DOI: 10.7256/2454-065X.2015.6.14088

Abstract: The object under research of this article is the public relations developing when the companies from particular member states change their residence and transfer assets from the head company to their economically independent subdivision in other member states. The subject under research of the present article is the legal regulation of taxation in the process of withdrawal of parties as a resulf of the transfer of assets from the head company to subdivisions located in other member states of the EU. The author examines such aspects of the topic as granting tax deferment, the term of tax deferment, specifying requirements of the government on provision of the bank guarantee and interest payment. Special attention is paid to the practice of the European Court of Justice that prejudicially viewed the issues of compatibility of the provisions of domestic tax legislation on taxation during withdrawal of parties in different member states. The methodological basis of the article involves general and special methods of scientific cognition. The researcher has also used the methods of legal, system, comparative law and linguistic analysis. Based on the results of the research, the author concludes that, firstly, immediate taxation of unrealized capital gain when transfering assets from the head company to a subdivision in another member state violates the EU rights. Secondly, the requirement to provide the bank guarantee does not automatically violate the EU rights; any condition introduced by the goverment must be proportional to achieving balanced distribution of authorities to collect taxes between states. Thirdly, when developing their own domestic legislation on taxation during withdrawal of parties the governments must find the balance between retaining their rights to perform their tax authorities and eliminating obstacles for efficient functioning of the domestic market and exercising the four economic freedoms guaranteed by the founding treaties of the EU.   

Keywords: resident, transfer of assets, permanent establishment, economically autonomous subdivision, European Court of Justice, taxation during withdrawal of parties, European Union, redomiciliation, directive on cross-border merger, domestic market

DOI: 10.7256/2454-065X.2015.6.66625

Abstract: The object under research of this article is the public relations developing when the companies from particular member states change their residence and transfer assets from the head company to their economically independent subdivision in other member states. The subject under research of the present article is the legal regulation of taxation in the process of withdrawal of parties as a resulf of the transfer of assets from the head company to subdivisions located in other member states of the EU. The author examines such aspects of the topic as granting tax deferment, the term of tax deferment, specifying requirements of the government on provision of the bank guarantee and interest payment. Special attention is paid to the practice of the European Court of Justice that prejudicially viewed the issues of compatibility of the provisions of domestic tax legislation on taxation during withdrawal of parties in different member states. The methodological basis of the article involves general and special methods of scientific cognition. The researcher has also used the methods of legal, system, comparative law and linguistic analysis. Based on the results of the research, the author concludes that, firstly, immediate taxation of unrealized capital gain when transfering assets from the head company to a subdivision in another member state violates the EU rights. Secondly, the requirement to provide the bank guarantee does not automatically violate the EU rights; any condition introduced by the goverment must be proportional to achieving balanced distribution of authorities to collect taxes between states. Thirdly, when developing their own domestic legislation on taxation during withdrawal of parties the governments must find the balance between retaining their rights to perform their tax authorities and eliminating obstacles for efficient functioning of the domestic market and exercising the four economic freedoms guaranteed by the founding treaties of the EU.   

Keywords: resident, transfer of assets, permanent establishment, economically autonomous subdivision, European Court of Justice, taxation during withdrawal of parties, European Union, redomiciliation, directive on cross-border merger, domestic market

