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Shamsieva Marina Vyacheslavovna Tax instruments in the corporate governance system: dissertation ... Candidate of Economic Sciences: 08.00.05 / Shamsieva Marina Vyacheslavovna; [Place of defense: "Russian Academy of National Economy and Public Administration under the President of the Russian Federation"].- Moscow, 2016
Introduction
Chapter 1. Theoretical and methodological foundations for the study of tax instruments in the corporate governance system 12
1.1. The essence of corporate governance 12
1.2. Tax planning as a function of corporate governance 26
1.3. Organizational mechanism of corporate tax planning.55
Chapter 2. The content of the forms and methods of tax planning used in Russian and international practice of corporate governance .68
2.1. Assessment of tax planning practices in corporate governance.68
2.2. International aspects of tax planning practice in corporate governance 77
2.3. Holding company as an organizational form of tax planning.108
Chapter 3. Analysis of current trends in the field of tax administration of the Russian Federation and their impact on the economic activity of the corporation
3.1. International experience in the implementation of legislation on controlled foreign companies and its application in the Russian Federation.122
3.2. Improving tax planning in corporate governance and assessing its effectiveness 133
3.3. Introduction of tax clarifications as an element of the organizational mechanism of tax planning.142
Conclusion.152
References 161
Introduction to work
Relevance of the research topic. In modern conditions
the interconnection of the real and financial sectors of the economy is strengthening,
the arsenal of using tools in the system of corporate
management, and priority is given to tax, financial and credit
instruments in connection with the active implementation of financial and tax
management in corporate governance. Favorable conditions for
implementation of tax instruments in corporate governance
are formed as a result of the development and implementation of state measures to
improving tax planning and tax
administration.
Modern financial, credit and tax instruments are increasingly subject to the need for successful implementation of the corporation's socio-economic development strategy. The implementation of management functions in a corporation, and above all planning, objectively necessitates the use of tax and financial management in corporate governance.
Tax planning ensures the identification of additional
internal reserves to maximize tax savings and minimize
tax expenditures, which contributes to the formation of the tax budget
corporation, which is currently being developed to reduce
tax burden. However, the tax budget can perform the function
the most important corporate governance tool, taking into account
some degree of modification.
The wide and successful application of tax instruments in the practice of corporate governance abroad proves the need to adapt international experience to Russian reality. It should be noted that in last years the main attention is paid to the process of minimizing tax expenses in terms of the tax burden as the main
an indicator of the effectiveness of tax planning in a corporation. Thus, tax planning, to a certain extent, becomes autonomous, loosely connected with the corporate governance system, efficiency economic activity and economic growth of the company. This necessitates the study of tax planning in the corporate governance system.
Increasing the role of tax instruments in the corporate governance system determined the choice of the topic, setting the goal and objectives of this study.
aim dissertation research is the study
the possibilities of using tax instruments in the system
corporate governance in order to improve it and increase the economic efficiency of the corporation's economic activities.
In accordance with the purpose in the dissertation research
the formulation and decision of the following tasks:
– reveal the essence of corporate governance from the standpoint of a systematic approach;
– substantiate the need to use tax instruments in corporate governance;
– identify the fundamental tax instruments in the corporate governance system;
– substantiate the organizational mechanism of tax planning in the corporate governance system, highlighting tax planning as an important function of the strategic management of a corporation at the present stage;
– evaluate the practice of tax planning in corporate governance on the example Russian companies;
– adapt international experience tax planning in corporate governance;
– evaluate the place and role of tax planning in the holding company management system in order to strengthen control over the use of the tax budget;
– consider international experience in implementing legislation on
controlled foreign companies in order to determine
possibilities of its application in the Russian Federation;
– substantiate the need to use tax savings (tax shield) and tax expenses (tax burden) as important tools of tax planning in corporate governance;
– to prove the possibility of using the institute of preliminary tax clarification in the practice of relations between Russian companies and tax authorities.
Field of study. The dissertation research corresponds to the specialty 08.00.05 "Economics and Management national economy(management)”: clause 10.17. Corporate Governance. Forms and methods of corporate control. Company value management. The role and influence of stakeholders on the organization. The mission of the organization. Corporate social responsibility. Social and environmental responsibility of business.
The object of the dissertation research are tax instruments of corporate governance. Subject dissertation research are organizational, economic, managerial relations that develop in the process of managing a corporation using tax instruments.
The degree of development of the problem. General theoretical issues related to the functioning of the corporation and its organizational mechanism are reflected in the works of T.G. Dolgopyatova, R.I. Kapelyushnikova, D.S. Lvov, E. Penrose, R. Blake, K. Cameron, R. Quinn, J. Mouton, S. Handy, G. Hofstede, V.R. Vesnina, O.D. Dimova, V.V., B.Z. Milner, G. Mintzberg, L.N. Levanova, R. Coase, O. Williamson, D. North and others.
The foundations of the study of taxation and corporate tax planning are laid down in the works of domestic and foreign economists E.F. Avdokushina, L.I. Glukhareva, V.P. Klavdienko, E.A. Kasatkina, R. Dernberg, J. Karajan, K. Kaushal, J. Marshall, P. Musgrave and others.
The theoretical basis for studying the forms and methods of tax
planning in corporations served as scientific monographs and articles
famous Russian scientists-economists and lawyers: S.A. Bayeva,
S.L. Budylina, A.V. Bryzgalina, E.S. Vylkova, T.A. Guseva,
A.3. Dodasheva, S.F. Dzhaarbekova, Yu. V. Emelyanova, V. A. Kashina, S. A. Malakeeva, V.G. Panskov, A.I., Pogorletsky, L.V. Polezharova, S.M. Ryumin, A.V. Semenikhina, K.N. Sutyrina, N.M. Telyuk, M.A. Khaldina, B.A. Heifetz and a number of other authors.
Issues related to the use of individual tools
tax planning in foreign and domestic practice, in
in particular in holding companies, are studied in the works
D.V. Gololobova, A.R. Gorbunova, V.V. Lapteva, Ya.Sh. Pappe, K.Ya. Portnoy, E.A. Utkina, A.B. Feldman, I.S. Shitkina, M.A. Eskindarova and others.
Methodological and theoretical basics research.
The theoretical basis of the dissertation research was the work of Russian and foreign scientists, the data of financial and accounting reports of corporations. In order to substantiate the theoretical conclusions, the methods of systemic and comparative analysis, methods of analysis and synthesis, and statistical methods were used.
The degree of reliability of the studies. The reliability of the obtained results of scientific research is substantiated by the theoretical and methodological provisions that are incorporated in the studies of Russian and foreign scientists in the field of corporate governance, strategic and tax planning, and the formation of corporate tax budgets. The dissertation uses statistical
reporting and primary documentation of companies for 2013–2015. (CJSC "Zapchast Plus", JSC "Med Service", State Unitary Enterprise "Leasing Company").
The work used legislative and regulations on
tax matters, statistics and reports,
prepared by the Federal State Statistics Service, recommendations on taxation and cross-border movement of capital of the Financial Action Task Force on Money Laundering (FATF), the International Monetary Fund (IMF), the Organization for Economic Cooperation and Development (OECD), as well as analytical reviews prepared by by the World Bank, leading consulting firms (PricewaterhouseCoopers, KPMG, Delloite).
Scientific novelty dissertation research is
substantiation of the use of tax instruments in the system
corporate governance in terms of improving tax administration at the present stage.
The dissertation research formulated the following provisions containing elements of scientific novelty:
1. From the standpoint of a systematic approach, the essence of corporate governance is disclosed as a managing subsystem of a corporation, which includes elements (external stakeholders, shareholders, board of directors, managers and staff), which has a complex structure of their relationship and has an impact on the managed subsystem of the corporation. The latter acts as a socio-economic system of an object type. Corporate governance is based on the use of organizational, legal, economic, socio-psychological methods of management, with priority given to economic methods and instruments, among which an important role is played by tax instruments in the context of improving tax administration, allowing to identify the reserves of growth in the value of the company and increase its own funds to increase the profitability of the corporation's business.
2. Proved the need to use tax instruments
(tax planning, tax savings, tax spending,
tax budget, efficiency ratio of the total tax
savings, company tax burden factor) to develop
managerial decisions to improve the efficiency of economic
activities of corporations based on maximizing tax savings and
minimization of tax expenses in the context of improving the tax
administration.
Tax planning as an integral part of the corporate governance system is subject to the goals and objectives long term strategy corporate development within the framework of national and international tax restrictions and incentives - tax liabilities and penalties, on the one hand, and tax benefits and incentives, on the other. At the same time, the goal of corporate tax planning is to increase the capitalization of the corporation and increase the welfare of shareholders, taking into account the impact of taxes on decision-making to increase profits in economic practice. Tax planning by reducing the tax burden increases own funds not only to strengthen the stability of corporations, but also to increase the profitability of its economic activities
The necessity of organizational and managerial support of tax planning in corporations for the purpose of its effective implementation by improving the interaction of corporations with tax authorities is substantiated.
