Legal regulation of investment activities. Investment activity in special (free) economic zones and territories of priority development Legal regulation of investments in special economic zones
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Yakimova Olga Evgenievna. Legal regulation of entrepreneurial activity in Special Economic Zones in the Russian Federation: dissertation ... Candidate of Juridical Sciences: 12.00.03 / Yakimova Olga Evgenevna; [Place of protection: Mosk. state jurid. acad. them. O.E. Kutafina]. - Moscow, 2010 .-- 176 p. RSL OD, 61: 10-12 / 1075
Introduction
Chapter I. Fundamentals of the Legal Status of Special Economic Zones
1. The history of the creation of Special Economic Zones 16
1.1. World experience 16
1.2. Creation of Special Economic Zones in the Russian Federation 24
2. Concept, purposes of creation of SEZ, normative legal acts 39
3. Types of Special Economic Zones in the Russian Federation 49
Chapter II. Features of carrying out entrepreneurial activity on the territory of the SEZ in the Russian Federation
1. Residents of the Special Economic Zone in the Russian Federation 68
2. Features of agreements on the conduct of entrepreneurial activity on the territory of Special Economic Zones in the Russian Federation 84
3. Conditions for carrying out entrepreneurial activity on the territory of the SEZ in the Russian Federation 105
Chapter III. Legal regime for carrying out entrepreneurial activity in the SEZ
1. Features of taxation in Special Economic Zones 124
2. Features of customs regulation in SEZ 142
Bibliography 161
Introduction to work
Relevance of the research topic. One of the most
effective and promising forms of development of international relations, economic and scientific potential of the country, attracting investment, are Special Economic Zones (SEZ). Mechanisms similar to Russian special economic zones are successfully applied in many countries from the USA and Great Britain to India and China.
The creation of special economic zones is a very effective and promising direction for the development of the economy of individual territories and regions, mainly focused on the formation of entrepreneurial potential, stimulating the development of high-tech industries, the introduction of new technologies and the production of goods that are competitive on world markets. SEZs provide business entities with a number of advantages: tax, customs, export-import privileges; stimulate the development of small and medium-sized businesses; contribute to sustainable development the country's economy.
In the Russian Federation, Free Economic Zones initially appeared, in the development of which the problem of legal regulation took a central place.
The concepts of the Free Economic Zone and the Special Economic Zone are similar, but nevertheless their difference lies in the following: the purpose of creating a free economic zone is to provide tax and customs privileges; and SEZ - creation of infrastructure, attraction of investments to the territory of a certain 1 municipality for the development of the economy of the region and the country as a whole.
For the first time, SEZs were created in the United States in 1934 (the Foreign Trade Zones Act) in the form of Foreign Trade Zones to enhance foreign trade activities through "reduction.
customs costs for car production. In the Russian
Federation at the end of the 80s-1990s. XX century, the idea was born
creation of Free Economic Zones, a single
the state concept of creating zones of free
entrepreneurship 1. Free zones were viewed as an element of state foreign economic policy and a way to stimulate interstate relations.
Federal Law No. 116-FZ of 22.07.2005 "On Special Economic Zones in the Russian Federation" (FZ on SEZ) 2, in Art. 3 establishes that special economic zones are created for the development of: processing industries, high-tech industries, production of new types of products, development of transport infrastructure.
Thus, the Russian Federation has finally abandoned the Free Economic Zones. Currently, the practice of functioning of SEZs, carrying out entrepreneurial activities in them is gradually being comprehended. In recent years, the realization has come that general regime regulation economic activity in Russia (inaccessibility or high price of long-term financial resources for most organizations, high tax burden, complicated procedure for obtaining construction permits) is so unfavorable for development innovative economy that individual support measures (provision of only tax and customs privileges) for entrepreneurship cannot be dispensed with. Comprehensive improvements are needed in the legislative and administrative spheres, which today can be fully implemented only within the limited-sized territories with a special economic regime.
1 See: Resolution of the Supreme Soviet of the RSFSR No. 106-1 of July 14, 1990, “On the creation of free zones
entrepreneurship ". Resolution of the Supreme Soviet of the RSFSR No. 165-1 of 13.09.1990 "On the creation of free zones
entrepreneurship ".
2 See: Rossiyskaya Gazeta, No. 162, 27.07.2005.
Thus, the relevance of the study is justified by the need to analyze the legal regulation of entrepreneurial activity in Special Economic Zones, identify existing legal problems and prepare recommendations aimed at improving the current legislation.
The degree of scientific elaboration of the topic. The choice of the topic of the dissertation research is due not only to its relevance, but also to insufficient scientific development. In modern legal literature, the issues of legal regulation of entrepreneurial activity in the SEZ are practically not covered.
Selected problems of legal regulation
entrepreneurial activities in the SEZ are the subject of research by a number of domestic authors. For example, there are works devoted to the definition of the terminology of the SEZ (VL Surikov, SG Ovchinnikova); issues of administrative and legal "regulation of business activities of the SEZ (D. R. Arutyunov) ..
The purpose and objectives of the study. The purpose of this study is to develop proposals for improving the legal regulation of entrepreneurial activity in the SEZ.
Achievement of this goal is carried out by solving the following interrelated tasks:
study the history of the development of the SEZ;
Identify and disclose the subject of maintenance agreements
relevant activities on the territory of the SEZ;
Investigate and disclose the conditions required to obtain
SEZ resident status, stages of agreements conclusion;
Analyze issues related to expiration date
agreements for the conduct of relevant activities;
to consider the issue of legal regulation and control of entrepreneurial activity on the territory of the SEZ;
analyze the features of taxation and customs regulation in the SEZ.
Object and subject of research. The object of the research is entrepreneurial activity on the territory of the SEZ in the Russian Federation.
The subject of the research is the legal norms governing
entrepreneurial activity on the territory of the SEZ,
law enforcement practice, as well as conceptual points of view of jurists and economists regarding the development of legal regulation of entrepreneurial activity on the territory of the SEZ in the Russian Federation.
Methodological basis of the research. In the process of studying materials related to the subject of research, the candidate used such general scientific methods as analysis and synthesis, modeling method, system approach method, dialectical, historical and comparative jurisprudence method.
Research regulatory framework are: the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Tax Code of the Russian Federation, the Customs Code of the Russian Federation, Federal Laws: No. 116 - FZ of 22.07.2005 "On special economic zones in the Russian Federation", No. 39-FZ of 25.02. 1999 "On investment activities in the Russian Federation, carried out in the form of capital investments", No. 1488-1 of 06/26/1991, "On investment activities in the RSFSR", No. 16 FZ of 01/10/2006, "On the special economic zone in the Kaliningrad region and on amendments to some legislative acts Russian Federation ", FZ
No. 104 - ФЗ dated 30.05. 1999 "On the special economic zone in the Magadan region" and other laws and regulations.
The theoretical basis of the research are the works of such specialists in the field of general theory of law, civil, business, administrative law, such as: Alekseev S.S., Andrianov V.D., Boguslavsky M.M., Vishnyakov V.G., Gavze F.I., Danko T.P., Dunaev R.A., Ershova I.V., Lunts L.A., Novitsky I.B., Ovchinnikova S.G., Otnyukova G.D., Okrut Z. M., Popov L. L., Proyava S. M, Radaev V. V., Surikov V. L., Yakovlev V. F. and others.
Certain problems concerning the legal regulation of entrepreneurial activity on the territory of the SEZ are reflected in the works of: Arutyunova D.R., Basenko A.M., Gorbunova Yu.N., Denisova Ya.V., Doronina N.G., Malomuzh S.S. , Popova N.N .:, Reut A.I., Savina V.A., Chashina A.N., Shvydak N.G., Shastitko A.E., Yakovleva E.L. and others.
Scientific novelty of dissertation research consists in the fact that the dissertation candidate was one of the first to make an attempt to study the problems of legal regulation of entrepreneurial activity on the territory of the SEZ. In the study, the features of the conditions for carrying out entrepreneurial activities in the SEZ were revealed, the features of obtaining the status of a SEZ resident, the conclusion of agreements on the conduct of industrial production, technical innovation, tourist and recreational, port activities were investigated, the features of tax and customs regulation were disclosed, recommendations for improvement were formulated. current legislation on the SEZ.
The most significant theoretical and practical conclusions, proposals for improving the current legislation were expressed in the following provisions submitted to the defense:
1. We believe that the powers of the Ministry of Economic Development of the Russian Federation in relations with SEZ residents should be distributed as follows:
a) implemented in civil law forms (contracts for the provision of
services) must be transferred to commercial organizations - organizations
management;
b) realized in relations with SEZ residents (as well as with
persons claiming to acquire the status of a SEZ resident) in
administrative form (by adopting a non-normative act,
for example, registration of a subject as a resident of the SEZ) - to the authorities
executive power of the constituent entities of the Russian Federation, which corresponds to the essence
activities of authorities.
2. We believe that with the entrepreneur must conclude an agreement on
conducting relevant activities * on the territory, SEZ authority
executive power - a constituent entity of the Russian Federation or an organization, management, in
depending on who has been delegated the authority "to manage and
disposal of land plots and other real estate objects in
borders of the SEZ. Executive authorities of the constituent entities of the Russian Federation and organizations
departments act on behalf of the Ministry of Economic Development
RF, as links of a single centralized management system of the SEZ.
In accordance with Art. 12, 22, 31.1., 31.11. The Federal Law on the SEZ, the SEZ governing bodies are obliged to conclude with the SEZ resident a lease agreement for a land plot located within the boundaries of the SEZ. Based on the analysis of the above articles, the obligation to conclude an agreement with an entrepreneur should be assigned to the SEZ management body to whom the authority to manage and dispose of land plots and other real estate objects within the boundaries of the SEZ has been delegated.
