DOI: 10.7256/2454-065X.2016.2.17978

Abstract: At the present time, the short-term state policy in the sphere of taxation is represented in the form of the main directions of tax policy for 2015 and the planning period of 2016 and 2017 (as approved by the Government of the Russian Federation on July 4, 2014). The main aim of the concept is to draw up the federal budget for the next financial period and the two-year planning period, moreover, the concept should be taken into account when drafting regional budgets and local budgets. However, such document does not have a regulatory character, but merely serves as the basis for the development of legislative initiatives and amendments to the Tax Code. In addition, the state concept is defined in other documents. In her article Shestakova has used the comparative and analytical research methods. The methodology of the research is based on the logical method used by the author of the article to analyze the state concept and policy in the sphere of small business as well as associated problems and disadvantages. The scientific novelty of the article is caused by the fact that the author studies the most important problem of the development of small business in the Russian Federation and analyzes the main issues and disadvantages of Russia's tax policy. According to the author, one of the main disadvantages of the concept is the contradiction in conceptual objectives of the tax policy, moreover, the main directions of the tax policy do not include previously stated conceptual issues such as Russia joining the 20 countries with the most favorable conditions for entrepreneurial activity by 2018. For entrepreneurs the concept of tax development should solve the high-priority business issues but the main directions of tax policy do not solve them.  

DOI: 10.7256/2454-065X.2016.2.67459

Abstract: At the present time, the short-term state policy in the sphere of taxation is represented in the form of the main directions of tax policy for 2015 and the planning period of 2016 and 2017 (as approved by the Government of the Russian Federation on July 4, 2014). The main aim of the concept is to draw up the federal budget for the next financial period and the two-year planning period, moreover, the concept should be taken into account when drafting regional budgets and local budgets. However, such document does not have a regulatory character, but merely serves as the basis for the development of legislative initiatives and amendments to the Tax Code. In addition, the state concept is defined in other documents. In her article Shestakova has used the comparative and analytical research methods. The methodology of the research is based on the logical method used by the author of the article to analyze the state concept and policy in the sphere of small business as well as associated problems and disadvantages. The scientific novelty of the article is caused by the fact that the author studies the most important problem of the development of small business in the Russian Federation and analyzes the main issues and disadvantages of Russia's tax policy. According to the author, one of the main disadvantages of the concept is the contradiction in conceptual objectives of the tax policy, moreover, the main directions of the tax policy do not include previously stated conceptual issues such as Russia joining the 20 countries with the most favorable conditions for entrepreneurial activity by 2018. For entrepreneurs the concept of tax development should solve the high-priority business issues but the main directions of tax policy do not solve them.  

Keywords: small business, tax development, tax policy, tax burden, concept of interests of the state, taxpayer, business development, interests of entrepreneurs, fiscal policy, GDP (gross domestic product)

DOI: 10.7256/2454-065X.2016.2.15355

Abstract: The article is devoted to the theory and practice of interpretation of international tax treaties on the example of the OECD Model Convention. The basic principles of interpretation of the Vienna Convention on the Law of Treaties, as well as their application in the jurisprudence of the various states are viewed. The author also investigates the applicability of the interpretative documents and supporting materials as suitable sources of the interpretation of tax treaties. A significant part of the article is devoted to the tax authorities and the provisions of the judgments of foreign countries, which represented a particular interpretation of the terms of tax treaties, as well as links to this interpretation, driven by the courts. The study begins with a review of the generally accepted principles of interpretation predusmtrennyh Vienna Convention on the Law of Treaties 1969. These principles are considered in relation to the basic rule determining the values of the terms of tax treaties concluded in Article 3 (2) of the OECD Model Convention and the bilateral tax treaties. In this context the author investigates the applicability of the Commentary to the Model Tax Convention as an acceptable source of interpretation. The theoretical conclusions are further reflected in court decisions, which are justified by reference to the sources of interpretation. Generalizing these principles and techniques of interpretation, the author cites many examples of court decisions in different countries in which these principles and methods have been reflected. The result of the study is the lack of consistency and inconsistency of the application of the above principles in the jurisprudence of different countries. The consequence of this is ineradicable conflicts qualification terms of tax agreements, which prevent the uniform application of the taxpayers, tax authorities and courts of different countries.

