International Accounting
 

Abstracting and Indexing

РИНЦ
Referativny Zhurnal VINITI RAS
Worldcat
Google Scholar

Online available

EBSCOhost
Eastview
Elibrary
Biblioclub

Archiving

Cyberleninka (12 month OA embargo)

Conflicting provisions of tax laws on lease

Vol. 22, Iss. 1, JANUARY 2019

Received: 7 December 2018

Received in revised form: 17 December 2018

Accepted: 9 January 2019

Available online: 16 January 2019

Subject Heading: Tax and taxation

JEL Classification: H25, H26, K34

Pages: 38–48

https://doi.org/10.24891/ia.22.1.38

Serebryakova T.Yu. Cheboksary Institute of Cooperation, Branch of Russian University of Cooperation, Cheboksary, Chuvash Republic, Russian Federation
tserebryakova@rucoop.ru

https://orcid.org/0000-0003-3823-8447

Subject The research scrutinizes the economic substance of lease relationships in order to find weaknesses and discrepancies in clauses of the Tax Code underlying the income tax base with respect to relationships under lease contracts.
Objectives The research provides a rationale for the clarification of tax laws.
Methods The research involves general methods of cognition. Systems approach and logic generalization helped systematize prevailing views on legal relationships arising from taxation of lease, economic substance and impact on the amount of tax payments. The analysis is intended to identify general and specific aspects of tax legislation enforcement in lease. I synthesized the findings and performed the modeling to outline my recommendations for developing tax provisions on lease contracts.
Results Some clauses of tax laws were found to need clarification. This can be done without sacrificing the economic logic of charging the income tax and affecting the budget as the income tax is completely paid.
Conclusions and Relevance The tax code features some conflicting provisions on lease, thus requiring respective amendments. The findings are intended for legal attorneys, accountants, economists and financiers, their research and practice in tax laws.

Keywords: lease, depreciable property, lease payment, tax expense

References:

  1. Kozmenkova S.V. [Accounting for leased land]. Ekonomika sel'skogo khozyaistva Rossii = Economics of Russian Agriculture, 2000, no. 7, p. 22. (In Russ.)
  2. Simonishvili A. [Lease of cash control equipment]. Prakticheskii bukhgalterskii uchet = Practical Accounting, 2018, no. 9, pp. 55–61. (In Russ.)
  3. Kalacheva O.N. [Lease relationships as an important source of finance of SME]. Auditor, 2017, no. 11, pp. 49–55. (In Russ.)
  4. Kozyreva L.A. [Lease of fixed assets in question and answers]. Promyshlennost': bukhgalterskii uchet i nalogooblozhenie = Manufacturing Sector: Accounting and Taxation, 2017, no. 11, pp. 60–68. (In Russ.)
  5. Ermoshina E.L. [The lessee accounting for the subject of lease held on its balance sheet]. Nalog na pribyl': uchet dokhodov i raskhodov = Income Tax: Accounting for Income and Expense, 2017, no. 1, pp. 23–30. (In Russ.)
  6. Gafurova G.N. [Recognition of lease payments in accounting records: Errors and recommendations]. Bukhgalterskii uchet v izdatel'stve i poligrafii = Accounting in Publishing and Printing, 2017, no. 1, pp. 10–12. URL: Link (In Russ.)
  7. Vakhrushina M.A. [Accounting for lease operations. The Russian approach of lesee: Accounting and fiscal considerations]. Lizing = Leasing, 2010, no. 7, pp. 5–10. (In Russ.)
  8. Antonenko I. [Taxation of lease and rent]. Aktual'naya bukhgalteriya = Actual Accounting, 2013, no. 9, pp. 12–17. (In Russ.)
  9. Shiryaeva G.F. [The complex aspects of bookkeeping and tax accounting for leasing operations]. NAUKOVEDENIE, 2017, vol. 9, no. 6. URL: Link
  10. Solnyshkina A.V., Zubova A.A. [Accounting for acquisition of items on lease terms from lessor: The procedure for costing of the item to be leased in financial and tax accounting]. Lizing = Leasing, 2010, no. 5, pp. 17–21. (In Russ.)
  11. Semenikhin V.V., Danilova N.G. [Taxation of lease operations]. Lizing = Leasing, 2008, no. 7, pp. 40–45. (In Russ.)
  12. Parasotskaya N., Solodovnik D. [Financial and tax accounting for lease operations]. Finansovaya zhizn' = Financial Life, no. 3, pp. 6–9. (In Russ.)
  13. Auerbach N.Z. A Transactional Approach to Lease Analysis. Hofstra Law Review, 1985, vol. 13, iss. 2, pp. 309–373. URL: Link
  14. Alekseeva G.I. [Accounting for lease during the standardization of accounting and financial reporting]. Mezhdunarodnyi bukhgalterskii uchet = International Accounting, 2018, vol. 21, iss. 4, pp. 452–465. (In Russ.) URL: Link

View all articles of issue

 

ISSN 2311-9381 (Online)
ISSN 2073-5081 (Print)

Journal current issue

Vol. 22, Iss. 2
February 2019

Archive