3. The subject of an agreement on the conduct of a business
activities in the SEZ, based on the analysis of the Federal Law on the SEZ, Orders of the Ministry
economic development and trade of the Russian Federation (currently the Ministry
economic development of the Russian Federation) is investment activity, covering all its stages: organizational (preparatory), investment, entrepreneurial, which allows the agreement in its content to be attributed to an investment agreement. At the organizational stage, procedural issues are resolved with the SEZ governing bodies, preparation is carried out required documents... At the investment stage, the investment project is being implemented. The entrepreneurial phase is characterized by a payback period and a profit.
We offer the following definition of the concept of an agreement - the expression of the will of the parties, according to which the resident of the special economic zone during the term of the agreement undertakes to conduct investment and business activities provided for by the agreement, and the authorities of the special economic zones undertake, within the time period specified in the agreement, to conclude with the resident of the special economic zone a lease agreement for state and (or) municipal property located on land plots within the boundaries of a special economic zone, for conducting relevant activities, as well as providing residents of a special economic zone with other services provided for by the Federal Law on the SEZ.
4. The SEZ management bodies provide investors with a complex
public services that we propose to distinguish between the following
way: a) those outside the SEZ are carried out by other bodies
government authority, namely: the issuance of building permits,
ensuring the state examination of the design
documentation; b) intermediary services: receiving by governing bodies
SEZ of technical conditions for connection to engineering networks
securing and transferring these conditions and building permits
individual entrepreneurs, legal entities,
carrying out construction or reconstruction; reception and issuance of documents.
5. We assume that:
Obligations to provide investors with public services should be reflected in the articles of the Federal Law on SEZ (Articles 12, 22, 31.1., 31.11.) On the subject and conditions of agreements on business activities and Standard Forms of Agreements approved by Orders of the Ministry of Economic Development and Trade RF No. 64 of 10.03.2006, No. 383 of 09.11.2007
The inclusion of relevant services in the above norms is necessary in order to protect the rights of entrepreneurs in their relationship with the SEZ governing bodies.
6. We offer the following classification of the stages of confinement
agreements for the conduct of relevant activities on the territory of the SEZ:
a) sending a potential investor an application for conclusion
agreements and consideration (refusal to consider) the application by the body
SEZ management. The application is not an offer, but a strong-willed one-sided
an act expressing the subject's intention to acquire the right to conclusion
agreements and become a resident of the SEZ.
For anti-corruption purposes, it should be indicated in Art. 13 and 31.12. The Federal Law on SEZ grounds for refusing to consider an application for concluding an agreement in industrial, port SEZs, in the same way as is provided for other types of SEZs.
b) Expert assessment of the investor's business plan by an expert council
the relevant SEZ and its decision to support (refusal to
support) of the business plan. With the approval of the expert council, the business
plan, the investor has the right and the obligation of the SEZ governing body
conclude an agreement on the maintenance of the appropriate type of SEZ
entrepreneurial activity.
c) Sending by the SEZ governing body to the applicant a notification of
conclusion of an agreement (refusal to do so in the presence of a negative assessment
business plan by the expert council).
d) Conclusion of an agreement in writing in the form of a single
document.
7. In case of refusal to conclude an agreement, individual entrepreneurs and legal entities registered on the territory of the municipality, within the boundaries of which the SEZ is located, and registered there for tax purposes, incur losses associated with registration, settling in the SEZ. We believe that it is more expedient to move from the selection of registered investors on the territory of the SEZ to the preliminary selection of business plans (initially, without mandatory registration as legal or individual entrepreneurs in the territory of the municipality within which the SEZ is located).
We offer the following procedure for potential SEZ residents:
a) Founder (for legal entities) or individual
(potential individual entrepreneur) provide in
SEZ governing bodies business plan for its approval. In case of refusal to
business plan approval, there is no need for registration
a legal entity created by an investor or an individual
entrepreneur on the territory of the municipality, within the boundaries
which the SEZ is located. Thus, the investor does not have
unreasonable material, time costs.
b) If the business plan is approved by the SEZ governing bodies, the investor
registers the created legal entity or is carried out
registration of an individual entrepreneur with the provision of
other documents to the management bodies of the SEZ in accordance with Art.
13, 23, 31.2., 31.12 FZ on SEZ.
8. We offer next concept residents of special economic
zones: residents of special economic zones are commercial
organizations, non-profit organizations (in technical and implementation
zones), individual entrepreneurs (in industrial
industrial and port areas only commercial organizations), for
excluding unitary enterprises registered under
with the legislation of the Russian Federation on the territory
municipality, within the boundaries of which there is a special
economic zone, and concluded with the governing bodies of special
economic zones agreement on the maintenance of the relevant
the specified law of activity.
Non-profit organizations are not entitled, by virtue of the Federal Law on SEZ, to acquire the status of a resident of the SEZ. Since the implementation of investments is not a prerequisite for acquiring the status of a resident of a technology-innovative SEZ, we believe that, in the interests of developing an innovative economy, non-profit scientific and technical organizations (except state ones) should be allowed on a general basis to participate in the selection procedure for potential SEZ residents. In solving the problem of developing the country's economy, the primary role belongs to innovations that can ensure a continuous renewal of the technical and technological base of production, the release of new competitive products, and effective penetration into world markets for goods and services. Like commercial organizations, non-commercial organizations that do not have profit as the main goal of their activities are also able to act as a fairly effective tool for the development of new systems and technologies.
9. The Law on the SEZ should provide for the possibility of creating
at least a minimum number of residential places for development
favorable conditions for the implementation of the relevant activity.
In SEZs, with the exception of tourism and recreation, it is not allowed to create
housing stock. This artificially creates a barrier for doing business in the SEZ.
The housing stock can be located along the perimeter of the SEZ, and living quarters should be provided to specialists on terms similar to service housing. As soon as the specialist completes the necessary work, he must vacate the occupied space.
10. The concept of technical and innovative activities (part 2 of article 10 of the Law on
SEZ) contradicts Art. 129 of the Civil Code of the Russian Federation - the results of intellectual
activities cannot be alienated or otherwise transferred from
one person to another. However, rights to such results may
alienated or in other ways, move from one person to another in
cases and in the manner prescribed by the Civil Code of the Russian Federation.
Scientific and technical products are characterized as products manufactured and sold by a SEZ resident, that is, the result of intellectual activity is mixed in the SEZ Law with science-intensive products. We offer the following concept of technical and innovative activities: the creation and implementation of exclusive rights to the results of intellectual activity, the production and sale of high technology products, that is, produced on the basis of the use of the results of scientific and technical activities, the creation of computer programs, databases, topologies of integrated circuits, information systems and the exercise of exclusive rights to them, the production and sale of tangible media in which the corresponding results of intellectual activity, information systems are expressed, the provision of services for the implementation and maintenance of such results of scientific and technical activities, products, programs, databases, topologies and systems.
11. We propose to include in the Law on SEZ the provision on legal
the consequences of the reorganization of a legal entity - a special resident *
economic zone. The corresponding norm is provided only in the Federal Law of 10.01.2006 N 16-FZ "On the special economic zone in the Kaliningrad region and on amendments to some legislative acts of the Russian Federation" - in Art. 5, which establishes that in the event of the termination of the activity of a resident legal entity as a result of its reorganization from the day following the day of completion of the reorganization, it is excluded from the register of residents of the special economic zone.
12. We believe that it is more expedient to transfer taxation in the SEZ to a separate Chapter of the Tax Code of the Russian Federation 26.5. "The taxation system in the Special Economic Zones in the Russian Federation" in Section VIII. 1. Special tax regimes.
Along with the usual procedure for calculating and paying taxes and fees, the Tax Code of the Russian Federation provides for special tax regimes, one of which corresponds to the taxation system in the SEZ in the Russian Federation, but which is not legally classified as such.
A special tax regime is characterized by the fact that the norms-restrictions apply to some of the subjects of taxation. The establishment and implementation of special tax regimes does not imply the consolidation of new taxes and fees. Special tax regimes are applied along with the general taxation system. In the Tax Code of the Russian Federation to special regimes include: a simplified taxation system, a taxation system for the implementation of production sharing agreements and others. In the chapter on the taxation system for the implementation of production sharing agreements, several taxes are considered (VAT, mineral extraction tax, corporate income tax, and others), which does not prevent the specified system from being classified as special regimes. The consolidation of the norms related to taxation in the SEZ in a separate chapter does not violate the integrity of the Tax Code of the Russian Federation, but only creates conditions for the operational activities of SEZ residents in terms of taxation.
Theoretical and practical significance of the research.
The provisions of the works published by the author and this dissertation can be used in lawmaking and law enforcement, in the theory of entrepreneurial (economic) law, as well as in the educational process for the course "Business Law".
Approbation of research results. The dissertation was completed at the Department of Entrepreneurial (Economic) Law of the Moscow State Law Academy named after O.E. Kutafina. The main ideas, theoretical and practical provisions outlined in this work are reflected in the published works of the author.
Study structure. The dissertation research consists of an introduction, three chapters, uniting eight paragraphs, a bibliographic list of regulatory legal acts and literature.
The history of the creation of special economic zones
Special economic zones as a development tool national economy widespread in world practice. Mechanisms similar to Russian special economic zones are successfully applied in many countries from the USA and Great Britain to India and China.
There are also offshore zones that appeared in the mid-60s of the 20th century. Initially, they focused on the development of tourism. Today, the concept of an offshore zone has expanded and is often used as a synonym for a special economic zone (in foreign countries and earlier in the Russian Federation - a free economic zone), in connection with which terminological problems arise. “Offshore zones should be understood by us as specific: they are referred to as existing along with“ free ”(“ special ”).
