Current Issues of Identifying Unreasonable Tax Benefits

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Abstract

In this study, theoretical foundations and practical aspects of identifying unreasonable tax benefits are considered, classification is given by subjects and by types of taxes. We considered the use of an analysis of contracts (type of contract, terms of contract, counterparty category, lack of accounting for business purpose), lease and contract agreements, the analysis of which reveals an unreasonable tax benefit taking into account the ill-conceived execution, the economic validity of concluding related transactions and the presence of a specific business purpose. The issues of documentation during the execution of contracts are considered. Objectives of the research work: to determine the main issues that arise when identifying unreasonable tax benefits. Findings from the study: tools for identifying unreasonable tax benefits and prospects for their improvement are highlighted.

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About the authors

Elena E. Smirnova

Financial University under the Government of the Russian Federation

Author for correspondence.
Email: elenasmirnova@mail.ru

Cand. Sci. (Econ.), Associate Professor; Associate Professor of the Taxes and Tax Administration Department

Russian Federation, Moscow

References

  1. Tax Code of the Russian Federation. Part second//Union of Right Forces Consultant Plus.
  2. «The main directions of the budget, tax and customs-tariff policy for 2022 and for the planning period 2023 and 2024» (approved Ministry of Finance of Russia) // Union of Right Forces ConsultantPlus.
  3. Smirnova E.E., Anisimova E.I. Regional features of tax administration // Education and law. —2021. —№ 3. —P. 209–213.
  4. Smirnova E.E., Margorina A.D. Regional features of tax administration (on the example of the Kaliningrad region) // Problems of economics and legal practice. 2022. V. 2. P. 270–275.
  5. Official website of the Federal Tax Service of Russia. URL: https://www.nalog.ru.

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