Vasilchuk E.V., Cand.Econ.Sci., senior teacher of Kostanaysky state university of a name of A. Baytursynov

Tax risk: concept and manifestation

Now managing subjects and authorized bodies of the government quite often have a question: how it is correct to interpret the concept "tax risk"? This question for today debatable that is caused in a certain measure and distinctions in approach to the process of the taxation. So, the points of view of those who pays taxes, and those who collects them are opposite. For development of theoretical bases of an assessment of tax risks it is necessary to compare the specified points of view, to consider the economic and legal nature of tax risks, their place and value in a control system of the tax relations, to find out the reasons of emergence of tax risks and possible ways of their decrease.

In the Kazakhstan economy a role of objective factors in formation of tax risks of a bike. Thus forecasting of probability of change of these factors (for example: the tax legislation) it is very small, up to the actual unpredictability [1]. The enterprise can influence the size of tax risks only through subjective factors. The enterprise can't influence tax risk through objective factors as their action doesn't depend on enterprise activity. But it can (and has to) to take certain measures for mitigation of their influence on the size of tax risks.

Harmonization of interests of the state and taxpayers in these objective conditions, including provided by improvement of the national legislation, acts as an important factor of minimization of tax risks of all participants of tax legal relationship.

Thus, the tax risk is a possible approach adverse material (first of all financial) and other consequences for the taxpayer or the state as a result of actions (bezdeystviye) of participants of tax legal relationship.

The risk in general is a category subjective. The risk tax is financial (a monetary assessment) negative consequences of irrational actions (or inaction) the particular person or a group of persons in the organization in the field of management of tax obligations of the taxpayer. Tax planning – state function, instead of the taxpayer as he can't operate elements of a tax and order of its calculation.

Tax risks in process of their increase can be presented as follows: risk of tax control; shortage and penalty fee additional accrual; sanctions; increase in tax time, decrease and liquidity loss; losses of investment appeal (falling of cost of business; credit loss) administrative prosecution; (penalties and disqualification of heads and owners, arrest of assets, suspension of activity, bankruptcy, elimination of the legal entity) [2].

As sources of tax risks act: illegibility and high dynamics of the legislation and jurisprudence; illegal actions or inaction of representatives of government bodies; strategic mistakes when planning business; discrepancy of declared actions of owners with the actual; human factor (errors of competence, technical mistakes, deliberate mistakes, ignoring of legislative restrictions), wrong arrangement of priorities of responsibility. Their importance was defined as internal questioning in which 1234 persons participated, including: 30% - directors, 30%-financial heads, 30%-lawyers, 10%-owners. Results of questioning were following: human factor (42%); discrepancy of declared actions of owners with actual (21%); strategic mistakes when planning business (17%); illegibility and high dynamics of the legislation and jurisprudence (14%); illegal actions or inaction of representatives of government bodies (6%).

The international financial crisis created new problems on which decision years will leave. Lately in Kazakhstan there were very important changes connected, including to tax risks. We can note surely that "rules of the game" for business exchanged: that was allowed now earlier admits criminal punishable act [3].

The tax risk also arises in the course of formation of accounting policies at a choice of ways of tax accounting, including a way of the accounting of tax obligations. As a rule, use that version of the account which provides the minimum sum of tax payments, however it can be wrong, both owing to objective shortcomings of the legislation, and as a result of action of a subjective factor – professional judgment of the accountant. In this case the tax risk is shown in the form of payment of the additional amounts of a tax.

After the end of formation of accounting policies the tax risk is that during implementation of economic activity conditions proceeding from which the choice is made can change, for example, the rate of a tax will change, privileges, etc. in this case the tax risk connected with possible change of the sum of tax payments [4] takes place.

For ensuring high-quality conducting calculations for taxes it is necessary to develop the subsystem of tax document flow including primary documents, forms for calculation of elements of a tax (tax base, privileges, etc.), the sums of a tax and registers on formation of size of tax obligations and their execution. It is also necessary to develop technology of information transfer about taxes, to define responsible persons for each type of tax documents and terms of their drawing up. Observance of technology of processing of the accounting documents connected with the taxation, promotes reduction of quantity of accounting mistakes and increases quality of tax accounting and consequently, promotes decrease in tax risk.

Special value for decrease in tax risk has tax planning. Its feature is that the enterprises influences only part of factors (on internal factors), promoting decrease in tax risk, the enterprise can't have impact on other part of factors (external factors).

It is necessary to understand the purposeful activity of the organization focused on the maximum use of all nuances of the existing tax legislation for reduction of tax payments in the budget as tax planning, and also the sums of a penalty fee for untimely payment of taxes and the sums of penalties for violation of the tax legislation [5].

