DOI: 10.7256/2454-065X.2016.5.17958

Abstract: The subject of the research is the problems arising in the process of application of tax and levy legislation and competition laws. Particular usses related to the topic of the research are sometimes viewed by researchers who analyze the process of regulation of legal relations in case of bankruptcy. However, there is a lack of comprehensive researches on particular issues of fulfiment of obligations to pay VAT in case of bankruptcy. The author of the present research article examine such aspects of the topic as the development of the legal concept of tax responsibilities of an insolvent taxpayer, tax effects of the decision to sell property and/or property rights of an insolvent taxpayer by single lot, debtor's assets, to replace debtor's assets and seize an insolvent taxpayer's property by a mortgagee. Special attention is paid to the classification of legal approaches developed as a result of changes in the legislation and explanations of supreme judicial authorities. The research is based on the methods of historical and comparative legal studies. The researcher describes contradictions in the legislation and judicial practice regarding fulfilment of obligations to pay value-added tax in case of taxpayer's bankruptcy. Legal views are calssified depending on the periods of applicability of different versions of the Tax Code. The author also uses the methods of legal modeling when analyzing obligations to pay VAT when property has been sold as a property complex or by single lot as well as when a debtor's assets have been replaced. The researcher offers theoretical and practical recommendations on solving the issues arising in the process of application of tax laws and bankruptcy laws. The researcher also makes an attempt to systematize different interpretations of laws and fill in the gaps in legal regulation. As a result of his detailed analysis of tax obligations to pay VAT, the author defines positive and negative factors of selling the bunkrupt's property by one lot, debtor's enterprises or assets, replacement of debtor's assets and seizure of an insolvent taxpayer's property by a mortgagee. As a result, the author offers mechanisms of minimization of losses for taxpayers in case of bankruptcy and relevant tax control activities conducted in relation to both debtors and their counterparts. The author makes recommendations in improving the provisions about justified tax benefits through making amendments in the tax and bankruptcy laws. In particular, the author offers to make certain conditions that would support the fiscal interest of the governnent. Peculiar conclusions have been made regarding autonomous legal standing of creditors' association whose decisions often result in tax consequences for the taxpayer in debt or his counterparts.  

Keywords: bankruptcy, replacement of debtor's assets, unjustified tax benefit, obligatory payment, seniority in fulfilment of obligations, insolvency, VAT reinstatment, VAT refund, VAT (value-added tax), tax issues

DOI: 10.7256/2454-065X.2016.5.67737

Abstract: The subject of the research is the problems arising in the process of application of tax and levy legislation and competition laws. Particular usses related to the topic of the research are sometimes viewed by researchers who analyze the process of regulation of legal relations in case of bankruptcy. However, there is a lack of comprehensive researches on particular issues of fulfiment of obligations to pay VAT in case of bankruptcy. The author of the present research article examine such aspects of the topic as the development of the legal concept of tax responsibilities of an insolvent taxpayer, tax effects of the decision to sell property and/or property rights of an insolvent taxpayer by single lot, debtor's assets, to replace debtor's assets and seize an insolvent taxpayer's property by a mortgagee. Special attention is paid to the classification of legal approaches developed as a result of changes in the legislation and explanations of supreme judicial authorities. The research is based on the methods of historical and comparative legal studies. The researcher describes contradictions in the legislation and judicial practice regarding fulfilment of obligations to pay value-added tax in case of taxpayer's bankruptcy. Legal views are calssified depending on the periods of applicability of different versions of the Tax Code. The author also uses the methods of legal modeling when analyzing obligations to pay VAT when property has been sold as a property complex or by single lot as well as when a debtor's assets have been replaced. The researcher offers theoretical and practical recommendations on solving the issues arising in the process of application of tax laws and bankruptcy laws. The researcher also makes an attempt to systematize different interpretations of laws and fill in the gaps in legal regulation. As a result of his detailed analysis of tax obligations to pay VAT, the author defines positive and negative factors of selling the bunkrupt's property by one lot, debtor's enterprises or assets, replacement of debtor's assets and seizure of an insolvent taxpayer's property by a mortgagee. As a result, the author offers mechanisms of minimization of losses for taxpayers in case of bankruptcy and relevant tax control activities conducted in relation to both debtors and their counterparts. The author makes recommendations in improving the provisions about justified tax benefits through making amendments in the tax and bankruptcy laws. In particular, the author offers to make certain conditions that would support the fiscal interest of the governnent. Peculiar conclusions have been made regarding autonomous legal standing of creditors' association whose decisions often result in tax consequences for the taxpayer in debt or his counterparts.  