5. A methodology has been developed for the integral assessment of the effectiveness
corporate tax planning based on the budgeting model for
basis for calculating the value of the company. Company value calculation
carried out taking into account the reduced (discounted) tax benefits
savings (tax shield) and reduced (discounted) tax
expenses (tax burden) according to efficiency improvement scenarios
economic activities of the corporation, taking into account the effect of operational and financial leverage.
The calculation of the total tax savings (total tax shield) is proposed, which involves the allocation of tax savings on borrowed capital, tax savings on depreciation of new and retired assets, tax savings on linear and non-linear depreciation.
It is proved that the total tax savings (total tax shield) is a tax tool in the corporate governance system, which ensures an increase in the efficiency of economic activity and an increase in the value of the corporation. In contrast to the calculation of tax savings on borrowed capital and tax savings on depreciation available in the economic literature, the author proves the need to calculate tax savings taking into account tax savings on interest, interest payments, tax savings on new and retired assets and tax savings on depreciation methods. This tax tool allows you to identify unrecorded tax savings as an additional reserve for increasing the value of the company.
The coefficient of effectiveness of the total tax savings (total tax shield) is derived, presented as the ratio of the adjusted tax benefits (total tax savings) to the adjusted tax expenses.
9. Integral assessment of the effectiveness of the corporate tax
planning allows you to identify the impact of the tax burden on the change
the value of the company (both growth in its value and decrease). Unlike
coefficients used in corporate planning practice
tax burden, it is proposed to calculate the tax burden coefficient as
the ratio of tax payments, taking into account tax fines, penalties and
adjustments for the restructuring of tax debt to the cost
companies.
The theoretical model of the company's tax budget used in the Russian economics and practice, by incorporating the corrective impact of tax debt into tax expenditures and by relating the maximization of tax benefits to the minimization of tax expenditures.
In contrast to the company's tax budget used in corporate tax planning as a corporate management tool aimed at minimizing tax expenses, a modified model of the company's tax budget is proposed, which includes management decisions as part of a corporate strategy to increase the efficiency of economic activity. In this regard, the appointment of the tax budget as an instrument of corporate governance is not only minimizing tax expenses, but also mainly ensuring an increase in the efficient operation of the corporation, taking into account the improvement of corporate governance.
theoretical and practical significance research.
The theoretical significance of the dissertation research is determined
the relevance of the author's statement of the problem of using tax
tools to improve economic efficiency
corporate governance. The practical significance of the dissertation
research is to use theoretical provisions for
developing practical recommendations to improve efficiency
corporate governance implemented in the proposed methodology
integrated assessment of the effectiveness of corporate tax
planning based on the calculation of the value of the corporation.
The dissertation materials are used in teaching university disciplines: "Strategic Management", "Management of Organizations", "Corporate Planning", "Enterprise Economics".
The theoretical provisions of the dissertation can form the basis for the development of practical recommendations for planning and economic services and
departments of corporations in order to improve the efficiency of corporate governance through strategic and tax planning.
Approbation of the research results. The main theoretical provisions, recommendations of the dissertation research are presented at international, all-Russian and regional conferences: "City in the modern space: culture, politics, economics, law" (Saratov, 2011); "Challenges of the third millennium: forecasts, estimates, practice" (Saratov. 2011); "Socio-economic problems of labor in modern conditions" (Saratov, 2011); scientific and practical forum "We are managers" (Saratov, 2016).
Work structure is determined by the purpose and objectives of the study and consists of an introduction, three chapters, uniting nine paragraphs, a conclusion, a bibliographic list and four appendices. The total volume of work is 172 pages, including 15 tables and 15 figures.
At present, works devoted to a comparative analysis of corporate systems and corporate governance models in various countries, in particular, corporate governance models in countries with transitive economies, have become widespread. The focus of these studies, as a rule, is the problem of relations between large and minority shareholders, between shareholders and the management of a corporation, the problem of hostile corporate takeovers in conditions of insecure property rights and underdeveloped market infrastructure, etc.
The research of T.G. Dolgopyatova, conducted in 2001 and 2004, on the basis of Russian industrial enterprises13. As a result, the researcher identified four basic models of corporate governance, characterized by a specific form of control over property: Model I - "private enterprise", in which the functions of owners and managers - managers coincide; Model II - "collective managerial ownership", which is characterized by a combination of the functions of owners and managers, while the controlling stake is controlled by a group of top managers; Model III - "concentrated external ownership", is characterized by the separation of ownership and control. Under this model, there is an external owner who controls a controlling stake, while managers act as employees (in individual cases management may own minor stakes); Model IV - "dispersed ownership", in which there are practically no large shareholders and management plays a decisive role in the management of the corporation"14. The study concludes that the result of the redistribution of shareholding in Russian industrial enterprises was the predominance of the first and third models with a high level of concentration of ownership. So, according to the data provided by T.G. Dolgopyatov, at the end of 2005, about three-quarters of Russian corporate corporations had a shareholder owning a block of shares of more than 50%; by mid-2009, the share of such corporations, although it had decreased, still amounted to a significant amount - 64%15.
The level of ownership concentration underlies the classification of corporate governance models and the selection of insider and outsider models as a criterion. As shown in the work of Dolgopyatova, the vast majority of Russian corporations belong to the insider model, that is, they are characterized by a high level of ownership concentration. To designate large shareholders of such companies, a special term blockholders is used (in Western literature, the term model B or the block holder model is common. Accordingly, the outsider model includes corporations characterized by low level concentration of ownership, in which individual shareholders do not have significant decision-making power (such a model in Western corporate governance practice has been designated the W model or the widely held corporation model). It should be noted that the predominance of model B in the Russian corporate sector should not be considered as a permanent phenomenon: with a change in the socio-economic situation in Russia, the process of “dispersal” of ownership and the transition to an outsider model is quite possible.
Another popular area of economic research is the study of the relationship between corporate performance (value based management, VBM). According to this model, value is defined as the sum of discounted future cash flows generated by the organization. The fundamental difference between VBM and the classical management concept is that the management strategy is focused on maximizing the value of the company, rather than current profit. In accordance with the VBM concept, classical accounting criteria are limited and do not allow a correct assessment of the efficiency of a corporation's business. Among the main limitations of traditional financial reporting are: focusing on past, achieved results, and not on future development; the impossibility of assessing the stability of the financial results of the corporation; it is impossible to trace the dynamics of the value of the corporation.
According to the concept of management, the value of the corporation, its top management should be focused on making those management decisions that strengthen not only the current business model, but also create the foundation for the long-term sustainable development of the corporation. There is a strong link between the value of the corporation and its cash-generating business model. In order to assess the value of a corporation, the so-called Tobin Q indicator, indicators based on stock exchange data, financial and cost indicators, and the growth potential index are widely used. market value companies, etc. The use of these indicators in correlation analysis allows you to establish the relationship between the value of the company and the effectiveness of the applied business model of corporate governance16.
Vylkova tasks, it is necessary to develop internal rules (standards) that regulate the process of tax planning in detail and allow achieving high-quality and timely results.
Within the framework of the internal rules (standards) of the organization, the following is determined: goals and objectives of the tax planning process; Expected results; requirements for the quantity and quality of resources necessary to achieve the goals; the circle of participants in the process and the content of their functional duties; the procedure for organizing documentary control of tax planning; the content of the criteria for assessing the quality and effectiveness of tax planning and the procedure for such assessment (monitoring).
The goal of the tax planning process is to achieve the indicator net profit corporations (the level of tax burden) at a level that meets the expectations of owners and external investors. The result of the tax planning process is the net profit (tax savings) accumulated by the corporation for reporting period, as well as changes in indicators characterizing its financial and economic activities.
Resource support for the tax planning process includes information - methodological, legal, organizational and technological resources attracted from internal and external sources (services of consulting and audit firms).
The main functions of the tax planning process include: - systematic monitoring of tax legislation, as well as comments to it by experts in tax law, business practice and decisions of arbitration courts on standard disputes; - development of tax optimization schemes and forms of organization of transactions between the corporation and its counterparties and controlled companies; - forecasting the amount of corporate tax liabilities and assessing the risks associated with the implementation of the planned tax optimization schemes, forms of organizing transactions; - monitoring the timeliness and correctness of the fulfillment of obligations on tax payments, including by drawing up a schedule for the fulfillment of these obligations and dynamics financial resources organizations; - identifying the causes of significant deviations in the results of the financial and economic activities of the corporation and the amount of tax payments from their average statistical values for previous periods; - assessing the effectiveness of the tax planning tools used, the nature and degree of their impact on the achievement of organizational goals. A key role in the process of tax planning is played by its participants, which are understood as a structural subdivision of a corporation or a specialist performing the relevant functions. In addition to the main participants in the process, which are defined in the document regulating the tax planning process, auxiliary participants are distinguished, i.e. structural subdivisions and specialists who are not directly involved in the process, but provide information, technological and other types of support. The researchers note that in the foreign practice of financial management there is an approach to creating their own structural units, bringing together highly professional specialists in the field of tax planning. Moreover, this approach is inherent in both companies in the financial sector and industrial enterprises. At the same time, as noted, in Russia this approach has not been dominant so far, only a limited number of domestic companies (as a rule, focused on foreign economic activity) have tax authorities in my own way resource provision and performed functions comparable with foreign analogues. There is also a shortage of qualified specialists performing tax planning functions59.
