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MAIN PAGE > Journal "Taxes and Taxation" > Contents of Issue ¹ 01/2016
Contents of Issue ¹ 01/2016
International Tax Law
Izvekov S.S. - Developing Taxation Matters of Cross-Border Bankruptcy Within the Territory of the BRICS Countries

DOI:
10.7256/2454-065X.2016.1.16049

Abstract: The present article is devoted to the taxation matters arising in the process of cross-border bankruptcy as well as ways to harmonize legislation systems of the BRICS member-states for this purpose. In his research Izvekov defines the main problems related to the priority of fiscal requirements in the bankruptcy legislation of the BRICS countries, analyzes whether a state may participate in the case of bankruptcy while in the territory of another contracting state and offers relevant solutions. The researcher outlines the theoretical grounds for the influence of fiscal requirements of the state at the extraterritorial level. The research is based on the comparative analysis of international practices of trans-border bankruptcies, national bankruptcy legislation and issues of insolvency of the BRICS countries. The author also describes conceptual contradictions in the priority of creditors' claims in some BRICS countries. Izvekov demonstrates how the main results of the research can be applied to the BRICS commonwealth and suggest that government authorities should be able to participate in the proceedings initiated in the territory of other BRICS countries. It is assumed that the present research article can be of interest not only for those who are interested in trans-border bankruptcy but also for those who are concerned about general issues of comparative legal studies and international jurisdiction. 
Keywords: transboundary insolvency, cross-border insolvency, lex fori concursus, tax issues, competition of international claims, conflict of international claims, equality of rights, sanation, peaceful agreement, reciprocity principle
Izvekov S.S. - Developing Taxation Matters of Cross-Border Bankruptcy Within the Territory of the BRICS Countries pp. 6-12

DOI:
10.7256/2454-065X.2016.1.67360

Abstract: The present article is devoted to the taxation matters arising in the process of cross-border bankruptcy as well as ways to harmonize legislation systems of the BRICS member-states for this purpose. In his research Izvekov defines the main problems related to the priority of fiscal requirements in the bankruptcy legislation of the BRICS countries, analyzes whether a state may participate in the case of bankruptcy while in the territory of another contracting state and offers relevant solutions. The researcher outlines the theoretical grounds for the influence of fiscal requirements of the state at the extraterritorial level. The research is based on the comparative analysis of international practices of trans-border bankruptcies, national bankruptcy legislation and issues of insolvency of the BRICS countries. The author also describes conceptual contradictions in the priority of creditors' claims in some BRICS countries. Izvekov demonstrates how the main results of the research can be applied to the BRICS commonwealth and suggest that government authorities should be able to participate in the proceedings initiated in the territory of other BRICS countries. It is assumed that the present research article can be of interest not only for those who are interested in trans-border bankruptcy but also for those who are concerned about general issues of comparative legal studies and international jurisdiction. 
Keywords: equality of rights, sanation (reorganization), cross-border insolvency, cross-border bankruptcy, lex fori concursus, tax issues, tax matters, settlement, competition of international claims, conflict of international claims, reciprocity principle
LEGAL REGULATION OF TAX RELATIONS
Trunova L.G. - Application of the Investment Tax Credit for Developing the Innovation Sphere of Housing and Public Utilities

DOI:
10.7256/2454-065X.2016.1.16054

Abstract: The subject of the research is the investment tax credit (INC) to optimize the innovation processes in the housing and public utilities sector. The object of the research is the development of innovative activity of housing and public utilities in the Russian Federation. There are many problems that hinder the development of this sphere: the poor quality of housing and public utilities, deterioration of the material and technical base, low productivity, and others. So the reform of housing and public utlities is the key issue of the state socio-economic policy. The purpose of this work is to explore the possibility of using INC as the main financial instrument for solving investment and innovation problems of organizations in the housing sector. The author of the article discusses in detail the key parameters of the tax incentives for the development of innovation and investment in the housing sector. The author describes the scheme of assessment of investment tax credit for the realization of innovative activity by the housing and public utilities organizations, this scheme allowing to define the size of tax benefits taking into account possible threats of insolvency (bankruptcy) of the organizations in the sphere of housing and public utilities. As the result of the research the author comes to the conclusion that the rescheduling of the use of tax obligations in the form of deferred payment or installment plan helps to restore the financial situation in the sphere of utilities and creates the conditions to grant the INC for implemented innovations. Thus, the INC is targeted and contributes to the transformation of innovative processes that reach the current level of economic and social development and to achieve maximum efficiency of the housing sector.
Keywords: taxes, investment tax credits, tax exemptions, tax deferrals, installment payments, housing and communal services, investment and innovative activity, financial investment tools, bankruptcy, innovation
Nikityuk L.G. - Application of the Investment Tax Credit for Developing the Innovation Sphere of Housing and Public Utilities pp. 13-19