Keywords: bankruptcy, unjustified tax benefit, obligatory payment, seniority in fulfilment of obligations, insolvency, VAT reinstatment, VAT refund, VAT (value-added tax), tax issues

DOI: 10.7256/2454-065X.2016.5.16994

Abstract: Russia's experience in implementing tax conslidation rules, in particular, creation of the institution of taxpayers' consoidation groups in 2012 allows to start summarzing the results of their activity for the three-year period. In addition to the analysis of the results, positive and negative effects for both conslidation groups and budget system of Russia, the author of the research article also defines a number of specific issues that haven't been solved so far. These issues include the lack of a clearly defined share of taxable profit rates that can be used by participants of the conslidation group under the law of the Russian Federation. In her research Kondrashova has used the following research methods: comparative analysis and synthesis, deducation and induction and historical restrospect. The results of the analysis demonstrate that conslidation groups of taxpayers include entities conducting all kinds of activities and located/having  separate subdivisions in various constituents of the Russian Federation. The author analyzes cases when participants of conslidation groups have the right to reduce the profit tax rate under the law of the Russian Federation. According to the author, it is possible to make a positive decision about application of reduced tax rates after eliminating uncertanties in interpreting regional laws. These uncertainties have been defined by the author in the course of analysis of the regional legislation.        

Keywords: share of taxable income, tax base, regional budget, regular participant, responsible participant, taxpayer, right to tax rate, reduced tax rate, income tax, consolidation group of taxpayeres

DOI: 10.7256/2454-065X.2016.5.67738

Abstract: Russia's experience in implementing tax conslidation rules, in particular, creation of the institution of taxpayers' consoidation groups in 2012 allows to start summarzing the results of their activity for the three-year period. In addition to the analysis of the results, positive and negative effects for both conslidation groups and budget system of Russia, the author of the research article also defines a number of specific issues that haven't been solved so far. These issues include the lack of a clearly defined share of taxable profit rates that can be used by participants of the conslidation group under the law of the Russian Federation. In her research Kondrashova has used the following research methods: comparative analysis and synthesis, deducation and induction and historical restrospect. The results of the analysis demonstrate that conslidation groups of taxpayers include entities conducting all kinds of activities and located/having  separate subdivisions in various constituents of the Russian Federation. The author analyzes cases when participants of conslidation groups have the right to reduce the profit tax rate under the law of the Russian Federation. According to the author, it is possible to make a positive decision about application of reduced tax rates after eliminating uncertanties in interpreting regional laws. These uncertainties have been defined by the author in the course of analysis of the regional legislation.        

Keywords: share of taxable income, tax base, regional budget, regular participant, responsible participant, taxpayer, right to tax rate, reduced tax rate, income tax, consolidation group of taxpayeres

DOI: 10.7256/2454-065X.2016.5.17291

Abstract: The subject of the research is the scheme of charting tax on personal income and income differences among population of the country. The object of the research is the personal income tax. The authors of the article focus on such aspects as the value of personal income tax for the budget of the Russian Federation and scheme for calculating personal income tax. They also underline the fact that the existing progressive scale for different types of profits does not improve the social inequality which creates social tension among population of the country. Special attention is paid to income differences. The theoretical and methodological basis of the research consists of provisions of theoretical economics, taxation theory and methods of personal income taxation. In the process of their research the authors have used such research methods as statistical observation, analysis and synthesis, comparison and generalization. The main conclusion of the research is that for the present moment it would be a fair assumption to say that Russia is at risk regarding the level of income differences in the country and the main problem of personal income taxation is the low efficiency of regulating the income ineuquality. According to the authors, implementation of the progressive personal income tax rates would significantly lower income differences. Progressive taxation would contribute to increased support of low-income citizens by increasing the tax burden on people with high incomes, thereby to reduce inequality of income distribution in the country. The general idea proposed by the authors is that implementation of the progressive taxation scale will allow to develop a fairer personal income taxation system in Russia.    

