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Publication date: 25.01.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
To increase competitiveness in any business niche, it is necessary to rationally use available resources.
- It is for this purpose that business entities resort to the optimization of many business metrics, one of which is the tax burden.
- An incorrectly chosen tax system, too high tax rates, lack of planning - all this can lead to significant negative consequences.
- Tax optimization is a powerful tool for the taxpayer, which consists in reducing the size of the tax liability by using all available legal instruments.
- The main goal of implementing optimization is not a short-term result in the form of a reduction in the amount of any specific tax, but long-term work on increasing the efficiency of the enterprise management system through detailed analysis and constant monitoring of indicators.
Features of tax optimization:
It is necessary to distinguish "tax evasion" from "tax optimization". In the first case, the taxpayer will commit a crime, violating Art. 212 of the Civil Code, which in the future will negatively affect the conduct of business, loss of reputation and significant financial costs. In the case of applying tax optimization, the business entity will not violate the laws, because it will use the tools that are provided for in the normative legal acts and at the same time will contribute to the improvement of the tax burden.
The main thing is that in the process of optimization, each step is implemented not at random, but as a result of legal analysis and calculation of costs.
- At the same time, the optimization scheme is extremely important, that is, the development of a new tax policy, which would consist of optimization tools, distribution of income and expenses, tax exemptions, benefits, etc.
- When developing a scheme, it is worth considering the optimal use of certain tools, their effectiveness, legality and impact on the further activity of the enterprise.
- Based on this, first of all, it is necessary to carry out the so-called tax planning, that is, to calculate tax payments, fees during the implementation of entrepreneurship and analyze how each of them affects profit, in general, business efficiency.
- Legal support for business is extremely necessary for the implementation of optimization tools. In the future, this will make it possible to determine which optimization tools should be used for internal and external tax planning.
Tax optimization tools:
• Application of a simplified taxation system. This system is a special taxation regime that allows you to reduce the tax burden on business in the framework of which separate taxes and fees are replaced by the payment of a single tax. At the same time, the simplified system provides for more optimal accounting and reporting. Limitations in the form of income limits, the number of employees and types of activities should also be taken into account. Therefore, when choosing this particular taxation system as an optimization tool, it is worth checking whether the above-mentioned restrictions will not have a negative impact on business.
• Use of tax benefits. According to clause 30.1 of the PKU, a tax benefit should be considered the exemption of the taxpayer from the obligation to calculate and pay certain taxes and fees, or their payment in a smaller amount. Benefits are applied based on the characteristics of certain groups of taxpayers, areas of their economic activity, and objects of taxation. The benefit itself will be provided through a tax discount, reduction of the tax liability, use of a lower tax rate, or exemption from paying it altogether. The main thing is to find out correctly whether there are reasons for the business to apply tax benefits.
• Change of tax subject. When using this optimization tool, it is worth investigating in detail the taxation regimes of various organizational and legal forms. The instrument itself consists in the fact that the company's profit in the form of expenses is transferred to those business entities whose tax regime is more favorable in terms of taxation (they receive benefits, operate on a simplified system, etc.).
Legal services for business:
As already mentioned, when forming an optimization scheme, legal analysis, which can be conducted by a lawyer for business, is extremely important. A business lawyer may also be needed both when defining tools and when implementing them. Therefore, the legal protection of business will help to form a tax policy that will contribute to the improvement of business indicators and competitiveness, and will ensure long-term growth of the efficiency of the management system.
