Collaboration, сompliance and tax intermediaries: the case of banks.

G.T. Nurbekova, M. Greggi
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Abstract

The purpose of the study is to assess the role of second-tier banks in the system of financial and tax interme- diation, to identify the relationship between legal regulation and the actual state of cooperation between tax authorities and commercial banks, compliance with laws and regulations in the field of compliance, as well as compliance with appropriate standards of conduct, both for banks and tax authorities bodies. Features of the interaction between banks and tax authorities are the implementation of mandatory instructions and the provi- sion of the necessary information by banks for state revenue authorities. Cooperation and interaction of the tax authorities with banks is established in the Tax Code of the Republic of Kazakhstan. The current tax and banking legislation does not adequately define the status of banks in tax administration. The Tax Code of the Republic of Kazakhstan in general terms defines the rules for cooperation and interaction between second-tier banks and tax authorities, but banking legislation in this regard bypasses this issue. In scientific terms, ap- proaches to disclosing the essence of financial intermediation of banks are ambiguous. Cooperation in the field of taxation, objectively established in the course of the historical development of the tax system, finds its legal consolidation and design, which is studied in this scientific work. In this regard, the article defines the legal status of banks in legal relations with the tax authorities, the role of banks as financial intermediaries in tax relations. This study also carried out a general analysis of potential and actual participants in tax legal re- lations, the list of which does not include banks. The research methodology was composed of analytical, sys- tematic, formal-legal methods. The theoretical basis was the works of scientists on financial, tax and banking law. The conclusions made in the course of this study can be used in further research in these areas of law, as well as for the purposes of improving tax intermediation in the current legislation of the Republic of Kazakh- stan.
合作、合规和税务中介:以银行为例。
这项研究的目的是评估二级银行在金融和税务中介系统中的作用,确定法律监管与税务机关与商业银行之间的实际合作状况之间的关系,遵守法律法规领域的遵守情况,以及遵守银行和税务机关机构的适当行为标准。银行和税务机关之间相互作用的特点是执行强制性指示,并由银行向国家税务机关提供必要的信息。《哈萨克斯坦共和国税法》规定了税务机关与银行的合作与互动。目前的税收和银行立法没有充分界定银行在税收管理中的地位。哈萨克斯坦共和国的税法一般规定了二级银行与税务机关之间的合作和互动规则,但这方面的银行立法绕过了这一问题。从科学的角度讲,揭示银行金融中介本质的途径是模糊的。税收领域的合作,是在税收制度的历史发展过程中客观确立起来的,它在法律上得到了巩固和设计,这是本科学工作所要研究的。对此,本文界定了银行在与税务机关法律关系中的法律地位,银行作为金融中介机构在税收关系中的作用。本研究也对税务法律关系的潜在和实际参与者进行了一般性分析,其中不包括银行。研究方法包括分析法、系统法和形式法。其理论基础是科学家在金融、税收和银行法方面的著作。在这项研究过程中得出的结论可以用于这些法律领域的进一步研究,也可以用于改进哈萨克斯坦共和国现行立法中的税收中介。
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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