary legal acts as well as decisions of the European Court of Justice. The main research methods used by the author are the following: comparative law and linguistic methods, analogy method as well as general scientific methods such as analysis, synthesis, induction, deduction, abstraction, formalisation and others. The scientific novelty of the research is caused by the fact that the author analyzes supra-national mechanisms of direct taxation legal regulation which have been already tried and improved by the member states. According to the author, the EU experience can be used by the Eurasian Economic Union member states. The main conclusion is that harmonization of legislation requires practical implementation of both positive and negative integration tools. Implementation of supra-national EU regulations is accompanied with linguistic and conceptual legal problems which can't be solved without introducing prohibitive measures for the member states as well as explanations of the EU authorities and interference of the European Court of Justice. 

DOI: 10.7256/2454-065X.2015.12.67392

Abstract: The subject of the research is the problems of approximation of legislation of the European Union (EU) member states in the sphere of direct taxation. The object of the research is the mechanisms of harmonization in the sphere of taxation of companies and physical entities, in particular, the researcher analyzes the cases of positive and negative integration of legislation within the territory of the EU. Positive integration is aimed at creating the EU common legal basis based on the rapprochement of the member states regarding particular issues of taxation policy which results in making coordinated solutions in the form of mandatory Directives and Regulations. Negative integration appears in cases when coordinated decisions of the member states are either impossible to be applied or insufficient and involves prohibitions in the form of the EU primary and secondary legal acts as well as decisions of the European Court of Justice. The main research methods used by the author are the following: comparative law and linguistic methods, analogy method as well as general scientific methods such as analysis, synthesis, induction, deduction, abstraction, formalisation and others. The scientific novelty of the research is caused by the fact that the author analyzes supra-national mechanisms of direct taxation legal regulation which have been already tried and improved by the member states. According to the author, the EU experience can be used by the Eurasian Economic Union member states. The main conclusion is that harmonization of legislation requires practical implementation of both positive and negative integration tools. Implementation of supra-national EU regulations is accompanied with linguistic and conceptual legal problems which can't be solved without introducing prohibitive measures for the member states as well as explanations of the EU authorities and interference of the European Court of Justice. 

Keywords: negative integration, positive integration, implementation, direct taxation, harmonization, european law, tax law, European Union, Germany, European Court of Justice