DOI: 10.7256/2454-065X.2016.2.67460

Abstract: The article is devoted to the theory and practice of interpretation of international tax treaties on the example of the OECD Model Convention. The basic principles of interpretation of the Vienna Convention on the Law of Treaties, as well as their application in the jurisprudence of the various states are viewed. The author also investigates the applicability of the interpretative documents and supporting materials as suitable sources of the interpretation of tax treaties. A significant part of the article is devoted to the tax authorities and the provisions of the judgments of foreign countries, which represented a particular interpretation of the terms of tax treaties, as well as links to this interpretation, driven by the courts. The study begins with a review of the generally accepted principles of interpretation predusmtrennyh Vienna Convention on the Law of Treaties 1969. These principles are considered in relation to the basic rule determining the values of the terms of tax treaties concluded in Article 3 (2) of the OECD Model Convention and the bilateral tax treaties. In this context the author investigates the applicability of the Commentary to the Model Tax Convention as an acceptable source of interpretation. The theoretical conclusions are further reflected in court decisions, which are justified by reference to the sources of interpretation. Generalizing these principles and techniques of interpretation, the author cites many examples of court decisions in different countries in which these principles and methods have been reflected. The result of the study is the lack of consistency and inconsistency of the application of the above principles in the jurisprudence of different countries. The consequence of this is ineradicable conflicts qualification terms of tax agreements, which prevent the uniform application of the taxpayers, tax authorities and courts of different countries.

Keywords: teleological interpretation, comments, context, purpose of the treaty, fair comment or interpretation, OECD, Model Convention, international tax treaty, interpretation, Vienna Convention

DOI: 10.7256/2454-065X.2016.2.17766

Abstract: The subject of the present research is the practically important problem of defining the scope of the international tax concept of the 'beneficial owner of income'. This problem is being viewed from the following two points at issue: 1) whether the concept of 'beneficial owner of income' covers only passive incomes (dividends, interests and royalties) or 'other incomes' unspecified by articles of tax traties or it is of general nature and therefore covers all incomes falling within tax treaties; 2) whether this concept applies to passive incomes only when articles of treaties explicitly provide for such a restrictive condition or also in cases when they do not clearly state that a foreign receiver of income has to be recognized as 'beneficial owner of income'. Solution of these issues has a high doctrinal and practical importance including that for the purposes of the proper application of Russia's tax treaties. For the present time effective versions of Clause 3 of Article 7 of the Tax Code of the Russian Federation and Clause 2 of Article 7 of the Tax Code of the Russian Federation that regulate the concept of 'beneficial owner of income' have obvious contradictions: Clause 3 of Article 7 of the Tax Code of the Russian Federation provides for a restricted approach and Clause 2 of Article 7 of the Tax Code of the Russian Federation offers a broadside approach to defining the scope of the concept of 'beneficial owner of income'. The need to eliminate the aforesaid contradiction, on top of everything else, prove that this is an important topic to be studied. The author fo the article conducts an in-depth research of different opinions of foreign and Russian scientists on the matter. In the course of the research the author has used general research methods such as generalization, induction, deduction, systems and logical analysis, as well as specific methods of legal research such as technical legal method, comparative law method and method of interpreting legal provisions. As a result of the research, the author has developed the following provisions that have the scientific novelty: 1) In order to apply provisions of the Russian Federation tax treaties, a foreign company receiving passive income must have the status of 'beneficial owner of income' whatever Articles 10, 11 and 12 of the tax treaties state. Based on the analysis of the approaches of foreign and Russian researchers as well as legal precedents it would be reasonable to regard the concept of 'beneficial owner of income' to be 'implicit' in all treaties as provisions of these treaties must be interpreted according to the subject matter and objectives of tax treaties including prevention of 'treaty shopping'. With that in mind, provisions of Clause 1 of Article 11 'Interests' and clause 1 of Article 12 'Royalties' of the treaties between the Russian Federation, Cyprus and Luxemburg should be interpreted as implying the concept of 'beneficial owner of income' even though they do not explicitly state a restrictive condition of 'beneficial owner of income'. 2) However, the concept of 'beneficial owner of income' should not be applied to other incomes unless treaties explicitly state it as, for example, Article 21 of the Tax Convention between the Russian Federation and Great Britain provides for. 