DOI: 10.7256/2454-065X.2015.6.15278

Abstract: The subject under research of the present article is the tax factors that influence the enterprise value as well as the aspects of keeping records of these tax factors by the means of new and complex analysis information systems. In their article Bogatyrev and Alferova performs the synthesis of the results of recent researches on the influence and determination of tax factors in the value analysis and the analysis of these factors in contemporary information analysis data bases. In their article the researchers describe theoretical grounds of the influence of the tax factors on the value of the enterprise. The authors define the tax factors and their indicators as well as describe the accounting and tax registers that need to be analyzed in order to define these factors. The researchers analyze the experience of tax and regulatory authorities in using information systems to analyze the economic status and to evaluate assets and enteprises for the purpose of additional tax assessment. The authors discuss the oppotunities of today's information systems for the value analysis and determination of the influence of the tax factors on the value of Russian companies when a tax analyst has no traditional information resources available to carry out such an anaysis. The influence of the tax factors on the value of companies is quite an understudied and undeveloped topic both in Russian and foreign economic literature. Thus, the influence of the tax factors on the value and contemporary information system are new and understudied phenomena for Russian financial academic community. Questions about the analysis of specific national factors in information analysis sytems that are so popular in Russia nowadays have neve been raised at all. Therefore, this is the first research to study the theory and practice of the value analysis of iron and steel companies taking into account the tax factors and applying popular information systems. 

Keywords: tax authorities, cost approach, tax effects, the market approach, the income approach, valuation, information systems, the tax factors, investment value, market value

DOI: 10.7256/2454-065X.2015.6.66626

Abstract: The subject under research of the present article is the tax factors that influence the enterprise value as well as the aspects of keeping records of these tax factors by the means of new and complex analysis information systems. In their article Bogatyrev and Alferova performs the synthesis of the results of recent researches on the influence and determination of tax factors in the value analysis and the analysis of these factors in contemporary information analysis data bases. In their article the researchers describe theoretical grounds of the influence of the tax factors on the value of the enterprise. The authors define the tax factors and their indicators as well as describe the accounting and tax registers that need to be analyzed in order to define these factors. The researchers analyze the experience of tax and regulatory authorities in using information systems to analyze the economic status and to evaluate assets and enteprises for the purpose of additional tax assessment. The authors discuss the oppotunities of today's information systems for the value analysis and determination of the influence of the tax factors on the value of Russian companies when a tax analyst has no traditional information resources available to carry out such an anaysis. The influence of the tax factors on the value of companies is quite an understudied and undeveloped topic both in Russian and foreign economic literature. Thus, the influence of the tax factors on the value and contemporary information system are new and understudied phenomena for Russian financial academic community. Questions about the analysis of specific national factors in information analysis sytems that are so popular in Russia nowadays have neve been raised at all. Therefore, this is the first research to study the theory and practice of the value analysis of iron and steel companies taking into account the tax factors and applying popular information systems. 

Keywords: tax authorities, cost approach, tax effects, the market approach, the income approach, valuation, information systems, the tax factors, investment value, market value

DOI: 10.7256/2454-065X.2015.6.15535

Abstract: The subject under research is the social and economic development of the Autonomous Republic of Crimea from the point of view of the taxable capacity of the region and prognosis of tax revenues. The emphasis is made on studying macroeconomic indicators as well as the sectoral structure of the development the given territory when it was part of the Ukraine and after it joined Russia. In addition, the author analyzes the situation with profitable and unprofitable enterprises in the Autonomous Republic of Crimea versus Russia's data. In order to provide a comprehensible analysis, the author of the article also studies data on tax revenues from the Autonomous Republic of Crimea in 2014 as well as expected tax revenues in 2015. The methodology of the research involves comparative analysis and logical interpretation of the results that were later formulated in the form of general conclusions. The main provisions that reflect the results of the analysis are the following: The author has described the main peculiarities of the development of Gross Regional Product in the Autonomous Republic of Crimea when it was part of the Ukraine whih allows to predict the development of the region for the next years. When comparing macroeconomic development indicators of the Autonomous Republic of Crimea and the Russian Federation, the author concludes that the economy of the AR Crimea is behind according to a number of indicators. The structure of the industrial production by type of activity has particular peculiarities in the Republic of Crimea which needs to be taken into account when evaluating the taxable capacity and prospective tax regulation methods. The author also proves that the taxable capacity of the Autonomous Republic of Crimea for 2015 and the following years has all opportunities to grow providing that special conditions for the development of the given territory will be made and tax administration will be arranged at the highest level. 

