ELECTRONIC ADMINISTRATION OF VALUE ADDED TAX: LEGAL ASPECT

A. Lohvyn
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Abstract

The author of the article explores the legal aspect of the system of electronic administration of value added tax, in particular, the legal regulation of some issues of electronic accounts (operations on them). The development of modern information technologies and their wide implementation in the mechanisms of state (power) management contributes to the emergence of new economic and legal relations, including those regarding taxes and fees. The mentioned above applies to the administration of value added tax. At the same time, one of the mandatory structural features of the state is the taxation system because one of the goals of state regulation is the system of taxes and fees administration, within which, on the one hand, the collected taxes should be sufficient to ensure the fulfillment of tasks and to perform the functions facing the state, and on the other hand, the burden of the tax procedure should not be excessive for a taxpayer. In turn, the main legal issues of the tax sphere mainly involve determining and effective ensuring the limits of freedom and necessity in the behavior of tax entities through relevant legal, legislative norms, in the protection of property rights of individual payers and public interests that are implemented in the financial and tax activities of the state. A sufficiently wide attention has been paid to this process since the introduction of the electronic administration of value added tax. Thus, there arises a need for further scientific research into the introduction of electronic administration of value added tax, especially its legal regulation, including the operations with electronic accounts. The article analyzes the current state of regulatory consolidation of the procedure for the operation of electronic accounts, in particular, those related to transactions on their replenishment (receipt of funds) and return of overpaid funds, as well as the impact of such transactions on the registration limit. This made it possible to identify problematic issues of a legal nature, which lead to a violation of balance in relations between a taxpayer and the budget system, to find the ways to solve them and draw scientifically based conclusions on the outlined problems.
增值税电子管理:法律方面
本文对增值税电子管理制度的法律问题进行了探讨,特别是对电子账务(操作)的一些问题进行了法律规制。现代信息技术的发展及其在国家(权力)管理机制中的广泛应用有助于出现新的经济和法律关系,包括有关税收和费用的关系。上述规定适用于增值税的管理。与此同时,国家的强制性结构特征之一是税收制度,因为国家调控的目标之一是税费管理制度,在这个制度下,一方面征收的税收要足以保证国家任务的完成和职能的履行,另一方面,纳税程序的负担对纳税人来说也不能过重。反过来,税收领域的主要法律问题主要涉及通过相关的法律、立法规范,在国家财税活动中对纳税人个人的财产权和公共利益的保护中,确定并有效地保证税收主体行为的自由和必要性的限度。增值税电子管理实施以来,这一过程得到了足够广泛的关注。因此,有必要对增值税电子管理的引入进行进一步的科学研究,特别是对增值税电子管理的法律规制,包括电子账户的操作。本文分析了电子账户操作程序的监管整合现状,特别是与电子账户补充(资金接收)和多付资金返还相关的交易,以及此类交易对注册限额的影响。这样就有可能查明导致违反纳税人与预算制度之间关系平衡的法律性质的问题,找到解决这些问题的方法,并就所概述的问题得出基于科学的结论。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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