DOI: 10.7256/2454-065X.2016.2.67461

Abstract: The subject of the present research is the practically important problem of defining the scope of the international tax concept of the 'beneficial owner of income'. This problem is being viewed from the following two points at issue: 1) whether the concept of 'beneficial owner of income' covers only passive incomes (dividends, interests and royalties) or 'other incomes' unspecified by articles of tax traties or it is of general nature and therefore covers all incomes falling within tax treaties; 2) whether this concept applies to passive incomes only when articles of treaties explicitly provide for such a restrictive condition or also in cases when they do not clearly state that a foreign receiver of income has to be recognized as 'beneficial owner of income'. Solution of these issues has a high doctrinal and practical importance including that for the purposes of the proper application of Russia's tax treaties. For the present time effective versions of Clause 3 of Article 7 of the Tax Code of the Russian Federation and Clause 2 of Article 7 of the Tax Code of the Russian Federation that regulate the concept of 'beneficial owner of income' have obvious contradictions: Clause 3 of Article 7 of the Tax Code of the Russian Federation provides for a restricted approach and Clause 2 of Article 7 of the Tax Code of the Russian Federation offers a broadside approach to defining the scope of the concept of 'beneficial owner of income'. The need to eliminate the aforesaid contradiction, on top of everything else, prove that this is an important topic to be studied. The author fo the article conducts an in-depth research of different opinions of foreign and Russian scientists on the matter. In the course of the research the author has used general research methods such as generalization, induction, deduction, systems and logical analysis, as well as specific methods of legal research such as technical legal method, comparative law method and method of interpreting legal provisions. As a result of the research, the author has developed the following provisions that have the scientific novelty: 1) In order to apply provisions of the Russian Federation tax treaties, a foreign company receiving passive income must have the status of 'beneficial owner of income' whatever Articles 10, 11 and 12 of the tax treaties state. Based on the analysis of the approaches of foreign and Russian researchers as well as legal precedents it would be reasonable to regard the concept of 'beneficial owner of income' to be 'implicit' in all treaties as provisions of these treaties must be interpreted according to the subject matter and objectives of tax treaties including prevention of 'treaty shopping'. With that in mind, provisions of Clause 1 of Article 11 'Interests' and clause 1 of Article 12 'Royalties' of the treaties between the Russian Federation, Cyprus and Luxemburg should be interpreted as implying the concept of 'beneficial owner of income' even though they do not explicitly state a restrictive condition of 'beneficial owner of income'. 2) However, the concept of 'beneficial owner of income' should not be applied to other incomes unless treaties explicitly state it as, for example, Article 21 of the Tax Convention between the Russian Federation and Great Britain provides for. 

Keywords: beneficial owner of income, double tax avoidance conventions, anti-avoidance tax concept, passive incomes, another incomes, paid to resident, OECD Commentaries, general anti-avoidance rules, implied concept, treaty shopping

DOI: 10.7256/2454-065X.2016.2.17660

Abstract: Importance. Nowadays in terms of the tax reforms which are carried out in our country, continuous harmonization of the taxation, and diversification of the tax income of local budgets, the problem of the property taxation of natural persons gains special relevance. Objective. The purpose of the article is to study the structure of individual property tax and to evaluate whether the fundamental principles, particularly the principle of tax equity, are fully applied to the process of tax calculation. To fulfill this purpose, the following tasks have been set and solved: evolution of the property taxation in the modern taxation system is tracked; the basic design of individual property tax is presented; elements formed at the local level are considered based on the example of the city of Vladivostok, assessment of changes of the tax burden on individual property tax upon transition to calculation of tax proceeding from the cadastral project cost is given. Methods. In the course of their research the authors have used general scientific methods of analysis and synthesis as well as elements of the systems approach, case study, some results are received through the application of the method of focus groups. Results. In this article the classical principles of taxation are applied to analyzing the structure of individual property tax. Modeling of the basic structure of the tax is made and basic elements are described and divided into the two groups (federal level and local level). Comparison of tax burden during five fiscal periods in the process of transition to the new principles of tax calculation is carried out. Assessment of growth of tax burden taking into account characteristics of the standard object of real estate is given. Conclusions and Relevance. The conclusion that the effective structure of individual property tax with the basic elements of tax makes it impossible to apply the principle of tax equity. When developing the structure of tax, it is necessary to carry out an in-depth study of the question, provide for the economic justification of the effect of tax for the budget and make sure the principle of social justice is fulfilled. 

