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tion. The necessities for this analysis within the framework of corporate control is explained by the fact that the buyer would probable operate in the same or the allied spheres. Precisely this analysis will surely suggest the enterprise which should be an object for a M&A transaction.
7. Analysis of the market of M&A transactions in the Russian Federation. At this stage it is advisable to follow-up take-over offers over a five-year period. Then analysis of the accomplished transactions in the given sphere, their volume, changes in capital structure should be made. This is important from corporate control viewpoint. Reasons for failed transactions should be revealed whether the reason was in timely carried out poison pills, denunciation made by the buyer or changes in national measures.
After internal and external analysis of “A” public company is completed, it is necessary to valuate market value of the enterprise. The third stage of the analysis is implemented within three approaches - market driven, profit and cost approaches. For a managerial team it is easier to determine the prospective buyer or an enterprise which is the best option for a take-over when valuating the market value of their own company.
The fourth and the fifth stages of the given analysis are identical to the first and second ones of another enterprise managed by another managerial team. That is the reason it is more difficult to perform. Data on internal economic status of an organization can be obtained from the sources with an open access (public financial statement). It is also possible to use inside information in case there is access to it. External constituent of an enterprise activity of “B” public company will most probably be identical to the one of “A” public company with adjustment to individual specific features of activities. This is due to the fact that, as a rule, enterprises involved in M&A transactions are the same in terms of productivity sphere and location. So their external factors are the same. However, in modern real conditions there is a tendency to an increase in foreign investments into industrial enterprises of Russia, in na-
tional investments from Moscow and Saint-Petersburg into regional industrial enterprises. This cannot but influence specific features of company activities. Our example considers only one enterprise, “B” public company. In practice there may be several enterprises. Some of them may be considered as buyers, others as eligible objects for takeovers. The more options suitable for “B” public company and more options for possible development within the limits of M&A transactions the managerial team of an enterprise has, the more poison pills the enterprise has. This means strengthening of positions at the market for corporate control and enhancement of managerial team position from the viewpoint of both holders and competitors.
The sixth and the seventh stages of analysis are prognosis for development of the enterprise built up after reorganization. This prognosis should be practically identical to the schemes of the first and the second stages of the analysis.
In summary, one of the most important tasks of the managerial team of a company should be working out poison pills and making a balanced and timely decision on the company reorganization.
1. Barulin S.V., Kusmartzeva V.S. Assessment of Results Rating and Efficiency of Long-Term Targeted Programs Implementation // Finances. 2010. № 5.
2. Endovitsky D.A. Economic Analysis of Merger and Acquisition Transactions. M.: Publishing House KNORUS, 2008.
3. Evans Frank C., Bishop David M. Assessment of Companies in Mergers and Acquisitions: Creation of Value in Private Companies / Translation from English, 2nd edition. M.: Publishing House Alpina Business Books, 2007.
4. Romanenko O.A. Development of Theory of Integration and Defining Its Significance for Finance Management of an Economic Entity // Finances and Credit. 2010. № 46.
5. Theory of Life Cycles of I. Adizes and Russian Realia // URL: http://ecsocman.edu.ru/db/msg/11728.html.
6. Philonovich S.R. Theory of Life Cycles of an Organization in the Process of Organization Diagnostics // Social Studies. 2005. № 4. PI 53 - 64.
удк 336.225 M.A. Fedorovskaya
EFFICIENCY OF TAX BODIES' PERFORMANCE
The problems of assessment of tax bodies' activities efficiency which tax administration faces are touched upon. Suggestions made provide an opportunity for bodies of legislative and executive power to take specific measures aimed at enhancing the system of tax administration in the country. Suggested criteria for assessing tax bodies’ performance can be put into practice by tax authorities. A new approach to aspects of solving tasks of control over tax compliance, preventing and excluding tax offence rather than solving tasks of tax collection can be also used in practical work of tax bodies.
Key words: tax administration, tax control, tax audit
M.A. Федоровская
РЕЗУЛЬТАТИВНОСТЬ И ЭФФЕКТИВНОСТЬ ДЕЯТЕЛЬНОСТИ НАЛОГОВЫХ ОРГАНОВ
В статье отражены проблемы оценки результативности и эффективности налоговых проверок, которые стоят перед налоговым администрированием. Предложенные автором разработки предоставляют реальную возможность со стороны законодательных и исполнительных органов власти предпринять конкретные меры, направленные на повышение эффективности системы налогового администрирования в стране. Предложенные критерии оценки результативности контрольной деятельности, а также новый подход к вопросам перехода от решения
задач исполнения заданий по сбору налогов в бюджет к решению задач по контролю за соблюдением налогового законодательства, предупреждению и недопущению налоговых правонарушений могут быть использованы в работе налоговых органов.
