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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

Serebryakova T.Yu. Cheboksary Institute of Cooperation, Branch of Russian University of Cooperation, Cheboksary, Chuvash Republic, Russian Federation

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


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