DOI:
10.7256/2454-065X.2016.1.67361

Abstract: The subject of the research is the investment tax credit (INC) to optimize the innovation processes in the housing and public utilities sector. The object of the research is the development of innovative activity of housing and public utilities in the Russian Federation. There are many problems that hinder the development of this sphere: the poor quality of housing and public utilities, deterioration of the material and technical base, low productivity, and others. So the reform of housing and public utlities is the key issue of the state socio-economic policy. The purpose of this work is to explore the possibility of using INC as the main financial instrument for solving investment and innovation problems of organizations in the housing sector. The author of the article discusses in detail the key parameters of the tax incentives for the development of innovation and investment in the housing sector. The author describes the scheme of assessment of investment tax credit for the realization of innovative activity by the housing and public utilities organizations, this scheme allowing to define the size of tax benefits taking into account possible threats of insolvency (bankruptcy) of the organizations in the sphere of housing and public utilities. As the result of the research the author comes to the conclusion that the rescheduling of the use of tax obligations in the form of deferred payment or installment plan helps to restore the financial situation in the sphere of utilities and creates the conditions to grant the INC for implemented innovations. Thus, the INC is targeted and contributes to the transformation of innovative processes that reach the current level of economic and social development and to achieve maximum efficiency of the housing sector.
Keywords: financial investment tools, investment tax credits, tax exemptions, tax deferrals, installment payments, housing and public utilities, taxes, investment and innovative activity, bankruptcy, innovation
Chaykovskaya L.A., Yakushev A.Z. - Tax Regulation as a Tool for Strategic Management of the Development of Innovative Economic Sector

DOI:
10.7256/2454-065X.2016.1.17431

Abstract: The subject of the research is the analysis of modern methods and tools of state tax regulation applied to the innovative sector of the Russian economy as well as making suggestions on how to improve those based on the results of the analysis. The authors of the article have analyzed particular measures aimed at creating conditions for sustainable development of the innovative economic sector by the means of tax regulation within the framework of the state innovation strategy and innovation policy acting as the link between science and goals of industrial production, tax rebates, preferences and credit for innovation enterprises. The methodological basis of the research includes works of Russian scientists, legislative acts, laws and regulations of state authorities and federal laws. In the course of their research the authors have used the method of logical analysis, synthesis and planning. The novelty of the research is caused by the fact that the authors prove the need for improving the current tax regulation of the innovative economic sector and to develop recommendations on how to improve it. The authors of the article also emphasize the need to exclude redundant measures and activities aimed at improving tax regulation of the Russian innovation sector and to develop new measures in order to create conditions for increasing the investment attractivenes of innovations. At the end of the article the authors conclude that it will be impossible to move towards innovation-based development without efficient state innovation activity through developing and implementing the most successful methods and instruments including suggestions on how to improve regulation of the Russian innovative sector and increase innovation activity of Russian enterprises as well as the good image and security of innovation activity. 
Chaykovskaya L.A., Yakushev A.Zh. - Tax Regulation as a Tool for Strategic Management of the Development of Innovative Economic Sector pp. 20-27

DOI:
10.7256/2454-065X.2016.1.67362

Abstract: The subject of the research is the analysis of modern methods and tools of state tax regulation applied to the innovative sector of the Russian economy as well as making suggestions on how to improve those based on the results of the analysis. The authors of the article have analyzed particular measures aimed at creating conditions for sustainable development of the innovative economic sector by the means of tax regulation within the framework of the state innovation strategy and innovation policy acting as the link between science and goals of industrial production, tax rebates, preferences and credit for innovation enterprises. The methodological basis of the research includes works of Russian scientists, legislative acts, laws and regulations of state authorities and federal laws. In the course of their research the authors have used the method of logical analysis, synthesis and planning. The novelty of the research is caused by the fact that the authors prove the need for improving the current tax regulation of the innovative economic sector and to develop recommendations on how to improve it. The authors of the article also emphasize the need to exclude redundant measures and activities aimed at improving tax regulation of the Russian innovation sector and to develop new measures in order to create conditions for increasing the investment attractivenes of innovations. At the end of the article the authors conclude that it will be impossible to move towards innovation-based development without efficient state innovation activity through developing and implementing the most successful methods and instruments including suggestions on how to improve regulation of the Russian innovative sector and increase innovation activity of Russian enterprises as well as the good image and security of innovation activity. 
Keywords: tax regulation, innovations, innovative economic sector, tax rebates, tax preferences, tax credit, tax incentive, tax disincentive, strategic management, intellectual deliverables
TAXATION OF PHYSICAL PERSONS
Kormishkina L.A., Koroleva L.P. - Taxation of Wealth: Insight into Neo-Industrial Development and Inclusive Economic Growth