Ключевые слова: налоговое администрирование, налоговый контроль, налоговые проверки.
Unified centralized system of the tax bodies has a complex organizational structure which includes hierarchy of regional tax bodies, structural divisions of regional tax bodies (the structure of civil servants). This complex organizational structure requires specific system of management of tax administrators' activities. It is also required to work out the system of quality and efficiency indicators assessment. At present these indicators are not clearly specified in terms of a tax body or in terms of its structural divisions [3, p. 55 - 58].
In 2007 Federal Tax Service of the Russian Federation worked out a system of assessment criteria of regional tax bodies' performance efficiency. It was approved by the Government of the Russian Federation. This system embraces almost all scopes of activities of Tax Service. It includes criteria on duties and tax collection, control and litigation, duties and tax debt strategy, development of system of information and other services provided to taxpayers, pretrial tax dispute resolution procedure [1, p. 27 - 34].
The Government of the Russian Federation approved target parameters for each of the criteria and Federal Tax Service of the Russian Federation should meet the targets by 2011 - 2012. Within the time period and indicators stipulated Federal Tax Service defines indicator values on a yearly and quarterly basis.
Criteria for assessment of tax bodies' performance of Federal Tax Service of the Russian Federation are defined on the basis of statistical reporting. Assessment of quality of regional tax bodies' performance is done by cumulating quantitative and analytical indicators values of the assessed subject. This is done to define the overall rating score.
On the basis of the Technique of Assessment of Efficiency of Regional Tax Bodies' Performance worked out by Federal Tax Service of the Russian Federation O.A. Mironova and F.F. Khanafeev [4, p. 250 - 251] have laid emphasis on the procedure for determining assessment performance indicators of divisions of Federal Tax Service of the Russian Federation. The procedure is as follows:
- the indicator is computed according to the data of tax reporting;
- the indicator is assigned with a definite rating score according to the results of computation;
- the rating score is multiplied by significance coefficient;
- all the divisions of Federal Tax Service in every constituent subject of the Russian Federation are rated in descending order and every division is assigned with the fixed position according to the total rating score.
The main criteria for assessing tax body performance are to be discussed [5, p. 7 - 10].
1. Tax and duties collection:
S = P / (N + N1) x 100
In this formula: S - tax and duties collection; P - tax collections; N - tax amount; N1 - tax and duties amount without tax charges.
The given criterion makes it possible to define the rate of execution of the main tax functions - fiscal and control ones. However, it should be mentioned that the given criteria allow to define performance efficiency of departmental divisions of tax bodies only, namely divisions responsible for collection and additional charge of taxes (department of resource, property and other taxation, department of profit (income) taxation, department of indirect taxation, department of natural persons taxation, department of control, etc.) and to assess the tax body performance on the whole.
2. Percentage ratio of total claims tried by the court for the benefit of tax bodies and total amounts of money from case trials with taxpayers:
T = T/T x 100
n o
In this formula: T - rate of total claims for the benefit of tax bodies; T - total amount of claims tried in courts for the benefit of tax bodies; To - total amount of money from trials with taxpayers.
This criterion of efficiency of tax bodies performance makes it possible to assess mostly the activities of legal department representing the interests of regional tax bodies and rendering methodological and practical assistance to subordinate tax bodies and departmental divisions as well as to the department of tax audit which effects the final stage of control and implements quality control over tax bodies activities.
3. Ratio of number of tax bodies’ judgments found incompetent by the court, including tax bodies’judgments rendered on the basis of the results of tax control:
P = P / P x 100
no
In this formula: P - rate of the number of tax bodies’ judgments found incompetent by the court; Pn - the number of tax bodies' judgments found incompetent by the court; Po - the number of tax bodies' judgments rendered on the basis of the results of tax control.
This criterion alongside with legal department activities provides an opportunity for assessment of control department of tax bodies' which is responsible for generalizing and analyzing results obtained from audit control of internal audit, investigating the reasons of violations in order to work out the means of their elimination as well as analyzing positive results of the tax bodies' performance already assessed.
4. Reduction of duties and taxes collection debt for the budgetary system of the Russian Federation:
(Zed - ZJ / Zbpd x 100
In this formula: Zed- ending debt; Zbpd - base period debt.
This criterion is used to assess the tax bodies performance aimed at debt strategy and support of bankruptcy procedures which perform the functions of revealing reasons for debt and analysis of its structure and dynamics.
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5. Increase in the ratio of taxpayers satisfied with the quality of tax bodies’ performance.