The positions of Russian scientists are divided in deciding the issue of organizing the management of the corporate tax planning process. V. V. Muravyov expresses the idea of the expediency of creating three independent divisions in the structure of corporations, the main tasks of which, respectively, include: the implementation of tax planning, the implementation of the tax plan, and the conduct of internal tax control. D. Yu. Melnik, relying on foreign experience, believes that a financial manager should coordinate the work of at least two structural units: accounting and legal services. At the same time, the position of the internal audit service should be independent in the corporate governance structure60. A. N. Medvedev expressed the idea of the need to address tax planning issues on the basis of an interdisciplinary approach that involves bringing together specialists of various profiles and belonging to different levels of the managerial hierarchy.61
Thus, both examples show that the application of the special tax regime makes it possible to reduce the real tax burden enterprises 5 times. In fact, even the payment of such an insignificant tax can be avoided if a Cypriot company leases intellectual property objects from a company registered in a classic offshore (in this case, these objects can be transferred on the basis of a sublease agreement for use by companies - residents of other countries, for example, the Russian Federation), which is the owner of these objects.
On the territory of Russia there are also territories with special administrative and tax regime– special economic zones or free economic zones, which are widely used in international tax planning.
Unlike offshore areas, special development areas or SEZs serve fundamentally different purposes - their creation is aimed at developing priority sectors of the economy (as a rule, industry, high technology, tourism, and the provision of transport and logistics services) and is an instrument of industrial and innovation policy of the state. In some cases, special development areas are created in depressed areas that have faced the consequences of economic crisis with the aim of restructuring their economies and putting them on a path of sustainable development. The United States and Great Britain, which faced the problem of high unemployment in the regions of the coal mining industry in the late 1970s, have experience in creating such territories.
Tax and other types of benefits apply only to companies that are residents of the zones, the rest of the country has a normal tax regime, so sometimes such territories are referred to as “internal offshore”. In Russia, the history of the creation of such zones dates back to the early 90s, when the economic favored zone "Ingushetia" and the SEZ in Kalmykia were created. However, the creation of these zones did not achieve the desired result; for Russian companies, these territories became a convenient and legal tool for avoiding taxation without making real investments and expenses aimed at developing their infrastructure, industry, etc.
A new stage in the development of free economic zones in Russia is associated with the adoption federal law"On special economic zones of the Russian Federation" in 2005. Initially, this law provided for the creation of three types of zones on the territory of the Russian Federation: industrial-production, technical and innovative, and tourist-recreational. Subsequently, the fourth type of zones was enshrined in the law - port zones. To date, there are 17 special economic zones in Russia, of which 6 are of the industrial production type, 5 of the technical innovation type, 4 of the tourist and recreational type, and 2 of the port and logistics zones86. The creation of these zones is aimed at creating conditions for the development of import-substituting industries (industrial -production zones), high-tech clusters of the economy (technological innovation), domestic tourism (tourist and recreation) and transport and logistics hubs mediating international transport of goods (port). In order to attract investments, incl. foreign companies - residents of the zones are offered an impressive package of tax and financial benefits, which include benefits for the payment of income tax, the abolition of land and transport taxes, etc. The full set of benefits available to residents can be considered on the example of a special economic zone of an industrial production type (IP SEZ) Lipetsk, which has been operating since 2005 and is, along with the IP SEZ Alabuga, one of the most successful projects of this type87.
Currently, the main activities of the Lipetsk SEZ are the production of power equipment, machinery, equipment, auto components, the production of household appliances, medical equipment, as well as construction, bio- and nanomaterials materials. Residents of the zone are 23 companies, including well-known international brands: Yokohama LLC (Japan) - production of car tires, SEST-LUVE LLC (Italy) - production of heat exchange equipment, Bekart-Lipetsk LLC ROSOEZ: http:// www.russez.ru/ Official SEZ "Alabuga": http://www.alabuga.ru/ (Belgium) - production of steel cord and bead wire. Residents of the zones can count on the following tax benefits (table 10).
The obligation to pay a fine in the amount of 100,000 rubles arises for a company or individual in the event of: unlawful failure to submit a notice of controlled foreign companies, submission of false information in a notice of controlled foreign companies; - failure to provide the tax authority with the information necessary for tax control, expressed in the refusal of the controlling person to submit the documents available to him, as well as other evasion from the submission of such documents or submission of documents with knowingly false information.
For unlawful failure to submit a notice of participation in foreign organizations, submission of false information in a notice of participation in foreign organizations, a fine of 50,000 rubles is due.
At the same time, in accordance with the transition period for tax periods 2015-2017, the liability provided for in Article 129.5 of the Tax Code of the Russian Federation does not apply.
In addition to tax fines, criminal liability can also be applied to violators: for tax evasion from an individual (Article 198 of the Criminal Code of the Russian Federation) and organizations (Article 199 of the Criminal Code of the Russian Federation). Criminal liability for acts related to non-payment or incomplete payment of tax amounts as a result of non-inclusion in tax base in 2015-2017, CFC profits do not occur if the damage caused to the budget as a result of the crime is compensated in full.
Noting the positive aspects associated with the adoption of amendments to the tax legislation (growth of the tax base and budget revenues, increased transparency and accountability of activities Russian taxpayers), a number of negative consequences should also be noted.
The implementation of the provisions of the law will lead to a significant increase in the costs of Russian companies for tax administration related to the identification and reporting of CFCs. As noted in the Ernst & Young analytical note, “the calculation of the taxable base in accordance with the rules of Chapter 25 in the absence of exemptions for income from “active” operations will create an unprecedented burden on Russian organizations that carry out active operations abroad in jurisdictions that can be recognized as low-tax”97.
An additional factor in the growth of administrative costs for the taxpayer will be the need to translate all documentation submitted to the tax authorities into Russian. It should also be noted the significant amount of fines provided for incomplete calculation of taxes on the basis of CFC rules, which amount to 20% of the tax amount for legal entities and individuals. At the same time, the law does not provide for any relief in cases where the underpayment of tax is not intentional and occurs due to: - the uncertainty of the legislation (very likely, given the fact that companies will need a long adaptation period to master the new rules; - the ambiguity of certain provisions of the law or the impossibility of obtaining information due to the insufficient influence that a Russian person may have on a foreign organization.It should be noted here that the 10% ownership threshold defined in the law is extremely low and often does not allow a shareholder to exercise control over a foreign organization.
Finally, it should be said that the law provides for strict deadlines for providing tax reporting on CFCs that do not take into account the terms
Further development of the provisions of the law and the prompt introduction of amendments based on monitoring the results of its application in 2015-2016. is an important condition for the successful application of the law in the future. In order to obtain the expected results from the introduction of innovations aimed at combating tax evasion using gray optimization schemes, it is necessary to build effective mechanisms for interaction between tax authorities and taxpaying companies. Among such mechanisms is the practice of preliminary tax clarification, which has become widespread in Western countries.
Improving the assessment of the effectiveness of tax planning in corporate governance is based on the development of a tax budgeting model. One of the tasks of tax budgeting should be not only to systematize the calculation of tax payments, but also to increase the efficiency of tax optimization in terms of the tax burden and tax shield in order to support the economic growth strategy of the taxpaying enterprise.
Improving the assessment of the effectiveness of tax planning on the basis of tax budgeting should become the most important way to improve the efficiency of managing tax payments in order to increase the profitability of the economic activity of a taxpaying company. This, in turn, involves not so much balancing tax benefits and tax expenditures as ensuring the maximization of tax benefits while minimizing tax payments. Without maximizing tax benefits and minimizing tax payments, it is difficult to increase the efficiency of economic activity based on the company's own internal economic growth potential.
In the process of planning the company's internal economic growth for the next year, when developing budget plans, maximizing tax benefits and minimizing tax payments should be allocated within the tax budget. The essence of our approach lies in the fact that this focuses not only on minimizing tax payments, but on the implementation of a corporate strategy to increase the profitability of economic activity. For example, an efficiency improvement strategy should note that in the planned future, the company will increase production and sales volumes to a greater extent at its own expense, especially by maximizing the reinvested part of net profit, which means an increase in the role of tax benefits in the form of depreciation, especially when using types accelerated depreciation. The second important effect of the tax benefit should be used tax savings on income tax on interest payments from external debt financing.
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Tax planning is the most important element of the taxation management process at the enterprise, since the financial position of the enterprise directly depends on the quality of its implementation, not only in the current period, but also in the long term.
Planning - this is not a one-time event, but a continuous process associated with the systematic setting of goals and the preparation of measures necessary to achieve them. Planning involves the definition of targets that are formed by the higher system and the external environment. For tax planning at the enterprise level, these are the general strategic and tactical goals of the organization, as well as the tax doctrine of the state.
For each enterprise, the goals of tax planning and ways to solve them may be different. At the same time, it is possible to formulate a number of fundamental principles of tax planning that determine general approach to the definition of planning goals and ways to achieve them.