The majority of the enterprises doesn't manage to avoid the mistakes connected with formation and execution of tax obligations that testifies to their susceptibility to tax risk. Work on identification and elimination of the tax mistakes made on already accrued and paid taxes, is carried out within monitoring of tax mistakes which has to be an integral part of the organization of tax accounting at the enterprise. The tax risk has to be considered by the enterprise not only at management of tax obligations, it also should be considered and when conducting management accounting in other fields of activity of the enterprise, for example, at making decision on investment.

In the reporting of the enterprise it is expedient to reflect information on taxes in the format presented in table 1. On each indicator it is necessary to point debt size to the beginning and the end of the reporting period, the sums added and paid for the reporting period and for the similar period of last year, it is expedient to reflect data in the block of information on the state help with tax vysvobozhdeniye, their sizes, terms, granting conditions.

Table 1

Information on a condition of calculations on taxes

Indicator	Reflection specification	Explanation
1 . Total amount of debt on the taxes Sum of All Debt.	Arrears sum.	IFRS 14 "Segment reporting" IFRS 27 "Consolidated separate financial statements"
2 . Debt on each type of tax and collecting	Sum of all debt. Arrears sum.	It is entered in addition for the administrative purposes
3 . Debt on a penalty fee on each tax of	All on reporting date	All on reporting date It is entered in addition for the administrative purposes
4 . Debt on penalties on each type of tax of	All for reporting date	It is entered in addition for the administrative purposes
5 . The tax mistake revealed after reporting date the	Sum of tax payment, corresponding to the revealed mistake. Assessment of consequences of the revealed mistake.	IFRS 10 "Events after reporting date"
6 . Existence of unfinished judicial proceedings on taxes on reporting date.	The short characteristic of the expected conditional fact. Assessment of consequences of the conditional fact.	IFRS 31 "Participation in joint activity"

The indicators listed in table 1, being necessary for users of financial statements, from our point of view, fully don't characterize a qualitative condition of the taxation at the enterprise [4].

If a tax inspection at the enterprise wasn't carried out in the reporting period, possible mistakes in the account, connected with the taxation, weren't found and consequently, they didn't find reflection in financial statements. Besides, the enterprise, for example, can have the insignificant sums of the added payments of the budget owing to the small volume of activity or the provided privileges, but thus it has a high tax risk, and consequently, a high probability of bankruptcy by results of tax audits. Thus, it is necessary to reflect information not only on calculations on taxes, but also on tax risk in the reporting of the enterprise. If by preparation of accounting reports there is a considerable uncertainty concerning events and conditions which can generate essential doubts in applicability of an assumption of a continuity of activity, the organization has to indicate such uncertainty and unambiguously describe with what it is connected.

Information on tax risk is useful not only to external users, but also for internal as the size of tax payments, a penalty fee and financial sanctions directly influences a financial position of the enterprise, the income of his owners. Owners are interested in obtaining the income from the capitals, i.e. in dividends. If the enterprise possesses big tax risk, profit which could be aimed at the enterprise development, on payment of dividends, can be absorbed by penal tax sanctions. Timely information will allow owners to make the relevant decision on decrease in tax risk.

Submission of data on tax risk in the reporting is an attempt to measure such immeasurable indicator as honesty of the management of the company, level of possible trust to it. However arise a contradiction: data on tax risk is an area of a trade secret of the enterprise, and they are offered to be opened in the reporting. But no contradiction is present: first, the enterprise independently solves, to open in the reporting of data on tax risk or not, secondly, all information is reflected in financial statements, but only the result developed in management accounting at use of chosen option of accounting policies not. The events reforming of tax system led in recent years to essential increase of relevance of questions of management by tax risks of managing subjects [2].

Thus, with development of the market relations influence of tax risks on economic security of the enterprise therefore purposeful work on decrease in negative consequences of tax risks is one of the priority activities, safety of the enterprise promoting preservation, i.e. realization of an assumption of a continuity of activity increased.

Literature

1 . Tikhonov D., Lipnik L. tax planning and minimization of tax risks. - M.: Alpina Business of Buks, 2004. - 258 pages.

2 . Sheveleva E.V. Tax risk in enterprise accounting: yew. … edging. экон. sciences. - Kazan, 2000. – 168 pages.

3 . I.A form. Management of financial stabilization of the enterprise. - To. : Nick Center, 2003. - 467 pages.

4 . Chernova G. V., Kudryavtsev A.A. Risk management: manual. - M.: Prospectus, 2003. – 398 pages.

5 . Pikford Dzh. The risk management / lane from English O.N.Matveeva. - M.: JSC Vershina, 2004. – 567 pages.