DOI:
10.7256/2454-065X.2016.1.17326

Abstract: The authors of the article describe the basic trends in transformation of taxation of wealth in Russia from the point of view of neo-industrial economic paradigm and inclusive economic growth. The authors describe compliance of the principles of neoindustrialization with the provisions of the concept of inclusive growth, their complementary nature in solving the problems associated with the transition from raw materials export model of GDP growth towards a comprehensive (inclusive) sustainable economic development. It is proposed to extend the definitions of the object of taxation of property in Russia and luxury category to the category of wealth. In order to harmonize tax systems, the wealth tax is defined according to the Classification of Property Taxes fixed by the Guidelines on Government Finance Statistics of the IMF for the developed countries in 2014. The comparative analysis of the wealth tax contribution to GDP and tax revenues in the 8 OECD countries and Russia allows to prove the fact that the regulative potential of the wealth tax is not fully used in the Russian economy. By analyzing the hierarchy of taxes depending on their degree of compatibility with economic growth the authors emphasize the importance of the wealth tax not only as a device to limit wealth inequality and encourage a better use of major assets but also as a counterbalance to the possible negative consequences of tax incentives of neo-industrial development. In the short term, the authors suggest that we should return to the estate tax and gift tax, and in the long term (when building an adequate system of international administration) it will be better to use the net wealth tax. 
Kormishkina L.A., Koroleva L.P. - Taxation of Wealth: Insight into Neo-Industrial Development and Inclusive Economic Growth pp. 28-43

DOI:
10.7256/2454-065X.2016.1.67363

Abstract: The authors of the article describe the basic trends in transformation of taxation of wealth in Russia from the point of view of neo-industrial economic paradigm and inclusive economic growth. The authors describe compliance of the principles of neoindustrialization with the provisions of the concept of inclusive growth, their complementary nature in solving the problems associated with the transition from raw materials export model of GDP growth towards a comprehensive (inclusive) sustainable economic development. It is proposed to extend the definitions of the object of taxation of property in Russia and luxury category to the category of wealth. In order to harmonize tax systems, the wealth tax is defined according to the Classification of Property Taxes fixed by the Guidelines on Government Finance Statistics of the IMF for the developed countries in 2014. The comparative analysis of the wealth tax contribution to GDP and tax revenues in the 8 OECD countries and Russia allows to prove the fact that the regulative potential of the wealth tax is not fully used in the Russian economy. By analyzing the hierarchy of taxes depending on their degree of compatibility with economic growth the authors emphasize the importance of the wealth tax not only as a device to limit wealth inequality and encourage a better use of major assets but also as a counterbalance to the possible negative consequences of tax incentives of neo-industrial development. In the short term, the authors suggest that we should return to the estate tax and gift tax, and in the long term (when building an adequate system of international administration) it will be better to use the net wealth tax. 
Keywords: neo-industrial paradigm, gift tax, estate tax, Gini coefficient, cross-country analysis, inequality, inclusive economic growth, taxation of wealth, luxury, net wealth
Tax administration
Nosov A.V., Novichkova O.V., Boryaeva T.F. - Tax Incentives for Investment Activity in the Agricultural Sector of the Penza Region

DOI:
10.7256/2454-065X.2016.1.15811

Abstract: The subject of the research is the economic relations and functioning mechanism of tax tools in the agricultural sector. The object of the research is the taxation system in the agricultural sector of the Penza Region. Taxation system plays a very important role in the development of all sectors of national economy including agriculture. Special emphasis is made on the possibility of application of tax instruments for supporting innovative investment activity of enterprises. The authors have analyzed the structure of the taxes payable in the region as well as the share of tax payments made by agricultural organizations into the budget of the Penza region and tax payment completeness. The authors have also calculated the tax burden based on several methods which allows to evaluate the level of the tax burden of agricultural organizations. The authors examine such aspects of the topic as improving tax legislation, in particular, creation of the system of tax preferences encouraging formation and rational implementation of external sources of finances of investment and innovation activities by organizations. In the course of their research the authors have used the abstract-logic, monographic, statistical-economic, graphical, mathematical and other methods of economic research. They have defined the value of such tax tool as returnable tax financing. According to the authors, on the one hand, implementation of returnable tax financing will be an additional tax rebate for an investor, and on the other hand, it will contribute to the development of the infrastructure of rural areas which will, in its turn, encourage a successful implementation of federal target programs. 
Keywords: tax system, investment activity, structure of taxes, tax burden, tax tools, tax preferences, investment project, returnable tax financing, tax compensation, target program
Nosov A.V., Novichkova O.V., Boryaeva T.F. - Tax Incentives for Investment Activity in the Agricultural Sector of the Penza Region pp. 44-59

