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Financial Law Report “The Tax Law” (реферат)

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PLEKHANOV RUSSIAN ACADEMY OF ECONOMICS

Financial Law

Report “The Tax Law”

Student: Julia Efimova

Academy supervisors: Ekaterina Vladimirovna Bagreeva

Per Oyvind Berg-Knutsen

Moscow 2006

Contents TOC \o “1-2” \h \z \u

HYPERLINK \l “_Toc128912318” Introduction PAGEREF _Toc128912318 \h
3

HYPERLINK \l “_Toc128912319” 1) Taxes and the Tax Law PAGEREF
_Toc128912319 \h 4

HYPERLINK \l “_Toc128912320” 1) Taxes and the Tax Law PAGEREF
_Toc128912320 \h 4

HYPERLINK \l “_Toc128912321” 2) Taxpayers PAGEREF _Toc128912321 \h
7

HYPERLINK \l “_Toc128912322” 3) Tax authorities PAGEREF
_Toc128912322 \h 9

HYPERLINK \l “_Toc128912323” 4) Tax offences PAGEREF _Toc128912323
\h 10

HYPERLINK \l “_Toc128912324” 4.1) Court Proceeding in a tax offence
case PAGEREF _Toc128912324 \h 11

HYPERLINK \l “_Toc128912325” Conclusion PAGEREF _Toc128912325 \h
12

HYPERLINK \l “_Toc128912326” Bibliography: PAGEREF _Toc128912326 \h
13

Introduction

Among economic instruments, by means of which the state influences
market economy, taxes play the important role. In conditions of market
economy any state widely uses a tax policy as the certain regulator of
influence on the negative phenomena of the market. Taxes, as well as all
tax system, are the powerful tool of management of economy in conditions
of the market.

The use of the taxes is one of the economical methods of government and
maintenance of interconnection of the interests of the State with
individual persons, commercial organizations forms of ownership and
organizational – the legal form of the enterprise. By means of taxes
mutual relations of businessmen, the enterprises of all forms of
ownership with the state and local budgets, with banks, and also with
the higher organizations are defined.

1) Taxes and the Tax Law

A tax is a compulsory charge or other levy imposed on an individual or a
legal entity by a state or a functional equivalent of a state (e.g.,
tribes, secessionist movements or revolutionary movements). Taxes could
also be imposed by a sub national entity.

A tax shall be defined as an obligatory and individually non-refundable
payment collected from organisations and individuals in the form of
alienation of money resources owned by them by right of ownership,
economic jurisdiction or operational management for purposes of
financing the activity of the state and/or municipalities.

Taxes play the most important role of the state revenue. In 2002 the
taxes made up 81,21% of the profitable part of the federal budget.

Tax law is the codified system of financial laws that describes
government levies (taxes) on economic transactions. The tax law
represents a branch of legal system of the Russian Federation which
regulates public relations in the sphere of the taxation, which means
the relations in connection with the realization of taxation and other
obligatory payments, the organization and functioning of the system of
tax regulation and the tax control over the all levels of the government
and local self-government.

Legislation on taxes and charges consists of the Tax Code, federal and
regional laws, local regulative acts. Tax laws which had been adopted
before the Tax Code came into force are valid in the part not
conflicting with the Tax Code.

A comprehensive Tax Code has been progressively introduced since 1999
and is now largely implemented. The Tax Code is the main legislative tax
act which consists of two parts. The first part includes general
definitions, lists rights and duties of taxpayers and tax authorities,
sets forms and methods of tax control, establishes liability for tax
offences, and so on. The second part of the Tax Code consists of
chapters covering individual taxes – VAT (Value Added Tax), tax on
profit and others. Orders, instructions, guidelines of the Ministry for
taxes and charges are mandatory only for the tax bodies and do not
relate to tax legislative acts. Only instructions on the order of
filling in tax returns are mandatory for taxpayers.

The current tax structure was introduced in 1992 and follows the federal
nature of Russia in that the various republics and regions that comprise
the Russian Federation have certain rights as regards levying taxes.
Taxes may be viewed as follows:

Federal: Applied in the whole of the Russian Federation, at uniform
rates. Examples of this category are: Value Added Tax (20%), customs
duty, income tax from physical persons, enterprise profit tax.

Regional: Applied in the whole of the Russian Federation, but the entire
tax rate, or the locally collected portion, is determined regionally.
Collection of the tax is split between the amounts allocated regionally,
or to the centre. An example of this category is corporate Profits Tax
(currently, the federal component is 6.5 percent, with additional
regional components of 13.5 – 17.5 percent).

Local Taxes: established by the local or regional authority and has only
local force. Collection is entirely local. An example of this category
is a Land Tax.

Date of enforcement

Federal laws introducing amendments to the Tax Code that establish new
taxes and charges, regional and local acts of tax legislation
introducing new taxes (charges) take effect not earlier than January 1
of the year following the year of their adoption and not earlier than
one month after their official publication.

Other legislative acts on taxes and charges come to force not earlier
than upon expiry of one month after the date of their official
publication and not earlier than first day of the next tax period set
for the specific tax.