Their appearance was predetermined by the objective process of expanding the boundaries of integration of the world economy, increasing the degree of openness of the economies of a number of countries. This was inevitably accompanied by the corresponding development of commodity-money relations, the growing interconnectedness of the economies of all states, their financial markets. For the first time the term "off shore" was used in the UK, which literally means "away from the shore". In the field of financial and credit relations, this term should be interpreted as “not subject to national regulation” 1.
In world practice, an offshore zone is understood as a certain territory of a state that provides for the activities of its subjects of economic relations associated with attracting foreign capital by providing tax and other benefits when conducting financial and credit transactions with foreign residents and in foreign currency.
Offshore companies are organizations registered in an offshore zone and having the right to work only abroad.
Thus, a fundamental and special feature of an offshore jurisdiction is the prohibition of entrepreneurial activity in this offshore zone of organizations registered in it. From. it follows that offshore business is the activity of companies outside the jurisdiction of any state of its ownership.
Offshore centers are: Antilles, Bahamas, Bermuda, Virgin Islands, Cayman Islands, Barbados, Panama, Singapore, and others.
Russian law of the concept " offshore company"Does not know, in the legislation of the Russian Federation there is another term - residents of offshore zones (Direction of the Central Bank of the Russian Federation" On the formation and size of the reserve for possible losses for operations of credit institutions with residents of offshore zones "dated June 22, 2005 No. 1584-U) 2, under which in our country means the separate jurisdictions listed in this Directive. In accordance with the Directive of the Central Bank of the Russian Federation "On the procedure for establishing correspondent relations by authorized banks with non-resident banks registered in states and territories that provide a preferential tax regime and (or) do not provide for the disclosure and provision of information during financial transactions(offshore zones) "1 dated August 7, 2003 No. 1317-U offshore zones are foreign states or their territories that provide a preferential tax regime and (or) do not provide for disclosure and provision of information when conducting financial transactions. However, the Bank of Russia does not classify all territories as offshore, but only those that it itself lists in this Directive.
Thus, based on the position Of the Central Bank Russia, the following characteristics of offshore zones can be distinguished:
Tax incentives established with the aim of attracting entrepreneurs from foreign countries under their tax jurisdiction;
Financial, including banking activity in the country, a developed system of communications and communications, ensuring the functioning of offshore companies registered on their territory;
The complete absence or significant mitigation of the state currency control.
Offshore zones provide business agents using them the following advantages: a) tax incentives; b) significant freedom, the practical absence of foreign exchange controls; c) the ability to conduct transactions with residents in any foreign currency; d) anonymity, secrecy of financial transactions (mainly there is only a requirement to inform the authorities about dubious transactions related to the drug business).
Residents of the Special Economic Zone in the Russian Federation
In accordance with Art. 9 of the Federal Law "On special economic zones in the Russian Federation", residents of special economic zones are commercial organizations, individual entrepreneurs (in industrial and industrial and port zones, only commercial organizations), with the exception of unitary enterprises registered in accordance with the legislation of the Russian Federation on the territory of the municipality, within the boundaries of which the special economic zone is located, and concluded an agreement with the authorities of the special economic zones on the conduct of activities in accordance with the specified law.
An individual entrepreneur or a commercial organization are recognized as residents of a special economic zone from the date of making a corresponding entry in the register of residents of a special economic zone.
The governing bodies of special economic zones enter into the register of residents of a special economic zone an entry on the registration of the specified person within three days from the date of signing an agreement with him on the implementation (maintenance) of industrial production, technology innovation, tourism and recreation activities or activities in the port special economic zone.
In this case, we are not talking about registration as a legal entity or an individual entrepreneur in the manner prescribed by the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs" 1, but is a procedure for obtaining an already existing legal entity or individual entrepreneur resident status in the territory of the SEZ.
A person intending to obtain the status of a resident of a special economic zone submits an application for concluding an agreement to the authorities of special economic zones, to which he attaches:
1) a copy of the certificate of state registration;
2) a copy of the certificate of registration with the tax authority;
3) a copy of the constituent documents (for legal entities);
4) a business plan, the form of which is established by the federal executive body authorized by the Government of the Russian Federation;
5) a positive opinion on the business plan submitted by the applicant, prepared by the bank or other credit institution that meet the criteria established by the federal executive body authorized by the Government of the Russian Federation (for industrial and production, tourist and recreational, port SEZs);
6) copies of licenses for carrying out activities subject to licensing in accordance with the legislation of the Russian Federation (for port SEZs);
7) documents confirming information on the acceptance by the customs authority of the security for the payment of customs duties and taxes (for port SEZs);
8) other documents (for tourist and recreational SEZs).
"On State Registration of Legal Entities and Individual Entrepreneurs" // Collected Legislation of the Russian Federation, 13.08.2001, No. 33 (Part I), Art. 3431. In accordance with the Orders of the Ministry of Economic Development and Trade of the Russian Federation1 (currently the Ministry of Economic Development of the Russian Federation) of October 30, 2007 N 368, of November 16, 2007 N 3963, of December 20, 2007 N 4494 for obtaining a certificate , certifying the registration of a person as a resident of a special economic zone, an agreement on the conduct of the relevant activities concluded by the management bodies of the SEZ with the resident of the SEZ is required. The state service is provided by the SEZ governing bodies.
Features of taxation in special economic zones
Along with the usual procedure for calculating and paying taxes and fees, the Tax Code of the Russian Federation provides for special tax regimes, one of which corresponds to the taxation system in the SEZ in the Russian Federation, but which is not legally classified as such.
The legal regime in the theory of law is understood as "the specificity of legal regulation of a certain sphere of social relations using various legal means and methods" 1. "The legal regime of entrepreneurial activity can be defined as a set of rights and obligations of an entrepreneur provided for by law and constituent documents, the implementation of which contributes to the achievement of a specific, specific goal of legal regulation."
There are general and special (special) tax regimes. In the case when the norms-restrictions apply to all or most of the subjects, a general regime applies, when a special (special) regime applies to a part. In the Tax Code of the Russian Federation, the norms related to the taxation of special economic zones are enshrined in different chapters (in Articles 89, 149, 160, 165, 167, 183, 184, 185, 191, 198, 259.3., 262, 283, 284 , 288.1., 381, 385.1., 395.). We believe that it is more expedient to transfer taxation in the SEZ to a separate Chapter of the Tax Code of the Russian Federation 26.5. "The taxation system in the Special Economic Zones in the Russian Federation" in Section VIII. 1. Special tax regimes.
The establishment and implementation of special tax regimes does not imply the consolidation of new taxes and fees. Special tax regimes are applied along with the general taxation system. In the Tax Code of the Russian Federation, special regimes include: a simplified taxation system, a taxation system for the implementation of production sharing agreements, and others. In the chapter on the taxation system for the implementation of production sharing agreements; several taxes (VAT, mineral extraction tax, corporate income tax and others) have been considered, which does not prevent the specified system from being classified as a special regime. The consolidation of the rules related to taxation in the SEZ, in a separate chapter, does not violate the integrity of the Tax Code of the Russian Federation, but only creates conditions for the operational activities of SEZ residents in terms of taxation.
In accordance with Art. 151 of the Tax Code of the Russian Federation when importing goods into the customs territory of the Russian Federation and placing them under the free customs zone regime, value added tax (VAT) is not paid. When exporting goods from the customs territory of the Russian Federation - in the customs regime of export, VAT is also not paid.
In connection with the exemption of SEZ residents from paying value added tax, in practice, problematic situations have arisen associated with the preparation of invoices by entrepreneurs with allocated VAT, payment of the corresponding tax to the budget and, as a result, resolved in court. Determinations of the Supreme Arbitration Court of the Russian Federation of March 14, 2008 N 56/08 in case No. A37-803 / 2007-15, of November 22, 2007 No. 12360/07 in case No. A37-143 / 2007-3 / 4 "On refusal to transfer the case to the Presidium Of the Supreme Arbitration Court of the Russian Federation "in the transfer to the Presidium of the Supreme Of the Arbitration Court Russian Federation cases N A3 7 125
The Arbitration Court of the Magadan Region refused to review the judicial acts for supervision. In the applications received by the Supreme Arbitration Court of the Russian Federation, tax office asks to annul judicial acts by way of supervision, referring to the incorrect application of substantive law by the courts. In the opinion of the tax authority, entrepreneurs are not value added tax payers, because the operations carried out by them to sell goods (works, services) are not subject to this tax, in connection with which the amounts of value added tax received from buyers are subject to payment to the budget in accordance with the requirements of paragraph 5 of Article 173 Tax Code Russian Federation.
The courts of first, appeal, cassation instances adopted court decisions taking into account the circumstances established by the results of the study of evidence confirming the arguments of taxpayers about their fulfillment of tax obligations in accordance with the features that were determined in the legislation in force on the territory of the Magadan Region.
Courts, based on the analysis of the provisions of Articles 56, 143, 145, 146, 168, 169, 173, other norms of Chapter 21 of the Tax Code of the Russian Federation, Article 5 Federal law dated 31.05.1999 N 104-FZ "On the Special Economic Zone in the Magadan Region", it was established that the actions of entrepreneurs do not contradict the norms of tax legislation, the contested decisions of the inspectorate impose an additional tax burden on the taxpayer that does not comply with the norms of the legislation. Thus, the grounds for transferring cases to the Presidium of the Supreme Arbitration Court of the Russian Federation have not been established.
Taxation when selling goods placed under the customs regime of a free customs zone is carried out at a tax rate of 0% (with the obligatory provision of a contract (copy of a contract) with a resident of a special economic zone, a copy of the certificate of registration of a person as a resident of the SEZ, a customs declaration with marks of the customs authority on the release of goods in accordance with the customs regime of the free customs zone, a bank statement (copy of the statement) confirming the actual receipt of proceeds from the sale of goods from a resident of the special economic zone to the taxpayer's account with a Russian bank, or a bank statement (copy of the statement) confirming the taxpayer's payment of the received amounts to your account in a Russian bank, and copies of credit cash orders confirming the actual receipt from a resident of a special economic zone of proceeds (when calculating in cash), or when importing goods into a port special economic zone, other documents confirming the transfer of goods to a resident of a port special economic zone (clause 5, clause 1 of article 165 of the Tax Code of the Russian Federation) ...
