{"title":"Фактическое Право на Доход в Налоговом Праве России: Основные Этапы Развития","authors":"Victor Matchekhin","doi":"10.15290/ipf.2022.11","DOIUrl":"https://doi.org/10.15290/ipf.2022.11","url":null,"abstract":"The concept of the beneficial ownership on income has been contained in Russian international tax treaties for more than 30 years. During this time, the tax authorities of Russia have formed practical approaches to the implementation of this concept, issuing instructions, recommendations and clarifications of the provisions of international tax treaties. The concept has experienced the first serious test in relation to the taxation of interest income paid on commercial Eurobonds of Russian issuers. But the active practice of applying this concept began in 2015, when the Tax Code of the Russian Federation included special provisions on the actual right to income and on the procedure for applying this concept. Judicial practice in Russia has shown numerous significant disagreements between the positions of tax authorities, taxpayers and tax agents. The legislative consolidation of the concept of the actual right to income and numerous legal disputes regarding the application of this concept in specific circumstances stimulated to its serious doctrinal understanding in Russia.","PeriodicalId":253614,"journal":{"name":"Investments and Public Finance","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126559446","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Principles of Taxation of Interest Income or Discount on Covered Bonds Issued in Poland","authors":"Zbigniew Ofiarski","doi":"10.15290/ipf.2022.15","DOIUrl":"https://doi.org/10.15290/ipf.2022.15","url":null,"abstract":"The rules of taxation of revenues or income from covered bonds issued in Poland may become a significant barrier to the demand for this category of debt securities and, as a result, considerably limit the capabilities of mortgage banks to grant long-term loans for investment purposes. The present study has analysed and assessed the legislation in force in Poland regarding the scope and methods of taxation of interest and discount on covered bonds as a form of revenue or income earned by their holders. The aim of the study is to present various methods of taxation of these revenues or income, determined by the legal status of taxpayers. The thesis verified herein assumes the excessive privileging of non-residents with revenues or income from covered bonds, leading to unequal treatment of the taxpayers who are Polish tax residents. Furthermore, the study demonstrates that the legislator has led to a situation where corporate income tax payers are treated more favourably than personal income tax payers as regards the taxation of interest and discount on covered bonds. The formulated de lege ferenda postulates are intended to significantly reduce these differences in the taxation of revenues or income obtained from the same source. The study uses the legal-dogmatic method and, additionally, the analytical method.","PeriodicalId":253614,"journal":{"name":"Investments and Public Finance","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133241428","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Organizational Legal Forms for Social Entrepreneurship in the Republic of Kazakhstan","authors":"F. Karagussov","doi":"10.15290/ipf.2022.05","DOIUrl":"https://doi.org/10.15290/ipf.2022.05","url":null,"abstract":"This article includes an analyzes of first steps taken in Kazakhstan to create a legal and organizational framework for social entrepreneurship. The expediency to distinguish a specific type of legal entities (along with commercial and non-commercial legal entities) in the Civil Code of the Republic of Kazakhstan, as well as to regulate special organizational and legal forms for conducting social entrepreneurship is substantiated. The absence (at least in most cases) of traditionally understood financial investment relations in the establishment and financing of the activities of social entrepreneurship entities (and Social Economy as a whole) is stressed out. The need for the State to declare (as its political task) its focus on the formation of Social and Solidarity economy in Kazakhstan as a special sector of the national economy, including with the obligatory development of constitutional foundations to ensure the common good, recognition and observance of public interest, is emphasized. The objective need to create an eff ective system of social finance to support and develop Social Economy in Kazakhstan is substantiated.","PeriodicalId":253614,"journal":{"name":"Investments and Public Finance","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132843368","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Can Democracy Harm Public Finance? Some Evidences from Europe","authors":"Urszula K. Zawadzka-Pąk, P. Jamróz","doi":"10.15290/ipf.2022.21","DOIUrl":"https://doi.org/10.15290/ipf.2022.21","url":null,"abstract":"James Buchanan and Richard Wagner in their famous book “Democracy in Deficit” note that democracy has not enough fiscal discipline because the citizens’ representatives are chosen in the election and they take the budgetary decisions