Legislative acts on taxes (except charges) also take effect not earlier
than the first day of the next respective tax period.

Elements of taxation

According to the Article 17 of the Tax Code of the Russian Federation
“General Conditions of Imposition of Taxes and Fees” ,

“1. A tax shall only be considered as imposed if the taxpayers and the
elements of taxation are defined, namely,”

Object of Taxation (Art. 38 of the Tax Code)

Tax Base (Art. 53 of the Tax Code)

Tax Period (Art. 55 of the Tax Code)

Tax Rates (Art. 53 of the Tax Code)

Procedure of Tax Assessment (Art. 52 of the Tax Code)

Deadlines and Procedure for Paying Taxes and Fees (Art. 57, 58 of the
Tax Code)

“2. In tax imposition, a legislative act on taxes and dues may also
provide if necessary tax benefits and grounds for using them by the
taxpayer.

3. In imposing fees, their payers and elements of taxation shall be
defined relative to particular fees.“

2) Taxpayers

Taxpayers are organizations and natural persons who are under an
obligation to pay taxes and/or charges.

Registration of taxpayers

All organisations and individual entrepreneurs must be registered with
tax bodies within 10 days following the date of their state
registration.

Registration with tax bodies is performed at the place of organisation’s
location (residential address for individual entrepreneurs)

An organisation acting via separate divisions, property or vehicles must
register both at its place of location and at the place of location of
each of its division and its property

Natural persons who are not individual entrepreneurs are not obliged to
register with the tax bodies on their own

Each taxpayer is given a personal identification number of taxpayer when
registered with the tax bodies

Rights of taxpayers:

To claim full compensation for losses caused by unlawful decisions of
the tax bodies or unlawful actions (inactions) of their officials

To receive from the tax bodies at the place of registration free
information on current taxes and charges, legislation on taxes and
charges, and also on the rights and duties of taxpayers, and powers of
the tax bodies and their officials

To receive written explanations on application of tax legislation from
the tax bodies and other authorised state bodies.

To represent their interests before the tax bodies in person or via
their representative

Duties of taxpayers:

To pay taxes and charges set in accordance with law

To register with tax bodies

To keep records of their income (expenses) and objects of taxation

To file tax returns and financial reports and to provide documents
required to calculate and pay taxes to the tax bodies and their
officials

To fulfil lawful requirements of tax bodies to eliminate tax offences
revealed and not to hinder lawful activity of tax officials

To provide tax authority at the place of registration with information

Penalties for violating the order of registration with tax bodies

Exceeding the 10 days term set for filing the application for
registration: for up to 90 days 5,000 Rb of penalty

Over 90 days 10,000 Rb of penalty

Carrying on activities by an organisation or an individual entrepreneur
without registration with the tax bodies: for up to 3 months 10% of
income derived from such activity during the said period but not less
than 20,000 Rb for more than 3 months 20% of the income derived during
the period exceeding 90 days from activity carried on during the said
period without registration with the tax bodies

3) Tax authorities

Rights of tax authorities:

To demand from taxpayers and other obligated persons presentation of
documents that can be used as a reference for the computation and
payment of taxes

Suspend operations with taxpayers’ bank accounts and seize their
property

To conduct an examination (inspection) of any premises and grounds used
by the taxpayer for generating taxable income or for keeping objects of
taxation, regardless of their location; to conduct inventory of the
taxpayers property

To determine amounts of taxes owed by taxpayers, on the basis of
available information on the taxpayer or by analogy with other similar
taxpayers, in case the taxpayer denies tax body officials admittance to
his/her premises and areas for examination (inspection), or fails to
present the documents needed for computation of the taxes due for over
two months

To conduct an audit of taxpayers and seize the documents confirming the
fact of tax offences, providing there are sufficient reasons to believe
that the documents will be destroyed, concealed or falsified

To collect taxes in arrears and penalizing interest accrued

Obligations of tax authorities:

To register taxpayers and keep all related data

To inform taxpayers of the effective taxes, provide them with
established accounting forms and explain the procedure of their
processing, as well as the procedure of tax calculation and payment

To refund or offset excessively paid taxes and penalties according to
the procedure set by the Tax Code.

Tax authorities and their officials bear responsibility for:

damage inflicted on the taxpayer in the course of unlawful actions
(decisions) or inactions

non-fulfillment or improper fulfillment of their duties on securing
taxpayer’s rights

4) Tax offences

Responsibility for tax offences

Each taxpayer is presumed innocent of committing a tax offence until his
guilt is proven in accordance with the procedure provided for by the
federal law and established by a legally effective court ruling.

A taxpayer is not required to prove his innocence. The burden of
presenting evidence of the tax offence and proving taxpayers guilt in
committing it is born by the tax authorities. Ineradicable doubts as to
the guilt of the taxpayer in committing a tax offence are interpreted in
favour of the taxpayer.

