POSTPONEMENT OR INSTALLMENT OF TAX PAYMENTS AS A FORM OF A STATE AID FOR ECONOMIC ENTITIES

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POSTPONEMENT OR INSTALLMENT OF TAX PAYMENTS AS A FORM OF A STATE AID FOR ECONOMIC ENTITIES

Journal Title: Право та інновації - Year 2018, Vol 3, Issue 23

Abstract

Problem setting. Due to the unstable socio-economic situation in our country, economic entities, as participants of tax relations, do not always act in accordance with the requirements established by the tax legislation. It leads to an inadequate performance of paying taxes and fees duty and, as a consequence, to the occurrence of a tax debt. In order to decrease losses of the state and support of business entities, various mechanisms aimed at repayment of tax debt are included in the action, one of which is the postponement and installment of tax debt. Matters related to the postponement and / or installment of tax payers' tax debt have already been the subject of of such scholars researches as O. O. Yemelianova, K. V. Kalyan, M. P. Kucheriavenko, R. F. Khanova, N. I. Khimicheva etc. However, due to the rapid, dynamic changes in Ukrainian tax legislation, the procedure for applying postponement and installment of tax payments will require a detailed research. Thus, the purpose of the proposed article is to determine the features of the application of postponement and installment of tax payments. Article’s main body. According to the current tax legislation of Ukraine, postponement and installment are a kind of change in the maturity of the payment of tax liabilities (tax debt) of taxpayers. It was also agreed that various purposes for the deferment or postponement of the taxpayer's (tax duty) taxpayer's liabilities were regulated by law; their documentary evidence and the subjects confirming the existence of the relevant purposes. Of course, they differ in content. In the case of installment of the amount of monetary obligations or tax debt (including separately - the amount of penal (financial) sanctions) shall be repaid in equal shares starting from the month following the month in which the decision was made to grant such an installment. Postponemented amounts of monetary liabilities or tax debt are repaid in equal shares starting from any month determined by the relevant supervisory authority or appropriate local government, which approves the decision on installment or deferral of monetary obligations or tax debt, but not later than the end of 12 calendar months from the date of such a monetary obligation or tax debt, or once in full. It is proposed to amend the current tax legislation to improve the legal regulation of relations that arise between the taxpayer and the controlling authority regarding the postponement of installment of monetary obligations (tax debt). Conclusions and prospects for development. Having considered all the related aspects, regarding the installment (postponement) of monetary obligations or tax payer tax, we note the need for further improvement of the current legislature, its adaptation to the current situation in the legal field and clarification of legal terminology.

Authors and Affiliations

K. O. Tokarieva

Keywords

state aid; business entity; taxpayer; tax debt; monetary obligations; deferred tax payments; installments of tax payments.

EP ID EP491993
DOI -
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