seeking the re-election. Their theory of public choice may suggest the existence of a positive relationship between the democracy’s quality and the public debt level reflecting the long-lasting consequences of the budgetary decisions of policy-makers. Thus, we formulate the following research question: Is democratic system harmful for public finance? To operationalize the democratic system, we use five democracy indices (i.e., electoral, liberal, participatory, deliberative, and egalitarian), and the public debt to operationalize the threat for public finance. Conclusions put in a new light the theory, as first the study confirmed that there are statistically significant relationships between democracy’s quality and public debt and, however not in case of every democracy index and every European country.","PeriodicalId":253614,"journal":{"name":"Investments and Public Finance","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117116081","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Financial and Legal Aspects of the Participation of Municipalities of the Russian Federation in the Implementation of National Projects","authors":"E. Kireeva","doi":"10.15290/ipf.2022.06","DOIUrl":"https://doi.org/10.15290/ipf.2022.06","url":null,"abstract":"Using a system analysis and a comparative legal method the author considers participation of municipalities in the implementation of project activities, including their role in the implementation of national projects in the Russian Federation. Th e paper provides examples of strategic investment projects implemented by the municipalities of the Moscow region, identifies current problems.","PeriodicalId":253614,"journal":{"name":"Investments and Public Finance","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116187390","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Government Support For Commune Housing Investments in Poland During the Covid-19 Pandemic","authors":"Małgorzata Ofiarska","doi":"10.15290/ipf.2022.14","DOIUrl":"https://doi.org/10.15290/ipf.2022.14","url":null,"abstract":"One of the effects of the COVID-19 pandemic may be a reduction in investment expenditure of communes, including those allocated for the implementation of tasks in the field of commune housing. Taking this risk into account, the Government Housing Development Fund (Rządowy Fundusz Rozwoju Mieszkalnictwa – RFRM) was established in 2020. It is a temporary, i.e. a 3-year mechanism of financial support for communes with the aim of strengthening their share in the share capitals of social housing initiatives (SIMs), which function in the form of limited liability companies, joint stock companies or cooperatives of legal entities. Support is provided at the request of the interested communes. Once an application is positively verified by the competent minister, the amount of support is transferred to the commune by Bank Gospodarstwa Krajowego, which serves the RFRM, supported by contributions from the COVID-19 Counteracting Fund. In this study, an analysis and assessment of the applicable legal provisions was carried out in order to establish the legal status of the RFRM and the essence of the support provided to communes. Th e thesis about the public status of this fund as well as the temporary and purposeful nature of the support provided therefrom has been verifi ed as true. Support provided by the RFRM may not be used for any purposes other than the acquisition of shares or stocks in SIMs by the commune. The study uses the legal-dogmatic method and, additionally, the analytical method, to present specific numerical values reflecting the importance of the RFRM support.","PeriodicalId":253614,"journal":{"name":"Investments and Public Finance","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126277546","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Improving the Procedures for Concluding Transfer Pricing Agreements in Russia and Kazakhstan: a Comparative-Legal Analysis","authors":"V. Belykh, T. Stadnik","doi":"10.15290/ipf.2022.01","DOIUrl":"https://doi.org/10.15290/ipf.2022.01","url":null,"abstract":"The article provides a comparative analysis of the procedure for considering and concluding transfer pricing agreements in the countries of the Organization for Economic Cooperation and Development, the Russian Federation and the Republic of Kazakhstan. The issues of determining the parties to the transfer pricing agreement, introducing amendments and additions to them, the timing of the final decision on the application of entrepreneurs to conclude an agreement, as well as the list of documents required for its signing are to be investigated. The discussions of civil scientists regarding the interpretation of the nature of agreements on pricing, namely, referring them to one of the types of tax control or to a contractual form of regulation of relations in the field of taxation have been studied and reflected. The positive and negative aspects of transfer pricing agreements for the state and business have been identifi ed. It is noted that pricing agreements can help achieve a balance of public and private interests, neutralize the negative aspects of the use of transfer prices, including reducing numerous