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Taxes and Taxation
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MAIN PAGE > Journal "Taxes and Taxation" > Contents of Issue № 03/2020
Contents of Issue № 03/2020
Question at hand
Pankratova O.A. - To the question on the role of instruments of tax incentives for investments within the system of government support of business pp. 1-16

DOI:
10.7256/2454-065X.2020.3.32852

Abstract: The subject of this research is the statistical analysis of the efficiency of tax incentives, budgetary subsidization and lending for the purpose of increasing investment activity in the regional aspect. As well as development of the ways for increasing investments into the real of production of the Russian Federation in the nearest future. Special attention is given to assessment of the impact of tax incentives, subsidies and lending for investment activity. Using the two-factor combinatorial grouping, the author estimates the main effect from application of the methods affecting the growth of investments. The author develops and tests the method of calculating the impact of tax incentives in parallel with subsidies, as well as tax incentives in parallel with credits upon the volume of investments into the main capital. The conducted statistical analysis of application of the paramount tax instruments as the means for enhancing activity demonstrated that there is no universal tool that would allow achieving the desired results. Most effective instrument for stimulating investment activity is lending. This fact, alongside a fairly low effectiveness of tax incentives for investments, allowed substantiating the shift of focus tax incentivization: from amortization vector towards stimulation of lending. The proposed by the author options of lending incentives, as well as usage of investment tax credit, are aimed at ensuring economic growth, primarily in the real economic sector.
FEDERAL TAXES AND LEVIES COLLECTED FROM ORGANIZATIONS
Kirillova E.V. - Excise duties on alcohol and alcohol-containing products: fiscal importance, problems of taxation and ways for their solution pp. 17-33

DOI:
10.7256/2454-065X.2020.3.32657

Abstract: The subject of this research is the excise taxation of alcohol and alcohol-containing products. The author examines the fiscal role of excise alcohol and alcohol-containing products and carries out its assessment in the relative value. Special attention is given to the analysis of existing problems with regards to taxation of these products, as well as the measures aimed at improvement of taxation mechanism. The author notes that the key problems lie in misconduct of taxpayers due to application of illegal schemes and concealment of the actual production output, which leads to negative consequences in part of tax revenue. Having analyzed different views of the economists pertaining to the vectors of improvement of taxation mechanism, the author present the original conclusions and recommendations of the possible ways of addressing the problems. It is underlined that only the implementation of effective measures can help to active stable increase in tax revenue and decrease in the number of offences by participants of the market.
TAXATION OF PHYSICAL PERSONS
Kiryanova N.N. - Taxation of the income of arbitration administrator in form of expenses reimbursed in the bankruptcy procedure: problems of theory and practice pp. 34-43

DOI:
10.7256/2454-065X.2020.3.32940

Abstract: This article examines the problem of taxation of the income of arbitration administrator in form of expenses reimbursed in the bankruptcy procedure. The author analyzes the problem of outlining the definition of income in tax law, considering the established law enforcement practice on the topic, as well theoretical approaches towards definition of this concept. The need is substantiated for legislative consolidation of the term of economic profit for the purpose of adherence to the principle of certainty of taxation of the incomes of private entities and formation of the universal law enforcement practice in settlement of tax disputes. In the course of this research, the author used a number of formal-logical methods: analysis, synthesis, induction and deduction. Based on the conducted study, it is suggested to form a position at the legislative level, according to which the expenses reimbursed by arbitration administrator in the of bankruptcy procedure are not defined as income according to the norms of tax legislation. The article describes the possibility for optimization of tax administration, related to computation and discharge of taxes by arbitration administrators as the subjects of professional activity.
TAXATION OF NATURAL RESOURCE MANAGEMENT
Yumaev M. - Taxation of natural resource extraction: problematic questions and digitalization of tax administration pp. 44-55

