Taxation Issues for Digital Financial Assets

2021 ◽  
pp. 089443932110039
Author(s):  
Viktor Shestak ◽  
Alla Kiseleva ◽  
Yuriy Kolesnikov
Keyword(s):  
Russian Federation ◽  
Income Tax ◽  
Legal Regulation ◽  
Capital Gains ◽  
International Standards ◽  
Financial Assets ◽  
State Budget ◽  
The Russian Federation ◽  
Digital Assets ◽  
Tax Accounting

The objective of the study is to determine the status of a digital financial asset and the features of its taxation in the Russian Federation and progressive countries. Currently, there are three main taxation models that are used in this area: income tax, corporate income tax, and capital gains tax. The article explores the prospects for introducing the experience of foreign countries in the Russian Federation. The possible changes that may occur in tax regulation are analyzed. The experience of leading countries in the field of legal regulation of the use of digital financial assets and the taxation of cryptocurrency transactions is analyzed. Such an analysis will allow Russia to keep pace with countries with a leading economy and at the same time increase state budget revenue through taxation of cryptocurrency transactions. The study provides an analysis of the conceptual scenarios of digital income taxation and objects of taxation in the process of cryptocurrency creation. The study critically assesses possible options for applying international standards for tax accounting of digital assets. Groups of problematic issues that arise in the tax accounting of digital assets are developed. The prospect of further research is the development of tax accounting methods for each of the established entities for the creation and circulation of digital financial assets in accordance with accounting objects.

Digital Financial Assets: Problems and Prospects of Legal Regulation

2020 ◽  
Vol 15 (6) ◽  
pp. 43-54
Author(s):  
T. E. Rozhdestvenskaya ◽  
A. G. Guznov
Keyword(s):  
Information Systems ◽  
Russian Federation ◽  
Legal Regulation ◽  
Financial Assets ◽  
Federal Law ◽  
Digital Rights ◽  
The Russian Federation ◽  
Federal Laws ◽  
And Diffusion ◽  
Digital Assets

The emergence and diffusion of digital assets, especially cryptocurrencies, necessitated their legal regulation. The paper investigates the main approaches to the legal regulation, which is already implemented in the Civil Code of the Russian Federation and other federal laws. Particular attention is paid to the novelties of the legal regulation that have been envisaged in the draft Federal Law “On Digital Financial Assets.” The draft Federal Law is being currently debated in the State Duma of the Russian Federation. The paper analyses in detail the concept of digital financial assets as a specific type of digital rights. The author also compares the concepts of uncertified securities and non-cash money. The author investigates the issues of digital financial assets issuance and peculiarities of their circulation. The paper substantiates the requirements applied to information systems and their operators included into the draft law in compliance with which the issue of digital financial assets is carried out.

scholarly journals The problems of taxation of income of private and legal entities from operations with digital financial assets

2020 ◽  
pp. 88-96
Author(s):  
Konstantin Borisovich Razdorozhnyi
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Value Added ◽  
Legal Regulation ◽  
Financial Assets ◽  
Tax Legislation ◽  
Official Position ◽  
Accounting Rules ◽  
The Russian Federation ◽  
Digital Assets

The subject of this research is the problems of taxation of income from operations with digital financial assets. It is a known fact that the Institution of financial legal regulation of circulation of the digital financial assets is in the process of establishment; thus, there are yet no legislative norms on taxes and fees in this sphere of public relations, and the only reference point for taxpayers is the information letters from competent authorities and doctrinal sources. Among the relevant problems of taxation in this field, the author underlines the absence of an official position regarding the taxation of such operations with the value added tax (VAT), as well as the absence of the established procedures for documented proof of income and spending within the framework of circulation of digital financial assets. The main conclusion consists in the thesis that the existing in the Russian Federation system of taxes and fees can be implemented institutionally in the indicated sphere of public relations. The author also notes that the solution of these problems requires introduction of isolated amendments to tax legislation, among which is the inclusion of operations that are not subject to VAT in accordance with the Article 149 of the Taxation Code of the Russian Federation, as well as transactions with financial digital assets and digital currencies. Particular attention is turned to the need for elaboration of departmental instructions that would establish accounting rules for transactions with digital financial assets. Within the framework of this article, the author analyzes the foreign methods of documented proof of income and spending that can also be applied in Russian business practice.

scholarly journals The system of offences related to illicit circulation of digital securities in Russia

2021 ◽  
pp. 38-50
Author(s):  
Elina Leonidovna Sidorenko ◽  
Ekaterina Aleksandrovna Khalizeva
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Technological Aspect ◽  
Alarm Signals ◽  
Research Task ◽  
The Russian Federation ◽  
Federal Laws ◽  
Further Development ◽  
Digital Assets