Keywords: social inequality, tax, profit, Gini coefficient, income differences, decile coefficient, personal income, tax rate, income tax, progressive taxation

DOI: 10.7256/2454-065X.2016.5.67739

Abstract: The subject of the research is the scheme of charting tax on personal income and income differences among population of the country. The object of the research is the personal income tax. The authors of the article focus on such aspects as the value of personal income tax for the budget of the Russian Federation and scheme for calculating personal income tax. They also underline the fact that the existing progressive scale for different types of profits does not improve the social inequality which creates social tension among population of the country. Special attention is paid to income differences. The theoretical and methodological basis of the research consists of provisions of theoretical economics, taxation theory and methods of personal income taxation. In the process of their research the authors have used such research methods as statistical observation, analysis and synthesis, comparison and generalization. The main conclusion of the research is that for the present moment it would be a fair assumption to say that Russia is at risk regarding the level of income differences in the country and the main problem of personal income taxation is the low efficiency of regulating the income ineuquality. According to the authors, implementation of the progressive personal income tax rates would significantly lower income differences. Progressive taxation would contribute to increased support of low-income citizens by increasing the tax burden on people with high incomes, thereby to reduce inequality of income distribution in the country. The general idea proposed by the authors is that implementation of the progressive taxation scale will allow to develop a fairer personal income taxation system in Russia.    

Keywords: social inequality, tax, profit, Gini coefficient, income differences, decile coefficient, personal income, tax rate, income tax, progressive taxation

DOI: 10.7256/2454-065X.2016.5.17458

Abstract: The object of the study is the tax effects of bank loyalty programs (bonus programs) implemented by banks in order to improve the image and promote products through providing customers with additional proprietary benefits (discounts, bonus points, «cashback» and so on.) under pre-agreed terms and conditions, for example, at a fixed amount of debit transactions by credit card or by maintaining certain cash balance in the bank account. The author examines such topics as taxation on personal income property benefits transferred from the program owner to consumers and specific procedure for calculating the tax base for profits of bank as owners of loyalty programs. The researcher has analyzed the relevant arbitrage practice as well as written explanations of public authorities (Ministry of Finance of Russia and Federal Tax Service of Russia). The theoretical and practical significance of the study is caused by the fact that the author has summarized existing views on the income taxation of proprietary benefits (including «cashback») received by individuals - clients of the bank under the loyalty program as well as developed evaluation and accounting procedures for the purposes of imposing tax on bank profits under the loyalty program.  

Keywords: profit tax, personal income tax, taxation, cashback, discounts, shares, bonuses, loyalty programs, retail business establishments, banks

DOI: 10.7256/2454-065X.2016.5.67740

Abstract: The object of the study is the tax effects of bank loyalty programs (bonus programs) implemented by banks in order to improve the image and promote products through providing customers with additional proprietary benefits (discounts, bonus points, «cashback» and so on.) under pre-agreed terms and conditions, for example, at a fixed amount of debit transactions by credit card or by maintaining certain cash balance in the bank account. The author examines such topics as taxation on personal income property benefits transferred from the program owner to consumers and specific procedure for calculating the tax base for profits of bank as owners of loyalty programs. The researcher has analyzed the relevant arbitrage practice as well as written explanations of public authorities (Ministry of Finance of Russia and Federal Tax Service of Russia). The theoretical and practical significance of the study is caused by the fact that the author has summarized existing views on the income taxation of proprietary benefits (including «cashback») received by individuals - clients of the bank under the loyalty program as well as developed evaluation and accounting procedures for the purposes of imposing tax on bank profits under the loyalty program.  

Keywords: profit tax, personal income tax, taxation, cashback, discounts, shares, bonuses, loyalty programs, retail business establishments, banks

DOI: 10.7256/2454-065X.2016.5.17760

Abstract: Modern financial and economic situation in the country indicates that the prospects for further reductions in tax revenues and, consequently, budget revenues are becoming more real. Under these circumstances tax risks, risk factors and risk minimization should be the priorities. The author of the article examines tax risks from the perspective of the state, i.e. as potential financial losses due to the shortfall in tax revenues into the budgets of the respective levels of the budget system. The author of the article emphazises the need to monitor tax risks when planning tax revenues and to manage these tax risks in order to minimize their impact.  The researcher has also analyzed control activities conducted by the tax authorities of the Republic of Mordovia, in particular, efficiency of field tax audits, and investigated the most common options and schemes of tax evasion that increase tax risks. The author offers her own method for detecting, identifying and minimizing the negative impact of risks on the level of tax revenues into the budgetary system of the country. The author's method consists of the following four successive stages: 1) identification of tax risks; 2) assessment of tax risks; 3) making management decisions; 4) monitoring the implementation of management decisions.    

