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background of the trend for the transnationalism of the financial sector. This enables to enhance the banking system's resource base by means of the capital inflow through the subsidiaries, and to improve quality of the banking services provided to the Russian companies overseas. At the same time the Russian banks' information-analytical departments and dedicated research institutes occupied with the reasearch in the sphere of finance and economy, shall study thoroughly and in detail the strategy and tactics of entering the global financial market used by the foreign banks, so that to use the findings in their practice.
References
1. Kolkareva E.N. Innovative strategy for the Russian banking system development in the context of global financial market building. Krasnodar, 2008
2. Libman A.M., Heifetz B.A. Expansion of the Russian capital to the CIS countries. M., 2006
3. Tsvetkova I. Strategy of the major Russian banks. Electronic publishing. November 2, 2001 http://www.e-xecutive.ru/management/practices/338419-strategiya-krupnyh-rossiiskih-bankov
4. Zheltonosov V.M., Kolotov Yu.O. Global capital and the Russian financial system // Russia in the globalizing world economy: Proceedings of the International Workshop and Conference. Rostov-on-Don, 2006
5. Zrazhevsky V.V. Theoretical and methodological basis for ensuring competitiveness of the banking system of the Russian Federation. Thesis work competing for a degree of Doctor of Economics. Discipline 08.00.10 - Finance, Money Circulation and Credit. SPb, 2008
Isakova Z.R., the first year master course study, Abdullaeva M.I., assistant professor Dagestan State University Russia, Makhachkala THE METHODS OF OPTIMIZATION THE INCOME TAXATION Abstract. This article explores some policies of tax planning in order to optimize the income tax. The article gives the information about the features of each direction (method) in the Russian Federation. The practical significance of the research is that the results will help most businesses to carry out more efficiently the tax planning. The research identifies the need for a rational and deliberate approach to the methods used in order to optimize the income tax. It should be remembered the implications for the use of illegal methods. In general, the tax system in Russia needs the considerable refinement, and even in its revision.
Keywords: optimization, income tax, the amount of tax.
Today, many companies in the market economy are interested in the maximum reduction in tax payments.
It should be noted that previously the most popular illegal ways (for
example cashing) thing of the past, since the courts began to appear more and more criminal cases in the gene of Directors related to the illegal tax evasion. However, the legislation permitted the reduction or postponement legally.
Consider the legal and illegal methods of reducing income taxes (table. 1).
Table 1.
Methods of optimization of income tax
Legal methods Illegal methods
1. specify in the contract the special conditions of the transfer of ownership 1. the illegal use of tax incentives
2. the creation of a buffer firm 2. understating actual profit
3. should not rush to pay debts 3. overstatement of the cost of production
4. the purchase of the property in installment 4. intentional bankruptcy of the enterprise
The description of the legal methods:
1. It is necessary to set special conditions in the contract transition ownership. Many companies pay income tax on an accrual basis. In this case, the taxable profit arises immediately after the transfer of ownership from the seller to the buyer, and received funds go now or later - it does not matter. However, this situation puts the company in a rather unfavorable position. In this case, the accounting will have to charge or pay a tax to the budget, despite the fact that the money from the buyer has not yet received. As a consequence of trafficking in diverted significant amounts of funds, it can be avoided, if the contract of sale includes the condition under which the rights of ownership for profit from the organization passes to the buyer only after payment. Until that time they are considered as property of the seller. That is, until the payment for goods from taxable profit organizations will not occur. It occurs only after receipt of the money from the buyer, and the tax will be paid from these funds. A necessary condition for the agreement is indicated as: "The right of ownership of the goods, the seller shipped under this contract shall pass to the buyer only after payment of the buyer. Until that moment, the goods are at the buyer's custody".
However, this method has its drawbacks. The most significant drawback is the result of the letter of the Presidium of the Russian Federation (2005), according to which the terms of the contract should reflect "the actual relationship of the parties and the real financial and economic results of their activities." By this we mean that the buyer has received the goods, has no right to dispose of them before the date of payment. In addition, he is obliged to physically separate this product from other values. The company-seller should check everything. The fact the seller is responsible for the actions of unscrupulous buyer. In this case, the company will lose the right to defer the payment of tax. To do this, firstly, it is necessary to include the item in the contract, which obliges the buyer to separate the products from the values that belong to the property rights and to ensure their safety. Secondly, it is important to draw up, together with the buyer acts on inventory shipped, but outstanding value. It is better to do it at the end of the
reporting period for income taxes.
Another disadvantage is that these special conditions may be unwilling for the partners. Before payment for the acquired assets your partner is not able to sell it to another buyer or ship the goods without violating contract terms. In this case, instead of the sales contract, it is possible to enter into a contract or order of the commission.
2. You can create a "buffer" companies. Another way to reduce the tax is the way to create in the company tax havens. If part of the profit will be transferred to the account of the company tax havens, it helps to reduce taxes in the framework of the two companies (the holding).
Let's consider as an example the following scenario. During the year, the company "Iris", which deals mostly with retail selling, has sold goods worth for 4.8 million rubles (including VAT - 732.203 thousand rub.). Their cost is 1.5 million rubles. The VAT, in the amount of 270 thousand rubles, has been paid to suppliers by the company.
Variant 1. The company operates the regular tax system. In such a case, the amount of income tax is: (4800000-732203-1500000) * 20% = 513.559 thousand rubles.