  This article is dedicated to the analysis of the system of offences related to the illicit circulation of digital securities in the Russian Federation. Special attention is given to the peculiarities of the mechanism of constructing the system of offences in the sphere of digital economy. The article analyzes the basic FATF acts pertinent to digital assets; examines the alarm signals in using such assets to launder proceeds acquired by illegal means or used to finance terrorism. The author reviews recommendations on application of risk-based approach in the process of creating due legal regulation of digital assets in the FATF member-states (including Russia). As a research task, the article aims to determine which acts associated with the illicit circulation of digital securities are the subjected to criminalization, as well as the composition of these offences considering the technological aspect of the mixed (economic and technological) nature of such assets. The corresponding draft federal laws “On the Amendments to the Criminal Code of the Russian Federation” and “On the Amendments to the Code of the Russian Federation on Administrative Offenses”, developed by the Ministry of Finances of the Russian Federation, comprise the legislative normative framework for this research. The conclusion is made on the reception (accounting) of recommendations for further development of such regulation in the Russian Federation.  

scholarly journals LEGAL REGULATION OF IMPACT ENVIRONMENTAL ASSESSMENT IN RUSSIA AND ABROAD

2016 ◽  
pp. 0-0
Author(s):  
Николай Кичигин ◽  
Nikolay Kichigin
Keyword(s):  
Russian Federation ◽  
Environmental Assessment ◽  
Legal Regulation ◽  
International Standards ◽  
Assessment Process ◽  
Educational Activity ◽  
The Russian Federation ◽  
Historical Comparative ◽  
The Individual ◽  
Legislative Activities

The article compares the legal regulation and the law enforcement practice relating to the conduct of environmental assessment in the Russian Federation, procedures for environmental assessment, which is applicable abroad (USA, EU, China). Through the use of historical, comparative legal methods of research concludes that the national system of environmental assessment in the Russian Federation, including the assessment of impact of perspective economic and other activities on environment and ecological examination, is not an effective one and does not meet international standards of environmental assessment. The article analyzes the reasons for the ineffectiveness of environmental assessment in the Russian Federation, identifies the main differences of the Russian model of environmental assessment from their foreign counterparts. The main differences between Russian and foreign models are as follows: stages of the environmental assessment process (no stages of screening and scoping), conduct environmental assessment at the earliest stage of economic activity and at the stage of preparation of project documentation, the lack of methodology for the environmental assessment process, the lack of differentiation of environmental assessment on the individual direction of research, etc. These differences lead to the imperfection and ineffectiveness of environmental assessment in the Russian Federation and need to be addressed. The results can be used in legislative activities in the preparation of draft normative legal acts in the educational activity.

scholarly journals Legal regulation of digitalization processes in the Russian Federation: civil law aspect

2021 ◽  
pp. 51-62
Author(s):  
Anna Iurievna Iakovleva-Chernysheva ◽  
Anna Valentinovna Druzhinina
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Legal Regulation ◽  
Financial Assets ◽  
Systematic Analysis ◽  
Digital Rights ◽  
Legal Science ◽  
Civil Discourse ◽  
The Russian Federation ◽  
Equity Securities

The subject of this research is the trends and problems in the development of civil legislation within the framework of legal regulation of digitalization processes in the Russian Federation. The goal of this article lies in comprehensive examination and disclosure of the legal essence of the concept of digital rights as an object of civil rights, introduced into the Russian legislation within the framework of legal regulation of digitalization processes. The research methodology employs systematic approach, general scientific and special methods of legal science – formal-legal, interpretation of law, etc. For achieving the set goal, the author explores the prerequisites for the development of civil law provision pf digitalization processes; analyzes the novelties of civil legislation pertinent to implementation of various types of digital rights into civil discourse; studies the legal essence of digital rights; determine the ratio between digital rights and equity securities within the civil discourse. The scientific novelty lies in revealing the legal essence of digital rights as a special concept uses in civil law ; systematic analysis of the utilitarian digital rights and digital financial assets that  encompass all types of digital rights in the current Russian legislation; substantiation of the fact that property rights in their extensive interpretation used in legal science and case law are the generic concept of digital rights; outlining that the content and conditions for exercising digital rights are determined conformity with the rules of the information system that meets the criteria established by law; examination and explanation of interrelation between different types of digital financial assets and equity securities in the civil discourse. The acquired results can be applied in further research of civil law regulation of digitalization processes, in teaching civil law disciplines in the higher school.

scholarly journals Implementation of FATF approaches to the regulation of virtual assets in the legislation of the Russian Federation: development prospects

2020 ◽  
pp. 138-147
Author(s):  
T. E. Rozhdestvenskaya ◽  
A. G. Guznov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Negative Impact ◽  
Legal Regulation ◽  
Financial Assets ◽  
Federal Law ◽  
Monetary System ◽  
Legitimate Interests ◽  
The Russian Federation ◽  
Development Prospects