1) Legality, that is, compliance with current legislation;
2) Knowledge and thorough study of positions tax authorities, as well as judicial and arbitration practice in all aspects tax offenses relating to tax planning and optimization;
3) Perspective, that is, foreseeing the consequences of applying various methods and schemes of tax optimization;
4) Staged planning;
5) Preliminary calculation of the financial implications of planning, namely: calculation of options for tax amounts based on the results general activities in relation to a specific transaction or project, depending on the various legal forms of its implementation;
6) Individuality of tax planning;
7) Collegiality in deciding on the methods and forms of tax optimization - tax planning is a joint work of an accountant, lawyer and tax manager.
In view of the foregoing, a number of general goals of corporate tax planning can be formulated:
1) Compliance with tax laws;
2) Optimization of tax payments from the standpoint of the overall strategic and tactical goals of the organization;
3) Flow control Money;
4) Development of structures of mutually beneficial transactions.
In modern Russian and foreign economic literature, attempts are being made to classify tax planning systems depending on the type of systems tax law in a given country, the degree of legality of planning, using or not using tax minimization methods.
Based on two systems of tax law (Anglo-Saxon and Romano-Germanic), two systems of tax planning are distinguished.
In the Anglo-Saxon system, tax planning is understood as such an organization of an enterprise's activities in the field of taxation, which ensures the minimization of tax liabilities for a certain period without violating the law.
In the Romano-Germanic system, tax planning consists in choosing various options for carrying out the activities of an enterprise and locating its assets in order to achieve the lowest possible level of tax liabilities.
In Russia, tax planning uses elements of both systems. In practice in There are three types of tax planning in Russia.
- Classical tax planning.
- Optimization tax planning.
- Illegal tax planning.
Let's take a closer look at each of these types.
Classic tax planning - consists in the correct and timely payment of taxes. The content of classical tax planning is the organization of proper tax accounting and reporting, planning economic activity within the limits specified by law, and timely payment of taxes.
Classical tax planning is essential part financial and economic activities of the enterprise, aimed at the correct fulfillment of tax obligations to the state, timely and full payment of taxes and fees.
For the purposes of classical tax planning, it is very important to carry out the correct accounting policy at the enterprise and organize its normal implementation. It is necessary to accurately and competently maintain accounting and tax records. It is important to avoid methodological errors in accounting and tax accounting, especially in the context of constant changes in legislation. The main attention of the personnel responsible for tax accounting should be focused on avoiding accounting errors in transactions with a large turnover. financial resources, with one-time capital-intensive and non-standard transactions. Such errors are quite common and can lead to serious financial consequences.
An important requirement of classical tax planning is the mandatory and clear execution of primary accounting documents in accordance with the rules accounting.
Within the framework of classical tax planning, an enterprise must competently use all possible simple and affordable benefits, including benefits for tax payment installments and tax credits.
Classical tax planning itself consists in the formation of financial resources for paying taxes and linking specific tax payments to the tax calendar, that is, to the established tax legislation deadlines for paying taxes.
Optimization tax planning - this is an activity within the framework of the law that allows you to get the minimum ratio of the taxpayer's tax expenses to his income. When optimizing tax planning, the taxpayer uses all the advantages and disadvantages of existing legislation, including its inconsistency. At the same time, it implements some tax optimization schemes that allow the use of such forms of economic activities, the taxation of which is minimal.
In addition, optimization tax planning involves a qualitatively different approach to organizing all the activities of the enterprise and doing business.
To the usual criteria for building a business, such as making current profits and increasing the value of assets, it is necessary to add and constantly take into account the criterion of minimizing taxes. It is necessary to analyze tax problems and ways to solve them from the very beginning of business planning. The main mistake of entrepreneurs who want to engage in tax optimization planning is that they first develop the organizational and financial scheme of their business, begin its implementation, and only then try to optimize tax payments within the framework of the finished scheme.
In practice, tax planning should be integral part general financial planning of the organization's activities from the very beginning of this activity, from the stage of strategic planning.
The development and implementation of tax plans contributes to understanding the situation on the market and at the enterprise and is the basis for making effective decisions in the future.
Illegal tax planning - this is an activity in which the taxpayer uses illegal methods in order to reduce tax payments. From the point of view of direct financial benefit, this is more profitable, but it creates the possibility of very adverse consequences for the taxpayer.
Unfortunately, in modern Russia this type of tax planning has become quite widespread. In a number of activities, especially when exporting and importing goods, violations of tax and customs legislation are well organized and systematic.
The types of specific violations of tax regulations are very diverse - this is work without registration with the tax authorities, without reporting and, accordingly, without paying taxes, various accounting violations, simply non-payment of taxes, various kinds of substitution of documents and fraud with cash registers, chains of legal entities, some of which quickly disappear.
Direct violations are carried out by various actors entrepreneurial activity differently:
Small businesses usually manipulate cash, accounting and reporting;
Medium-sized enterprises operate with various cash-out schemes - mainly through their subcontractors and counterparties;
Large enterprises use a variety of tax intermediaries, as well as specially created controlled or short-lived enterprises that are built into financial chains and, disappearing quickly enough, do not pay taxes at all.
All these violations led to the existence of a shadow sector of the economy not controlled by the state, the volume of which is estimated by various sources from 25 to 50% of the gross domestic product.
The reasons for the massive spread of illegal tax planning are quite diverse.
The most important is ill-conceived policy economic reform with its focus on the so-called "liberal" model market economy. The refusal of the state within the framework of this model from the social support of the majority of the population, the proclamation of the principle “Everything that is not prohibited is allowed”, led to a completely natural reaction of many taxpayers: since the state does not care about us, why should we care about the state and pay taxes?
During the years of reforms, the state so often deceived the population that this led to a certain social attitude, which can be defined as an unwillingness to pay taxes. In fact, when a citizen or organization pays taxes, they do so by overcoming their reluctance. The logic here is simple: why pay taxes if about 30% of the budget expenditure goes to pay external debt country to which the taxpayer has nothing to do, and the state cannot ensure the elementary rights of the taxpayer, primarily the right to life and a secure existence.
There are many other real factors that do not contribute to the payment of taxes:
Low efficiency of Russian enterprises;
Low standard of living and solvent demand of the population;
Simplicity and relative uncontrollability of work with cash;
Corruption and bribery.
Public authorities, of course, have information about the tax problems associated with the shadow economy.
The reaction of the legislative and executive authorities manifests itself in two forms.
1) Direct opposition associated with the use of prohibitions on certain types of activities, tougher tax sanctions, criminal liability, the creation of special bodies to combat such offenses (in particular, the creation of the so-called "financial intelligence"), etc.
2) A comprehensive study and study of the problems of tax evasion in order to develop an appropriate state policy in the field of taxation.
The first direction corresponds to the solution of current practical problems, the second - to the solution of strategic problems.
Unfortunately, the second direction is developing rather weakly, so far in Russia a long-term tax doctrine has not been formed, hence the shyness in the course of the tax reform, in the practice of tax administration.
Choice of types of tax planning. The application of one or another type of tax planning by an organization depends on many different factors: the size of the enterprise, types of activities, the share of mandatory payments in the value added of the company. In practice, such a concept as the full rate of taxation is often used as one of the criteria for choosing the type of tax planning.
The full rate of taxation is understood as a value that characterizes the tax burden on an enterprise, calculated as the ratio of tax payments due to be paid to the value added produced by the enterprise.
Based on its size, the following recommendations can be made on choosing the type of tax planning:
If the total tax rate is 10-15%, then it is advisable to use classical tax planning;
If the full tax rate is 20-35%, then it is advisable to use optimization tax planning, but using passive elements of tax planning, without the use of special schemes and programs.
If the full tax rate is 40-50%, then it is necessary to use optimization tax planning with tax examinations, strategic tax planning, and the creation of special tax planning units.
The first approach is usually used by small enterprises, the second and third are used by medium and large enterprises.
The transition to optimization tax planning allows to increase financial stability enterprises, reduce penalties, increase the security of management in connection with the use of legitimate methods of tax optimization.
Organization of tax planning. Considering the particular importance of tax planning for enterprises, planning requires an appropriate approach and the creation of certain organizational structures. These organizational structures for different enterprises can differ significantly. The previous section provides an example of an organizational structure for tax planning within an overall corporate tax management system. But it is fundamentally important that taxpaying organizations single out tax planning as a separate area of work, separating it from the work of accounting for the calculation and payment of taxes, the preparation of accounting and tax reporting. This separate direction should have its responsible executor. At small enterprises, it is possible to combine tax planning functions with other financial and accounting functions. In medium-sized organizations, it is desirable to allocate a separate employee. In large companies, it is advisable to have a department (subdivision) of tax planning. In practice, in large Russian organizations tax planning is often carried out by employees of the internal audit and control service.
Optimization tax planning, as a purposeful activity, is implemented in practice in the form of a series of successive stages. The following tax planning procedure can be recommended, which is quite optimal for most organizations:
Analysis of economic activity.
Identification of the main tax problems.
Search for ways to solve tax problems.
Development and planning of tax schemes.
Preparation and implementation of tax schemes.
Inclusion of the results in reporting and waiting for the reaction of the control authorities.
The final result of tax planning in the sense of the full implementation of the tax scheme and obtaining tax savings will be achieved after the recognition of the correctness of the taxpayer's economic behavior model by the tax authorities, that is, in the absence of a negative reaction from these authorities.
