Economic sciences / 3. Financial relations

Assistant Kolisnichenko K.V.

Kherson national technical university, Ukraine

Basic aspects of tax risks

A tax risk is a danger for the subjects of tax legal relationships to bear financial and other losses, related to the process of taxation, as a result of negative rejections for these subjects from supposed, based on norms which operate, states of the future, from the calculation of which made a decision in nowadays.

Given determination means existence of tax risks not only for taxpayers but also for other participants of tax legal relationships. For example, for the state in the person of public organs of executive power a tax risk consists in the decline of tax receipt, salient the basic source of forming of budget sinkhead. For taxpayers growth of tax charges which are the variety of their enterprise charges, entails the decline of property potential, and, consequently, decline of possibilities for the decision of tasks which stand before them in the future.

A risk in its development passes a few stages, namely:

- origin of risk situation;

- appearance of actual risk and aggregate result.

To the basic types of tax risks belong:

– a risk of non-payment of taxes, which conduces to the negative consequences for a taxpayer as fines, fine, forfeits;

– a risk of tax control which conduces to the origin of approvals and losses from a failure to observe legislative tax acts;

– a risk of strengthening of the tax loading, differentiated after the types of economic activity and taxes depending on tax rates, privileges, volume of the created valueadded;

– a risk of tax minimization – to test authenticity of financial losses, related to the actions of taxpayer for minimization of tax payments;

– a risk of criminal pursuit of tax character which conducts to the substantial financial losses of taxpayer, or to imprisonment taxpayer for realization of tax offences, foreseen the articles of the Criminal code of Ukraine [1].

A risk is the objective phenomenon nature of which is conditioned the ambiguousness of future events. Risks can have both positive and negative character. In the case when we speak about origin of tax errors, penalty approvals and others like that risk is negative. If we talk about the decline of tax load, the risk of an economical subject is positive, and for its description we will apply the terms of «possibility», «backlogs».

Formulating a concept «tax risk», it is necessary to mean its negative character. Thus negative character of tax risks has certain forms of display not only for the taxpayers but also for all of the subjects of tax legal relationships which are acknowledged such.

It is necessary to differentiate a concept «tax risks» for taxpayers, tax agents and other state subjects. Thus for each of them he will have different forms of display.

It is expedient to attribute tax risks which can be appraised monetary to the financial risks, as money is financial basis of financial relations. In addition, tax relations are part of financial relations.

It is possible to count tax risks unfinancial, related to criminal responsibility only. Criminal responsibility can not be legally appraised monetary, while other types of responsibility can have money estimation.

Basic descriptions of tax risks are:

• related to the vagueness of economic and legal information;

• the inalienable constituent of financial risks;

• spread on the participants of tax legal relationships: taxpayers, tax agents and other state subjects;

• have negative character for all of participants of tax legal relationships (unlike other types of risks);

• appear for every participant of tax legal relationships variously.

How to avoid tax risks? Sure, to reduce tax risks to the zero is not succeeded, although it is needed to aspire to it. For the decline of tax risks it is necessary to decide the followings tasks:

- a removal or maximal minimization of contradictions in the Ukrainian tax legislation;

- competent examination of changes which are brought in the Ukrainian legislation about taxes and collections;

- a complete estimation of influence of the supposed changes in the Ukrainian tax legislation on activity of economical subjects, on a tax load and physical and legal persons;

- a complete estimation of losses for the Ukrainian budgetary system as a result of the supposed changes of tax legislation;

- the permanent monitoring of legislation about taxes and collections with the purpose to exposure contradictions in it [2].

Sources:

1. http://www.m-economy.ru/art.php3?artid=24664

2. http://organictheory.ru/taxplaning/taxrisk/