Tax risks: concept, causes. Tax risks: types Concept and types of tax risks

From these positions, the most correct definition of financial risks is given by S. A. Filin: “Financial risks arise in connection with the movement of financial flows under conditions of uncertainty and represent the likelihood (threat) of adverse financial consequences in the form of loss of income or capital, danger potential loss of financial resources (money) or shortfall in profit (income) compared to the forecast option and/or the opposite - the likelihood of receiving additional benefit (income) as a result of an economic entity carrying out its financial activities under conditions of uncertainty.”

In our opinion, the most complete composition of financial risk is given by I. A. Blank (Fig. 1.1).

Risk of financial decline		Risk of insolvency		Investment risk
owl sustainability
Other types of risks				Inflation risk
		Types of financial
Tax risk				Interest rate risk

Rice. 1.1. Types of financial risks (by )

The advantage of this gradation is the identification of tax risks as a component of financial risks. Tax risks have a monetary value and entail increased costs. The bulk of tax risks can be directly assessed in monetary terms. Only tax risks associated with criminal liability can be considered non-financial. At the same time, organizations as legal entities cannot be subjects of criminal relations, thus, this type of risk cannot be fully extended to the taxpayer organization.

So, risk is a type of uncertainty regarding the results of a subject achieving the goals of certain operations, allowing for the existence of a negative option for the subject. In relation to tax planning, risk should be considered as a type of uncertainty regarding the results of the company achieving the goals of the tax plan.

ning. Risks, including those that must be taken into account during tax planning, must be classified according to a number of criteria in order to create the basis for the effective application of appropriate risk management methods and techniques. The system of classification characteristics of risks makes it possible to give a comprehensive description and identify the essential characteristics of a specific risk, including tax. In particular, based on the reasons for their occurrence, tax risks are a component of financial risks included in the group of commercial risks. At the same time, financial risks are risks arising in connection with the movement of financial flows under conditions of uncertainty.

1.2. Concept and classification of tax risks

Tax risks are of significant importance in the financial management system, since tax relations mediate most financial transactions, and therefore are an important factor determining their effectiveness. From the author’s point of view, the criteria for assessing the quality of decisions made in the field of impact on the parameters of taxation of business entities within the framework of financial management should be not only maximizing the financial result and/or cash flow in order to strengthen the financial condition and increase the market value of the organization, but also minimizing the risks of such impact . This point of view can also be seen in the work of D. N. Tikhonov and L. G. Lipnik, who, speaking about the choice of a model of economic behavior related to the payment of taxes, and referring to the experience of Russian enterprises, name two factors that determine it: efficiency and risks .

Moreover, due to the impact of tax risk, the value of the financial result and cash flow during tax planning can only be calculated approximately, and in the case of significant deviations, this may lead to the adoption of economically ineffective management decisions in the field of tax management. Thus, the purpose of assessing tax risks is to reduce the uncertainty of information used to influence the taxation parameters of a business entity.

As shown above, it seems appropriate to consider tax risks as a type of financial risk, since during tax planning, as a result of the application of certain tax schemes, risks of financial losses arise. At the same time, the calculation of uncertainty that arises in the course of solving tax planning problems becomes particularly relevant, since some of the developed tax schemes that allow optimizing the existing model

taxation, are designed to minimize financial risk. The absence of an established terminological apparatus for tax risk in the specialized literature makes it advisable to consider different points of view on the definition of the tax risk under consideration.

I. A. Blank and T. A. Kozenkova consider only the external component of tax risk, dividing it into the following types:

− the risk of introducing new tax payments;

− the risk of an increase in current tax payment rates;

− the risk of changes in the conditions and timing of tax payments;

− risk of tax benefits being cancelled.

T. A. Kozenkova connects tax risks with changes in the country’s tax policy, the establishment of new forms of taxation, changes in rates, the introduction of new taxes and duties, the abolition of tax benefits, etc. It appears that this approach is unduly narrow. The source of tax risk can be not only external, but also a number of internal factors.

S. A. Filin interprets tax risk somewhat more broadly, taking into account such an internal source of risk as tax errors: “Tax risk is the probability (threat) of losses that an economic entity may incur due to an unfavorable change in tax legislation in the process of financial activity or as a result of tax errors made when calculating tax payments." However, from our point of view, limiting internal factors only to tax errors is also not correct.

