DOI: 10.7256/2454-065X.2022.2.37729

Abstract: The article analyzes the subject, object and content of tax relations in the field of taxation of cross-border transactions, according to the results of the analysis, it is concluded that these relations have their own peculiarity The purpose of the work is to determine the features of tax relations in the field of cross-border transactions. According to the author, tax relations in the field of taxation of cross-border transactions have their own specifics, which is associated with the complication of the subject composition by a foreign element (participants are connected by different jurisdictions) and a special object (cross-border operation), which affects the content of legal relations of persons expressed in the presence of special rights and obligations of the parties to a cross-border operation. At the moment, the borders between the countries are extremely blurred. All this leads to an increase in cash flows between countries, as a result, to an increase in cross-border transactions in Russia and in the world. Taxation of cross-border relations is an extremely relevant topic, since, on the one hand, the tax legislation of Russia should contribute to the global competitiveness of the Russian economy, and on the other hand, it should "protect" the base of tax revenues to the relevant budgets. These two goals sometimes contradict each other, which can lead to a situation of excessive complication of the procedure for taxation of cross-border transactions.

DOI: 10.7256/2454-065X.2022.2.37167

Abstract: Identification of ways to reduce tax arrears is relevant in all countries of the world, since no country in the world can completely eradicate it and various measures are being taken to reduce it (voluntary and compulsory). In Russia, the issues of reducing tax and fee arrears are particularly relevant, since in a number of subjects of the Russian Federation the amount of tax and fee arrears is growing annually. As an example for a detailed study on this topic, the author considers such a subject of the Russian Federation as the Republic of Dagestan. The results of the study revealed that, despite the fact that measures aimed at reducing tax arrears are being implemented in the Republic of Dagestan, the amount of taxes and fees owed to the budget system of the Russian Federation continues to be significant (in the Republic of Dagestan, its amount is up to 25% of its own budget revenues) and recommendations for the implementation of measures aimed at reducing it in modern conditions.    The article discusses the directions for reducing tax arrears, suggests the implementation of measures aimed at improving the quality of tax administration and the effectiveness of forms and methods of tax control, increasing the level of debt collection, preventing the possibility of tax evasion, the use of a set of measures to recover tax debts, in accordance with the Tax Code of the Russian Federation, including with the participation of tax, law enforcement and judicial bodies, as well as creating favorable conditions for the development of small and medium-sized businesses, expanding the tax base, increasing investment activity and stimulating economic entities to obtain the status of a law-abiding taxpayer.

DOI: 10.7256/2454-065X.2022.2.37304

Abstract: The object of this study is the taxation of profits and incomes of foreign companies in the context of the institute of "permanent representation", the subject is the problems of collecting mandatory payments and the transformation of the institute in the conditions of digitalization of the economy. Within the framework of the article, the authors analyze the nature of a permanent establishment as a certain characteristic of a subject of tax law based on foreign experience. When revealing the objective reasons and prerequisites for the need to transform this institution, an analysis is also carried out based on the subjects of world economy and the theoretical approach of domestic researchers of such a transformation option as the introduction of the definition of "digital permanent representation". As a result of the study, the authors come to the conclusion about the need for qualitative changes in Russian tax law in terms of the regulation of permanent representation: its definitions, definitions of a single approach to a single technological process and the need to introduce the institute of digital permanent representation. When studying this problem, qualitative theoretical and practical analyses were carried out. The scientific novelty of the study consists in substantiating the existence of significant problems in the regulation of taxation of profits and income of foreign companies operating in Russia, in particular, through permanent representative offices, and proposals for their elimination.

DOI: 10.7256/2454-065X.2022.2.37727

Abstract: The article examines and structures the foreign experience of taxation and state regulation of informally employed individuals. The object of the study is the practice of state regulation of the activities of the self-employed in a number of foreign countries. The subject of the study is tax and special legislation regulating the activities of self-employed citizens in Asia, Europe, North and South America, etc. The uncertainty of the legal status of the self-employed as a new category of taxpayers is revealed in scientific and specialized literature, the general features of the definition of the concept of "self-employed" in Russian and foreign practice are indicated. The specifics of taxation of self-employed persons in a number of foreign countries are considered, as well as the tools used for additional regulation of the activities of this category of taxpayers, such as licensing and certification, civil liability insurance, etc. Special attention is paid by the author to structuring the studied foreign experience and highlighting common country features, such as the procedures for registering the self-employed, the absence of a limit on the maximum possible income, the need for certification and licensing, participation in the social insurance and liability insurance system, the presence or absence of preferential taxation, additional support programs, etc. The novelty of the research consists in a broad review and systematization of the experience of foreign states in the areas of state regulation identified by the author: non-interference; general rules of taxation and additional regulation; special taxation. The author's approach to identifying the main scenarios of state regulation of self-employment may be of practical interest for the development of domestic practice.

DOI: 10.7256/2454-065X.2022.2.38020

Abstract: Protecting the constitution from violations continues to be a major challenge worldwide. The main concern is to cure constitutional noncompliance and to afford taxpayers an adequate opportunity to challenge tax’s constitutionality. This article gives an overview of the US standards for determining when a state tax is valid under the Constitution. After discussing applicability of the US standards to the Russian taxes the author evaluates the Russian trade levy under the four-prong test developed by the US Supreme Court and raises constitutional challenges to the Russian income tax scheme. The trade levy as a part of this scheme results in unconstitutional discriminatory treatment of regional residents and non-residents. Such an uncommon analysis permits to find tax discrimination and economic Balkanisation not only in Russia, but also in other Federations throughout the world. These issues are of great importance in the field of comparative tax law. In response to the problem of discrimination, the author provides solutions based on the applicable Russian law principles and global practice of avoiding multiple taxation.