Depending on the size of the organization and the type of its activity, optimization planning can be done constantly, occasionally or with some frequency. However, there are certain moments in the activities of the organization when tax planning is vital.
1. Planning activities for the next year (taking into account changes in tax legislation for the next year). Taking into account the ongoing tax reform in the Russian Federation, almost every year begins with a major change in tax legislation. Therefore, when preparing financial plans for the next year, enterprises need to analyze future tax changes and make appropriate adjustments to your plans.
The organization of work on tax planning should ensure close contact between experts (lawyers, auditors, tax consultants) and responsible employees of the enterprise (financiers, accountants, lawyers).
2. When preparing large projects and transactions. Large projects and transactions are costly and offer significant benefits. The source of financing for such projects may be the profit of the enterprise or the costs attributable to costs. The difference in income taxation in these cases can be significant. Equally important is the definition of ownership of new assets and how profits are determined. The tax consequences of various alternatives to such transactions may differ significantly from one another. Given the significant changes in the tax system of the Russian Federation, the issues of reverse withdrawal of investments and income received require serious justification.
3. When planning investments and creating a new business. New business should be accompanied by full tax planning. It is necessary to analyze the risks of gross tax errors. Tax planning must be included in the overall business plan in the "Financial Plan and Risk Assessment" section.
Unfortunately, nowadays many business plans contain a very simplistic approach to tax analysis. Often, when analyzing financial flows, whole types of taxes are not taken into account - value added tax, sales tax, taxes on wages, customs payments, etc. While tax payments can range from 10 to 40% of all costs. In practice, this is often caused simply by a misunderstanding of the importance of the problem or by a failure to fully analyze taxation.
Methods of tax planning. The literature on tax planning provides a very extensive list of methods (methods, forms) of tax planning.
Tax planning methods can be divided, first of all, according to the so-called organizational feature, namely: whether this method is implemented at the enterprise itself, or for its implementation, the main activity must be transferred to other enterprises.
The methods of tax planning implemented within the framework of one enterprise include:
1) use of opportunities accounting policy enterprises;
2) use of certain tax exemptions and exemptions;
3) tax planning through an agreement;
4) the use of special tax regimes within their jurisdiction (for small businesses, in particular, the use of a simplified taxation system);
5) special tax planning methods (relationship replacement method, relationship separation method, deferred payment method, etc.).
To the second group of tax planning methods that use the creation or involvement of other legal entities to implement the main commercial activities, relate:
1) the use of special tax regimes or benefits in the jurisdictions of other constituent entities of the Russian Federation and foreign jurisdictions (registration in closed administrative-territorial entities or in offshore zones);
2) preferential enterprise method;
3) transfer (transfer) of price - the use of a chain of legal entities, the main profit from whose activities is derived at the stage of passing funds through a legal entity with the lowest taxation;
4) transfer of the main activity of the enterprise (crushing, multiplication) - involves the merger of several enterprises into one, or the division of the business into several enterprises.
Let's take a closer look at some of these methods.
Tax planning through the order on the accounting policy of the organization - formation of accounting policy is the most important element of optimization tax planning. The accounting policy of an enterprise is a set of accounting methods. Qualified study of the order on accounting policy allows the company to choose the best accounting option, get some savings when paying income tax, property tax, unified social tax and a number of others. The significance of the accounting policy has increased even more in connection with the introduction of chapter 25 "Organizational income tax" of Part II tax code RF. An independent accounting system has been legally established - tax accounting, which is based on fundamentally different principles than accounting. The main tasks of tax accounting are the formation of complete and sufficient information on the procedure for generating income and expenses of an organization that determines the tax base, in the manner determined by Chapter 25 of the Tax Code of the Russian Federation. In this regard, the formation of an accounting policy for the purposes of accounting and tax accounting seems to be a very important and difficult task. The order on accounting policy, as a rule, regulates the following issues:
Method of determining revenue (profit) - method of recognition of income for taxation purposes;
Finished product evaluation method;
Method of accounting for production costs;
The procedure for calculating depreciation of fixed assets;
The procedure for the distribution of general business expenses;
Goods accounting method;
Norms for transferring the initial cost intangible assets on the costs of production and circulation;
The procedure for accounting for work in progress;
The procedure for accounting for deferred expenses;
The method of assessing debt on received credits and loans;
List of created funds and a number of others.
Let's consider a number of accounting policy provisions that can significantly affect taxation.
The method of recognizing income (revenue) for tax purposes - Chapter 25 of the Tax Code of the Russian Federation suggests the possibility of using two methods of recognizing income for tax purposes - cash and accrual (previously they were called "on payment" and "on shipment"). The difference between these methods was that under the second method, the enterprise received the tax base and the obligation to pay tax, often before the real money was transferred to it. It has traditionally been considered that the method of determining revenue "on payment" is more profitable from the point of view of taxation. Article 271 of the Tax Code of the Russian Federation provides for the use (with a few exceptions) for the purposes of taxation of profits of the accrual method.
At the same time, Chapter 21 "Value Added Tax" of the Tax Code of the Russian Federation establishes independent and independent of income tax methods for determining sales for tax purposes - by shipment and by payment.
Therefore, in the order on accounting policy there should be two independent items for profit and for VAT.
Assessment Method production stocks- in accordance with the Regulation on accounting and financial reporting in the Russian Federation (approved by order of the Ministry of Finance of the Russian Federation of July 29, 1998 No. 34N), PBU 5/98 “Accounting for inventories”, art. 268 of the Tax Code of the Russian Federation determination of the actual cost material resources written off for production, it is allowed to use one of the following methods for estimating reserves:
At the cost of first-time acquisition (FIFO);
At the cost of the most recent acquisition (LIFO);
At an average cost.
In conditions of high inflation, the use of the LIFO method makes it possible to reduce income tax by increasing the cost of production, while the tax base for property tax increases, which leads to an increase in property tax. Therefore, in each specific situation, appropriate calculations and the choice of the optimal option in terms of total taxation are necessary.
Choice of depreciation method for fixed assets. In accordance with paragraph 1 of Art. 259 of the Tax Code of the Russian Federation, taxpayers have the right to charge depreciation in two ways:
Linear method;
non-linear method.
When forming an accounting policy for tax purposes, it is advisable to consider the application of a particular method. It should be borne in mind that the linear method in accounting and the linear method in tax accounting are very close. In order to simplify accounting and tax accounting, it is advisable to use similar depreciation methods.
When choosing a non-linear depreciation method, you can use the following recommendations:
1. Nonlinear Method it is advisable to use it in relation to fixed assets with a high obsolescence rate (for example, computer equipment, which, as a rule, becomes obsolete within 3-5 years).
2. The method is relatively effective for fixed assets with a relatively short life cycle (about 5-7 years) - it is advisable to get a tax effect within 2-3 years, after which they sell the fixed assets.
3. The non-linear method is ineffective for fixed assets with a long useful life (12-15 years), since economical effect, "stretched" for several years, can be eaten up by inflation.
In addition to choosing a depreciation method, certain advantages in tax planning are provided by the possibility of establishing the useful life in each of the depreciation groups on the upper or lower border (for example: the first group - from 1 to 2 years, the fifth group - from 5 to 7 years, the ninth group - from 25 to 30 years). Obviously, the transfer of the value of depreciated property to expenses over, for example, 3 years instead of 5 years allows you to quickly take into account these amounts for tax purposes.
Application of privileges and exemptions - is one of the most effective tax planning tools.
In accordance with Art. 56 of the Tax Code of the Russian Federation, a tax benefit is an exclusive opportunity provided by tax legislation for full or partial exemption from tax if there is an object of taxation, as well as other mitigation of the tax burden for the taxpayer.
There are four types of tax incentives:
1) provided to individual taxpayers - in the form of a combination of the following benefits, tax holidays, etc.; 2) provided for the object of taxation - in the form of exemptions, discounts, etc.;
3) at rates - in the form of rate reduction;
4) by payment terms - in the form of later payment terms, tax credit.
The first group of benefits is provided only to certain categories (for example, public organizations of the disabled, small businesses, etc.). The remaining three types of benefits apply to all taxpayers. These types of tax benefits can be provided in various forms:
1) tax exemption;
2) withdrawal from the taxable base of certain parts of the object of taxation;
3) establishment of a non-taxable minimum;
4) deduction from the taxable base of amounts, as a rule, of the expenses of the payer;
5) reduction of tax rates;
6) deduction from the tax salary;
7) refund of previously paid tax;
8) change of the deadline for payment of tax (deferred and installment payment of tax).
It must also be taken into account that, in accordance with paragraph 2 of Art. 56 of the Tax Code of the Russian Federation, the use of benefits is the right of the taxpayer, and not an obligation, that is, an enterprise may refuse to use benefits if it is not economically profitable. Practice shows that taking into account even the most insignificant benefits provided by law can have a great effect on tax optimization. This requires an analysis of all the possibilities of using benefits for each tax.