V. N. Evstigneev defines tax risk through the expression of an assessment of “the possibility of adverse consequences for a particular taxpayer arising in the field of tax planning”; however, it limits tax risks only to losses that represent tax sanctions: “Tax risk... is possible additional tax charges, fines, penalties and other sanctions from tax authorities if they conduct an on-site documentary audit.”

IN in the definition of D.N. Tikhonov and L.G. Lipnik, this restriction is absent and the possibility of the existence of financial losses of a different kind than penalties is implied: “Tax risk is the opportunity for a taxpayer to incur financial and other losses associated with the process of paying and optimizing taxes, expressed in monetary terms."

IN At the same time, some tax risks are more appropriately classified not as pure, but as speculative risks, since their consequences can manifest themselves not only in the form of losses, but also in the form of positive results. For example, legislative easing of the conditions for taxation of business entities entails a reduction in the tax burden, an increase

profit and cash flow. The use of tax optimization schemes is accompanied by the risk of some losses, but is directly aimed at a positive result.

From the author’s point of view, tax risk should be understood as the danger for the subject of tax legal relations to incur financial (and other) losses associated with the taxation process due to negative deviations for this subject from the future states assumed by him, based on the current rules of law, based on which they make decisions in the present, or the possibility of obtaining additional benefits (income) as a result of positive deviations.

It should be noted that not only taxpayers, but also other subjects of tax legal relations are exposed to tax risks. If for taxpayers an increase in the level of tax burden or financial losses associated with violation of tax legislation lead to a decrease in financial resources and property potential, then, for example, for the state the tax risk consists of a decrease in tax receipts as a source of budget formation.

In order to take adequate measures to manage tax risks, it is primarily of interest to identify and assess tax risks with negative consequences. In a formalized form, the definition of risk with negative consequences in tax planning can be presented as follows.

Let F be the target function that determines the result of tax planning; F cool – the value of the objective function expected by the company; ∆F – area of ​​uncertainty regarding the values ​​of the objective function. The area of ​​uncertainty is the set of all values ​​that cannot be excluded as possible based on available information.

The risk of losses in tax planning (∆pF) is a set of values ​​of the objective function that belong to the area of ​​uncertainty regarding the values ​​of this function, and which for the company are worse than the expected value:

pF = ( F F F< Fож } .

The presence of target risks (∆pF) is a consequence of the presence of factor risks (∆pХ). Thus, the presence of risk (∆pF) is due to the existence of a region of uncertainty regarding the value of the vector of variables X of the function F(X):

pX = ( X X F(X) pF) .

In turn, the vector of variables X can be a function of other variables: X = X (Y), etc. Thus, we can talk about the presence of factor risks of the first, second and subsequent levels.

The identified cause-and-effect relationships can form the basis for the classification of risks in tax planning, in which each risk corresponds to a certain level of hierarchy.

Based on the concepts of target and factor risks in tax planning and applying the logical modeling method, tax risks can be classified according to the following criteria (Fig. 1.2):

1. For entities bearing tax risks: tax risks of the state

gifts, taxpayers, tax agents, related parties. The risk of taxpayers can be detailed into the risk of legal entities and individuals.

2. According to the factors determining financial risks (sources of

appearances): external and internal (Fig. 1.3). For the state, external risks are caused by the effect of international treaties in the field of taxation, changes in tax conditions in offshore zones

And etc.; internal - by the activities of legislative and executive authorities performing the functions of the state in the taxation process, as well as taxpayers. For a business entity, the source of external risks is, in particular, changes by the state in taxation conditions:

− introduction of new types of taxes and fees; − change in the level of current tax rates;

− change in the procedure for determining tax bases; − cancellation of granted tax benefits;

− changing the terms and conditions of tax payments;

– the use by the state of ways to reduce the ability of companies to minimize tax payments. We are talking about the doctrines of “substance over form” and “business purpose”, as well as filling gaps in tax law. In particular, a transaction can be reclassified in accordance with its essence if it is proven that its form does not correspond to the nature of the relations actually existing between the parties to the agreement. Under the business purpose doctrine, a transaction that creates a tax advantage can be recharacterized if it fails to achieve a business purpose. The implementation of these doctrines is based on the provisions of the Civil Code of the Russian Federation, which provide for the nullity of imaginary (done without the intention of creating corresponding legal consequences) and feigned (done to cover up another transaction) transactions. The rules of the transaction that the parties actually intended when making it apply to a sham transaction. Thus, if the court proves that transactions, the implementation of which creates tax advantages, are imaginary or sham, the company will suffer direct financial losses in the form of additional taxes, as well as the application of penalties for violations of tax laws.