Assessment of this criterion is only possible on the basis of the results obtained from opinion polls. The given criterion shows the attitude of the active part of the society to tax bodies. It is also a factor of tax collection on a stable basis. But at present this criterion does not consider the fact that law enforcement bodies, governmental authorities and lending institutions are also participants in tax relationships and interrelation with them has an impact on efficiency of tax bodies' performance.
6. The number of individuals and organizations obtaining the information from Unified State Register of Legal Entities and Unified State Register of Individual Entrepreneurs using Internet technologies.
According to “Order of Provision of Open and Publicly Available Information in the Electronic Form Contained in the Uniform State Register of Legal Entities and in Unified State Register of Individual Entrepreneurs” approved by Federal Tax Service of the Russian Federation, the provision is put into effect by Federal Tax Service only. Thus, this indicator is not applied in assessment of regional tax bodies' performance .
7. Ratio of taxpayers with access to personified information on budget settlements via Internet:
N = Nd /N x 1OO
ds
In this formula: N - ratio of taxpayers with access to personified information on budget settlements via Internet; Nd - the number of taxpayers with access to personified information on budget settlements via Internet; Ns -the total number of actually reporting taxpayers who perform financing and operating activities.
S. Correlation of the number of petitions on tax disputes which were pre-court examined by higher tax authorities and the number of applications for tax disputes claimed to tax bodies and examined by the court:
P = Pd /1 x 1OO
dp
In this formula: P - correlation of the number of petitions on tax disputes which were pre-court examined (by higher tax authorities) and the number of applications for tax disputes claimed to tax bodies and examined by the court; Pd - the number of petitions on tax disputes which were pre-court examined (by higher tax authorities); Ip - the total number of lawsuits of taxpayers on tax disputes.
Decrease in the number of applications of taxpayers related to notice of opposition to tax bodies' judgments derived from tax control results proves the fact that petitions of taxpayers are treated objectively and qualitatively by the divisions of tax audit.
It is a good point to add another indicator to the system of the given criteria of assessment of regional tax bodies' performance. This indicator is the ratio of tax disputes which were pre-court examined by means of voluntary settlement in the total number of tax disputes:
MS = MSpce/Od x 1OO
In this formula: MS - the ratio of tax disputes which were pre-court examined by means of voluntary settlement in the total number of tax disputes; MSpre - the number of
tax disputes which were pre-court examined by means of voluntary settlement; Otd - the total number of tax disputes.
Each of the aforementioned criteria has its passport which defines the computation algorithm and the source of information (particulars of line items of tax bodies' statistical reporting).
In accordance with the Technique, introduction of the mechanism of the assessment of the results of the tax bodies' performance will enable to achieve the planned worthwhile results of the tax bodies' performance of different levels such as the level of the Russian Federation, its subjects, rural areas, districts of towns and cities, towns and cities themselves, trans regions, and inter districts. This introduction will also allow controlling over the implementation of the tax bodies' imposed functions more efficiently as well as enhancing efficiency of the utilization of all administrative and technical resources. It is worth mentioning that the results of the assessment of the tax bodies' performance efficiency are the basis for the material incentive of these bodies' employees.
A significant disadvantage of this Technique is the fact that these criteria of assessment of regional tax bodies' performance are defined taking into consideration only the following aspects of tax bodies' activities: tax collection, debt and tax deficiency, control, tax disputes. Keeping in mind that tax bodies perform activities which are multifunctional, assessment of their performance efficiency should be done in all the spheres considering functions of every department: tax control, legal activities and audit, information and analysis activities, technical support [2, p. 25 - 27].
It is our understanding that criteria of efficiency of tax bodies' control activities applied by Federal Tax Service of the Russian Federation at present should be enlarged. The following indicators should be added:
1. Ratio of taxpayers involved in field tax inspections can be defined in the following way:
N f = Nf / N x 100
rtfl ntfi n
In this formula: Nrm - ratio of taxpayers involved in field tax inspections; Nnff- the number of taxpayers involved in field tax inspections; Nn - total number of actually reporting taxpayers who perform financing and operating activities.
This indicator is not new but it was considered while assessing efficiency of control of tax bodies' authorities.
2. Ratio of the number of tax bodies’judgments rendered on the basis of the results of tax control and afterwards not found incompetent by the court:
Pd = Pd / P x 100
ds d o
In this formula: Pd - ratio of the number of tax bodies'
ds
judgments rendered on the basis of the results of tax control and afterwards not found incompetent by the court; Pd - the number of tax bodies' judgments rendered on the basis of the results of tax control and afterwards not found incompetent by the court; Po - the number of tax bodies' judgments rendered on the basis of the results of tax control.