Tax planning through a contract - as a rule, the object of taxation arises from the taxpayer's transactions made on the basis of an agreement. A legally competently drawn up contract is a guarantee of successful achievement of the goals and objectives set by the enterprise, including the optimization of taxes, as well as the effective protection of its rights and legitimate interests. In this regard, the work on the contract is one of the main tools for tax optimization planning. Therefore, at the initial stage of tax planning, it is necessary to take into account all economic and legal aspects that affect the taxation regime of operations and transactions. The most important factor here is the tax-legal analysis of the contract. This is a complex work and it should be carried out by specialists of the legal service together with financial and accounting services and tax consultants.
When planning a transaction, it is advisable to perform a number of operations aimed at preventing adverse (including tax) consequences.
1) Analysis of the parties to the contract - determining the status of the counterparty of the enterprise (legal or natural person, entrepreneur, separate subdivision) under the contract affects the correct organization of tax and accounting. Establishing the legal status of a party to an agreement makes it possible to determine two important tax points: whether the counterparty is a VAT payer, and whether the enterprise has an obligation to withhold tax at the source of payment.
2) Analysis of the type of activity - is necessary, first of all, when concluding contracts for types of activity, the implementation of which is possible only on the basis of a license or other similar documents. The absence of a license, in addition to civil law consequences (when the contract can be declared void), may also entail adverse tax consequences.
For example, one of the mandatory conditions for attributing the costs of training and retraining of personnel to expenses that reduce the tax base for income tax is the availability of state accreditation (license) for educational institution. The absence of this document makes the attribution of costs to expenses unlawful and ultimately leads to the application of financial sanctions.
3) Analysis of the subject of the contract - the tax consequences of choosing the form and subject of the contract are assessed. It is necessary to clearly define what kind of contract it is - the provision of services, contracts, sales, commissions, etc. A clear definition of the subject of the contract is necessary for the correct organization of accounting of transferred material assets, work and services performed.
To avoid problems in determining the subject of the contract, it is necessary to be guided by the wording that meets the requirements of Chapter 25 of the Tax Code of the Russian Federation. For example, work that has the character of long-term capital investments should not be called overhaul in order to classify them as expenses that reduce the tax base for income tax.
4) Analysis of the date of the transaction under the contract - the text of the contract must clearly fix the date of the transaction, stipulated by the contract.
The date of the transaction relates to the following aspects:
Legal, as it determines the transfer of ownership of property;
Accounting, since it sets the date for the recognition of expenses and income in accounting;
Tax, because it determines the date of recognition of expenses and income in tax accounting.
The exact determination of the date of the transaction allows you to set for the buyer the moment when the purchased goods are credited to the accounting accounts and the moment when the corresponding costs are included in the costs. For the supplier, the date of the operation means the moment of its reflection on the sales accounts and accounting for tax purposes.
5) Analysis of the procedure for determining and forming the contract price. When conducting an analysis, it must be taken into account that since material values, works, services are accounted for in different accounts, their valuation in the contract must be made separately.
If the price of a product is expressed in a currency foreign country, and then the amount of proceeds is converted into rubles on the date of sale, it is necessary to specifically stipulate and control the moment of transfer of ownership. This is especially true for export operations, where the terms of delivery according to INCOTERMS apply.
When analyzing a draft contract where the price is set in conventional units, it is necessary to assess the feasibility of such a price determination, as this causes additional difficulties with accounting and tax accounting. In the case when such an approach is necessary, it is advisable to develop in advance a methodology for accounting and taxation of such a transaction.
When planning a transaction, it is also necessary to analyze the compliance of the applied prices with the requirements of Art. 40 of the Tax Code of the Russian Federation "Principles for determining the price of goods, works or services for tax purposes".
6) Measures of responsibility of the parties under the contract. Items of the contract that provide for sanctions for violation of payment terms, terms, quality, etc. are subject to careful study and evaluation. This is due to the introduction of Chapter 25 of the Tax Code of the Russian Federation.
According to Art. 250 of the Tax Code of the Russian Federation, income for the purposes of taxation of profits includes, among other non-operating income, in particular, income in the form of fines, penalties and (or) other sanctions for violation of contractual obligations, as well as amounts of compensation for losses or damage (clause 3 of article 250 NK).
When working out this clause of the contract, it is necessary to evaluate its economic feasibility or formulate it in such a way as to avoid problems with obtaining it.
In addition to the above aspects of the contract, it is necessary to take into account other aspects that are insignificant at first glance. The inclusion in the contract of certain provisions that practically do not affect its execution can bring a significant effect in tax optimization planning.
In addition to the listed tax planning methods, a number of special methods are used in practice.
Consider the second group of tax planning methods that use the creation or involvement of other legal entities or individuals.
offshore method - this is a set of methods based on the transfer of the object of taxation under the jurisdiction of a softer taxation regime.
There are several ways to do this transfer. In the usual sense, an “offshore” is a state or other legally separate territory that attracts entrepreneurs under its tax jurisdiction foreign countries by providing the maximum possible tax benefits.
The territorial offshore method consists in transferring the object of taxation (activities as a whole, individual components, property, etc.) to a territory that has a more preferential taxation regime. In the literature, when analyzing such territories, the following zones are usually distinguished:
1. Free trade zones - compact territorial formations outside the control of the national customs territory, specializing in the storage and processing of imported goods in accordance with market conditions.
2. Industrial and production zones are territories with a special customs regime, where certain tax and other types of benefits are provided to enterprises that produce export-import products.
3. Techno-innovative zones. A characteristic feature of such a zone is the combination of scientific and production activities around a major research center or university in order to mobilize all kinds of resources to accelerate the introduction of scientific and technological achievements and new technologies into production.
4. Service zones - specialize in providing business and information services.
5. Complex zones - the most common in practice. In such zones, different orientations of investors are encouraged - trade, production, development and service functions are combined here.
The legal basis for the functioning of territorial offshore mechanisms in Russia is the principle of territorial tax residency adopted by the legislation of the Russian Federation, namely: restriction of the effect of tax legislation to a certain territory - the territory of the Russian Federation, the territory of a subject of the federation, the territory subordinate to a local authority,
foreign offshore companies. Theoretically, any citizen of the Russian Federation has the right to establish a legal entity on the territory of a foreign state that represents the maximum tax benefits, from transactions with which a Russian enterprise can receive tax-free profit and dispose of it, practically without paying taxes.
In Russia, there is no special legislation regulating offshore business. However, in practice, such activities of Russian enterprises are significantly limited by the current legislation on currency control and currency regulation. In accordance with the Law of the Russian Federation of October 9, 1992 "On currency regulation and currency control", many types of currency transactions (from direct and portfolio investments to the provision and receipt of financial loans for a period of more than 90 days) are not allowed to be performed by residents of the Russian Federation without a license from the Central Bank. Amendments to the law, adopted in 2002, significantly increased control over the transfer of foreign currency to offshore zones.
The application of this method requires the involvement of highly qualified specialists, including international law. When establishing a foreign offshore company, it is necessary to clearly understand the purpose of tax optimization planning and possible ways to implement it. Considering that the creation of such a company and the planning of its activities requires quite large expenses, it is necessary to take into account all the pros and cons of such activities in advance.
Russian offshore. "Russian offshore" is a subject of the Russian Federation or a separate administrative unit that provides additional tax benefits within the limits of the amount of taxes received in local budgets certain categories of taxpayers.
Currently, in connection with the introduction of Part I of the Tax Code of the Russian Federation and the introduction of significant changes to the law of the Russian Federation "On a closed administrative-territorial formation", offshore activities of preferential taxation zones at the local level, previously formed in Closed administrative-territorial formations (ZATOs), are practically paralyzed. Obviously, further development of zones of preferential taxation on the basis of ZATOs has no prospects.
At the same time, despite serious limitations, the method of using Russian offshores, formed by the authorities of the constituent entities of the Russian Federation, can bring certain results. The possibility of reducing the income tax rate and partial exemption from paying regional and local taxes seems to be a very attractive goal of tax planning.
However, when using this method, it is necessary to be very careful when registering an enterprise with the tax authorities of an offshore zone, first of all, to comply with the requirement to locate the executive body legal entity in the offshore zone.
Estimating the costs of tax planning. When conducting tax planning, it is necessary to evaluate not only the benefits received, but also the costs of planning and implementing these plans. And they can be quite significant. Therefore, the benefits must always be correlated with the costs of planning, and if the effect is small, then there is no point in getting involved in complex schemes and reorganizations.
In corporate tax planning, two methods are used to assess the benefits and costs of tax planning:
1. Situational tax planning;
2. Numerical methods of variational-comparative analysis.
Situational tax planning consists in actions to reduce tax payments in the event of certain situations in the economic activity of enterprises. Such situations include revaluation of funds, investment of profits in the development of the production base, etc.
The essence of the variational-comparative analysis is to compare various options for the enterprise's activities in order to determine their tax consequences: for a short period of activity (at the current values of tax rates and tariffs) and for long periods (with various options for expected changes in tax laws and rates). This direction more fully reflects the essence of tax planning. For his practical implementation in view of the presence of a large number of variables, high-speed computers and appropriate software are needed.
