第三方纳税的法律问题

Ilya Gennad'evich Chernyshenko
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摘要

在本文中,作者重点介绍了2016年与纳税义务履行性质相关的立法变化。考虑到许多理论立场,本文给出了他人纳税机制的优势和法律问题。本研究的目的是评估立法者假设非个人履行纳税义务的必要性和有效性。作者的结论是,有必要采取各种措施,有助于消除与非个人履行纳税义务相关的风险。在撰写本文时,采用了理论预测、形式法律、系统结构和法律建模等方法。本文的新颖之处在于,它对非个人纳税义务履行的研究进行了广泛的分析,关注了其对纳税人和税务机关的利弊。本文的另一个新颖之处是作者提出的旨在优化非个人纳税义务执行过程的措施。本文的主要结论是,迄今为止,在由第三方支付的情况下,没有单一的法律手段可以退还错误缴纳的税款。作者强调,为了完善这部分税收法律机制,确保纳税人的利益得到保护,立法者迫切需要在这方面做进一步的工作。
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Legal aspects of tax payments by a third party
In this article the author highlights the legislative changes of 2016 related to the nature of fulfilment of the tax obligation. Taking into account many doctrinal positions, both advantages and legal problems concerning the mechanism of tax payment by another person are given. The purpose of this study is to assess the necessity and effectiveness of the legislator's assumption of non-personal fulfilment of tax obligation. The author concludes that it is necessary to take various measures that contribute to levelling the risks associated with non-personal fulfilment of tax liability. When writing the article such methods as theoretical-predictive, formal-legal, system-structural and method of legal modelling were used. The novelty of this article lies in the fact that it provides an extensive analysis of the study of non-personal fulfilment of tax liability, drawing attention to its advantages and disadvantages for both taxpayers and tax authorities. Also an aspect of the novelty of the article is the measures proposed by the author aimed at optimising the process of non-personal enforcement of tax liability. The main conclusion of the article is that to date there is no single legal means for the return of erroneously paid tax payments in the case when the payment is made by a third party. The author emphasises the urgent need for further work of the legislator in this direction in order to improve the legal mechanism of taxation in this part, as well as to ensure the protection of taxpayers' interests.
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