DOI: 10.7256/2454-065X.2016.2.67462

Abstract: Importance. Nowadays in terms of the tax reforms which are carried out in our country, continuous harmonization of the taxation, and diversification of the tax income of local budgets, the problem of the property taxation of natural persons gains special relevance. Objective. The purpose of the article is to study the structure of individual property tax and to evaluate whether the fundamental principles, particularly the principle of tax equity, are fully applied to the process of tax calculation. To fulfill this purpose, the following tasks have been set and solved: evolution of the property taxation in the modern taxation system is tracked; the basic design of individual property tax is presented; elements formed at the local level are considered based on the example of the city of Vladivostok, assessment of changes of the tax burden on individual property tax upon transition to calculation of tax proceeding from the cadastral project cost is given. Methods. In the course of their research the authors have used general scientific methods of analysis and synthesis as well as elements of the systems approach, case study, some results are received through the application of the method of focus groups. Results. In this article the classical principles of taxation are applied to analyzing the structure of individual property tax. Modeling of the basic structure of the tax is made and basic elements are described and divided into the two groups (federal level and local level). Comparison of tax burden during five fiscal periods in the process of transition to the new principles of tax calculation is carried out. Assessment of growth of tax burden taking into account characteristics of the standard object of real estate is given. Conclusions and Relevance. The conclusion that the effective structure of individual property tax with the basic elements of tax makes it impossible to apply the principle of tax equity. When developing the structure of tax, it is necessary to carry out an in-depth study of the question, provide for the economic justification of the effect of tax for the budget and make sure the principle of social justice is fulfilled. 

Keywords: taxable base, taxpayer, tax burden, local taxes, principles of taxation, property tax, tax code, tax privileges, taxation, tax free

DOI: 10.7256/2454-065X.2016.2.17382

Abstract: The article deals with topical issues of corporate taxation of the oil sector in the fall of oil prices. Particular attention is paid to the analysis of the first results of the ongoing tax policy in the activities of production of hydrocarbons. The aim of the research is to study the effect of changes in tax legislation relating to the reduction in the rate of export customs duty on crude oil and an increase in the base rate of the severance tax on the activities of oil companies and the formation of federal budget revenues. To achieve the stated purpose the authors have used scientific methods of research (monitoring, generalization, comparison) and specific methods (symbolic modeling (histograms), preparing tables, statistical method). The article contains a number of conclusions. In particular, the article reveals the problem of the need to increase investment in oil production, which is exacerbated due to changes in the macroeconomic situation. The authors of the article also highlight the prospects of introducing a tax on the financial results, as well as the conclusion of the unavailability of Russian executive bodies for the introduction of this tax because of the high risks for the federal budget.

DOI: 10.7256/2454-065X.2016.2.67463

Abstract: The article deals with topical issues of corporate taxation of the oil sector in the fall of oil prices. Particular attention is paid to the analysis of the first results of the ongoing tax policy in the activities of production of hydrocarbons. The aim of the research is to study the effect of changes in tax legislation relating to the reduction in the rate of export customs duty on crude oil and an increase in the base rate of the severance tax on the activities of oil companies and the formation of federal budget revenues. To achieve the stated purpose the authors have used scientific methods of research (monitoring, generalization, comparison) and specific methods (symbolic modeling (histograms), preparing tables, statistical method). The article contains a number of conclusions. In particular, the article reveals the problem of the need to increase investment in oil production, which is exacerbated due to changes in the macroeconomic situation. The authors of the article also highlight the prospects of introducing a tax on the financial results, as well as the conclusion of the unavailability of Russian executive bodies for the introduction of this tax because of the high risks for the federal budget.

