Preview

Economics, taxes & law

Advanced search

Identification of the Obligation to Fix Calculations in the System of Tax Relations

https://doi.org/10.26794/1999-849X-2022-15-2-156-166

Abstract

The subject of the study is the use of cash register equipment (CRE) in the system of regulation of public relations.

The purpose of the work is to substantiate the need for the use of CRE for the effective performance by legal entities and individuals of the constitutionally fixed obligation to pay legally established taxes and fees. It follows from theory and practice that the obligation to apply the CRE, as a rule, arises in the sphere of relations regulated by tax legislation and related to the branch of financial law. At the same time, there are reverse examples, in particular in the Russian Federation, such relations are not only not considered taxable, but also are not subject to tax control. Due to the insufficiency of practical and theoretical research of scientists in the field of legal establishment of the obligation to apply CRE in tax relations, the implementation of the consolidation in tax legislation of relations related to the use of CRE in the Kyrgyz Republic is considered, since in this state the relations on control over the use of CRE are included in the scope of tax legislation, and responsibility — in administrative law. As a result, the state regulates the use of CRE and considers the cash register as a physical object. Consequently, the relationship is built around the taxpayer’s use of a cash register without its binding to the fulfillment of the main task — accounting for revenue from the sale of goods (works, services) as a tax base. On this basis, it is concluded that the cash register should be perceived as one of the tools for the taxpayer to fulfill the obligation to record calculations, i.e. to form and transfer to the tax authorities information about the calculations made by him under the control of the state.

About the Authors

L. I. Goncharenko
Financial University
Russian Federation

Lyubov I. Goncharenko — Dr. Sci. (Econ.), Prof., Scientific Director of the Department of Taxes and Tax Administration Faculty of Tax, Audit and Business Analysis

Moscow



A. S. Advokatova
Financial University
Russian Federation

Alena S. Advokatova — Cand. Sci. (Econ.), master of Laws, Senior Lecturer Department of Taxes and Tax Administration Faculty of Tax, Audit and Business Analysis

Moscow



A. A. Batarin
Federal Tax Service of Russia, Financial Research Institute of the Ministry of Finance of Russia
Russian Federation

Aleksei A. Batarin — Cand. Sci. (Law.), Master of Laws, Head of the Department of Operating Control Administration 

Moscow



References

1. Kucherov I.I.Theory of taxes and fees (Legal aspects): Moscow: CJSC “Yurinfor”; 2009. 473 p. (In Russ.).

2. Krokhina Yu. A.Tax law: textbook for bachelors. Moscow: Yurayt; 2011. 451 p. (In Russ.).

3. Ilyin A.Yu. Administrative jurisdiction of tax authorities. Moscow: VGNA of the Ministry of Finance of Russia; 2012. 346 p. (In Russ.).

4. Alyokhin E.A., Vedernikov L.M., VoronovA.M. et al. Administrative jurisdiction of tax authorities: studies. Moscow.: VGNA of the Ministry of Finance of Russia; 2012. 346 p. (In Russ.).

5. Yanzhul I.I.Basic principles of financial science. The doctrine of state income. St. Petersburg, 1904. (In Russ.).

6. Kucheryavenko N.P.Course of tax law: In 6 vol. Vol. II: Introduction to the theory of tax law. Kharkiv: Le-gas; 2004. P. 29. (In Russ.).

7. Batarin A.A. Legal regulation of tax calculation. Monograph. Moscow: Jurisprudence; 2014. P. 5. (In Russ.).

8. Alekseev S.S. General theory of law. In two volumes. Vol. 2. Moscow: Legal Literature; 1982. P. 82. (In Russ.).

9. Yagovkina V.A.Tax legal relationship (theoretical and legal aspect). Moscow: Border; 2004. P. 12, 23. (In Russ.).

10. Advocatova A.S. Tax control in the conditions of modification of relations between tax authorities and taxpayers: dissertation… Candidate of Economic Sciences: 08.00.10 / Lawyer Alyona Stanislava; [Place of defense: Financial University]. Moscow; 2019. 229 p. (In Russ.).

11. BatarinA.A., SorokinA.A. On a new approach to the use of cash register equipment (theoretical and legal aspects). Tax policy and practice. 2015;(6):34–37. (In Russ.).

12. Advocatova A.S., Goncharenko L.I. Modern forms of tax control as a tool for ensuring budget sustainability. Innovative development of the economy. 2016;36(6):129. (In Russ.).

13. Goncharenko L.I., Vishnevskaya N.G., Advocatova A.S., Goncharenko M.A. Operational tax control as an element of VAT administration. Innovative development of the economy. 2019;54(6):159–166. (In Russ.).


Review

For citations:


Goncharenko L.I., Advokatova A.S., Batarin A.A. Identification of the Obligation to Fix Calculations in the System of Tax Relations. Economics, taxes & law. 2022;15(2):156-166. (In Russ.) https://doi.org/10.26794/1999-849X-2022-15-2-156-166

Views: 24


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 1999-849X (Print)
ISSN 2619-1474 (Online)