Tax on withdrawn capital or amnesty of shadow incomes

The purpose of the article is to analyze the legal grounds and economic expediency of replacing the income tax with a tax on withdrawn capital, identify real problems that the legislator is trying to solve with such a replacement, and assess their adequacy to the needs of states. The empirical basis of the research is the results of the analysis of the taxation system, theoretical developments of domestic and foreign scientists on the problems of financial law and economic science, the current legislation of Ukraine, the norms governing legal relations in the researched area, and the norms of the current agreements between Ukraine and the EU and the Treaty on the Establishment of the EU. The results of the conducted research allow us to conclude that the introduction of the tax on withdrawn capital does not solve any problem, the need to solve which justifies its introduction. The replacement will introduce another fraudulent scheme organized around the principle of value added tax, which trying to introduce under the name of tax on withdrawn capital. The only result of replacing the income tax with a tax on withdrawn capital will be an illegal amnesty of shadow capital at the expense of the State Budget and the Pension Fund of Ukraine, a complete lack of tax control, stimulation of tax evasion and uncontrolled exports capital to abroad. The bill offers a solution to those problems that must be solved with the help of the Code of Ukraine on bankruptcy procedures and audit procedures. The real problems of the taxation system are the lack of methods provided for by the Tax Code to unambiguously determine the tax base of all taxes due to the uncertainty of the structure of market prices, the uncertainty of the concept of "added value" and its components, application of the worst value added calculation method and tax legal relations between VAT payers. The problems of the taxation system are complicated by the wrongly oriented policy of the National Bank and the Government of Ukraine, agreements on the avoidance of double taxation, rules of thin capitalization, transfer pricing, controlled foreign companies, deviation from the basic source principle and incorrect definition of the concept of "resident" in relation to physical and legal entities. In order to unambiguously determine the tax base, the work proposes the definition of the structure of added value and its components, the structure of fair market prices, the introduction of the additive (balance sheet) method of calculating added value and payment of VAT. in real time directly to the budget at each stage of production and/or distribution.

tax on income, on withdrawn capital, components of added value, structure of market prices, additive method, tax legal relations