The emergence and dissemination of digital values, and, above all, cryptocurrencies, necessitated their legal regulation. The article analyzes the basic FATF requirements to the legal regulation of virtual assets. The article discusses legislative novelties that enshrine the legal status of utilitarian digital rights, as well as the main provisions of the draft federal law “On Digital Financial Assets”, which is currently being discussed in the State Duma of the Federal Assembly of the Russian Federation. Particular attention is paid to the approaches to the legal regulation of cryptocurrencies. The risks arising from the legal circulation of cryptocurrencies are identified and systematized. It is concluded that deciding on the legalization of cryptocurrency requires provision of mechanisms protecting the rights and legitimate interests of its owners as well as mechanisms preventing possible negative impact of cryptocurrency on the state’s monetary system.

scholarly journals Problems of integration of the Russian Federation into the system of international standards of auditing

2021 ◽  
Vol 83 (2) ◽  
pp. 272-276
Author(s):  
M. A. Khitskov
Keyword(s):  
Financial Reporting ◽  
Russian Federation ◽  
Financial Regulation ◽  
Legal Regulation ◽  
International Standards ◽  
Western World ◽  
International Economy ◽  
The Russian Federation ◽  
The Many ◽  
The Impact

Russia's integration into the international legal economy is extremely difficult. The main reason for this is the much later transition of the Russian Federation to a market-based economic system. The Russian Federation is more focused on domestic legislation, and although international sources of regulation are recognized on its territory, they do not have the same authority as in the legal systems of the Western world. Therefore, an important part of Russia's integration into the international economy is the synchronization of financial regulation in national systems. The article is devoted to one of the key points of Russia's integration into the international economy: the implementation of international accounting regulations and audit rules. In turn, the international standards for the regulation of auditing activities, their main goal is to create a single legal regulation of accounting statements. The relevance of the topic is determined on the one hand, by the importance of international markets and the attractiveness of Russia for foreign investors, and on the other, by the many problems that arise when trying to implement the norms of international law in the national legal field. The article examines the immediate difficulties and problems, as well as legal conflicts that arose in the process of implementing the norms of international financial law in the Russian Federation. The basis of the study was the cause-and-effect relationships, which become the basis for the occurrence of the above-mentioned problems. The article analyzes the linguistic, legal, moral and ethical contradictions that accompany the process of implementing the norms of international financial law in the national legal system of the Russian Federation. The analysis involves the consideration of problems in accordance with the moments of their occurrence. Further in the article the ways of solving the mentioned problems, the possibilities of overcoming legal conflicts, the ways of overcoming social and ethical contradictions are considered. In addition to the analysis of the legal essence of the process of implementation of international financial reporting standards, the article examines the situation of the modern market of audit services and the impact of audit practices on the system of regulation of the legal relations under study.

scholarly journals FORMATION OF THE MARKET OF DIGITAL FINANCIAL ASSETS IN THE RUSSIAN FEDERATION

2019 ◽  
pp. 150-153
Author(s):  
V. Poliakova ◽  
L. Tokun
Keyword(s):  
Synergistic Effect ◽  
Russian Federation ◽  
Financial Assets ◽  
Federal Law ◽  
The Russian Federation ◽  
Digital Assets

The main prerequisites for introducing digital assets into the Russian practice, contributing to the development of digital financial relations, have been identified. The necessity of settling the category of “digital financial assets” at the level of legislation has been justified. The draft Federal Law “On Digital Financial Assets” has been analyzed in order to reveal the main points of implementation of activity in this area in the Russian conditions. The adoption of regulatory acts in the field of regulation of digital financial assets will provide a synergistic effect from digitalization processes.

scholarly journals Digital Currencies: Problems of Legal Regulation

2020 ◽  
Vol 15 (11) ◽  
pp. 103-113
Author(s):  
A. A. Sitnik
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Legal Regulation ◽  
Comprehensive System ◽  
Financial Assets ◽  
Federal Law ◽  
Financial Instrument ◽  
Digital Currency ◽  
The Russian Federation ◽  
First Time

The paper analyzes the provisions of the Federal Law of July 31, 2020, № 259-FZ “On Digital Financial Assets, Digital Currency and Amendments to Certain Legislative Acts of the Russian Federation” concerning the legal regulation of circulation of digital currencies. The author elucidates legal definitions of such concepts as “digital currency”, “organization of digital currency issuance”, “digital currency issuance”, “organization of circulation of digital currency” and focuses on their shortcomings. The paper also highlights the features of digital currencies, describes types of transactions with this financial instrument, outlines the circle of subjects of relations arising in the process of circulation of digital currencies. In general, it must be recognized that Law No. 259-FZ failed toresult in the creation of a comprehensive system of legal regulation of circulation of digital currencies, its provisions are piecemeal and sometimes controversial in nature. At the same time, the legal act under consideration is of fundamental importance because, for the first time at the legislative level, it has enshrined the rules governing public relations that are being formed in the process of circulation of digital currencies.

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