by subjects bearing risks

by factors determining risks (sources of occurrence)

by time of occurrence

Tax risks

state risks
				by object
tax risks				connections with others
				types of risks
		risks of legal entities
taxpayers
		risks for individuals
interdependent
				consequences
internal

existing			in size
			possible
	Rice. 1.2. Classification of tax risks

risk of lost profits

risk of loss of material and other

values

insolvency risk

investment risk, etc.

tax control risks

risks of increased tax burden

risks of criminal prosecution

of a gov't nature

acceptable

critical

catastrophic

Factors determining risks (sources of occurrence)

		internal

for the state

validity of international treaties in the field of taxation

changes in tax conditions in offshore zones, etc.

for a business entity

introduction of new types of taxes and fees

change in the level of current tax rates

change in the procedure for determining taxable persons

abolition of tax benefits

changing the terms and conditions of tax payment

the use by the state of ways to reduce the ability of companies to minimize taxes

for the state

activities of legislative and executive authorities performing state functions in the taxation process

activities of taxpayers

for a business entity

mistakes in tax planning

negative changes in economic and financial activities

double reading of tax legislation

tax errors

Rice. 1.3. Sources of tax risk

IN Among the internal tax risk factors, the following can be identified:

− mistakes made during tax planning; − negative changes in economic and financial activities; − double reading of tax legislation; − human factor (tax errors).

IN number of negative changes in economic and financial activities that are factors in the emergence of tax risk can be named as follows:

− violation of contractual relations affecting the calculation and payment of taxes;

− failure to fulfill the plan; − participation in court proceedings;

− insolvency of the entity, the consequences of which may include losses in the form of penalties, seizure of accounts and property, and bankruptcy.

Tax errors that arise in the financial activities of an organization can be divided into several groups:

1) absence or incorrect execution of primary documents;

2) errors caused by incorrect interpretation of tax legislation, insufficient qualifications of performers and lack of control by management:

− incorrect determination of the tax base; − incorrect differentiation of income and expenses by period; − incorrect application of tax benefits; − incorrect determination of the tax rate;

3) untimely response to changes in the taxation system;

4) arithmetic (counting) errors;

5) late submission of reporting documentation to the tax authorities;

6) late payment of taxes due to the financial insolvency of the entity or due to the forgetfulness of the performers.

2. By object of connection with other types of risks : risk of lost profits

dy, risk of loss of tangible and intangible assets, risk of insolvency, investment, etc.

3. By type of consequences for business entities: tax risks

control, risks of increasing the tax burden, risks of criminal prosecution of a tax nature. Tax control risks can be divided into risks of regular and custom tax control. The latter are related to control initiated by law enforcement agencies within the framework of a “political order”, relate to force majeure circumstances and cannot be assessed accurately enough. The risks of increasing the tax burden are divided into risks of growth of tax bases and rates due to changes in the methodology for calculating taxes, as well as risks

increase in tax bases due to expansion of activity volumes. The risks of criminal prosecution can only be indirectly assessed in terms of the consequences associated with the inability to continue the activities of managing a taxpayer entity by persons subject to criminal prosecution. Note that risks classified by type of consequences are discussed in the work. However, the authors of the work outline only the reasons for the occurrence of these risks, without addressing the issue of their direct assessment.

4. According to the magnitude of possible losses: permissible, critical and ka-

catastrophic risks. Critical losses pose a threat to the solvency of the organization, catastrophic losses pose a threat to the existence of the taxpayer organization.

5. By time of occurrence: future and existing risks. There are existing risks of tax sanctions for past periods, reports for which are submitted to the tax authorities. Future risks are associated with the organization’s activities in the current and upcoming tax periods, reporting on which will be submitted to the tax authorities in the future.