The criterion provides the basis for assessment of quality of performance of both legal and internal audit departments. This criterion should be applied together with exist-
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ing criteria characterizing efficiency of tax bodies' performance for the purpose of assessment of tax control.
3. Ratio of successful field tax inspections without trials:
D , = D r , / n x 100
rfiwt nfiwt **o
In this formula: D - ratio of successful field tax in-
rfiwt
spections without trials; D, - the number of successful
nfiwt
field tax inspections without trials; Do - the total number of successful field tax inspections.
Introduction of the proposed criteria will provide an opportunity for better and more thorough assessment of efficiency and results of tax administration performed by tax bodies. Analysis of all the indicators of efficiency of tax bodies' performance will make it possible to create a system of tax relationships which will serve the purpose of
economy growth and will enable appropriate structural shifts.
1. Il’ina G.G. Taxpayers Assessed the Quality of Tax Bodies' Activities // Tax Policy and Practice. 2009. October. № 10 (82).
2. Kalashnikova I.N. Tax Audit Efficiency as an Indicator of Tax Administration Efficiency // Regional Economy: Theory and Practice. 2009. № 19.
3. Kalashnikova I.N. Impact of Control Technologies on the Degree of Tax Administration in Russia // Bulletin of Saratov State Socio-Economic University. 2010. № 4.
4. Tax Administration: textbook for students / Mironova O.A., Khanafeev F.F. M.: Publishing House “Omega-L”, 2008.
5. Nushtakina R.F. Ways of Improving the Indicators of Assessment of Efficiency of Tax Body Structural Divisions // Tax Planning and Administration // URL: http://www.konfi-nalog.jurati.ru.
удк 336.226.2 A.N. Khramova
COSTS OF REPAIRS AND RECONSTRUCTION OF RENTED PROPERTY FOR TAXATION PURPOSES
The paper examines the concept and problems of repair and reconstruction of rented property costs for taxation purposes regarding both tenant and landlord in the framework of current legislation. The author puts forward suggestions for taxation improvement regarding cost incurred for repair and reconstruction of rented property.
Key words: finance, taxation, rent, repairs, reconstruction, depreciation, costs.
A.H. Храмова
РАСХОДЫ НА РЕМОНТ И РЕКОНСТРУКЦИЮ АРЕНДОВАННОГО ИМУЩЕСТВА В НЕЛЯХ НАЛОГООБЛОЖЕНИЯ
В данной статье исследованы понятия и проблемы расходов на ремонт и реконструкцию арендованного (переданного в аренду) имущества в цепях налогообложения как у арендатора, так и у арендодателя с точки зрения действующего законодательства и предложены варианты совершенствования налогообложения в связи с осуществлением расходов на ремонт и реконструкцию арендованного имущества.
Ключевые слова: финансы, налогообложение, аренда, ремонт, реконструкция, амортизация, затраты.
In any organization fixed capital assets play an important role for providing its activities. They are usually with a long-term operation period, and taking into consideration their high cost modern Russian organizations transfer them into active assets by operating them under lease. To maintain and reprocess functional and qualitative characteristics of fixed capital assets they are periodically entitled to repairs. This is extremely important for fixed capital assets under long-term lease. The Civil Code of the Russian Federation states that repairs of fixed capital assets are divided into ordinary maintenance and repairs. In accordance with the Civil Code of the Russian Federation repairs of the leased fixed capital assets are made for the account of the lessor and ordinary maintenance is made for the account of the lessee except as otherwise provided by the lease contract.
In case the lease contract provides that repairs are made by the lessee, the lessee's expenses incurred are deduc-table from income tax base. It can be only if the lessor does not reimburse these expenses under the lease contract and conversely [1].
It is our understanding that for profit tax purposes the way repairs are made (own-account or contracting) is not of importance. Any expenses associated with repairs of the leased depreciable capital assets incurred by the lessee or the lessor in compliance with the obligations imposed on them by the lease contract can be registered immediately as part of expenses for profit tax purposes. In this regard the party which makes the repairs can declare input VAT for deduction, in our opinion [4]. Alternatively, in case expenses on repairs are for the account of either party (e.g., the lessor) under the contract lease and in practice are made for the account of the other party (e.g., the lessee), expenses are not reimbursed to that party We believe these expenses are not recognized for profit tax purposes of the party which actually made the repairs (the lessee). Input VAT cannot be declared for deduction as well [9].
When making really expensive and complex repairs the lessee or the lessor (depending on the fact which party is making the repairs) can make appropriation to the reserve fund for repairs of fixed capital assets.
