虚拟资产的现行税收及其发展前景

Tetiana Shulha, Maksym Sikun, Inna Bezruchko
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摘要

引言本文涉及的主题近来变得更加相关和具有社会重要性。它涉及与虚拟资产流通相关业务的税收现状,以及该机构的发展前景。在这项工作中,个人作为纳税人参与的税收关系发挥了关键作用。最近,民法、行政法和刑法领域的许多科学家都研究了与虚拟资产流通相关的社会关系。税法领域对这一主题的研究也不例外,特别是因为虚拟资产被用于个人和法律实体之间的结算,而对税法的分析表明相关活动缺乏法律规范。寻找解决问题的可能途径将是工作的红线。科学家的著作、法律文书、个人税务咨询、国家当局的声明、官员的单独意见、乌克兰经济研究中心进行的研究,以及可以了解虚拟资产性质的互联网资料都被用于这项工作中,这些资料是确定适当征税程序的必要条件。这项工作的目的是确定对虚拟资产征税的最有效方法,以确保国家和公民在向国家预算支付强制性付款方面的自觉合作。成果。这项工作的贡献在于,除了对虚拟资产换取货币等价物的操作征税(这是过去几年科学工作的一个主要议题)之外,它还将包含对其他虚拟资产操作征税问题的现行立法分析,如用一种资产换取另一种资产、采矿和押注。结论。除了当前的监管和个别法律行为外,本文还揭示了虚拟资产税收的发展理念、现行法律草案、其优点和缺点,并表达了作者对与该主题相关的纳税责任主要内容的看法。
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Current taxation of virtual assets and its development prospects
Introduction. This paper is related to the topic which has become more relevant and socially important lately. It concerns the current state of affairs in the taxation of operations related to the circulation of virtual assets, as well as the development prospects of this institution. In the work, a key role is given to those tax relations in which individuals take part as a tax payer. Recently, many scientists in civil, administrative and criminal law fields have studied the social relations associated with the circulation of virtual assets. The study of the subject in tax law field was not an exception, in particular due to the fact that virtual assets are used to make settlements between individuals and legal entities, while the analysis of tax legislation indicates the absence of legal regulation of related activities. The search for possible ways to solve the problem will be work`s red line. Scientists` works, legal acts, individual tax consultations, statements of state authorities, separate opinions of officials, studies conducted by the Ukrainian Economic Research Center, as well as the Internet sources that allow to realize the nature of virtual assets, which are a necessary condition for determining the proper procedure for taxation are used in this work. The purpose of this work is to determine the most effective approaches to taxation of virtual assets that will ensure the conscious cooperation of the state and citizens in the context of paying mandatory payments to the state budget. Results. The contribution of this work consists in the fact that, in addition to the taxation of operations on the exchange of a virtual asset for a monetary equivalent, which has repeatedly been a leading topic for scientific works in the last years, it will contain an analysis of current legislation on the subject of taxation of other operations with virtual assets, such as exchanging one asset for another, mining and staking. Conclusion. In addition to current regulatory and individual legal acts, the paper reveals the concepts of the development of taxation of virtual assets, existing draft laws, their advantages and disadvantages, and express author’s opinions on the main elements of tax liability related to the topic.
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