论经济数字化条件下“纳税义务”制度的发展问题

IF 0.2 Q4 LAW
O. Lyutova
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引用次数: 1

摘要

这个话题。分析了由于经济数字化而产生的纳税义务制度的发展趋势。本文的目的是确定与“纳税义务”这一理论范畴和纳税人个人义务的法律规制有关的税法科学和税收立法的发展趋势。研究方法包括对管理一般具有约束力的税收义务问题的税收立法监管行为的分析,以及纳税和提交纳税申报表的义务。它们的主要结果和应用范围。在税收关系中积极使用信息和通信技术,需要对税法的中心类别——纳税义务——可能发生的转变进行理论评估。这将消除将此类交易通知税务机关的不必要的复杂过程,目前这一过程是由电子平台运营商和纳税人自己同时进行的。这将有可能对纳税人在数字化背景下履行的各种义务的法律规制的发展提出意见。本文论证了纳税义务概念内容的静态性,这是一个具有纳税义务概念特征的系统。由于对职业收入税的法律规定不明确,纳税义务中固有的一般义务的“经典”标志受到了质疑。发件人认为,在这方面,有必要在承认或不承认个体经营者作为企业家方面澄清其法律地位。还需要完善对使用单一纳税方式和逐步放弃纳税申报问题的法律规制。如果税务机关有技术能力进入数字化的新阶段,就应该出现这样的规范。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
On the question of development of the institute of “tax obligation” in the conditions of the digitalization of the economy
The subject. The analysis of trends in the development of the institution of tax liability, which arise as a result of digitalization of the economy.The purpose of the article is to identify trends in the development of the science of tax law and tax legislation in relation to the theoretical category “tax obligation” and the legal regulation of individual duties of taxpayers.The research methodology includes an analysis of regulatory acts of tax legislation governing the issues of generally binding tax obligations, as well as the obligation to pay tax and submit tax returns.The main results and scope of their application. The active use of information and communication technologies in tax relations necessitates a theoretical assessment of the possible transformation of the central category of tax law - tax liability.This will eliminate the unnecessarily complicated process of notifying the tax authorities about such transactions, which is currently being carried out simultaneously by the operators of electronic platforms and the taxpayers themselves. This will make it possible to develop an opinion on the development of legal regulation of various duties of taxpayers, which are fulfilled in the context of digitalization.Conclusions. The author proves the static nature of the content of the concept of tax liability, which is a system of its features. The “classic” sign of general obligation inherent in the tax obligation has been questioned as a result of the ambiguous legal regulation of the tax on professional income. According to the author, in this regard, it is necessary to clarify the legal status of the self-employed in terms of their recognition or non-recognition as entrepreneurs. It is also necessary to improve the legal regulation of the use of a single tax payment and the issue of the gradual abandonment of tax reporting. Such norms should appear if the tax authorities have the technical ability to move to a new stage of digitalization.
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66.70%
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