Keywords: taxation of the oil industry, changes in tax laws, tax maneuver, severance tax, export duties, financial results, oil price, investments, new hydrocarbon deposits, axation of natural resources

DOI: 10.7256/2454-065X.2016.2.17983

Abstract: This article takes a look at issues of taxation for the simplified taxation system. The subject of the research is the possibility of choosing the payment of value-added tax by entrepreneurs applying the simplified taxation system. Under existing legislation one of the barriers to the application of this tax regime is the accounting treatment of amounts of value added tax by taxpayers and their counteragents. The right choice of VAT payment will prevent loss of counteragents, as entrepreneurs using the simplified taxation system will be able to issue invoices to their counteragents. This is extremely important at the time of economic crises. The authors explore the role and the place of the simplified system of taxation in the budget system, advantages and disadvantages of this tax regime, changes in the terms of taxation from the point of view of their evolutionary aspect and offer improvements that allow counteragents working with enterpreneurs according to the simplified taxation system to partially apply VAT to deduction of tax and have the right to choose the method of VAT payment. The authors' recommendations to amend the VAT accounting procedure for small business representatives will promote partnerships between entrepreneurs and minimize budget losses arising in the process of the refund of value added tax. These issues are particularly relevant in the context of financial and economic instability when the questions of supporting small and medium-sized businesses become especially important.

DOI: 10.7256/2454-065X.2016.2.67464

Abstract: This article takes a look at issues of taxation for the simplified taxation system. The subject of the research is the possibility of choosing the payment of value-added tax by entrepreneurs applying the simplified taxation system. Under existing legislation one of the barriers to the application of this tax regime is the accounting treatment of amounts of value added tax by taxpayers and their counteragents. The right choice of VAT payment will prevent loss of counteragents, as entrepreneurs using the simplified taxation system will be able to issue invoices to their counteragents. This is extremely important at the time of economic crises. The authors explore the role and the place of the simplified system of taxation in the budget system, advantages and disadvantages of this tax regime, changes in the terms of taxation from the point of view of their evolutionary aspect and offer improvements that allow counteragents working with enterpreneurs according to the simplified taxation system to partially apply VAT to deduction of tax and have the right to choose the method of VAT payment. The authors' recommendations to amend the VAT accounting procedure for small business representatives will promote partnerships between entrepreneurs and minimize budget losses arising in the process of the refund of value added tax. These issues are particularly relevant in the context of financial and economic instability when the questions of supporting small and medium-sized businesses become especially important.

Keywords: simplified taxation system, deduction of taxes, VAT (value added tax), small-sized business, refund of value added tax, special tax regimes, invoice, tax incentives, medium-sized business, business

DOI: 10.7256/2454-065X.2016.2.17974

Abstract: The subject of the research is the tax revenues in the regions and districts of the Russian Federation as well as factors influencing these revenues. In their research Malkina and Balakin have described the following four factors of tax revenues: overall federal tax return factor, relative tax return factor for a region, economic growth factor and inflation factor for a region/district. The first factor demonstrates how tax revenues are influenced by changes in the tax policy of the federal center and tax administration of the country in general as well as structural changes in the country's economy which, in its turn, has an impact on the general tax level. The second factor indicates the change in the structure of the region's economy and direct influence of the regional tax policy on the region's tax revenues. The third factor reflects the influence of the region's economic growth on actual tax revenues. The fourth factor evalutes the influence of the inflation rate on final tax revenues of the region. The research is based on official statistical data provided by the Russian Federal State Statistics Service and Federal Tax Service for the period from 2006 to 2013. Based on the analysis of Russian and foreign literature, the authors have analyzed the main approaches to modelling tax systems and decomposing factors influencing the overall level and dynamics of tax revenues. The authors offer a four-factor multiplicative model of forming tax revenues. By using the logarithmic method of factor analysis, the authors have evaluated the influence of each factor on the dynamics of total tax revenues in regions and districts of the Russian Federation. The results of the analysis conducted on the basis of the multiplicative model allow to evaluate the influence of the overall federal tax return as well as the economic growth and inflation rate on tax revenues in the regions and districts of the Russian Federation over the 7-year period. The results of the research are the following: 1) The overall federal tax return factor has a relatively even influence on tax revenues in regions, however, it has had different directions and force in different years. 2) The relative tax return factor demonstrates a certain tendency in a few regions but mostly influenced by differently directed fluctuations. 3) The economic growth factor has had mostly a positive differentiated influence on tax revenues, this influence has been decreasing through years. 4) The inflaction factor has had a dominating increasing influence on the growth of tax revenues in regions and districts. The results of the research can be useful for evaluating the quality of the tax policy at the regional and federal levels. 

