税收抵免的形成条件:起源与当今问题

A. Lohvyn
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引用次数: 0

摘要

. 本文的目的是从法律的角度研究增值税抵免制度形成过程中存在的规制性和法律性问题,特别是增值税抵免制度中相关税额归属条款的形成及其规制与符合当今现实的问题。研究方法。这一工作是在科学认知的一般科学方法和特殊科学方法的基础上进行的。结果。在当前和以后的纳税期间,将相应的增值税数额归因于税收抵免的构成的可能性,既影响到纳税义务的减少,也影响到收到预算退款的可能性。因此,获得税收抵免权(特别是对商品/服务价格中实际支付的增值税)的财产利益是显而易见的。与此同时,自2022年1月1日起(最多365天),纳税人有权将增值税金额归因于税收抵免构成的减持,导致税收法人之间关系的平衡被打破。结论。对规范增值税抵免形成程序的规范性法律行为的规定进行了分析,包括确定将有关税额归为其构成的条件,从而有可能确定紧迫的法律问题。这些问题与从2022年开始税收抵免形成条件的减少有关,这在某种程度上影响了将相关税额归因于其基于注册税务发票的构成的可能性,特别是那些根据法院判决生效而实际登记的发票。此外,文章对发现的问题做出了科学的结论,并提出了可能的解决方案。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
TERMS OF TAX CREDIT FORMATION: GENESIS AND PROBLEMS OF TODAY
. The purpose of the article is to study the problematic issues of a regulatory and legal nature related to the formation of value added tax credit, in particular, the formation of terms of attributing the relevant amounts of tax to its composition, their regulation and compliance with the realities of today from the legal point of view. Research methods. The work was carried out based on the general scientific and special methods of scientific cognition. Results. The possibility of attributing the corresponding amounts of value added tax to the composition of tax credit, both in the current and subsequent tax periods, affects both the reduction of tax payment liabilities and the possibility of receiving a budget refund. Thus, the property benefit of obtaining the right to tax credit (especially on the actually paid value added tax in the price of goods /services) is obvious. At the same time, the introduction of a reduction in stocks from 01.01.2022 (up to 365 days), during which a taxpayer has the right to attribute value added tax amounts to composition of tax credit, leads to the violation of the balance of relations between tax legal entities. Conclusions. The performed analysis of the provisions of normative legal acts regulating the procedure for the formation of value added tax credit, including determining the terms for attributing the relevant amounts of tax to its composition, made it possible to identify urgent legal issues. These issues are related to the reduction of the terms for the tax credit formation from the beginning of 2022, which in some way affects the possibility of attributing the relevant tax amounts to its composition based on registered tax invoices, in particular, on those actually registered on the basis of the entry into force of a court decision. In addition, the article made scientifically based conclusions on the identified issues and proposed possible solutions.
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