Taking liable for commitment of a tax offence:

of an organisation ? does not release its officials from administrative,
criminal or other responsibility if sufficient grounds are present

of a taxpayer ? does not release him from the obligation to pay taxes
and penalising interest

Administrative liability

Administrative liability in the field of taxes and charges may be
imposed on the following persons:

taxpayer’s officials

natural persons – taxpayers if the exposed action is not qualified as a
tax offence

Administrative penalties for administrative offences in the field of
taxation are levied on the basis of a court ruling. Court proceedings
are initiated in accordance with a protocol on an administrative offence
drawn up by the tax body

Tax audit

Tax audits may cover no more than 3 calendar years of taxpayers
operation preceding the year of the audit. Tax authorities may undertake
separate audits of an organisation’s branches and representations,
irrespective of any audit that may have previously been undertaken of
the organisation itself.

4.1) Court Proceeding in a tax offence case

If upon a tax audit the tax body took a decision on holding the taxpayer
liable for committing the tax offence (in the form of a ruling to hold
the taxpayer liable), then:

Before filing a claim to the court the tax body must offer the taxpayer
to pay the amount of tax due and sanctions on a voluntary basis

In case the taxpayer refuses to pay the tax due and sanctions on a
voluntary basis, the tax body files a claim to the court on collecting
them

A claim on collecting the tax due and sanctions from an organisation or
an individual entrepreneur is filed to the arbitration court, or to the
court of general jurisdiction if such are to be collected from a natural
person.

A claim may be filed within the term of six moths starting from the date
when the tax offence was discovered and the act of tax audit was drawn
up

Interpretation of unremovable doubts

In accordance with Article 3 of the Tax Code, all unremovable doubts,
contradictions and ambiguities of legislative acts relevant to taxes
and/or charges shall be interpreted in favour of taxpayers.

Conclusion

In the tax system, proceeding from the Federal device of Russia, the
rights and the responsibilities of corresponding levels of management
(Federal and territorial) in the tax law are differentiated.
Introduction of local taxes and tax collections as an addition to the
list of the operating Federal taxes, stipulated by the legislation, has
allowed to take into consideration various local needs and kinds of
incomes for local budgets. Nevertheless the Tax Law has quite a lot of
disadvantages, such as complexity, a plenty of various privileges etc.,
which do not stimulate economic growth.

Bibliography:

Tax Code of the Russian Federation HYPERLINK
“http://www.garweb.ru/project/mns/en/law/garweb_law/10800200/10800200-00
1.htm”
http://www.garweb.ru/project/mns/en/law/garweb_law/10800200/10800200-001
.htm

Russia Tax Overview HYPERLINK
“http://www.kpmg.ru/russian/supl/library/taxlegal/Tax%20Overview.pdf”
http://www.kpmg.ru/russian/supl/library/taxlegal/Tax%20Overview.pdf

Conesco Press. Russian Taxation HYPERLINK “http://www.conseco.ru/eng/”
http://www.conseco.ru/eng/

Budgetary system of the Russian Federation HYPERLINK
“http://budgetrf.nsu.ru/budget/Publications/2002/Adoption/Federal/Npd/Bu
dgetlaws/Budget/194fz30122001/194fz30122001_short.htm”
http://budgetrf.nsu.ru/budget/Publications/2002/Adoption/Federal/Npd/Bud
getlaws/Budget/194fz30122001/194fz30122001_short.htm

Wikipedia. The free encyclopedia. HYPERLI????????????????????????????

Финансовое право. Учебник для вузов. Л.Г. Вострикова. М. Изд.
«Юстицинформ» 2005г.

Wikipedia. The free encyclopedia. HYPERLINK
“http://en.wikipedia.org/wiki/Tax” http://en.wikipedia.org/wiki/Tax

Tax Code of the Russian Federation Article 8 HYPERLINK
“http://www.garweb.ru/project/mns/en/law/garweb_law/10800200/10800200-00
1.htm”
http://www.garweb.ru/project/mns/en/law/garweb_law/10800200/10800200-001
.htm

Budgetary system of the Russian Federation HYPERLINK
“http://budgetrf.nsu.ru/budget/Publications/2002/Adoption/Federal/Npd/Bu
dgetlaws/Budget/194fz30122001/194fz30122001_short.htm”
http://budgetrf.nsu.ru/budget/Publications/2002/Adoption/Federal/Npd/Bud
getlaws/Budget/194fz30122001/194fz30122001_short.htm

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http://www.conseco.ru/eng/

Conesco Press. Russian Taxation HYPERLINK
“http://www.conseco.ru/eng/” http://www.conseco.ru/eng/

Russia Tax Overview HYPERLINK
“http://www.kpmg.ru/russian/supl/library/taxlegal/Tax%20Overview.pdf”
http://www.kpmg.ru/russian/supl/library/taxlegal/Tax%20Overview.pdf

Tax Code of the Russian Federation HYPERLINK
“http://www.garweb.ru/project/mns/en/law/garweb_law/10800200/10800200-00
1.htm”
http://www.garweb.ru/project/mns/en/law/garweb_law/10800200/10800200-001
.htm

Conesco Press. Russian Taxation HYPERLINK
“http://www.conseco.ru/eng/” http://www.conseco.ru/eng/

PAGE

PAGE 2

The Tax Code

Federal Laws

Regional Laws

Local Tax Legal Acts

Taxpayers

Organizations

Natural Persons, including individual entrepreneurs

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