Keywords: taxable capacity, gross regional product, macroeconomic indicators, production of industrial products, balanced financial result, public sector revenues, tax payments, Autonomous Republic of Crimea , tourism, viticulture (grape growing)

DOI: 10.7256/2454-065X.2015.6.66627

Abstract: The subject under research is the social and economic development of the Autonomous Republic of Crimea from the point of view of the taxable capacity of the region and prognosis of tax revenues. The emphasis is made on studying macroeconomic indicators as well as the sectoral structure of the development the given territory when it was part of the Ukraine and after it joined Russia. In addition, the author analyzes the situation with profitable and unprofitable enterprises in the Autonomous Republic of Crimea versus Russia's data. In order to provide a comprehensible analysis, the author of the article also studies data on tax revenues from the Autonomous Republic of Crimea in 2014 as well as expected tax revenues in 2015. The methodology of the research involves comparative analysis and logical interpretation of the results that were later formulated in the form of general conclusions. The main provisions that reflect the results of the analysis are the following: The author has described the main peculiarities of the development of Gross Regional Product in the Autonomous Republic of Crimea when it was part of the Ukraine whih allows to predict the development of the region for the next years. When comparing macroeconomic development indicators of the Autonomous Republic of Crimea and the Russian Federation, the author concludes that the economy of the AR Crimea is behind according to a number of indicators. The structure of the industrial production by type of activity has particular peculiarities in the Republic of Crimea which needs to be taken into account when evaluating the taxable capacity and prospective tax regulation methods. The author also proves that the taxable capacity of the Autonomous Republic of Crimea for 2015 and the following years has all opportunities to grow providing that special conditions for the development of the given territory will be made and tax administration will be arranged at the highest level. 

Keywords: taxable capacity, gross regional product, macroeconomic indicators, production of industrial products, balanced financial result, public sector revenues, tax payments, Autonomous Republic of Crimea, tourism, viticulture (grape growing)

DOI: 10.7256/2454-065X.2015.6.15656

Abstract: In his article Zutikov discusses the most important functions of credit organizations in the taxation process. In particular, special attention is paid to the definitions of credit organizations and banks from the point of view of legal technicality in the lawmaking process. The author of the present article fully describes functions of credit organizations in the taxation process and views their activity as well as the problems that may arise in their communication with the regulatory authorities. In his article the author also points out that the tax liability of a credit organization has a rather unclear definition which creates the need for a better legal regulation thereof. The main research methods used by the author of the article include the technical legalistic method, comparative law method and the method of interpretation. The scientific novelty of the research is caused by the fact that the author provides a more miscellaneous definition of a credit organization and its role in the tax law and taxation process. The author suggests to formalise the definition of the legal capacity and competence of legal entities including credit organizations. The author also points out that the tax liability of a credit organization has a rather unclear definition which creates the need for a better legal regulation thereof.

Keywords: tax, law, function, credit organization, taxation process, taxation law, rulemaking, process, procedure, responsibility

DOI: 10.7256/2454-065X.2015.6.66628

Abstract: In his article Zutikov discusses the most important functions of credit organizations in the taxation process. In particular, special attention is paid to the definitions of credit organizations and banks from the point of view of legal technicality in the lawmaking process. The author of the present article fully describes functions of credit organizations in the taxation process and views their activity as well as the problems that may arise in their communication with the regulatory authorities. In his article the author also points out that the tax liability of a credit organization has a rather unclear definition which creates the need for a better legal regulation thereof. The main research methods used by the author of the article include the technical legalistic method, comparative law method and the method of interpretation. The scientific novelty of the research is caused by the fact that the author provides a more miscellaneous definition of a credit organization and its role in the tax law and taxation process. The author suggests to formalise the definition of the legal capacity and competence of legal entities including credit organizations. The author also points out that the tax liability of a credit organization has a rather unclear definition which creates the need for a better legal regulation thereof.