Investment activities in the form of a production sharing agreement
Production Sharing Agreement (PSA) is a form of investment activity carried out in the process of prospecting, exploration and production of mineral raw materials on the territory of the Russian Federation, as well as on the continental shelf and (or) within the exclusive economic zone of the Russian Federation. The PSA concerns large investments made by both Russian and foreign investors.
Production sharing agreement is an agreement in accordance with which the Russian Federation grants to a business entity, on a reimbursable basis and for a specified period, exclusive rights to prospect, prospect, and extract mineral raw materials in the subsoil plot specified in the agreement, and to conduct related work, and the investor undertakes to carry out carrying out these works at their own expense and at their own risk. The agreement defines all the necessary conditions related to the use of subsoil, including the conditions and procedure for the division of manufactured products between the parties to the agreement in accordance with the provisions established by law.
The lists of subsoil plots, the right to use which is granted under the PSA, are established by federal laws, and in some cases provided for by legislation (deposits insignificant in terms of the volume of extracted raw materials or containing mineral raw materials that are not classified as strategic types), by decisions of the Government of the Russian Federation and the government the corresponding constituent entity of the Russian Federation. Under the terms of production sharing, it is allowed to provide no more than 30% of the explored and recorded in the state balance of mineral reserves.
Production sharing agreements are an attractive form of organizing investment activities, both for the investor and for the state. For investors, PSA is attractive in that it provides stability and predictability, which are extremely important for any large investment, although it does not guarantee against commercial risk... For the state, the advantages of PSA are that agreements provide an influx of large investment investments and, unlike forms of borrowing, production sharing does not threaten to increase the debt burden or loss of control over subsoil and raw materials, since this is not about selling subsoil, but about leasing them for a certain period.
Subjects of investment activities carried out in the form of a production sharing agreement are the Russian Federation (state), on behalf of which the Government of the Russian Federation and the executive body of the constituent entity of the Russian Federation, on whose territory the provided subsoil plot is located, or bodies authorized by them, and investors - citizens of the Russian Federation, foreign citizens, legal entities and created on on the basis of a joint venture agreement and associations of legal entities that do not have the status of a legal entity that invest their own, borrowed or borrowed funds in the search, exploration and production of mineral raw materials and are users of subsoil on the basis of a PSA.
To ensure the efficiency of investment, PSA are concluded, as a rule, based on the results of a tender or auction held in accordance with the procedure established by the current legislation. The development of conditions for the use of subsoil and the preparation of a draft agreement for each object of subsoil use is carried out by a commission created by the Government of the Russian Federation in agreement with the executive authority of the corresponding constituent entity of the Russian Federation.
Manufactured (received) products are subject to division between the state and the investor in accordance with the agreement, which should have contained the following points:
1. The procedure for determining the total volume of products and their cost.
2. The procedure for determining the part of the product that is transferred to the ownership of the investor to reimburse his costs for the performance of work (compensation products). Compensation products should not exceed 75%, and for the extraction of mineral raw materials on the continental shelf - 90% of the total production.
3. The procedure for the division of profitable products between the state and the investor.
4. The procedure for the transfer by the investor to the state of a part of the product or its value.
In world practice, there are 2 models of production section:
1. Regular section - assumes that compensatory production is initially deducted from the total volume of production, then profitable production is subject to division, which is established after deducting payments for the use of subsoil. The investor pays income tax from profitable products.
2. Direct section - compensation products are not allocated, the investor does not pay income tax, the proportions of the section are determined by the agreement. In the case of a direct division, the investor's share must not exceed 68%.
In the literature devoted to the analysis of the effectiveness of investment activities in the form of PSA, various points of view are given regarding the assessment of production sharing mechanisms. The overwhelming majority of experts believe that the "direct" section is the most attractive for Russian investors, since it ensures the independence of the invested funds from changes in tax legislation. The investor receives guarantees for the long term on the amount of products remaining at his disposal. Under these conditions, the investor's creditors will also be confident in the repayment of their funds - on time and in full, which will have a positive effect on the general investment climate. The implementation of the agreement itself is simplified, since the state does not need to constantly monitor the correctness of the determination of compensation products, the calculation and payment of taxes by the investor.
For foreign investors, “direct” production sharing schemes may turn out to be unattractive, as they give rise to problems associated with the possibility of actually double taxation of the investor's income. Once the investor's income is indirectly reduced in the host country due to a decrease in his share of production under the "direct" sharing scheme, and the second time these incomes can be taxed in the country where the investor is registered as a taxpayer. With a "direct" production sharing, such a taxpayer will not be able to show his national tax authorities for offset purposes, the amount of income tax paid in the country where he carried out commercial activities for the implementation of the PSA.
It should be noted that in any case, the legislative consolidation of two production sharing mechanisms, and in fact two options for approaching the conclusion of a PSA, creates great economic freedom for the investor, which determines the possibility of choosing the PSA regime that best reflects his interests.
Special economic zone- this is a part of the territory of the Russian Federation determined by the Government of the Russian Federation, on which a special regime for carrying out entrepreneurial activities operates.
Types of special economic zones:
1. Industrial production zones.
2. Tourist and recreational areas.
3. Technical and innovation zones.
4. Port areas.
A commercial organization, with the exception of unitary enterprises, has the opportunity to register within a special economic zone and receive its resident status.
To do this, you need to submit application which should contain:
1. Information about the proposed activity, corresponding to the type of special economic zone.
2. Information about the area of the required land plot.
3. Information about the expected capital investments.
4. A copy of the certificate of state registration and registration with the tax authority.
5. Copies of constituent documents.
6. Business plan.
7. A positive opinion on a business plan prepared by a credit institution.
Residents of a special economic zone are not entitled to create branches and representative offices outside its territory.
A feature of entrepreneurial activity in a special economic zone is a special customs regime. On the territory of the special economic zone, a free customs zone is introduced - a customs regime in which foreign goods are placed and used within the territory of the special economic zone without paying customs duties and value added tax, and Russian goods are placed and used on the conditions applicable to export in accordance with with the customs regime of export with payment of excise tax and without payment of export customs duties.
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- Content
- Introduction
- 3.1 Customs preferences
- 3.2 Tax incentives
- 3.3 Legal benefits
- Conclusion
- Introduction
- The existence and activity of any state cannot be imagined without material production, which will develop successfully only in market conditions. Present production in modern conditions without foreign investment It is also very difficult, since it is impossible to create modern production by organizing investment only from internal sources, which has been proven by the practice of many states.
- The reference to this topic is not accidental. Its scientific development has not yet received sufficient development in Russian science international law. At the same time, there is a close relationship between the problems of international legal and national legal regulation of the investment process. Considering the issues of foreign investment, it is impossible to ignore the legal regulation of foreign investment in the Russian Federation, especially since this process in relation to our state is of sufficient interest, and its legal support leaves much to be desired.
- Over the past few years, investment projects in Russia have been carried out with great difficulties. Among the factors restraining the inflow of foreign capital are the lack of financial and political stability, high inflation, poorly developed infrastructure, and, of course, imperfect investment legislation.
- The political climate and poorly developed infrastructure are secondary reasons for the current situation, serve as a background that prevents the inflow of foreign capital into Russia, and the lack of a legislatively enshrined institution of foreign investment guarantees should be considered the root cause of a weak investment flow.
- Private foreign investment, of course, is only an impulse for the economic growth of the state, and not a determining factor in its economic development.
- This work is relevant because it is now more important than ever to stabilize and strengthen the Russian economy by increasing competitiveness. domestic enterprises in particular by encouraging cooperation between Russian and foreign companies... Right now when economic crisis threatens the investment of capital in many developed countries, when seemingly reliable investments are under threat, there is a chance to attract investors to their own economy.
- The purpose of the work is to consider the state regulation of investment activities.
1. Forms and methods of state regulation of investment activities
State regulation of investment activities is defined by legislation forms and methods of economic and administrative nature, which are used by the governing bodies for the implementation of investment policy, which ensures the state tasks of the socio-economic development of the country and its individual regions, as well as increases the efficiency of investments, provides safe conditions for investments. in various investment projects.
Investment activity in Russia is regulated by a system of special regulations, as well as by general state legislation. Of great importance are laws such as the Constitution of the Russian Federation, the civil and tax codes, the law on joint stock companies, on privatization, on property, on externally. economic activity, about currency regulation, about tariff control and others.
In our country, other resolutions have been adopted, regulations that regulate investment activities.
State regulation of investment activities is carried out:
- fully complying with state investment programs;
- direct management of public investments;
- by introducing a tax system with differentiation of tax benefits and rates;
- providing financial assistance in the form of subsidies, grants, subventions, budget loans for the development of certain industries, territories;
- pursuing financial and credit policy, depreciation policy, pricing policy (including the issue of securities into circulation);
- control over compliance with state standards and norms;
- antimonopoly measures, privatization of state property objects, including construction in progress;
- examination of investment projects.
The state, influencing the investment activity in the country, uses both administrative and economic methods of influence. Administrative or direct methods of regulation directly affect the subjects of investment activity, while the state has the right and the ability to exercise coercion in relation to other economic entities, using prohibitions, restrictions, regulations or permits.
Legislative and normative acts in this case act as instruments of such influence. For example, the law stipulates that all investment projects are subject to environmental expertise.