disputes and litigation between entrepreneurs and government agencies. Proposals were made to amend and supplement the legislation on transfer pricing in Russia and Kazakhstan in terms of improving the procedure for concluding transfer pricing agreements for tax purposes.","PeriodicalId":253614,"journal":{"name":"Investments and Public Finance","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133646189","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Eu Economic Policy Coordination in the Context of Mitigating the Effects of Covid-19 Pandemic","authors":"Marcin Tyniewicki","doi":"10.15290/ipf.2022.20","DOIUrl":"https://doi.org/10.15290/ipf.2022.20","url":null,"abstract":"Economic policy of the European Union demonstrates significant specificity in relation to the classic understanding of economic policy implemented by a state. It results from the fact that in the EU economic policy participate states which at the same time retained competences to implement their own policies, however in specific areas these competences are limited, sometimes significantly. This complex structure means that the EU policy requires coordination. EU economic policy coordination was significant during the fight against COVID-19 pandemic and mitigating its effects. In this scope, the European Commission suggested several solutions (financial instruments).The subject of this paper is, on the one hand, the analysis of a theoretical model of the EU economic policy coordination resulting from the Treaty provisions, and on the other hand, legal evaluation of financial actions proposed by the EU and aimed at combating the effects of COVID-19 pandemic. This assessment is not unequivocally positive, because the Author has made a thesis that a part of the initiatives raises doubt regarding their compliance with the provisions of the Treaties.","PeriodicalId":253614,"journal":{"name":"Investments and Public Finance","volume":"186 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133684283","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Features of Legal Regulation of Investment Activities in Russia","authors":"L. Korobeinikova","doi":"10.15290/ipf.2022.08","DOIUrl":"https://doi.org/10.15290/ipf.2022.08","url":null,"abstract":"The article considers some problems of legal regulation of investment activity in the Russian Federation. The issues of state regulation of investment activity are reflected, the actual problems of improving the forms and methods of state regulation in this area are considered. The effective development of the economy is directly related to the activation of investment activity. The transition to an innovative path of economic development has further actualized the importance of this factor. The solution to the problem of intensification of investment processes depends on many circumstances and involves the implementation of various measures in terms of content. Among them, an important place is occupied by the legal aspects of investment, improving the legal regulation of investment activities, which, in turn, necessitates a systematic and comprehensive study of the investment process as an economic and legal phenomenon, its essence and socio-economic significance, common properties and features generated by the diversity of investment spheres and types of investors, concretization of basic, basic concepts in this area of legal regulation, many of which do not meet the requirements of certainty and consistency.","PeriodicalId":253614,"journal":{"name":"Investments and Public Finance","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124055484","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Agricultural tax incentives to stimulate economic investment in Poland","authors":"A. Gorgol","doi":"10.15290/ipf.2022.22","DOIUrl":"https://doi.org/10.15290/ipf.2022.22","url":null,"abstract":"To induce a taxpayer to act in a manner consistent with the objectives of the tax policy of the state, it is necessary to apply appropriate tax instruments, which are measures for the implementation of the incentive function of agricultural tax. Th ese primarily include tax exemptions and reliefs. The subject of this study includes issues related to the use of tax instruments to stimulate the economic investments of agricultural taxpayers. The author’s research intention is to demonstrate the truthfulness of the thesis that the effectiveness of these incentives is not optimal and can be increased by eliminating legal measures not adapted to the needs of fiscal stimulation. To achieve this objective, it is necessary to determine in the first place what is characteristic of each preference aimed at increasing economic investment in the farm. On this basis, in the second place, further groups of stimuli may be distinguished following the analysis of their features, both common and separate. Thanks to this, the disadvantages of the legal provisions applicable to stimulation preferences in the strict and largo sense are presented in separate chapters of this study","PeriodicalId":253614,"journal":{"name":"Investments and Public Finance","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115489099","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}