DOI:
10.7256/2454-065X.2016.1.67364

Abstract: The subject of the research is the economic relations and functioning mechanism of tax tools in the agricultural sector. The object of the research is the taxation system in the agricultural sector of the Penza Region. Taxation system plays a very important role in the development of all sectors of national economy including agriculture. Special emphasis is made on the possibility of application of tax instruments for supporting innovative investment activity of enterprises. The authors have analyzed the structure of the taxes payable in the region as well as the share of tax payments made by agricultural organizations into the budget of the Penza region and tax payment completeness. The authors have also calculated the tax burden based on several methods which allows to evaluate the level of the tax burden of agricultural organizations. The authors examine such aspects of the topic as improving tax legislation, in particular, creation of the system of tax preferences encouraging formation and rational implementation of external sources of finances of investment and innovation activities by organizations. In the course of their research the authors have used the abstract-logic, monographic, statistical-economic, graphical, mathematical and other methods of economic research. They have defined the value of such tax tool as returnable tax financing. According to the authors, on the one hand, implementation of returnable tax financing will be an additional tax rebate for an investor, and on the other hand, it will contribute to the development of the infrastructure of rural areas which will, in its turn, encourage a successful implementation of federal target programs. 
Keywords: returnable tax financing, investment project, tax preferences, tax tools, tax burden, structure of taxes, investment activity, tax system, tax compensation, target program
TOPIC: PERSPECTIVES AND NEW WAYS OF DEVELOPMENT OF TAX LEGISLATION
Shalyaeva O.S. - Taxation Based on the Patent: Creating Conditions for Getting Entrepreneurs Interested in Application of the Patent System

DOI:
10.7256/2454-065X.2016.1.16132

Abstract: The subject of the present research is the patent system of taxation of small business entities in the Russian Federation. Small business entities have been granted the right to apply special tax regimes with a lower tax burden compared to the general taxation system. At the same time, not all the special tax regimes are popular with individual enterpreneurs, this is also true for the patent system of taxation. The author of the present article analyzes pluses and minuses of the patent system of taxation and offers measures to popularize this system of taxation. The methodology of the present research is based on statistical data of tax accounts. Based on those, the author has analyzed how the patent sytem of taxation is being used in the Russian Federation constituents in relation to different activities. The researcher offers to apply the system approach to protecting rights and legitimate interests of small business entities through making necessary amendments in the sphere of regulation of tax relations. According to the author, this will allow to make individual enterpreneurs more interested in applying the patent system of taxation as well as to increase local tax revenues. 
Keywords: tax code, small businesses, special tax regimes, the patent system of taxation, budget, the benefits of the patent system, deficiencies of the patent system, local budget, kind activities, conditions of use
Shalyaeva O.S. - Taxation Based on the Patent: Creating Conditions for Getting Entrepreneurs Interested in Application of the Patent System pp. 60-63

DOI:
10.7256/2454-065X.2016.1.67365

Abstract: The subject of the present research is the patent system of taxation of small business entities in the Russian Federation. Small business entities have been granted the right to apply special tax regimes with a lower tax burden compared to the general taxation system. At the same time, not all the special tax regimes are popular with individual enterpreneurs, this is also true for the patent system of taxation. The author of the present article analyzes pluses and minuses of the patent system of taxation and offers measures to popularize this system of taxation. The methodology of the present research is based on statistical data of tax accounts. Based on those, the author has analyzed how the patent sytem of taxation is being used in the Russian Federation constituents in relation to different activities. The researcher offers to apply the system approach to protecting rights and legitimate interests of small business entities through making necessary amendments in the sphere of regulation of tax relations. According to the author, this will allow to make individual enterpreneurs more interested in applying the patent system of taxation as well as to increase local tax revenues. 
Keywords: local budget, deficiencies of the patent system, benefits of the patent system, budget, patent system of taxation, special tax regimes, small business entities, tax code, activities, conditions of practical application
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