The economic methods of influence of the state include the methods by which the state can influence by stimulating the adoption investment decisions in the interests of the subjects themselves and society as a whole. In practice, the state uses a combination of these two methods of influence to achieve investment goals.
Investment activity depends on the implementation of financial, pricing, credit, depreciation, currency, tax and investment policies.
Economic methods can also include:
- setting refinancing rates
- differentiation of tax rates
- tax breaks and discounts
- tariffs and rates of payments for land and natural resources.
The main instrument of state regulation of foreign investment is currently the RF Law "On Foreign Investments" dated July 9, 1999, the purpose of which is to provide guarantees to foreign investors. But in practice, the role of this act is not so great. The reason for this is the shortcomings of the very concept of regulation laid down in the Law.
The Law on Investment Activity, which is carried out in the form of investment investments, provides for several forms of state regulation:
1. Investment activity is improved by:
- favorable taxation system and accrual mechanisms
- depreciation and use of depreciation deductions
- creation of special tax regimes that are not individual in nature
- protecting the interests of the investor
- granting to subjects of investment activity benefits for the use of land and other natural resources that do not contradict the legislation of the Russian Federation
- expanding the use of funds of the population and other non-budgetary sources of financing for housing construction, as well as the construction of social and cultural facilities
- taking measures for antimonopoly policy
- creation and development of a network of information and analytical centers that carry out rating assessments of investment entities
- development of financial leasing
- expanding the possibility of using pledges in the implementation of the lending system
- creation of opportunities for the formation of their own investment funds by subjects of investment activities
- revaluation of fixed assets depending on the rate of inflation.
2. Direct participation of the state in the formation of investment activities through:
- formation of a list of construction projects and objects of technical re-equipment for federal state needs and their financing at the expense of funds allocated from the federal budget
- development, approval and financing of investment projects that are carried out in the Russian Federation together with foreign states, as well as investment projects that are financed from budget funds of all levels
- Provision, on a competitive basis, of state guarantees for investment projects at the expense of the federal budget and funds of the budget of the constituent entities of the Russian Federation
- examination of investment projects
Placement on a competitive basis of funds from the federal and regional budgets to finance investment projects. These funds are placed on a returnable and urgent basis with payment of interest, which are determined by the law on the budget, or on the condition of securing in the state part of the corresponding shares of the created joint-stock company, the funds from the sale of which go to the corresponding budget
- development and approval of standards, rules and regulations and control over their observance
- protection of Russian companies from the supply of obsolete, energy-intensive, material-intensive technologies, equipment, structures and materials
- issue of bonded loans, guaranteed target loans
- granting concessions to Russian and foreign investors based on the trading results
- involvement in the investment process of temporarily suspended construction projects and objects that are in state ownership.
Regardless of the form of ownership, the state guarantees to all subjects of investment activity:
- publicity when discussing investment projects
- ensuring equal rights in the implementation of investment activities
- protection of capital investments
- the right to appeal in court any decisions, actions or omissions of public authorities, local authorities and their officials
- stability of the rights of the subject of investment activity.
If the state adopts laws that establish other rules for subjects of investment activity than those that were in force when concluding agreements between them, the terms of these agreements remain in force.
The exception is those cases when the law establishes that its effect applies to relations that arose from previously concluded contracts.
The law also provides that capital investments can be nationalized only on condition of preliminary and equivalent compensation by the state for losses caused to the subjects of investment activity.
One of the forms of investment protection is their insurance, which is carried out in accordance with the legislation of the Russian Federation. State regulation of investment activity is a set of state approaches and decisions that are enshrined in legislation, organizational and legal forms within which the investor operates.
State regulation is expressed in the management of public investments:
- tax system with differentiation of tax rates and benefits
- financial assistance in the form of grants, subsidies, soft loans and budget loans
- financial and credit policy
- pricing
- issue of securities into circulation
- depreciation policy.
That is, the main forms of state regulation of investment activities include:
- regulation of financial investments
- regulation of areas and objects of investment
- examination of investment projects
- regulation of the conditions for investing funds outside the state
- pursuing an effective depreciation policy
- tax regulation of investment activities
- regulation of investor participation in privatization
- concessional lending
- providing financial assistance
To regulate investors on the territory of the Russian Federation, the state uses the following methods Farkhutdinov I.Z. Stabilization clause is an important guarantee of foreign investment // Legislation and Economics. - 2011. - No. 5. - S. 5:
- examination of investment projects, that is, an assessment of the economic feasibility of investing in a given project, industry or investment program;
- control of compliance with state standards and norms, as well as the rules of mandatory certification.
The forms and methods of regulation of investment activities include:
- protecting the interests of investors
- the establishment of tax benefits for subjects of investment activities
- expanding the use of funds of the population and other non-budgetary sources of financing for housing construction
- providing subjects of investment activity with preferential conditions for the use of land and other resources
- development, approval and financing of investment projects carried out by municipalities
- issue of municipal loans in accordance with existing legislation
- placement of funds on a competitive basis local budgets to finance investment projects
- Carrying out financial and credit policy, pricing policy.
That is, the mechanism of state regulation of investment activities is a set of methods and instruments of state influence on the investment policy of business entities.
2. Guarantees and benefits for foreign investors
First, let's separate the guarantee regime and the privilege regime. It is advisable to understand the provision of a privilege as the establishment by the authorities of the Russian Federation of a more favorable condition (regime) for the implementation of an action (or type of activity) for a subject (category of subjects) against the usual conditions for the implementation of actions for other similar entities. The declaration of a guarantee is a form of taking over by the state through the relevant authority of the obligation to the subject (in our case, the subject of investment activity).
However, if a guarantee is proclaimed for a foreign investor, which domestic investors do not have, then such a guarantee, according to the candidate, should be considered as a privilege. It is on providing foreign investors with a tax stability regime for the payback period of the investment project and guaranteeing the right to unhindered export of previously imported property and information outside the Russian Federation.
The regime of privileges for foreign investors is considered in the dissertation on the example of customs legislation. At the moment, there is a procedure according to which goods imported into the customs territory of the Russian Federation as a contribution of a foreign founder to the authorized (pooled) capital are exempted from customs duties, provided that the following conditions are met:
1) the goods are not excisable;
2) goods are classified as fixed assets;
3) goods are imported within the timeframes established by the constituent documents for the formation of the authorized (share) capital.
If the “excisability” of a product (property) can be easily determined by the application of the relevant norms of the Tax Code of the Russian Federation, and the terms are determined by the constituent documents, then the legislation does not give a clear and intelligible answer on the classification of goods as fixed assets at the moment. The Ministry of Taxes and Duties expresses contradictory opinions on this issue. In recent years, it has been fashionable to talk about the transition to world standards. accounting, however, contrary to the emerging trend, in this case, it is still necessary to apply the double criterion (cost and service life) established by the Regulation on accounting and accounting statements in the RF. Thus, until recently, the existing value threshold for property contributed by founders, including foreign ones, to the authorized capitals of the organizations being created is quite useful and appropriate.
The customs authorities are not authorized by law to detain the invested property at the border until the completion of the state registration procedure and registration with the relevant authorities of commercial organizations with foreign investments. However, it is not clear from the analysis of customs legislation which customs regime should be applied for the import of such property. There is no special customs regime for the import of property as an investment in Russia. The existing in practice application of the temporary import regime to the invested property is contrary to the very essence of the investment. Most of all, this contradicts the interests of the recipient and the Russian state itself. The latter are interested in the fundamentality and, at least, the long-term nature of investment investments, but not in their urgency and immediacy. Obviously, a completely reasonable solution would be to reflect in the customs legislation a special customs regime for the import of foreign property as a contribution to the authorized (joint-stock) capital of Russian commercial organizations.
The preferential customs regime for the import of foreign property into the authorized capital of Russian commercial organizations should apply to all investment projects, not just priority ones. In this case, more equal and fair economic conditions will be provided for various types of enterprises (large and small).
One of the most important issues for foreign investors is taxation.
The issue of the availability of tax incentives for foreign investment in the work is divided into two independent topics: taxation of foreigners investing in the Russian economy, and taxation of commercial organizations with foreign investment.
Commercial organizations with foreign investments, according to general rule do not have tax benefits in Russia.
The taxation regime for foreign investors in the Russian Federation depends on whether this investor comes from a country that has entered into a special interstate agreement on taxation with Russia or not.
The general regime provides, for example, the following privilege: "not subject to taxation (exempt from taxation) import into the customs territory of the Russian Federation of technological equipment, components and spare parts for it, imported as a contribution to the authorized (pooled) capital of organizations."
According to paragraph 1 of Art. 149 of the Tax Code of the Russian Federation is not subject to taxation (exempt from taxation) the sale in the territory of the Russian Federation of services for the lease of office and (or) residential premises to foreign citizens or organizations accredited in the Russian Federation. Considering that value added tax is an indirect tax, i.e. its payer is the final consumer of the product (or service), the price of which includes this tax, then in this case, the privilege is provided to the foreign person, and not to the lessor, who reduces the rental price by the amount tax rate.
Attention is also paid to the procedure for tax registration of foreign organizations in the Russian Federation. The problem of different understanding of representations and branches in civil and tax legislation is touched upon.
Special taxation regimes are established in special interstate agreements on the avoidance of double taxation. Analyzing the reasons for the emergence of such a mechanism for regulating taxation as interstate agreements, one should emphasize the priority of their use in practice.
There is a conflict between the norms of the Tax Code of the Russian Federation, establishing that regional regulations and acts of local self-government bodies cannot change or supplement legislation on taxes and fees (Article 1 of the Tax Code of the Russian Federation), and the Constitution of the Russian Federation, which relates the establishment of general principles taxation and fees in Russia to the joint competence of the Federation and its constituent entities (clause “i” of article 72 of the Constitution of the Russian Federation).
