征收土地以外的财产税:现状和改进前景

Olga Mashchenko, Ruslana Polovynkina, Oksana Davydenko
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It is found that the formation of a scientific basis for the study of taxation other than land is relevant. Recent research in the field of real estate taxation is reviewed and analysed. The main doctrines and scientific positions are presented, and the analysis of domestic legislation is carried out. The imperfection of tax legislation is substantiated. The authors analyse the conceptual framework of the Tax Code of Ukraine. It is also determined that the term \"tax collection\" is an independent and highly specialised term, which means a set of actions of controlling authorities in the field of tax collection on real estate other than a land plot. A detailed analysis of real estate objects that are not subject to the tax under study was carried out. The research reveals abuses by taxpayers in determining the tax base for real estate objects for which the ownership is not registered. It is proposed to amend the list of taxable real estate owned by spouses in joint ownership. Positive changes in tax legislation under martial law are outlined. The difficulty of effective collection of tax on immovable property other than a land plot is substantiated. Results. In the course of the study of the theoretical foundations of taxation of immovable property other than a land plot, the authors concludes that the legislative framework for taxation has gone through its historical path and continues to evolve. Over the period of validity of the TC of Ukraine, Article 266 has undergone numerous changes, both positive and negative, however, this indicates that the legislator is looking for the best ways to ensure the quality of the tax under study. The article reveals discrepancies in the categorical apparatus of the Tax Code of Ukraine, the legislator uses the terms \"administration\" and \"collection\". This paper considers it appropriate to use the concept of levying tax on real property other than a land plot. 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引用次数: 0

摘要

本文旨在研究对地块以外的不动产征税的历史和理论基础,提出消除立法空白的建议,并扩大研究上述税种的科学基础。研究方法。本研究基于对地块以外不动产征税领域税收立法的分析。文章概述了对除地块以外的不动产征税的形成和发展的历史阶段。本文分析了当前立法的变化,并确定法律规定的调整影响了征税对象和税率清单的规定、征税期限以及税收决定通知的形成机制。研究发现,形成研究土地以外税收的科学依据具有现实意义。对房地产税领域的最新研究进行了回顾和分析。介绍了主要理论和科学立场,并对国内立法进行了分析。证实了税收立法的不完善。作者分析了《乌克兰税法》的概念框架。还确定了 "征税 "一词是一个独立且高度专业化的术语,它指的是管制当局在对土地以外的不动产征税领域的一系列行为。对不属于研究对象的不动产进行了详细分析。研究揭示了纳税人在确定未办理所有权登记的不动产的税基时存在的弊端。建议修改夫妻共同拥有的应税不动产清单。概述了戒严法下税收立法的积极变化。证实了对非地块不动产有效征税的困难。成果。在对除地块以外的不动产征税的理论基础进行研究的过程中,作者得出结论,征税的立法框架经历了其历史轨迹并在继续演变。在《乌克兰税法》的有效期内,第 266 条经历了许多积极和消极的变化,然而,这表明立法者正在寻找确保所研究税种质量的最佳方法。文章揭示了《乌克兰税法》分类机构中的差异,立法者使用了 "管理 "和 "征收 "两个术语。本文认为应使用对土地以外的不动产征税的概念。作者证实了关于征收土地以外的税款的法律规定的不完善,这导致了对纳税人的滥用。该立法的积极创新之处在于将那些在敌对行动期间被毁坏、损坏(需要大修)和毁坏的物品纳入不征税范围。实际影响。本文提出了一些建议,根据这些建议,对《乌克兰税法》的修订将有助于更有效地征收除地块以外的不动产税。价值/独特性。苺郕訄郇邽 郱訄郕郋郇郋郈郋迮郕邽 郈郋郈郋郇 郱訄郕郋郇郋郈郋迮郕邽 郱訄訇迮郱郈迮迮郇郇 郱訄訇迮郱郈迮迮郇郇 郱訄訇迮郱郈迮迮郇郇 郱訄郕郋郇郋郈郋迮郕邽.
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COLLECTION OF TAX ON PROPERTY OTHER THAN LAND PLOTS: CURRENT STATE AND PROSPECTS FOR IMPROVEMENT
The purpose of the article is to study the historical and theoretical foundations of levying the tax on immovable property other than a land plot, to develop proposals for eliminating gaps in legislation and to expand the scientific basis for studying the above tax. Methodology. The study is based on the analysis of tax legislation in the field of levying tax on immovable property other than a land plot. The article outlines the historical stages of formation and development of taxation of immovable property other than a land plot. This paper analyses the current changes in legislation and establishes that the adjustments to legal regulation have affected the provisions of the list of objects and tax rates, the tax period, and the mechanism of forming a tax decision-notification. It is found that the formation of a scientific basis for the study of taxation other than land is relevant. Recent research in the field of real estate taxation is reviewed and analysed. The main doctrines and scientific positions are presented, and the analysis of domestic legislation is carried out. The imperfection of tax legislation is substantiated. The authors analyse the conceptual framework of the Tax Code of Ukraine. It is also determined that the term "tax collection" is an independent and highly specialised term, which means a set of actions of controlling authorities in the field of tax collection on real estate other than a land plot. A detailed analysis of real estate objects that are not subject to the tax under study was carried out. The research reveals abuses by taxpayers in determining the tax base for real estate objects for which the ownership is not registered. It is proposed to amend the list of taxable real estate owned by spouses in joint ownership. Positive changes in tax legislation under martial law are outlined. The difficulty of effective collection of tax on immovable property other than a land plot is substantiated. Results. In the course of the study of the theoretical foundations of taxation of immovable property other than a land plot, the authors concludes that the legislative framework for taxation has gone through its historical path and continues to evolve. Over the period of validity of the TC of Ukraine, Article 266 has undergone numerous changes, both positive and negative, however, this indicates that the legislator is looking for the best ways to ensure the quality of the tax under study. The article reveals discrepancies in the categorical apparatus of the Tax Code of Ukraine, the legislator uses the terms "administration" and "collection". This paper considers it appropriate to use the concept of levying tax on real property other than a land plot. The authors substantiate the imperfection of legal provisions regulating the collection of tax other than land, which contributes to the abuse of taxpayers. A positive novelty of the legislation is the inclusion of those objects that are not subject to taxation that are destroyed, damaged (requiring major repairs) and destroyed during the period of hostilities. Practical implications. The article provides proposals according to which amendments to the TC of Ukraine will facilitate more efficient collection of tax on immovable property other than land plots. Value/originality. The article provides proposals for amendments to the TC of Ukraine in terms of taxpayers' obligations, clarification of the preferential category of the tax base and jointly owned property.
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