DOI:
10.7256/2454-065X.2020.3.32580

Abstract: The subject of this research is the theory and methodology of taxation of natural resource extraction, including raw hydrocarbon materials and solid minerals, approaches towards allocation of tax burden between economic agents, development trends in taxation system of extraction of different types of minerals. Special attention is given to the questions of improvement of tax administration of extractive sector based on implementation of the new digital information technologies of transmitting data on the output of minerals and reform of the institution of declaration of tax. Research methodology includes: consideration of the principles of taxation system of natural resource extraction; determination of interconnection between the elements of this system and its disturbance; formulation of theoretical conclusions on the basis of studying the practice of taxation and tax administration. The scientific novelty consists in identification of vulnerability of taxation system of natural resource extraction from external factors, including world prices for mineral raw materials; substantiation of measures on neutralization of such dependence; proof of the need for harmonization of the key concepts of Taxation Code of the Russian Federation and legislation on the depth, and formation of the system of direct assessment of reasonableness and effectiveness of point-based and categorical incentives on extraction of natural resources. The article substantiates the vectors of reform of tax declaration system regarding the extraction of natural resources and determination of tax liabilities on the records of government reserve of natural resources. An algorithm is developed for organization of direct oil metering at the wells, using the modern digital technologies.  
Kashirina M.V. - Oil extraction and refining: problematic questions of taxation and administration pp. 56-66

DOI:
10.7256/2454-065X.2020.3.32588

Abstract: The subject of this research is the examination of relevant problems of taxation and administering the oil sector companies in the conditions of changes in oil prices. Special attention is given to the analysis of results of the conducted policy within the framework of tax maneuver with regards to hydrocarbons extraction activity. The goal consists in the analysis of the impact of changes in taxation legislation related to increase in the rates of excise duty for the refined petroleum and introduction of damping mechanism for oil refining companies, as well as improvement of taxation and administering of oil extraction companies. The conclusion is made that the implementation of damping mechanism allows to efficiently and seamlessly regulate the oil products prices even in the conditions of rapid drop in oil prices. In the conditions of drop in oil prices on the international markets, the Russian oil refining plants would reorient significant volume of exports toward domestic market. The taxation reform in oil sector would lead to increase in the refining throughput and output of high quality oil products. The author underlines the need of reducing the tax-exempt minimum in calculation of coefficient that characterized the dynamics of global oil prices, which leads to the increase of tax rates on oil.
TAX SYSTEMS OF THE FOREIGN STATES
Bratko T.D. - Verification of constitutionality of tax breaks: Russian and U.S. approaches pp. 67-78

DOI:
10.7256/2454-065X.2020.3.32849

Abstract:   Ensuring compliance with the generally accepted principles of law, protection of human and civil constitutional right and freedoms are attributed to a number of fundamental problems of the Russian and foreign law. Special place among them belongs to the problem of protection of constitutional rights of tax payers, particularly the contest of constitutionality of tax breaks. The essentially different approaches towards verification of constitutionality of tax breaks have established in the Russian Federation and the United States. Unlike the Supreme Court of the United States, the Constitutional Court of the Russian Federation refuses to verify the constitutionality of tax breaks based on compliances of the taxpayers, and thus in the author’s opinion, neglects the violation of constitutional norms. The goal of this article consists in examination of the problem of contest of constitutionality of tax breaks by the Russian taxpayers, and finding a possible way for its solution that would ensure compliance with the constitutional requirements in terms of tax incentivization. For achieving the set goal, the author resorts to comparative analysis of the practice of the Constitutional Court of the Russian Federation and the Supreme Court of the United States on the questions of verification of constitutionality of tax breaks. The author believes that the Supreme Court of the United States leans on the presumption of constitutionality of tax breaks, while the Constitutional Court of the Russian Federation – on the fiction of constitutionality of tax breaks. The conclusion is made in the need for implementation of the U.S. experience in the Russian Federation due to positive assessment of the developed by the Supreme Court of the United States algorithm of verification of constitutionality of tax breaks and presumption of constitutionality of tax breaks.  
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