Taxation of digital services in BRICS countries: A comparative analysis

IF 0.1 Q4 LAW
Karina A. Ponomareva
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Abstract

The need to ensure compliance with the fiscal interests of the state in the conditions of the emerging digital economy requires the transformation of essential approaches to the regulatory regulation of tax relations both in the context of determining the appropriate legal forms for regulating the national tax base. These tasks remain relevant even in the current conditions of sanctions restrictions. In the absence of consensus on tax projects of international organizations, many countries have begun to introduce digital taxes unilaterally. National digital taxes can be divided into three groups: income taxes, VAT for electronic services and hybrid taxes. These national digital taxes are considered on the examples of individual BRICS countries. The article examines the experience of Brazil as a state where discussions are actively underway about the need to introduce a digital tax and a number of tax bills have been developed in this area, India as a country that uses interesting and rather unconventional methods of taxation of digital companies, as well as China and South Africa as countries that use VAT for electronic services. Based on a comparative legal analysis of the legislation of the BRICS states, in which digital taxes have been introduced, possible scenarios for the development of tax regulation in Russia have been developed. It is concluded that the introduction of a digital tax in Russia is not appropriate. The methodological basis of the research consists of both general scientific methods (dialectical-materialistic, systemic, induction, deduction, analysis, synthesis) and interdisciplinary, as well as legal research methods proper. When conducting the research, it is planned to use proper legal methods and approaches: formal-legal and comparative-legal. The study is based on a comparative legal method that allows comparing similar legal problems existing in legislation and international treaties, as well as identifying optimal ways to resolve them.
金砖国家数字服务税收:比较分析
在新兴数字经济条件下,确保符合国家财政利益的需要要求在确定适当的法律形式来调节国家税基的背景下,转变税收关系监管的基本方法。即使在目前的制裁限制条件下,这些任务仍然具有现实意义。在国际组织对税收项目缺乏共识的情况下,许多国家开始单方面引入数字税。国家数字税可分为三大类:所得税、电子服务增值税和混合税。这些国家的数字税是根据金砖国家的具体情况考虑的。本文考察了巴西的经验,巴西正在积极讨论引入数字税的必要性,并在该领域制定了一些税收法案,印度是一个对数字公司使用有趣且相当非常规的征税方法的国家,以及中国和南非作为对电子服务使用增值税的国家。在对引入数字税的金砖国家立法进行比较法律分析的基础上,提出了俄罗斯税收监管发展的可能方案。结论是,在俄罗斯引入数字税是不合适的。研究的方法论基础既有一般科学方法(辩证唯物主义、系统方法、归纳法、演绎法、分析法、综合法),也有跨学科方法,当然也有法学研究方法。在进行研究时,计划使用适当的法律方法和途径:正式法律和比较法律。这项研究基于比较法,可以比较立法和国际条约中存在的类似法律问题,并确定解决这些问题的最佳途径。
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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来源期刊
CiteScore
0.30
自引率
50.00%
发文量
18
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