Keywords: risk, tax, tax inspection, tax abuse, additional charge, identification, risk assessment, risk factors, risk minimization, risk management

DOI: 10.7256/2454-065X.2016.5.67741

Abstract: Modern financial and economic situation in the country indicates that the prospects for further reductions in tax revenues and, consequently, budget revenues are becoming more real. Under these circumstances tax risks, risk factors and risk minimization should be the priorities. The author of the article examines tax risks from the perspective of the state, i.e. as potential financial losses due to the shortfall in tax revenues into the budgets of the respective levels of the budget system. The author of the article emphazises the need to monitor tax risks when planning tax revenues and to manage these tax risks in order to minimize their impact.  The researcher has also analyzed control activities conducted by the tax authorities of the Republic of Mordovia, in particular, efficiency of field tax audits, and investigated the most common options and schemes of tax evasion that increase tax risks. The author offers her own method for detecting, identifying and minimizing the negative impact of risks on the level of tax revenues into the budgetary system of the country. The author's method consists of the following four successive stages: 1) identification of tax risks; 2) assessment of tax risks; 3) making management decisions; 4) monitoring the implementation of management decisions.    

Keywords: risk, tax, tax inspection, tax abuse, additional charge, identification, risk assessment, risk factors, risk minimization, risk management

DOI: 10.7256/2454-065X.2016.5.17800

Abstract: In this article Yeremenko examines the organic relationship between the categories of equity and efficiency arising from a corresponding relationship of ethics and economics. According to the author, the relationship between ethics and economics should be thoroughly studied from the economical and philosophical points of view. The purpose of the article is to show the organic relationship between the categories of equity and efficiency arising from a corresponding relationship of ethics and economics. The author of the article tries to demonstrate the withdrawal from the ethical grounds of economics towards mathematical analysis did not lead to the desired outcome. This is proved by the fact that mainstream economics is unable to predict economic crises, on the contrary, it is the period of crisis when economics produce new movements relating economic problems to their ethical grounds. In the course of writing this research the author has used methodology of scientific theoretical analysis as well as systems approach. Based on the theoretical material, the author of the study examines the hypothesis that equitable tax system is economically effective. Examples considered by the author confirm this hypothesis, however, the problem is that the efficiency of equitable taxation is achieved in the long term, this creates certain difficulties in the process of assessing it. On the basis of the conducted research, the author developed a doctrinal definition of equity in taxation. 

Keywords: equitable taxation, equity in taxation, concept of equity, equitable taxation system, ethics and economics, tax efficiency, tax equity, taxation, efficiency, equity

DOI: 10.7256/2454-065X.2016.5.67742

Abstract: In this article Yeremenko examines the organic relationship between the categories of equity and efficiency arising from a corresponding relationship of ethics and economics. According to the author, the relationship between ethics and economics should be thoroughly studied from the economical and philosophical points of view. The purpose of the article is to show the organic relationship between the categories of equity and efficiency arising from a corresponding relationship of ethics and economics. The author of the article tries to demonstrate the withdrawal from the ethical grounds of economics towards mathematical analysis did not lead to the desired outcome. This is proved by the fact that mainstream economics is unable to predict economic crises, on the contrary, it is the period of crisis when economics produce new movements relating economic problems to their ethical grounds. In the course of writing this research the author has used methodology of scientific theoretical analysis as well as systems approach. Based on the theoretical material, the author of the study examines the hypothesis that equitable tax system is economically effective. Examples considered by the author confirm this hypothesis, however, the problem is that the efficiency of equitable taxation is achieved in the long term, this creates certain difficulties in the process of assessing it. On the basis of the conducted research, the author developed a doctrinal definition of equity in taxation. 

Keywords: equitable taxation, equity in taxation, concept of equity, equitable taxation system, ethics and economics, tax efficiency, tax equity, taxation, efficiency, equity