3. Special economic zones: preferences and benefits for foreign investors
3.1 Customs preferences
One of the significant factors in increasing the investment attractiveness of projects implemented by SEZ residents will be the use of a special customs regime in effect on the territory of the SEZ - the free customs zone regime.
In accordance with Article 37 of the Federal Law of July 22, 2005 No. 116 "On Special Economic Zones in the Russian Federation" (Law 116-FZ), when using the free customs zone regime, foreign goods are placed and used within the territory of the SEZ:
- without paying customs duties and value added tax;
- without the application of prohibitions and restrictions of an economic nature to the specified goods.
Russian goods are placed and used on the terms applicable:
- for export in accordance with the export customs regime;
- with payment of excise tax;
- without paying export customs duties.
A SEZ resident has the right to use any customs regime in relation to goods being transported in accordance with the legislation of the Russian Federation. The customs regime of the free customs zone in relation to the purchased goods is applied by the SEZ resident as necessary.
The customs regime of the free customs zone is permissive in nature. The following can be placed under the customs regime of the free customs zone:
- foreign goods imported into the customs territory of the Russian Federation from the territories of foreign states;
- Russian and foreign goods imported into the territory of the special economic zone from the rest of the customs territory of the Russian Federation;
- Russian and foreign goods located on the territory of the special economic zone and purchased from persons who are not residents of the special economic zone.
Foreign goods imported into the territory of the SEZ, which cannot be placed under the customs regime of the free customs zone, are subject to placement under other customs regimes in accordance with the requirements of customs legislation. Customs clearance of such goods is carried out outside the territory of the SEZ prior to their import into the territory of the SEZ.
3.2 Tax incentives
SEZ residents are provided with tax incentives. To this end, steps are being taken both at the federal level - amendments have been made to the Tax Code, and at the regional level. For example, on the territory of the SEZ created in St. Petersburg, the following tax preferences are provided for residents:
- for organizations - residents of the SEZ for the entire period of its existence, a reduced tax rate on profits from activities carried out in the territory of the SEZ in the amount of 13.5% (the aggregate income tax rate for resident organizations is 20%);
- resident organizations are exempt from paying corporate property tax in relation to property recorded on the balance sheet of the organization within 5 years from the date of registration of the property;
- resident organizations are exempt from payment of land tax for a period of 5 years from the moment the ownership of the land plot provided to the SEZ resident arises;
- resident organizations are exempt from paying transport tax for a period of 5 years from the date of registration of the vehicle in accordance with the procedure established by the legislation of the Russian Federation.
3.3 Legal benefits
The peculiarity of the legal regime of entrepreneurial activity is manifested in special guarantees that are provided to a SEZ resident. For example, a guarantee against unfavorable changes in the legislation of the Russian Federation on taxes and fees, meaning that the legislative acts of the Russian Federation on taxes and fees, laws of the constituent entities of the Federation on taxes and fees that worsen the position of taxpayers who are SEZ residents (with the exception of the legislation of the Russian Federation on taxes and fees related to taxation) excisable goods), do not apply to SEZ residents during the validity period. This norm contributes to the creation of an optimal investment climate in the territory of the special economic zone.
Reducing the costs of enterprises - residents of the SEZ for the lease of land plots, office and technological premises due to the established preferential rates lease payments will help increase the economic efficiency of projects implemented in the SEZ. The methodology for calculating rent under lease agreements for land plots on the territory of the SEZ involves the establishment of a coefficient that affects the amount of rent for a resident operating within the SEZ.
In addition, in order to attract additional financial resources to the projects of SEZ residents, a mechanism is being developed for interaction with various financial structures: funds, banks, venture companies.
3.4 Administrative preferences
The elements of the administrative regime for managing the SEZ will be:
- the system of providing public services on the principle of "one window", which includes all spheres of activity of residents;
- an electronic document management system that will allow the SEZ governing bodies, other state executive bodies, SEZ residents, financial, service, consulting and other companies operating in the SEZ to ensure effective interaction in the optimal time frame.
Conclusion
The strategic goal of the investment policy of our country is to attract investments and direct them towards solving economic problems in the country. In accordance with the main goals of the national strategy of economic development of Russia, which have been determined recently, government bodies at various levels are developing a comprehensive program for attracting foreign investment. The improvement of the economy of our country, first of all, is associated with significant injections of material and financial resources from abroad. Therefore, a competent approach to regulation, legal regulation of the process of attracting foreign investment is so urgent and necessary.
The main objectives of state regulation of investment activities should be:
Protection of the rights and legitimate interests of investors;
Creation of guarantees for investment activities;
Ensuring investment security.
The model for the development of investment legislation should be adapted to the changed system of economic management, to economic activity in new conditions, as well as to respond modern conditions development of a market economy.
Based on the fact that foreign investment does not go to those industries that need them the most, it is necessary to provide various benefits to investors if they invest in priority sectors for the development of the Russian economy.
Thus, in order for the investment policy to become more effective, it is necessary to stabilize the economic and political situation, adjust tax and customs policies, improve the management of investment processes, and radically improve the economic and legal conditions for investors.
preference foreign investment financial
List of used literature
1. Federal Law of February 25, 1999 No. 39-FZ "On investment activities in the Russian Federation carried out in the form of capital investments" (as amended on December 28, 2013) // Collected Legislation of the Russian Federation. - March 1, 1999 - No. 9. - Article 1096.
2. Federal Law of November 29, 2001 No. 156-FZ "On investment funds"(As revised on 23.07.2013) // Collected Legislation of the Russian Federation. - December 3, 2001 - No. 49. - Article 4562.
3. Federal Law of 09.07.1999 N 160-FZ (as amended on 06.12.2011) "On Foreign Investments in the Russian Federation" // Rossiyskaya Gazeta. - No. 134.-14.07.1999.
4. Behrens V. Havranek P.M. Guidelines for assessing the effectiveness of investments, translated from English "Manual for the Preparation of Industrial Feasibilty Studies" - UNIDO, M .: "Interexpert", 2010. -475p.
5. Lipsits I.V. V.V. Kossov Investment project. - M .: publishing house "Bek", 2011.-315s.
6. Farkhutdinov I.Z. Stabilization clause is an important guarantee of foreign investment // Legislation and Economics. - 2011. - No. 5.-С. 3-7.
7. Chekunova S.A. Legal status of foreign investment in Russia // Legislation and Economics. - 2012. - No. 5. - S.12-14.
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FZ of July 22, 2005 No. 116-FZ "On special economic zones" (last amendment of December 25, 2009)
Special economic zone (SEZ)- the territory of the Russian Federation determined by the Government of the Russian Federation, on which a special regime of entrepreneurial activity operates.
4 types of SEZ:
1. Industrial production;
2. Technical and innovative;
3. Tourist and recreational;
4. Port
There are about 3,000 SEZs in the world.
An industrial-production zone is created only for an area of 20 km 2, and for a technical-innovation zone - 4 km 2.
The decision to create a SEZ is made by the Government of the Russian Federation and is formalized by the Decree of the Government of the Russian Federation.
The supreme authority of a constituent entity of the Russian Federation submits an application to the government of the Russian Federation for the creation of a SEZ with a justification of the feasibility and effectiveness.
The rules for filing and filing an application are determined by the Government Decree of September 13, 2005 No. 564.
The selection of applications is carried out on a competitive basis.
The regulation on holding a tender for the selection of applications was approved by the Decree of the Government of the Russian Federation of September 13, 2005 No. 563.
The government of the Russian Federation, the supreme executive body of state power of the constituent entity of the Russian Federation, the executive and administrative body of the municipality, on the territory of which the SEZ is created, conclude an agreement that establishes a list of measures, finances, volumes, terms, etc.
The SEZ is created for 20 years (total term), and the port - for 49 years.
The law stipulates that the term of existence of the SEZ cannot be extended. Early termination of the SEZ is allowed (for example, if no resident has been conducting the specified activity for more than 3 years in a row)
SEZ Management
The development of a unified state policy in the field of the creation and functioning of the SEZ and the management of the SEZ is entrusted to the Ministry of Economic Development. Before the amendments, the management was carried out by the Federal Agency for the Management of the SEZ (currently being liquidated).
Separate powers for the management of the SEZ can be transferred to the executive authority of the constituent entity of the Russian Federation; or transferred to a management company; or a joint-stock company, 100% of which belongs to the Russian Federation (OJSC “Special Economic Zones” was created).
The Ministry of Economic Development, the executive body of the constituent entity of the Russian Federation, the management company and OJSC "Special Economic Zones" constitute a single centralized system for managing the SEZ.
Art. 8 "On SEZ" lists the powers of the governing bodies that can be transferred and which cannot be transferred.
To coordinate the activities of the SEZ governing bodies and economic entities, as well as to control the implementation of the agreement, control the spending of funds, the Supervisory Council of the SEZ is created (it includes representatives of various interests).
The Regulation on the Supervisory Board of the SEZ was approved by the Decree of the Government of the Russian Federation on December 13, 2005 No. 758.
Residents
The law does not give a general concept, but gives a concept to each species.
A commercial organization (with the exception of a unitary enterprise) registered in the territory of the municipality within which the SEZ is located and having entered into an agreement with the SEZ governing bodies on the conduct of industrial and production activities is recognized as a resident of an industrial and production SEZ.
Industrial production is understood as the production or processing of goods and products and their sale.
An individual entrepreneur and a commercial organization are recognized as residents of the SEZ from the date the corresponding entry is made in the register of SEZ residents. The SEZ governing bodies issue the resident on entry into the register (resident certificate). The form of the certificate was approved by the Ministry of Economic Development of March 31, 2006 No. 84. The management bodies of the SEZ report information on the registration of the resident to the tax and customs authorities during the day following the day of registration.
Business entities that intend to obtain resident status apply for an agreement to conduct a particular activity. The application form and requirements were approved by Order of the Ministry of Economic Development dated April 22, 2006 No. 105.