Keywords: tax, law, function, credit organization, taxation process, taxation law, rulemaking, process, procedure, responsibility

DOI: 10.7256/2454-065X.2015.6.13585

Abstract: In her article Kondrashova analyzes the corporate tax as the tax that, in fact, characterizes the financial result of the company's activity. The author describes the corporate tax from the point of view of microeconomics and as one of the main budget generating tax. In terms of microeconomics, the researcher studies the investment nature of the mechanism of consolidated taxation for major vertically integrated companies. The author of the article also describes peculiarities of the process of taxation with the consolidated corporate tax in the Russian Federation and distinguishes between budget responsibilities of a liable participant and responsibilities of a regular participant of the consolidated group of taxpayers.  In her research Kondrashova has used the following methods of research and scientific cognition: analysis and synthesis, comparison, induction, deduction and modelling. The author notes that implementation of consolidated taxation has a stimulating nature. Through establishing special taxation rules for corporate entities, the government stimulates their development despite significant budget losses at the initial stage.  The researcher also notes that a particular feature of a consolidate goup established in accordance with the Russian legislation is that each participant retains their legal, taxation and economic independence, continues to perform economic operations and keep the records of these operations in accordance with the taxation and accounting requirements except obligations towards assessment and payment of the corporate tax.   

Keywords: consolidated group of taxpayers, corporate tax, budget generating tax, financial result, liable participant, taxpayers, stimulating nature, consolidated tax basis, tax independence, budget obligations

DOI: 10.7256/2454-065X.2015.6.66629

Abstract: In her article Kondrashova analyzes the corporate tax as the tax that, in fact, characterizes the financial result of the company's activity. The author describes the corporate tax from the point of view of microeconomics and as one of the main budget generating tax. In terms of microeconomics, the researcher studies the investment nature of the mechanism of consolidated taxation for major vertically integrated companies. The author of the article also describes peculiarities of the process of taxation with the consolidated corporate tax in the Russian Federation and distinguishes between budget responsibilities of a liable participant and responsibilities of a regular participant of the consolidated group of taxpayers.  In her research Kondrashova has used the following methods of research and scientific cognition: analysis and synthesis, comparison, induction, deduction and modelling. The author notes that implementation of consolidated taxation has a stimulating nature. Through establishing special taxation rules for corporate entities, the government stimulates their development despite significant budget losses at the initial stage.  The researcher also notes that a particular feature of a consolidate goup established in accordance with the Russian legislation is that each participant retains their legal, taxation and economic independence, continues to perform economic operations and keep the records of these operations in accordance with the taxation and accounting requirements except obligations towards assessment and payment of the corporate tax.   

Keywords: consolidated group of taxpayers, corporate tax, budget generating tax, financial result, liable participant, taxpayers, stimulating nature, consolidated tax basis, tax independence, budget obligations

DOI: 10.7256/2454-065X.2015.6.14219

Abstract: The subject of study of this article is the assessment of the current practice in determining the tax component of the regional budget. This problem is growing important due to the existing fiscal policy the priority of which is the create conditions for self-development of regions. Thus, the social and economic development of the regions is related to the strengthening of the revenue base budgets by improving the system of tax revenues and increasing the control over timely payment of taxes.  In her article Sugarova states that the amount of tax revenues in the region depends on the level and quality of economic processes, thus it is proposed to implement the priority areas for the further development thereof. The author of the article analyzes the dynamics of the income structure of the republican budget in the Republic of North Ossetia - Alania as well as analyzes the structure of tax revenues. As a result, the author makes a conclusion about the dominating role of federal taxes  in the process of the formation of the revenue base of the republic budget. The study indicates that the economic development of the region is predetermined by the achieved level of tax revenues that result from the taxable capacity. It is proved that the improvement of the methodology of tax revenue planning must take into acount the indicators of the tax collection rate and risk which would allow to define the most significant risks, assess the risks, what causes them and how to eliminate them and to assess the volume of budget prescriptions taking into account the risks. 