When carrying out situational tax planning, a list of the main taxes that an enterprise must pay is determined, rates and benefits are specified, and the so-called tax field of the enterprise is formed. Further, taking into account the formed tax field, a system of contractual relations is formed on the basis of the Civil Code of the Russian Federation, corresponding to the Charter of the enterprise. Typical business operations that the enterprise has to perform in its daily practice, constantly or occasionally, are determined. After that, various situations are developed, taking into account tax, contractual and economic studies, covering the most diverse aspects of economic activity, implemented in several options. Based on a comprehensive analysis of situations, the optimal options are selected, which are drawn up in the form of blocks of balance sheets. After that, from the optimal situational blocks business transactions a real journal of business operations is compiled, which serves as the basis for accounting and tax accounting. When analyzing various situations, financial results are compared with possible losses due to penalties and other costs and losses.
Numerical methods of variational-comparative analysis - are based on the developments of both specialists in the field of accounting and tax accounting, and mathematicians and programmers in the field of new information technologies.
Variation-comparative analysis can be carried out by the following methods:
1) method of microbalances;
2) the method of graphic-analytical dependencies;
3) matrix-balance method.
essence microbalance method consists in creating a mathematical model in the form of a closed system containing a block of the main business operations for a given organization for a given period of time and maximum Full description elements of the organization's tax field. The main block of the model is designed as accounting entries to calculate the balance. The tax field in this method refers to a specific list of taxes that, according to the law, it must pay, taking into account the timing of payments and the types of business transactions performed.
By influencing the inputs of this model with different numerical values of the system parameters (that is, financial and economic indicators of the analyzed operations), a set of microbalances is formed, from which some option (or set of options) that is optimal from the point of view of tax planning goals is selected;
Method of graphic-analytical dependencies involves the selection of one or more balance sheet parameters that affect the financial results of the organization. Then a block of business transactions that affect the analyzed parameters is singled out, and microbalances are compiled for various parameter values. An analytical or graphical dependence of the financial results on the selected parameters is revealed, based on the analysis of the obtained dependencies, the choice of a solution is made according to the selected optimality criterion.
Matrix-balance method is based on the use of the apparatus of matrix equations for the analysis of the financial and economic activities of the enterprise. The balance sheet of an enterprise is presented as a matrix equation that describes the relationship between individual accounts and business transactions. Then, using matrix methods, the elasticity functions of various activity parameters (for example, the income elasticity functions for wage costs) are identified, which are further used to analyze the economic activity of the enterprise, identify reserves and omissions, including taxes.
This method requires a deep knowledge of the methods of matrix analysis, serious software and the availability of sufficiently powerful computer technology. As a result, it can be applied by large organizations with appropriate financial and technical resources.
Kuzmenko O.A., Vankova N.N.
TAX PLANNING IN A COMMERCIAL BANK IS AN IMPORTANT COMPONENT OF CORPORATE TAX MANAGEMENT
Tax Office in a commercial bank is a system for managing tax flows, and since tax payments account for a significant share in financial flows of all economic entities, therefore, taxation management (tax management) as a type of activity in an enterprise is now becoming an integral element of general corporate management in general and financial management in particular.
The most complete and suitable for the banking sector definition of corporate tax management can be considered the definition of A.A. Leusheva. In accordance with which, corporate tax management is understood as an integral part of financial management, covering the processes of taxation at the corporate level, aimed at creating a functional tax mechanism that combines all the functions of tax management, and ensuring it effective work to achieve the financial goals of banks by optimizing the ways of using, the rights granted by law and the execution tax obligations and obligations.
The most important management function from the point of view of management theory is planning, which allows foreseeing the goals of the enterprise, the results of its activities and the resources necessary to achieve them. Financial planning is part of the overall intra-company planning. One of the main objects of financial planning is the size of tax payments to the budget system and the tax flows associated with their payment, the definition of which at the same time constitutes the functional area of tax planning as a segment of financial management.
Let us give a definition of tax planning in a commercial bank, taking into account its inherent as general character traits and features of banking corporate management.
Tax planning in a commercial bank is part of the overall corporate banking management, which allows you to predict tax deductions credit institution, simultaneously optimize its tax portfolio in a local situation and ensure long-term tax savings, receive income from invested tax profit in the conditions of tax security of the implementation of active-passive and commission-intermediary banking operations.
Thus, the place of tax planning in the overall system of management activities can be depicted as follows (Fig. 1)
Figure 1 - The place of tax planning in the corporate management system
Tax planning as an integral part of tax management makes it possible to reduce the absolute rate of payments to the budget by using the difference in taxable bases and tax rates statutory tax incentives and similar factors that do not depend on the organization itself, but are established by the state. As a result, in a certain sense, tax planning is largely focused on the environment external to the organization. The question of the possibility of managing payments, that is, the absolute value of tax payments, is not raised at all. Meanwhile, the management of the amount of tax payments is possible by changing the product range and more. effective use internal reserves, that is, the impact on the amount of tax payments, managing exclusively the factors of the internal environment of the organization, the foundations of its activities.
Tax planning is an important functional element of tax management. With the help of planning, the main directions of efforts and decision-making are established, which ensure the achievement of goals. During the implementation of this management function, not only the result is planned to be achieved in the process of managing tax flows, but also an effective way to achieve the intended result must be determined. Specific methods are formed by the management system, based on their ideas about how the managed object will function in the planning period (forecast data is important here). That is why, when managing any socio-economic processes, planning is always accompanied by forecasting, the basis of which is the generalization and analysis of the available information, followed by modeling the possible results of the development of situations.
In its most general form, tax planning tools include methods of tax budgeting, the use of tax incentives and other methods not prohibited by law to minimize tax payments, the use of transfer pricing and gaps in tax legislation, the implementation tax policy organization and tax accounting. If tax optimization is the goal of corporate tax management, then tax planning is a set of methods and tools for achieving the goal of tax management. Tax planning involves such management activities of taxpayers, which allows not only to reduce tax burden in a momentary situation, but also to ensure long-term savings on taxes, to obtain an economic effect from its investment, to avoid or reduce the risk of possible penalties in the future.
The most effective way to increase profitability is not a mechanical reduction in taxes, but minimization of the tax burden based on the growth of production, sales and business profitability, i.e. building an effective enterprise management system and decision-making in such a way that the entire business structure is optimal. Tax planning should also be based on taxpayers maintaining their price competitiveness in the market, bearing in mind that most taxes are included in the selling prices of goods and paid by consumers.
Since the basis of tax management is financial science, tax planning to a certain extent is also part of financial planning (forecasting). The tasks of tax planning differ depending on the object of management they are set for: in relation to the tax flows of the country (its territories) or the tax flows of an individual enterprise.
A key role in tax planning is played by the analytical stage of collecting and processing information that comes from both taxpayers and the state in order to make management decisions. In general, tax planning is an analytical and at the same time search, creative process that requires an individual approach. On the basis of the analysis carried out, various options for the activity of the subject of general tax management are compiled.
The tax planning process consists of several interrelated stages, which should not be considered as a clear and unambiguous sequence of actions that necessarily guarantee the reduction of tax liabilities.
Stage I - the emergence of an idea about organizing a business, formulating goals and objectives, as well as resolving the issue of the possible use of tax incentives provided by the legislator.
Stage II - the choice of the most tax-favorable location for the production and office premises of the enterprise, as well as its branches, subsidiaries and governing bodies.
Stage III - the choice of the organizational and legal form of a legal entity and the determination of its relationship with the resulting tax regime.
The following stages relate to the current tax planning, which should be an integral part of the entire management system of an economic entity.
Stage IV provides for the formation of the so-called tax field of the enterprise in order to analyze tax benefits. Based on the analysis, a plan for their use is formed for the selected taxes.
Stage V - development (taking into account the already formed tax field) of the system of contractual relations of the enterprise. To do this, taking into account the tax consequences, planning of possible forms of transactions is carried out: rent, contract, purchase and sale, paid services, etc.
Stage VI begins with the compilation of a journal of typical business transactions, which serves as the basis for financial and tax accounting. Then, an analysis of various tax situations is carried out, a comparison of the obtained financial indicators with possible losses due to fines and other sanctions.
Stage VII is directly related to the organization of reliable accounting and control over the correct calculation and payment of taxes. The main way to reduce the risk of errors can be the use of technology internal control tax calculations.
List of sources used
Barulin S.V. Tax management [Text]: textbook / S.V. Barulin, E.A. Ermakova, V.V. Stepanenko. M.: Omega-L, 2011. - 272 p.
Bukina G.N. Corporate tax management as an integral part of the business management strategy [Text]: / G.N. Bukina // All-Russian Economic Journal. - 2007. No. 1. - P. 4-6.
Leushev A.A. The effectiveness of corporate tax management in commercial banks and its improvement [Text]: author. dis. cand. economy Sciences / A.A. Leushev. - M., 2008. S.10–11.
Smirnova E.V., Kotova T.V. Tax budgeting in a commercial bank - financial management technology [Text]: / E.V. Smirnova, T.V. Kotova // Public administration. Electronic Bulletin. - 2012. No. 31. P.15-21.
Kuzmenko O.A., Vankova N.N. TAX PLANNING IN A COMMERCIAL BANK IS AN IMPORTANT COMPONENT OF CORPORATE TAX MANAGEMENT // IV All-Russian Correspondence Electronic Scientific Conference "Problems of Accounting, Analysis, Audit and Taxation".