The form of the business plan provided by the future resident was approved by the Order of the Ministry of Economic Development of March 23, 2006 No. 75.
An agreement is concluded with a SEZ resident to conduct a certain type of activity.
There is a standard form of an agreement on the conduct of industrial and production activities (determined by the Ministry of Economic Development on March 10, 2006, No. 64).
A SEZ resident is not entitled to have branches and representative offices outside the SEZ.
The law defines the forms of control over the activities of the resident.
The control is carried out in accordance with Law No. 294-FZ.
The agreement on the conduct of activities in the SEZ provides for the rights and obligations of a resident.
In particular, a resident of an industrial and production SEZ is obliged to make investments in the form of capital investments in rubles, an amount equivalent to at least 3 million euros, during the entire period of its activity. At the same time, investments in the amount of at least 1 million euros must be made at least within a year from the date of the agreement.
A SEZ resident does not have the right to transfer his rights and obligations under an agreement on the conduct of activities to another person.
The peculiarities of entrepreneurial activity in the SEZ are associated with the fact that a special tax regime is established on their territory, provided for by the tax code and the customs regime of a free customs zone. The customs regime provides that foreign goods are placed and used within the SEZ without payment of customs duties and value added tax, as well as without the application of prohibitions and restrictions of an economic nature established by the legislation of the Russian Federation on the regulation of foreign trade activities to such goods. Russian goods are placed and used on the terms applicable to export in accordance with the export customs regime with payment of excise taxes and without payment of export customs duties. The regime is detailed in Art. 37 of the Law "On SEZ".
A SEZ resident provides a guarantee against adverse changes in legislation. The essence of this guarantee boils down to the fact that the acts of the legislation of the Russian Federation on taxes and fees, as well as acts of the constituent entities of the Russian Federation and local self-government that worsen the position of resident taxpayers (with the exception of acts concerning excisable goods) are not applied to SEZ residents during the term of the agreement ...
"Law and Economics", 2011, N 10
The basic principles of investment legislation are laid down at the federal level, which directly affects the investment climate. In accordance with Art. 11 of the Federal Law of February 25, 1999 N 39-FZ "On investment activities in the Russian Federation carried out in the form of capital investments" one of the directions of state regulation of investment activities for the development of investment activities is the establishment by subjects of investment activities of special tax regimes that do not carry individual character.
In modern Russian conditions, it is necessary to rethink the place and role of special tax regimes in the system of measures of state regulation of the economy.
Special tax regimes may provide for a special procedure for determining the elements of taxation, as well as exemption from the obligation to pay certain taxes and fees (Article 18 of the Tax Code of the Russian Federation; hereinafter - the Tax Code of the Russian Federation). At present, the scope of their application is limited by the taxation system for agricultural producers, a simplified taxation system, a taxation system in the form of a single tax on imputed income for certain types of activities, and a taxation system for the implementation of production sharing agreements (PSA).
Of these areas, only PSA can be viewed as an attempt to stimulate investment activity using special tax regimes. Meanwhile, when considering the formation of tax regimes that stimulate investment activity, it is necessary to take into account the options for creating special economic zones (SEZ), closed administrative-territorial entities, and the granting of concessions.
Thus, the expansion of the scope of application of special tax regimes, accompanied by the formation of an effective system of tax administration, should be considered as an unused reserve for stimulating investment activity in Russia.
The scope of consideration of tax regimes, studied in the aspect of their influence on the formation of investment incentives, will be limited to the following main forms:
SEZ formation;
improving the application of the PSA;
application of concession mechanisms.
SEZs operating on the basis of various regulatory legal acts are widespread in Russia. Their creation is aimed at attracting foreign and Russian investments in order to accelerate economic growth, expand export potential, and efficiently use the natural, material and labor resources of certain zones of the Russian Federation. To achieve these goals, the SEZ, as a rule, have preferential tax and customs regimes, as well as a simplified procedure for carrying out export-import operations, which creates favorable conditions for the strengthening and development of economic entities of free economic zones.
Federal Law of July 22, 2005 N 116-FZ "On Special Economic Zones in the Russian Federation" is central to the legislation of the Russian Federation on special economic zones.
Since 2009, the authority for legal regulation, creation and management of SEZs on the territory of the Russian Federation has been transferred to the Ministry of Economic Development of the Russian Federation, in the structure of which the Department of Special Economic Zones and Project Financing has been formed.
On December 28, 2009, the Federal Law of December 25, 2009 N 340-FZ "On Amendments to the Federal Law" On Special Economic Zones in the Russian Federation "and Certain Legislative Acts of the Russian Federation” came into force. The amendments introduced by the President of the Russian Federation significantly increase investment attractiveness such territories. For example, since January 1, 2010, the minimum investment volume has been reduced by more than three times in order to become a resident of an industrial-production SEZ.
Today, 54 residents are registered on the territory of the already established SEZs, the volume of investments at the moment has amounted to over 5 billion rubles. At the same time, 44 residents are registered on the territory of technical and innovative SEZs, and 10 residents are registered on the territory of industrial and production zones, of which 5 are residents on the territory of the Lipetsk region and 5 - on the territory of the Republic of Tatarstan.
The main indicators of the functioning of the SEZ are presented in the table.
Dynamics of the main indicators of the creation and functioning of the SEZ in Russia in 2006 - 2009 and 2025
On the territory belonging to the SEZ of industrial and technical-innovative types, the free customs zone regime is applied, in which foreign goods are placed and used within the SEZ without payment of customs duties and VAT, as well as without the application of prohibitions and restrictions of an economic nature established by law to the said goods. on state regulation of foreign trade, and Russian goods are placed and used on the terms applicable to export in accordance with the export customs regime with payment of excise tax and without payment of export customs duties.
In accordance with para. 1 p. 1 of Art. 284 of the Tax Code of the Russian Federation, the profit tax rate is set at 20%, of which 2% is credited to the federal budget, 18% - to the budgets of the constituent entities of the Russian Federation. At the same time, for organizations - residents of the SEZ in accordance with par. 5 p. 1 of Art. 284 of the Tax Code of the Russian Federation, the laws of the constituent entities of the Russian Federation may establish a reduced tax rate (not less than 13.5%), provided that separate accounting of income (expenses) received (incurred) from activities carried out in the territory of a special economic zone and income (expenses) is maintained, received (incurred) when carrying out activities outside the territory of the SEZ.
In other words, for all types of SEZs, the regional profit tax rate can be reduced by the will of a constituent entity of the Russian Federation by no more than 4.5%. For example, for residents of the SEZ of a technical and innovative type, located in the Zelenograd administrative district of Moscow, in relation to the profit received from technical and innovative activities carried out on the territory of the SEZ, for the period 2006 - 2010. the tax rate at the lower border is set at 13.5% (Law of the city of Moscow dated July 5, 2006 N 31). For residents of the industrial-production SEZ, created on the territory of the Yelabuga region of the Republic of Tatarstan, the tax rate credited to the budget of Tatarstan has been lowered by the regional authorities to 13.5% for the period 2006 - 2015. (Law of the Republic of Tatarstan dated February 10, 2006 N 5-ZRT).
It is important to note that the provisions of par. 5 p. 1 of Art. 284 of the Tax Code of the Russian Federation on separate accounting cannot be applied independently - without including them in the law of a constituent entity of the Russian Federation.
Organizations-residents of industrial and production SEZs have the right to apply a special coefficient to the basic depreciation rate in relation to their own fixed assets, but not higher than 2 (Article 259.3 of the Tax Code of the Russian Federation). In all SEZs, taxpayers can also save on research and development costs in accordance with par. 4 p. 2 art. 262 of the Tax Code of the Russian Federation.
With regard to property tax, the Tax Code of the Russian Federation provides for exemptions in the form of exemption from taxation for a certain period (Article 381 of the Tax Code of the Russian Federation) and a reduction in the tax rate (Article 385.1 of the Tax Code of the Russian Federation).
SEZ resident organizations are exempt from land tax in respect of land plots located on such a territory for a period of five years from the moment ownership of each land plot arises (clause 9 of article 395 of the Tax Code of the Russian Federation).
With regard to SEZs registered in the Magadan and Kaliningrad regions, relations arising from the creation and operation of these zones, taking into account their specific geographic location and values for the geopolitical interests of the country, as well as in order to create favorable conditions for the socio-economic development of these regions, are regulated, respectively, by Laws N 104-FZ<1>and N 16-ФЗ<2>... Thus, the taxation procedure in these zones differs from that established by Law N 116-FZ. For example, residents of the Kaliningrad region are exempt from paying income tax for the first six years - the rate is zero percent, and from the 7th to the 12th year, the income tax rate credited to the regional budget is reduced by 50% for income received from implementation of an investment project (Article 288.1 of the Tax Code of the Russian Federation).
<1>Federal Law of May 31, 1999 N 104-FZ "On the Special Economic Zone in the Magadan Region".
<2>Federal Law of January 10, 2006 N 16-FZ "On the Special Economic Zone in the Kaliningrad Region and on Amendments to Certain Legislative Acts of the Russian Federation".
For transport tax in some regions, the rates have been significantly reduced (in the Altai Republic, for example, by 6 times or more), in Dubna, exemption from this tax is provided until 2011 (except for cars, water and air Vehicle), in Lipetsk, Zelenograd and Krasnodar Territory tax holidays are established for a period of five years, and in the Republic of Tatarstan and Tomsk - for 10 years.
The analysis shows that there are gaps in the modern Russian economy associated with the functioning of the SEZ. The existing disadvantages of Russian SEZs are not due to their genetics, but to the low quality of state regulation.
Despite the goals and objectives set for the administration of the zones, there are still no significant shifts in achieving these goals and solving the assigned tasks.
