scholarly journals Dialectics of Contradictions in Legal Regulation of Value Added Taxation

Author(s):  
Dmitry Bachurin
Keyword(s):  
Author(s):  
Dmitry G. Bachurin ◽  

The article discusses the legal aspects of supranational legal regulation of value added taxation in the Persian Gulf countries. The novelty of the research lies in the comparative aspect of the legal study of supranational law on the value-added tax in the Gulf countries, which allows formulating fundamentally new characteristics and interpretations that extend the theoretical and legal views on the legal mechanism of VAT, and analyzing the key provisions of the legal regulation of VAT of the states that are parties to the Common VAT Agreement. The issues of the Agreement for the countries of the Gulf Cooperation Council, as well as acts of national legislation on this tax, were studied. The analysis of the provisions of the Agreement allows concluding that the tax instrument this Agreement regulates can be classified as a type of neutral legal regulation of value-added taxation. Its peculiarity is that the country for one reason or another introduces VAT into the national tax system with minimal tax rates and continues to keep it at a low level that does not have a restraining effect on the development of its own industry. This is the reference point for the Common VAT Agreement for the countries of the Gulf Cooperation Council. The research shows that the supranational legislation of the Persian Gulf countries covers the most complex and fundamentally significant issues of legal regulation of value-added taxation, which developed taking into account the accumulated world experience in the administration of this tax. Conclusions have been obtained that the main direction of the adopted supranational legislation is the creation of a unified legal framework for the development of a coordinated legal regulation of VAT in each of the six Arab states of the Persian Gulf. The definitions of concepts that are crucial for VAT regulation are given, among which the following can be distinguished: reverse VAT accrual, input tax, deductible tax, net tax, mandatory registration threshold, voluntary registration threshold, and tax group. In the final part of the work, it is concluded that the second regional system of legal regulation of value-added taxation after the European one is being created, which begins its development on the basis of supranational legislation. Within its framework, the states that are parties to the Agreement shall organize administrative cooperation in the following areas: (1) exchange of information necessary for determining tax accuracy; (2) coordination of synchronized audit procedures and participation in audits; (3) assistance in tax collection and adoption of necessary procedures related to VAT collection.


2020 ◽  
pp. 24-30
Author(s):  
Dmytro Kobylnik ◽  
Anton Burchak

Problem setting. The work is devoted to the study of the legal status of cryptocurrency as an object of taxation. The legal status of cryptocurrency in legal relations between tax authorities and individuals or legal entities is an urgent problem, since there is only a small number of works on this issue. Of particular note is the study of international experience in taxation of cryptocurrency transactions, as well as an analysis of the most relevant proposals for amending national legislation in order to establish the legal status of cryptocurrency and transactions related to cryptocurrency as an object of tax legal relations. Analysis of recent researches and publications. Despite the great relevance of this topic, in the modern science of tax law there are no fundamental scientific works and studies on the problems of taxation of cryptocurrency and cryptocurrency transactions. Target of research. The purpose of the scientific article is to conduct research on the legal nature of cryptocurrency, as well as the disclosure of theoretical, practical problems and features of legal regulation of cryptocurrency and operations related to the use of cryptocurrency in modern tax law. Article’s main body. The article deals with the legal nature of transactions connected with the use of the cryptocurrency as an object of tax relations. The issues of the possibility of attributing income, as well as profits from cryptocurrency transactions to the objects of taxation of personal income tax, profit tax, and value-added tax, are disclosed in accordance with the current tax legislation. The following conclusions have been drawn: it is impossible to impose the relevant taxes on income and profits from transactions with the cryptocurrency; there is a conflict in the current legislation, according to which the proceeds from transactions with cryptocurrency may be subject to the Law ‘On Prevention and Counteraction to Legalization (Laundering) of the Proceeds from Crime or Terrorism Financing, as Well as Financing Proliferation of Weapons of Mass Destruction’ In addition, foreign experience of legal regulation of transactions with cryptocurrency in tax legislation in such economically developed countries as the USA, Great Britain, Canada, Germany, Switzerland, etc. has been analyzed. It has been established that nowadays, in world practice, there is no unambiguous approach to the tax regulation and taxation of cryptocurrency transactions. So, in some countries, the income from operations with cryptocurrency is taxable, while in others cryptocurrency transactions do not belong to objects of taxation. Conclusions and prospects for the development. As a result, the author presents her own proposals on amending the tax legislation aimed at determining the legal status of cryptocurrency transactions in tax law. The article is devoted to the legal nature of transactions related to the use of cryptocurrency as an object of tax relations. Foreign experience of taxation of operations with the cryptocurrency is analyzed. The author considers current proposals for amending the tax legislation of Ukraine, who’s the purpose of which is to determine the legal status and control measures for compliance with tax legislation in the implementation of cryptocurrency transactions in tax law.