DOI: 10.7256/2454-065X.2016.2.67465

Abstract: The subject of the research is the tax revenues in the regions and districts of the Russian Federation as well as factors influencing these revenues. In their research Malkina and Balakin have described the following four factors of tax revenues: overall federal tax return factor, relative tax return factor for a region, economic growth factor and inflation factor for a region/district. The first factor demonstrates how tax revenues are influenced by changes in the tax policy of the federal center and tax administration of the country in general as well as structural changes in the country's economy which, in its turn, has an impact on the general tax level. The second factor indicates the change in the structure of the region's economy and direct influence of the regional tax policy on the region's tax revenues. The third factor reflects the influence of the region's economic growth on actual tax revenues. The fourth factor evalutes the influence of the inflation rate on final tax revenues of the region. The research is based on official statistical data provided by the Russian Federal State Statistics Service and Federal Tax Service for the period from 2006 to 2013. Based on the analysis of Russian and foreign literature, the authors have analyzed the main approaches to modelling tax systems and decomposing factors influencing the overall level and dynamics of tax revenues. The authors offer a four-factor multiplicative model of forming tax revenues. By using the logarithmic method of factor analysis, the authors have evaluated the influence of each factor on the dynamics of total tax revenues in regions and districts of the Russian Federation. The results of the analysis conducted on the basis of the multiplicative model allow to evaluate the influence of the overall federal tax return as well as the economic growth and inflation rate on tax revenues in the regions and districts of the Russian Federation over the 7-year period. The results of the research are the following: 1) The overall federal tax return factor has a relatively even influence on tax revenues in regions, however, it has had different directions and force in different years. 2) The relative tax return factor demonstrates a certain tendency in a few regions but mostly influenced by differently directed fluctuations. 3) The economic growth factor has had mostly a positive differentiated influence on tax revenues, this influence has been decreasing through years. 4) The inflaction factor has had a dominating increasing influence on the growth of tax revenues in regions and districts. The results of the research can be useful for evaluating the quality of the tax policy at the regional and federal levels. 

Keywords: relative tax return, factor analysis, logarithmic method, regions of the Russian Federation, economic growth, federal districts, tax revenues, real Gross Regional Product, inflation factor, tax return

DOI: 10.7256/2454-065X.2016.2.17940

Abstract: The subject of the present research is the tax policy and tax reforms conducted in the EU countries under the conditiosn of the ongoing economic crisis. The object of the research is the taxation sytems of the EU member states. The author of the research article analyzes tax incentives and priorities of the EU tax poilcy aimed at encouraging the economic growth of the region, overcoming the economic slowdown and solving the key objectives of the EU social and economic development. The researcher also views the role of tax policy solving social issues, encouraging investment development and preventing unfair tax competition. The research is based on the integrated approach to viewing issues of tax reforms in the EU countries including the systems comparative analysis and economic statistical analysis. The main conclusion made by the author is that at the present time the EU uses complex and varied measures to improve their tax policy, and these measures can be divided into the three major groups: reforms of the income taxation system, innovation incentives in all sectors of economy including small and medium-sized business, and preventive measures against tax avoidance as well as reinforcement of inter-country cooperation and collaboration in this sphere. 

DOI: 10.7256/2454-065X.2016.2.67466

Abstract: The subject of the present research is the tax policy and tax reforms conducted in the EU countries under the conditiosn of the ongoing economic crisis. The object of the research is the taxation sytems of the EU member states. The author of the research article analyzes tax incentives and priorities of the EU tax poilcy aimed at encouraging the economic growth of the region, overcoming the economic slowdown and solving the key objectives of the EU social and economic development. The researcher also views the role of tax policy solving social issues, encouraging investment development and preventing unfair tax competition. The research is based on the integrated approach to viewing issues of tax reforms in the EU countries including the systems comparative analysis and economic statistical analysis. The main conclusion made by the author is that at the present time the EU uses complex and varied measures to improve their tax policy, and these measures can be divided into the three major groups: reforms of the income taxation system, innovation incentives in all sectors of economy including small and medium-sized business, and preventive measures against tax avoidance as well as reinforcement of inter-country cooperation and collaboration in this sphere. 

Keywords: R&D tax incentives, innovation, tax incentives, tax regimes, tax initiative, social and economic policy, tax reforms, tax policy, taxation system, efficiency of tax incentives