Variant 2. Sales of goods through a company with preferential tax treatment (STS), which pay the tax revenue in the amount of 6%. This product has been sold to it at the price of 2 million rubles (including VAT - 305.084 thousand rub.). Then the firm has resold the goods for 4,8 million rubles. The income tax, paid by the company - (2000000-305084-1500000) * 20% = 58475 rubles. The company will pay only 6% of revenue. The amount of tax will be: 4800000 * 6% = 288 thousand rubles. Thus, the total payments will amount of two firms: 58475 + 288000 = 346475 rubles. It is 167084 rubles (513559-346475) less than in the first embodiment.
The disadvantage of this scheme is to attract undue attention of the tax authorities, in view of the fact that they want to prove the fact that the company created a simplified tax system for the purpose of tax evasion. If this is confirmed, it will be a criminal case (if taxes are underpaid in the large size). What is needed to avoid it? 1) The two companies should have different and non-interacting founders and leaders. 2) The company should lead to the USN real economic activity and be geographically isolated from the main company. It should be noted that the simplified tax system only applies as long as the firm's revenues will not exceed 15 million rubles, adjusted as the deflator index. 3) The price for which the company receives goods from the parent company should not differ significantly from market prices.
3. Do not rush to pay debts. In any company, there are receivables and payables, which after the expiry of the limitation period should be written off. The amount of not repaid your debts have to turn to non-operating income and pay their taxes on profits. However, there is a possibility not to write off debts and leave them until near future. That is, you can ensure that the limitation period was interrupted and began counting again, for what you need to take action, indicating
that you have recognized their duty in accordance with the letter of the Federal Tax Service in Moscow from 17.04.2007 № 20-12 / 03654:
- Partial repayment of debt;
- interest payment;
- appeal to the lender with a request deferred payment;
-signing reconciliation statement of arrears (a written acknowledgment of their presence);
- agreement on debt restructuring;
- statement offset mutual claims.
The disadvantage is that the tax authorities can't agree you aborted the term of the limitation period.
4. The property should be bought in parts. Fixed assets shall be depreciated; their costs will be included in the tax expenses of the company for a long time. Exceptions are the means, the unit value of which is not more than 20 thousand rubles, The cost of purchasing that are written off at the same time. As a consequence, you can use another way to tax optimization - one item can be purchased in installments. For example, the purchase of a furnace in a candy store for parts - stove and oven, the value of each of which individually do not exceed 20 thousand rub. The disadvantage of this method is to draw attention to the tax service, which can refer to the definition of fixed assets and to insist that the objects of the fixed assets were taken into account as a whole. However, if the tool has several parts having different useful lives, each part is treated as a standalone entity.
Besides the given above methods there are a lot of illegal, in case of which the organization may be prosecuted to the payment of taxes and fines. Let's consider the most common of them:
1. Improper use of tax incentives. Businesses in order to reduce the income tax form the false documents the employment of persons with disabilities, which in fact do not work in this organization. The Variant may be considered when disabled workers can do the work, by answering calls at home, but if the staff of employees is not less than half of disabled people, the income tax rate is reduced by 50%.
2. Underreporting actually received profit margins. One way is to draft accounting records, replace, destruction or theft of data staging accounting or unused cash receipts. In this situation, the amount of tax determined by the tax authorities of the contracting parties at the counter checks, request all necessary information, obtain statements from the current account and the recovery of accounting in the enterprise.
3. Oversize cost of goods manufactured and sold products (understatement of the tax base). It is possible to implement or increase the cost of purchased raw materials and the cost of fixed assets (by overstating depreciation) or by writing off depreciation charges on non-productive assets, or for the projects for which a fully charged wear; incorrect application of the depreciation. It should be noted that fixed assets, being the property of the organization, increase the base for the
calculation of property tax.
4. Deliberate bankruptcy of the enterprise. In fact, the owners contract with the local authorities on the restructuring of the company or its debts. Established a subsidiary, which transferred all liquid assets in parallel bankrupt parent organization. As a result, the economy is suffering as the regional level and at the level of the federal budget. Often it is difficult to identify the scheme of intentional bankruptcy.
In fact, in Russia, only a small part of the organization - 17% pay taxes on time and in full, 48% - pay taxes from time to time, and 35% - do not pay at all (picture. 1).
All information given above proves the underdevelopment of the tax system in the Russian Federation. These methods do not remove all problems in the tax system, but they may optimize the work in this direction to overcome some of them.
Picture 1.
Payment of taxes as a percentage of 2014.
48%- pay taxes incompletely and out of time 35% - don't pay ■ 17%- pay completely and on time
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Medzhidova Z.S., the first year master course study, Abdullaeva M.I., assistant professor Dagestan State University Russia, Makhachkala FEATURES AND PROCEDURE FOR THE TAXATION OF TRANSACTIONS WITH INTANGIBLE ASSETS IN COMMERCIAL
ENTERPRISES
Abstract. The features and the procedure for the taxation of transactions with intangible assets in businesses from a position of financial and tax accounting. The article deals with the concept, characteristics and types of intangible assets, particularly the formation of intangible assets, amortization, taxes.
Keywords: taxes, intangible assets, goodwill, patent, amortization The increasing share in the structure of economic activities of commercial organizations is involved in intangible assets. In accordance with tax legislation intangible assets refer to acquired assets of the taxpayers, or the result of intellectual activity and other intellectual property used either in production or for administrative needs of the enterprise for the long term (over 12 months). This category includes assets that can not be touched or felt. [3]
