Taxation on VAT Operations on Return of Fixed Assets Initially Contributed to the Statutory Capital of Enterprise

Improvements in public policy in the sphere of taxation, development and adoption of the tax code, reform of fiscal bodies, unfortunately, have not eliminated such problems as dual understanding of some tax rules and incorrect definition of the object, and as a result - the very basis of taxation. I...

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Main Authors: Vinichenko Olena M., Mahdich Alisa S.
Format: Article
Language:English
Published: Research Centre of Industrial Problems of Development of NAS of Ukraine 2019-11-01
Series:Bìznes Inform
Subjects:
Online Access:https://www.business-inform.net/export_pdf/business-inform-2019-11_0-pages-309_315.pdf
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author Vinichenko Olena M.
Mahdich Alisa S.
author_facet Vinichenko Olena M.
Mahdich Alisa S.
author_sort Vinichenko Olena M.
collection DOAJ
description Improvements in public policy in the sphere of taxation, development and adoption of the tax code, reform of fiscal bodies, unfortunately, have not eliminated such problems as dual understanding of some tax rules and incorrect definition of the object, and as a result - the very basis of taxation. In the practical activities of enterprises there are known problems when accruing and recovering VAT, registration of tax invoices, definition of the object and the base of taxation. In particular, there are also situations, when the task is to determine whether to charge VAT in a given case or not, and what would be the object of taxation at all. The article is aimed at to studying certain aspects of VAT taxation, which are incorrect in the economic sense and lead to unreasonable expenses on the part of enterprises. The presented problem is considered on the example of VAT taxation on the operations on the return of fixed assets from the statutory capital of the legal entity to the former owner of these objects, provided he leaves the founders of the given legal entity. The inconsistency of the classical economic meaning of terminology used in the Tax Code of Ukraine, i.e. «added value», has been researched. It is determined that there is no formation of a value-added when returning fixed assets from the statutory capital. The tasks that VAT solves on the condition of return of fixed assets from the statutory capital are considered. A sequence of actions, which avoids unreasonable expenses of enterprise in carrying out operations on the return of fixed assets from the statutory capital in the existing conditions of taxation, has been defined. Conclusions have been drawn that the terminology used in the Tax Code of Ukraine should correspond to classical economic definitions; VAT should be imposed only on those operations in which value added is formed; VAT should be more than just a fiscal function. The proposed novations allow to eliminate the discrepancies of the rules of the Tax Code of Ukraine with the classical economy and reduce the damage to the enterprise from improper taxation.
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spelling doaj.art-6aec05d54aa246a6960d44e8b348515e2022-12-21T18:52:58ZengResearch Centre of Industrial Problems of Development of NAS of UkraineBìznes Inform2222-44592311-116X2019-11-011150230931510.32983/2222-4459-2019-11-309-315Taxation on VAT Operations on Return of Fixed Assets Initially Contributed to the Statutory Capital of EnterpriseVinichenko Olena M.0https://orcid.org/0000-0003-0828-0396Mahdich Alisa S.1https://orcid.org/0000-0001-9290-9745Ukrainian State University of Chemical TechnologyAlfred Nobel UniversityImprovements in public policy in the sphere of taxation, development and adoption of the tax code, reform of fiscal bodies, unfortunately, have not eliminated such problems as dual understanding of some tax rules and incorrect definition of the object, and as a result - the very basis of taxation. In the practical activities of enterprises there are known problems when accruing and recovering VAT, registration of tax invoices, definition of the object and the base of taxation. In particular, there are also situations, when the task is to determine whether to charge VAT in a given case or not, and what would be the object of taxation at all. The article is aimed at to studying certain aspects of VAT taxation, which are incorrect in the economic sense and lead to unreasonable expenses on the part of enterprises. The presented problem is considered on the example of VAT taxation on the operations on the return of fixed assets from the statutory capital of the legal entity to the former owner of these objects, provided he leaves the founders of the given legal entity. The inconsistency of the classical economic meaning of terminology used in the Tax Code of Ukraine, i.e. «added value», has been researched. It is determined that there is no formation of a value-added when returning fixed assets from the statutory capital. The tasks that VAT solves on the condition of return of fixed assets from the statutory capital are considered. A sequence of actions, which avoids unreasonable expenses of enterprise in carrying out operations on the return of fixed assets from the statutory capital in the existing conditions of taxation, has been defined. Conclusions have been drawn that the terminology used in the Tax Code of Ukraine should correspond to classical economic definitions; VAT should be imposed only on those operations in which value added is formed; VAT should be more than just a fiscal function. The proposed novations allow to eliminate the discrepancies of the rules of the Tax Code of Ukraine with the classical economy and reduce the damage to the enterprise from improper taxation.https://www.business-inform.net/export_pdf/business-inform-2019-11_0-pages-309_315.pdfvalue-added taxvalue addedstatutory capitalfixed assetstaxation
spellingShingle Vinichenko Olena M.
Mahdich Alisa S.
Taxation on VAT Operations on Return of Fixed Assets Initially Contributed to the Statutory Capital of Enterprise
Bìznes Inform
value-added tax
value added
statutory capital
fixed assets
taxation
title Taxation on VAT Operations on Return of Fixed Assets Initially Contributed to the Statutory Capital of Enterprise
title_full Taxation on VAT Operations on Return of Fixed Assets Initially Contributed to the Statutory Capital of Enterprise
title_fullStr Taxation on VAT Operations on Return of Fixed Assets Initially Contributed to the Statutory Capital of Enterprise
title_full_unstemmed Taxation on VAT Operations on Return of Fixed Assets Initially Contributed to the Statutory Capital of Enterprise
title_short Taxation on VAT Operations on Return of Fixed Assets Initially Contributed to the Statutory Capital of Enterprise
title_sort taxation on vat operations on return of fixed assets initially contributed to the statutory capital of enterprise
topic value-added tax
value added
statutory capital
fixed assets
taxation
url https://www.business-inform.net/export_pdf/business-inform-2019-11_0-pages-309_315.pdf
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AT mahdichalisas taxationonvatoperationsonreturnoffixedassetsinitiallycontributedtothestatutorycapitalofenterprise