XI Международная студенческая научная конференция Студенческий научный форум - 2019

The tax system is very complex and extensive. There is a huge amount of taxes that organizations seek to reduce in all possible ways (legal and illegal), as well as to avoid them altogether. Consider the efforts of tax administration and government to combat tax evasion schemes in Russia and the UK.

Not so long ago, amendments were made to the Tax Code, signed by President - Vladimir Putin on July 19. The Tax Code has been supplemented with a new article 54.1, which prohibits tax evasion schemes: it says that the taxpayer does not have the right to reduce payments or the tax base by distorting information about economic life, objects of taxation and tax reporting. In addition, the tax authorities received the right to refuse to refund VAT or to reduce the tax base if an unauthorized or unauthorized person signed a justifying document (contract, act, invoice, etc.).

It can also be noted that if earlier in the fight against such schemes, the tax authorities were guided solely by judicial practice, now they have their own tool for this - the law. As practice shows, in recent years, many approaches have emerged in the fight against tax evasion, which, finally, have received their legislative consolidation.

For example, there are schemes with unlawful use of tax benefits, tax rates, when all actions are performed only to pay less taxes, although the conditions for granting legal benefits are not respected. There are one-day firms with the help of which a formal document flow is created. No real transactions are made with these counterparties, but the taxpayer is able to declare tax deductions and reduce his tax base, thereby causing damage to the budget. Such schemes are referred to in the law.

Soon the tax authorities will apply the new rules. The law obliges tax officials to prove the facts of tax abuse in the framework of inspections. Thus, the usual procedures for collecting, recording and evaluating evidence will be applied - there is no question of additional powers for the FTS. The provisions of the amendments will apply only to those checks that began after their entry into force.

For example, there are schemes with unlawful use of tax benefits, tax rates, when all actions are performed only to pay less taxes, although the conditions for granting legal benefits are not respected. There are one-day firms with the help of which a formal document flow is created. No real transactions are made with these counterparties, but the taxpayer is able to declare tax deductions and reduce his tax base, thereby causing damage to the budget. Such schemes are referred to in the law.

Soon the tax authorities will apply the new rules. The law obliges tax officials to prove the facts of tax abuse in the framework of inspections. Thus, the usual procedures for collecting, recording and evaluating evidence will be applied - there is no question of additional powers for the FTS. The provisions of the amendments will apply only to those checks that began after their entry into force.

Controlled Foreign Companies (CFC) rules are provisions aimed at combating tax evasion and preventing the leakage of profits from the UK to low-tax areas. If the UK profits bypasses the CFC rules, it is distributed and levied by a British corporate shareholder that has a share in a foreign controlled company of at least 25%. In general, CFC profits will be taxed using the usual corporate tax rates and rules for persons controlling CFC if the profit passes through the CFC gateway and is not an exception.

“Gateways” are a series of tests that identify the profit artificially transferred from the United Kingdom. For example, if profits are paid to the British individuals with significant control, this profit will be taxed in the UK unless one of the four conditions is fulfilled (the first is that the obtaining of a tax advantage is not a primary goal or one of the main purposes of the arrangement). A number of other tests can reveal other profit.

There are different exceptions for certain types of companies. For example, they may be companies that fall under the regime for the first time, CFC with low profits or low margins, CFC on excluded territories or other territories with similar corporate tax rates, or rates exceeding UK rates. There is also a special exemption for attracted intra-group financing. This mechanism can ensure the release of 75% to 100% of financial profit on qualified loans.

Электронные ресурсы:

https://lawstrust.com › Home › News

https://www.gov.uk › Money › Tax evasion and avoidance

https://www.bakermckenzie.com/.../russia-codifies-general-a...