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Taxes and Taxation
Reference:

Klimentieva, V. G. Creation of the Double Taxation of Profit as a Result of Correction of the Taxation Base

Abstract: The article is devoted to studying the whence of the double taxation of profit as a result of correction of a taxpayer’s taxation base. Based on the analysis of the Tax Codex of the Russian Federation and the Law ‘On Tax Authorities of the Russian Federation’, the author views the reasons of such a correction of a taxation base by the tax authority. The article also contains the description of the legal basis for the price revision of a transaction, juridical requalification, declaration of a transaction to be invalid as well as certain consequences of such deeds in the sphere of the tax law and civil law. The author defined the reasons of the double taxation and ways to overcome them. The author also defined several legal terms such as ‘correction of a taxation base’, ‘juridical requalification’ and ‘cross correction’. The article is based on the analysis of the existing legal acts in the sphere of taxation, court and law enforcement practice and the author’s personal experience.


Keywords:

tax, profit, base, correction, price, requalification, court, Constitution, Codex, arbitrage.


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