URL: (date of access: 04/28/2019).
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Corporate tax management as a set of socio-economic relations, its distinctive features and structural elements. General and special methods of corporate tax management. Methods of tax regulation and planning.
abstract, added 12/22/2010
course work, added 12/10/2014
Theoretical foundations for building a common system of tax management. Organization of corporate tax management for Russian enterprises. Analysis of management, development of recommendations for the organization of the tax management system at the enterprise.
thesis, added 06/18/2008
The system of tax management at the enterprise. The essence of the method of graph-analytical dependence in tax management. Balance method for analyzing economic activity and forecasting financial results. Corporate tax management.
control work, added 01/09/2010
The concept of financial management and its role in the enterprise management system. Functions of the cash flow management process in the organization management system: financial planning, forecasting, organizational and control functions, regulation.
term paper, added 11/06/2014
The impact of tax on business decision-making. Historical aspects of tax planning in the context of the development of financial management. Specifics of the tax segment of financial management of business entities. Members of tax planning.
abstract, added 12/27/2010
A system of approaches, forms, methods and mechanisms for organizing corporate tax management, recommendations for improving the efficiency of tax management. Activities of taxpayers in corporate tax planning of the organization.
thesis, added 06/18/2008
Tax payments make up a significant share in the financial flows of the organization. Often, the fate of the business, the possibility of its growth and development depend on a competent, professional decision taken taking into account the tax consequences. Underestimation of this side financial activities on the part of the organization, the mistakes made in the calculations of taxes with the budget turn into heavy financial losses. Russian realities are such (high taxation of businesses, instability of tax legislation, etc.) that the results of a well-organized corporate tax management cannot be compared with the results of general economic and even financial management. Today, it is almost impossible to conduct business without calculating how much profit this or that transaction will bring and how much taxes will need to be paid. The problems of taxation, accounting and tax management are comparable in importance, perhaps, only with the problems that arise directly in the course of production or any other business activity. This significance is expressed in specific amounts that are given to the state. Tax payments, covering all the production and economic activities of organizations, being included in all the elements that determine the composition of the price, affect the efficiency of production, and are also the most important factor when making a business decision.
Taxes should ideally not affect choice economic decisions enterprises, they should not significantly change the business philosophy. In practice, taxes, being the most powerful tool economic regulation, intrude into the sphere of strategic decisions, often forcing a radical change in the tactics of the company. Serious decisions are never made without considering and managing taxes. An enterprise should always have internal and external specialists whose main functions are to analyze and support the activities of this enterprise from a tax point of view. Even if taxes do not determine the main strategy of the enterprise, someone must calculate them in a timely and correct manner, as well as take measures to optimize them.
Corporate tax management as a type of management activity at an enterprise is increasingly becoming part of the practice of economic life in Russia, and the organization's tax manager (expert, tax consultant) is becoming an increasingly important figure.
Tax management covers that part of finance that relates to mandatory and non-equivalent payments. Relationships arise about the organization tax system and implementation cash flow in the budgets of different levels, which can be viewed through the prism of budgetary relationships. At the same time, several subjects of financial relations can be distinguished; Of course, two of them play a key role - the state and taxpayers. This is due to the fact that taxes are primarily an expression of property relations, and economic processes states are not identical to the interests of taxpayers.
From these positions, it is necessary to distinguish between the management of taxes at the state level and at the level of economic entities. However, the concept of tax management as a differentiated whole is applicable here, that is, the organic unity of two opposing types of tax management. In other words, tax management in the first place can be characterized in organizational terms.
Corporate tax management is a system for managing the tax flows of a commercial organization by using scientifically based market forms and methods for making management decisions in the field of tax revenue and expenses.
Currently, corporate tax management is limited by the goals and objectives of the state budget and tax policy. This is expressed in the legal regulations of the organization's income and expenses, methods of forming the tax base for basic taxes, pricing of raw materials, and so on.
The general management functions inherent in any socio-economic system include analysis, planning, organization, accounting, control and regulation. Therefore, corporate tax management covers three interacting areas:
1. organization of the process of managing tax flows at the enterprise;
2. tax forecasting (planning);
3. tax regulation;
4. tax control (self-control).
The organization of corporate tax management in a broad sense is a set of organizational forms and methods of tax planning, tax optimization and tax self-control; in a narrow sense, it is the preparation and creation of conditions for optimizing tax flows. To organize the management of tax flows at enterprises, the organizational structure of financial management is used.
Accounting is responsible for managing tax payments at Antey Plus LLC. Her responsibilities include:
Development and justification of the application of an effective tax regime;
Creation and maintenance of an information base on tax legislation;
Development of corporate tax policy and tax budget;
Implementation of corporate tax planning;
Implementation of internal tax control, analysis of taxation of the organization;
Timely and complete submission of documentation to the tax authorities;
Implementation of tax proceedings (timely registration with the relevant authorities and re-registration, development tax calendar and regulation of payments for certain taxes, etc.).
The state control is put in the basis of the state tax policy; its purpose is to form the revenue side of the budget, optimize the two main sources of revenue (taxes and loans), as well as ensure the solution of the socio-economic tasks set.
Corporate tax planning is carried out as part of the development of both strategic decisions and tactical plans (business plan, budgets); its purpose is to optimize finances, including by lowering taxes. Tax planning is designed not only to reduce the tax payments of the enterprise, but also to optimize tax flows, to become a regulator, along with the marketing and production plan, of the enterprise management process. Optimization of the tax burden of organizations lays the foundation for the growth of the mass of tax revenues to the budget system in the future.
Corporate tax planning is an integration process, which consists in streamlining economic and financial activities in accordance with the current tax legislation and the company's development strategy. This process can also be defined as a preliminary review, evaluation of decisions in the field of financial and economic activities of the organization, taking into account the value of possible tax payments and the choice of them best solutions from the standpoint of the organization's goals. This interpretation of corporate tax planning assumes that any decision, for example, investing funds, creating a branch, entering new market and the like, should be assessed for tax implications. It should be noted that at the enterprise level, such functional elements of corporate tax management as tax planning, tax regulation and tax control are inextricably linked and occur as a single process, as a result of which it seems that only tax planning takes place at the enterprise, although tax regulation and control retain their relative independence as part of corporate tax management.
The overall goal of tax regulation is to balance public, corporate and private economic interests. Achievement of this goal is ensured by a combination of various methods of tax regulation (tax credit, tax deferral, installment tax payment), as well as their synthesis with all methods state regulation economy (pricing, tariffs, regulation of money circulation, etc.).
As part of the implementation of the common goal, tax incentives and tax sanctions are of particular importance. The right combination of these two systems ensures the flexibility of taxation and, as a result, the effectiveness of tax policy.
It is characteristic that the methods of tax regulation must necessarily take into account the legislative provisions that define various aspects of tax proceedings and responsibility for their violation. In addition, this includes a wide range of methods of indirect influence on the conduct of subjects of taxation, stimulating their adoption of decisions that are useful to society (for example, through the use of a simplified taxation system).
tax control is a systematic activity aimed at organizing self-control (observation, checking by managers of the correctness of calculating and paying taxes, the movement of incoming and outgoing tax flows, the efficiency of using tax profits, as well as identifying and eliminating tax errors before being audited by the tax authorities). Tax control is carried out as government bodies, and audit firms, accounting and financial services of enterprises. State control as an element of influence on business entities obliges them to correctly form the tax base and accurately calculate the amount of the tax liability. Control in Antey Plus LLC is designed to ensure the accuracy of accounting for taxable objects paid to the budget of taxes. As well as high-quality preparation of tax calculations and reports.
Corporate tax management is an integral part of financial management economic entity; this is the development and evaluation of management decisions based on the target settings of the organization and taking into account the magnitude of possible tax consequences. One of its main goals is to optimize taxation by using all the features of tax legislation.
Corporate tax planning is a necessary component of a subject's financial and economic activities; this is legal way circumvention of taxes using the privileges provided by the law and methods of reducing tax liabilities. The main goal of the taxpayer should not be to oppose the fiscal system of the state, but to actually release assets for their further use in economic activity.
In their activities, business entities, including Antey Plus LLC, always strive to maximize their income and profit. And this may coincide with the minimization of tax deductions. But in general, subjects are not interested in the amount of taxes paid per se, but in the final financial results. From these positions, the main task is to choose the option of paying taxes, which allows optimizing the taxation system.
An important criterion for resolving the issue of the need for an economic entity to organize corporate tax management is the level of the tax burden. If a specific gravity taxes do not exceed 15% of the net income of the enterprise, then the need for tax planning and optimization is minimal; at higher values of the level of the tax burden, it is necessary to organize a full-fledged tax management. The higher the tax burden, the more effective will be the cost of the economic entity for the organization of tax management, the higher the price of management tax decisions (subject to their effectiveness).
The tax burden of Antey Plus LLC for the previous 3 years is on average 16% of the net income of the organization. Thus, in 2006 it amounted to 16%; in 2007 - 17%; in 2008 - 16%, that is, the share of taxes in the total share of profits is distributed almost evenly.