Manifested weaknesses Law N 116-FZ, which determines the organization and operation of zones, which have become the source of a number of serious problems related to:
mechanisms for the formation of zones;
the processes of interaction of the selected region with both state authorities and the zone itself;
mechanisms for attracting residents to the zones;
processes related to motivating and stimulating potential participants.
Let's consider them in more detail.
Analysis of the process of forming zones showed that at this stage there are the following problems that need to be addressed: rationalization of the choice of a region for participation in the SEZ; financing and material arrangement of zones; formation of stimulating conditions for investment activities.
The problem of rationalizing the choice of a region lies in the absence of constructive criteria and signs of choosing an applicant, which led to the fact that when selecting applications for the creation of SEZs, the main attention was paid not to the quality of their content, but to future budget revenues and investment volumes. Initially, it was assumed that the creation and development of zones should become a tool for the development of weak and backward regions of Russia, an impulse for the formation of their economic potential. However, in the future, there was a requirement for the regions that really lay claim to the creation of SEZs, to have a stable economy, experience in the implementation of large investment projects. There is a real threat that the formation of zones will further widen the gap that exists between subsidized and donor regions of Russia. Consequently, the initial goal set by the state for the zones, namely the development of weak and backward regions, cannot be achieved.
It should also be noted the problem associated with ensuring the participation of several regions in the zone at the same time: the absence of clearly prescribed conditions for the participation of regions geographically close to each other in the law makes it impossible to create one zone for two or more regions.
The problem of financing and material arrangement of the zones has become serious. The regions should receive funds for the arrangement of the zones from the federal budget. However, the financing of the infrastructure of the zones by the federal center is often carried out not regularly and in insufficient amounts. There is a need to attract funds from regional and local budgets. Here, in turn, a question arises related to the limited financial and resource potential and differentiation of the budgetary possibilities of the regions. To solve them, it is desirable to supplement and improve the procedures for the preparatory stage of creating zones. This primarily concerns the preparation of design work on infrastructure, the settlement of issues related to the use of foreign labor, registration of property rights and rights to land plots, etc. Today, the institutional mechanisms created do not correspond to the task of attracting investments in the SEZ. The volume of benefits provided to foreign investors in Russia is an order of magnitude lower than those provided, for example, to resident companies in China and India. The lack of special guarantees for investment protection plays a disincentive role.
The presence of the listed problems is explained by the lack of a clearly defined decision-making procedure, bureaucracy, and contradictions between federal and local authorities.
The problem of interaction between the region and the zone is that there is a mismatch between regional and federal interests. First of all, this concerns the problem of employment. As a rule, zones have been created in those regions where there is no problem of unemployment among the specialists it needs. In addition, the zones are expected to recruit personnel from other regions of the Russian Federation and neighboring countries. Here, serious problems may arise associated with the need to provide specialists attracted from other regions with scarce housing; incomplete use of the available scientific and technical potential of the region on the territory of which the zone is being created; an overabundance of highly qualified personnel in the region after the expiration of the zone's operation. There is a serious problem of establishing internal interactions in the zone.
Particular attention should be paid to the fact that a prerequisite for the effective functioning of the SEZ is the creation of the necessary infrastructure at the expense of budget funds (federal and regional). Perhaps this is the main problem on the way to the formation of SEZs, since the role of budget investments throughout the entire period of Russian reforms has always been underestimated, and their share in the total volume of investments in fixed assets continues to decline. However, budgetary resources are not the only source for the formation of infrastructure facilities.
This problem can also be solved by providing infrastructure concessions to private investors.
As domestic and foreign experience shows, a concession is an effective mechanism for attracting investment from private capital. On August 23, 2005, the Federal Law of July 21, 2005 N 115-FZ "On Concession Agreements" (hereinafter - Law N 115-FZ) came into force, regulating the relationship between business and the state.
According to the concession agreement, the obligations of the concessionaire on the basis of Art. 8 of Law N 115-FZ includes the creation and (or) reconstruction at its own expense of the object of the concession agreement ( movable property, defined by the agreement itself), the ownership of which belongs or will belong to the grantor, and the implementation of activities using (operation) of the object of the concession agreement. The obligation of the concessor is to provide the concessionaire for the period established by the contract, the right to own and use the object of the concession agreement for the implementation of the specified activity. The object of the concession agreement can be only certain real estate, the types of which are listed in Art. 4 of Law N 115-FZ.
Until recently, the opportunities provided by this Law were practically not used. With the adoption of Federal Law No. 108-FZ of June 30, 2008 "On Amendments to the Federal Law" On Concession Agreements "and Certain Legislative Acts of the Russian Federation", the rights of concessionaires have expanded. First of all, the right of ownership of the concessionaire to the products and income received as a result of the activities provided for by the concession agreement was secured. The updated Federal Law made it possible to flexibly approach the various conditions of the adopted agreements. Private investors are already actively involved in projects for the construction and operation of such facilities as the Western High-Speed Diameter in St. Petersburg and the High-Speed Moscow-St. Petersburg Highway 15 - 58 km section (operation must be paid).
To turn concessions into an effective mechanism for attracting investment, it is necessary:
the adoption of a law on concessions, which will be of fundamental importance for the effective management of state property. The concession law should first of all specify the categories state property that can be provided for use by individuals;
determination of general principles for the use of property and the nature of user rights;
developed conditions for granting concession rights;
delimitation of powers of state and municipal authorities to conclude and control the execution of concession agreements;
expanding the list of types of contracts regulated by the concession law (either by directly defining the specifics of such contracts, or by very broadly formulating the very concept of "concession");
providing the investor with state guarantees of stability of conditions for his investments, i.e. a stabilization clause for the period of the project, national treatment, invariability of the system of taxes and fees, etc .;
legislative definition that the state, in any unilateral actions, preserves the balance of financial interests of the parties, reimbursing the investor for losses incurred by him from such actions.
Thus, the Law on Concession Agreements needs to be modified, since the interests of the state and business have not yet found a point of intersection, and this is a necessary condition for any concession.
After accepting part one Civil Code RF, it became possible to organize economic activities on the basis of civil law principles. The first experience of forming such relations between the state and the investor already exists (production sharing agreements).
In Russia, contractual relations in the field of subsoil use are possible by concluding a production sharing agreement on the basis of Federal Law No. 225-FZ of December 30, 1995 "On Production Sharing Agreements" (hereinafter referred to as Law No. 225-FZ).
A production sharing agreement (PSA) is an agreement in accordance with which the Russian Federation grants to a business entity (hereinafter referred to as an investor), on a reimbursable basis and for a specified period, exclusive rights to prospect, prospect, and extract mineral raw materials in the subsoil area specified in the agreement, and to conduct related work, and the investor undertakes to carry out the specified work at his own expense and at his own risk.
A fundamental feature of the PSA is the replacement of the payment of most taxes (except for income tax, royalties and insurance premiums) with a division of the profitable part of the production. As a result of such a division, the state receives not the taxes themselves, but the right to sell the share of the extracted raw materials assigned to it by agreement.
Government authorities concluding a PSA on behalf of the Russian Federation deliberately seek to reimburse the investor for his expenses as soon as possible in the amount recognized by law and approved in the PSA. It is important that such investor's expenses as the purchase of equipment manufactured in Russia abroad and the costs of hiring foreign labor are considered non-reimbursable (expenses for training Russian personnel, on the contrary, should be attributed to reimbursable).
Considering that the maximum use of local resources, as a rule, makes the extraction of mineral raw materials cheaper, an increase in the investor's reimbursable costs in case of their active use will be leveled in terms of budget revenues due to an increase in the mass of profit (there will be cost savings due to import substitution).
It is significant that all currently operating PSAs, such as Sakhalin-1 and Sakhalin-2, were concluded prior to the entry into force of the Federal Law under consideration, and it is they that cause the greatest damage to the domestic economy both by unfavorable conditions for determining compensation products, and and contrary to national interests. When the Accounts Chamber of the Russian Federation checked the correctness and timeliness of bonuses and other payments received by the Russian side during the implementation of the Sakhalin-1 and Sakhalin-2 production sharing agreements, numerous violations were also identified, including in terms of timing and size.
The main negative point is that raw materials go abroad as an equivalent of unacceptably overstated costs with a significantly increased price. The profitability of the project and, accordingly, its effectiveness for the owner of the subsoil turns out to be illusory.
The performed analysis showed that in the world experience of tax regulation of investment activity there are very positive analogs, the adaptation of which in the Russian conditions can give a new impetus to the revival of investment activity. This primarily refers to the combination of the provision of targeted investment incentives with strict control of their intended use in the formation of tax regimes for special economic zones, the conclusion of production sharing agreements and for the granting of concessions.
Bibliography
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- Shiganov A.V. Special economic zones as "points of growth" in the regional economy // Economic analysis: theory and practice. 2010. N 6.P. 67 - 72.
- Pinskaya M.R. Tax component in special economic zones: Russian and foreign // Tax policy and practice. 2008. N 8.
- Smirnova E.E. Profit tax in the SEZ // Profit tax. Accounting for income and expenses. 2010. N 3.
- Gordeeva O.V. Special economic zones: tax aspect // Finance. 2009. N 7.
- Malomuzh S.S. Industrial production special economic zones. Technological and innovative special economic zones: Collection of legislation. M., 2007.
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I. V. Minakova
head chair
customs and administration,
world economy and politics
GOU VPO "Yugo-Zapadny
State University"
(Kursk),
specialist
in the field of state
regulation of the economy,
investment processes,
state
insolvency regulation,
institutional economics
K.E. Korovina
Postgraduate student
department "World
and the national economy "
GOU VPO "Yugo-Zapadny
State University"
(Kursk),
specialist
in the field of state
regulation of the economy,
investment processes,
regional economy,
tax policy
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