BASICS OF TAXATION: elementary Course

A. V. Aronov
V. A. Kashin
V. V. Pankov

BASICS
OF TAXATION


        Elementary Course


Edited by Prof. Victor V. Pankov

ACADEMUS
Publishing

Academus Publishing 2018

Academus Publishing, Inc.


ACADEMUS
Publishing

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Peer reviewed by
Prof. Dr. L. Tchaikovskaya
Prof. Dr. V. Panskov




© Publisher, Academus Publishing, Inc., 2018
The right of A. V. Aronov, V. A. Kashin, V. V. Pankov is identified as the authors of this work.



ISBN 10: 1-4946-0009-9
ISBN 13: 978-1-4946-0009-9


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            Contents







Introduction ......................................................... 5

PART
1
Theoretical Basics of Taxation ....................................... 7
1.1.  Historical Origin of Taxes ..................................... 9
1.2.  Commodity, Money, Credit, and Financial Relations ............. 13
1.3.  Concepts and Definitions ...................................... 18
1.4.  Elements of Tax ............................................... 20

PART
2
Main Types of Taxes ................................................. 27
2.1.  Classification of Taxes ....................................... 29
2.2.  Property Taxes ................................................ 32
2.3.  Income Taxes .................................................. 35
2.4.  Deals Taxes ................................................... 41
2.5.  Special Tax Regimes ........................................... 44
2.6.  Systemic Taxes ................................................ 46

PART
3
Tax Administration ..................................................49
3.1.  Tax Relations and Tax Administration .......................... 51
3.2.  Taxpayers’ Rights and Obligations ............................. 54
3.3.  Rights and Obligations of Tax Authorities ..................... 58
3.4.  Specific Features of Tax Authorities’ Structure and Functions . 63

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PART
4
Tax Jurisdiction of the State and International Tax Relations ......... 67
4.1.  Tax Jurisdiction ................................................ 69
4.2.  Tax Residents and Nonresidents .................................. 71
4.3.  Tax Liabilities of Foreign Entities ............................. 73
4.4.  International Tax Relations ..................................... 77

Conclusion. Is Unified Tax Feasible? ...................................81

            Introduction








Historically, taxes have developed from the simplest most uniform forms to more and more diverse and sophisticated types as people’s economic activities types and forms have also diversified and become more complicated. Tax systems of all countries progressed in this way.
    The current tax system is complicated and diverse. Many types of taxes and special regimes are applied, and tax accounting on some types of taxes is extremely difficult; determination and use of regulative and fostering functions of various tax types is not coordinated.
    A shift from separate taxes to tax systems (that is, from specific taxes to systemic taxes) is the most notable trend in the modern taxation field. Similar taxes are grouped and unified rules, taxation, and reporting regimes, etc. are applied to the group, potentially leading to a unified system-forming tax.
    To develop such a tax system, scientific studies in finance and taxation theory, tax bodies’ practical experience, and the introduction of new information technologies are available.
    The use of advanced information technology systems is widespread nowadays. Such systems bring significant change to national tax systems and the international tax environment. Consequently, advanced countries formulate demands for new legislation and elaborate laws adapted to informatization of social life. New technologies, tools, and data significantly improve the effectiveness of tax process, and support taxpayers to meet their tax obligations.
    A comprehensive overview of modern taxation and the primary ways and methods of tax administration are presented in this textbook. Along with the basics of general theory and practice of taxes and taxation, general information on taxes and their types are provided in the first two parts of the textbook. The third part deals with the problems

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of tax administration, and effective work regarding various types of taxes. Essential information on international tax relations and agreements to reduce (or eliminate) the effect of international double taxation is given in the fourth part.

         Part




                1




         Theoretical Basics of Taxation

    1.1.  Historical Origin of Taxes
    1.2.  Commodity, Money, Credit, and Financial Relations
    1.3.  Concepts and Definitions
    1.4.  Elements of Tax

        1.1. Historical Origin of Taxes

Historically, modern taxes stem from early initial forms of taxation in the states of the ancient east, and from European taxes, collected by clerical authorities in the Catholic countries and by municipalities in free (Protestant) cities.
    Economically, the essence of taxes consists of replacing some private forms of consumption with public ones. In a legal sense, taxes are the instrument used to transform some part of personal property into public property. Consequently, taxes evolve along with people’s common, social demands, which creates various forms of communities — clan, tribe, principality, kingdom, empire, etc.
    Administering of justice and waging wars were the first people’s social needs. Neither of these were regular activities; thus, occasional fees were enough to support these needs. Fees in natural or monetary form were collected by judges directly from participants in civil property lawsuits; or from persons found guilty of criminal offenses. In “Rus Truth” [Russkaya Pravda], the law code by Prince Yaroslav Mudry [the Wise], the full list of judicial duties is presented. Those duties were collected and deposited to the princely treasury as a fee for consideration on crimes.
    Waging war was at first a public duty of all the men able to bear arms. Later, professional fighting teams were established and special fees were set during the periods of preparation for war and war itself, whether offensive and defensive.
    Aggressive wars were often financed via loans; those were returned to creditors out of seized property or at the expense of tribute from conquered people. As the saying goes, if a nation doesn’t want to feed its own army, it will soon feed an alien one.
    Conducting religious ceremonies was the first regular social need. Initially, sacrifices, i.e. monetary and natural duties, were connected with periodic religious ceremonies; then duties’ frequency was adjus

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