Author(s):  
M. Ibatullin ◽  
D. Mykytyuk

The main factors that stimulate the management development of organic forms are systematized: the deterioration of the overall ecological situation, the increase in the demand for environmentally friendly products, the possibilities for expanding the export of organic products, allows obtaining higher profit levels, etc. The approaches to legal regulation of organic products production in foreign countries and Ukraine have been generalized, which allowed to compare the order of organic products production (raw materials) of plant and animal origin, certification of organic farms and bringing organic products to the market. It is substantiated that there is a need to establish a state monitoring of the pig products quality, which should include: regular inspection of the self-inspection plan; inspection of the industrial premises sanitary condition, adjoining territories, vehicles, forages, fodder additives and ingredients; testing of equipment, materials, substances and technological additives in contact with meat raw materials. It has been proved that the frequency and procedure for state monitoring is ensured taking into account the analysis and assessment of the risks associated with the maintenance of animals and the receipt of meat raw materials. It is generalized that the strategic priorities of the organic pig production development is to increase the production of pig slaughter products, accordingly, it requires levers substantiation of the economic regulation to stimulate the producers of the sector in this direction. To sum up, there is a need to develop standards for the certification of animal origin organic products, namely, it is advisable to delimit the production of organic products (raw materials) and inorganic production in the regulatory and legal framework; utilization of waste and by-products of plant and animal origin in the process of organic products production, etc. It is proved that the low demand of consumers in the domestic market makes producers of organic products, including pigs, to focus on the markets of other countries. Measures to motivate foreign investors in the production of organic meat in Ukraine could become one of the most effective instruments for the intensification of organic pig production, and in the future, it could deliver its supplies to foreign markets, but realize it itself. It is obvious that in this approach there is a possibility of increasing value added in the supply chain of organic pig production, provided that the domestic processing capacity of organic produce and organic meat products is adjusted internally. Key words: organic pig breeding, organic livestock breeding, state regulation, control, ecology.


Author(s):  
Konstantin Borisovich Razdorozhnyi

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.


2018 ◽  
Vol 171 (5-6) ◽  
pp. 4-14
Author(s):  
Irina Kovova ◽  
◽  
Oleksandr Malyshkin ◽  
Vlastimil Vicen ◽  
Svitlana Shulyarenko ◽  
...  

2020 ◽  
Vol 73 (2) ◽  
pp. 374-379
Author(s):  
Vladislav I. Teremetskyi ◽  
Oleksandr M. Bandurka ◽  
Emiliia S. Dmytrenko ◽  
Nataliа I. Atamanchuk ◽  
Oleksandra O. Kochura

The authors have defined and revealed the mechanism for collecting personal income tax, value added tax, single tax relating to health care sector in Ukraine and their analogues in other countries. Special attention has been paid to the problems in this field in Ukraine and the ways of their solution have been suggested. It has been proved that the mechanism of legal regulation of assessed taxation in the health care sector in Ukraine needs to be improved. Taking into account international experience, the authors have offered to amend the Tax Code of Ukraine on: the use of tax incentives of state support (USA); progressive assessed taxation of individual income (Spain, Germany, Poland, Slovakia, etc.); value added tax rates and benefits (USA, France, Hungary) and so on.


2019 ◽  
Vol 10 (1) ◽  
pp. 45-66
Author(s):  
Miroslava Vlčková ◽  
Zuzana Frantíková ◽  
Jaroslav Vrchota

Abstract In most European countries, teleworking or homeworking is used in various forms that differ from one another by its legal regulation. The paper examines the SME’s in the Czech Republic from the perspective what makes them to adopt telework using the financial indicators. We hypothesized that employer adoption of telework would depend on some economic factors. The empirical evidence showed that a typical company that uses telework is a company with higher ratio of liabilities and therefore lower ratio of equity, a lower ratio of fixed assets, higher sales, lower inventory, higher labour productivity and higher value added per employee, higher return on equity, higher personnel costs, higher average wages. Within the analysed enterprises, 16 indicators were assessed; the 9 indicators showed the difference between companies that use telework and companies that do not use telework. The research shows a typical company that uses telework.


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