Keywords: deductions from taxes, own tax revenues, taxable capacity, budget receipts, tax revenues, tax component, economic independence, regional budget, assessment of taxable capacity, tax collection, budget planning

DOI: 10.7256/2454-065X.2015.6.66630

Abstract: The subject of study of this article is the assessment of the current practice in determining the tax component of the regional budget. This problem is growing important due to the existing fiscal policy the priority of which is the create conditions for self-development of regions. Thus, the social and economic development of the regions is related to the strengthening of the revenue base budgets by improving the system of tax revenues and increasing the control over timely payment of taxes.  In her article Sugarova states that the amount of tax revenues in the region depends on the level and quality of economic processes, thus it is proposed to implement the priority areas for the further development thereof. The author of the article analyzes the dynamics of the income structure of the republican budget in the Republic of North Ossetia - Alania as well as analyzes the structure of tax revenues. As a result, the author makes a conclusion about the dominating role of federal taxes  in the process of the formation of the revenue base of the republic budget. The study indicates that the economic development of the region is predetermined by the achieved level of tax revenues that result from the taxable capacity. It is proved that the improvement of the methodology of tax revenue planning must take into acount the indicators of the tax collection rate and risk which would allow to define the most significant risks, assess the risks, what causes them and how to eliminate them and to assess the volume of budget prescriptions taking into account the risks. 

Keywords: deductions from taxes, own tax revenues, taxable capacity, budget receipts, tax revenues, tax component, economic independence, regional budget, assessment of taxable capacity, tax collection, budget planning

DOI: 10.7256/2454-065X.2015.6.15265

Abstract: Creation of the model of service-oriented management involves the development of public services based on electronic interaction of the tax authorities with taxpayers. Implementation of these areas involves the creation of conditions for streamlining and simplification of tax procedures, forms and methods of tax administration which can increase the number of taxpayers who voluntarily perform their tax obligations. The expected result will be the expansion of the range of services provided by tax authorities to taxpayers, improvement of information on tax legislation and, as a consequence, increase in the share of taxpayers who satisfactorily assess the quality of tax administration.The purpose of this paper is to review the current practice of information exchange between tax authorities and taxpayers and to determine the main directions of improving it.The authors of the article show the role of modern information technologies in the process of transforming the activities of tax authorities. The authors prove the need for the development of online tax services allowing to automate the maximum amount of tax procedures. They also demonstrate that it would be advantageous take on the tax monitoring based on building trust between tax authorities and taxpayers while controlling the timeliness and completeness of tax payments to the budget system.

Keywords: tax audit, taxpayer, tax monitoring, State Tax Service, online services, communication, tax authorities, tax awareness, tax inspector, partnership

DOI: 10.7256/2454-065X.2015.6.66631

Abstract: Creation of the model of service-oriented management involves the development of public services based on electronic interaction of the tax authorities with taxpayers. Implementation of these areas involves the creation of conditions for streamlining and simplification of tax procedures, forms and methods of tax administration which can increase the number of taxpayers who voluntarily perform their tax obligations. The expected result will be the expansion of the range of services provided by tax authorities to taxpayers, improvement of information on tax legislation and, as a consequence, increase in the share of taxpayers who satisfactorily assess the quality of tax administration.The purpose of this paper is to review the current practice of information exchange between tax authorities and taxpayers and to determine the main directions of improving it.The authors of the article show the role of modern information technologies in the process of transforming the activities of tax authorities. The authors prove the need for the development of online tax services allowing to automate the maximum amount of tax procedures. They also demonstrate that it would be advantageous take on the tax monitoring based on building trust between tax authorities and taxpayers while controlling the timeliness and completeness of tax payments to the budget system.

Keywords: tax audit, taxpayer, tax monitoring, State Tax Service, online services, communication, tax authorities, tax awareness, tax inspector, partnership