So, tax risk should be understood as the danger for an entity to incur financial losses as a result of tax legal relations due to negative deviations from the expected states of the future, based on which it makes decisions in the present, or the possibility of receiving additional benefits (income) as a result of positive deviations. From a mathematical point of view, the risk of losses in tax planning (∆pF) is the set of values ​​of the objective function that belong to the area of ​​uncertainty regarding the values ​​of this function, and which for the company are worse than the expected value. The presence of target risks (∆pF) is a consequence of the presence of factor risks (∆pХ). Thus, the presence of risk (∆pF) is due to the existence of a region of uncertainty regarding the value of the vector of variables X of the function F(X). In turn, the vector of variables X can be a function of other variables: X = X (Y), etc. Thus, you can

talk about the presence of factor risks of the first, second and subsequent levels.

Risk management is based on an assessment of their significance; therefore, at the next stage of the study, it seems appropriate to explore methodological approaches to risk assessment, as well as adapt them to assess risks in tax planning.

2. PRINCIPLES, METHODOLOGY FOR IDENTIFYING AND METHODS FOR ASSESSING TAX RISKS

2.1. Principles for identifying and assessing tax risks

One of the main rules of financial and economic activity says: “Do not avoid risk, but anticipate it, trying to reduce it to the lowest possible level,” and for this it is necessary to properly manage risks, including tax risks. To do this, it is necessary to determine the key principles that should guide the implementation of activities aimed at identifying, assessing and reducing tax risks. These include the following.

1. The principle of cost adequacy.The cost of the implemented risk reduction scheme should not exceed the amount of possible losses resulting from tax risks.

The acceptable ratio of the costs of the created scheme and its maintenance to the amount of tax savings expressed as risk has an individual threshold, which may depend on the degree of risk associated with the scheme and on psychological factors. In practice, this threshold is 50-90% of the size of the risks being reduced.

2. The principle of legal compliance.Tax optimization scheme

government risks must be, undoubtedly, legitimate in relation to both domestic and international legislation.

This principle is sometimes also called the “least resistance” tactic. Its essence lies in the inadmissibility of constructing tax risk reduction schemes based on conflicts or “gaps” in regulations. In cases where certain provisions of the law are controversial and can be interpreted both in favor of the taxpayer and in favor of the state, there is either the likelihood of future litigation, or the need to finalize the scheme, or incur costs associated with informal payments to controllers, and etc.

3. The principle of confidentiality. Access to information about actual

the purpose and consequences of the transactions carried out should be limited as much as possible.

In practice, this means that, firstly, individual performers and structural units participating in the overall chain of risk optimization should not imagine the whole picture, but can only be guided by certain local instructions. Secondly, officials and owners should avoid giving orders and storing general plans using means of personal identification (handwriting, signatures, seals, etc.).

Compliance with the principle of confidentiality is fraught with the possibility of losing complete control over all links participating in the scheme. One of the features of most tax reduction structures

1

This article provides the main classifications of tax risks that exist for enterprises and ways to solve them. The consequences of tax risks can be positive, neutral or negative. At the same time, financial risk management should be based on certain principles. Tax risks are of great importance in the financial management system, because tax relations are an important factor determining their outcome. The main techniques for managing tax risks are avoiding risk, reducing risk, and accepting risk. In the financial activities of an enterprise, the tax risk management system should be an independent system. In the financial activities of an enterprise, tax risk management presupposes the possibility of purposefully reducing the likelihood of risks occurring and minimizing the negative consequences associated with the taxation process, and the effectiveness of the organization of risk management largely depends on the classification of risk.

tax risk

minimizing tax risk

consequences of tax risks

financial activity of the enterprise

neutralization mechanisms

1. Kuzmicheva I. A., Flick E. G. Automation of accounting work of tax authorities // Territory of new opportunities. Bulletin of Vladivostok State University of Economics and Service. – 2010. – No. 5. – p.67-72.

2. Tax Code of the Russian Federation: (as of April 21, 2014) / [Electronic resource] / ConsultantPlus. – 2014.

3. Directories of the Federal State Statistics Service (Rosstat) [Electronic resource] / Access mode: www.kadis.ru/gosorg.

4. Official website of the Federal Tax Service of the Russian Federation [Electronic resource]/Access mode: www.r42.nalog.ru/pv/42_risk/.

5. Official website of the Ministry of Economic Development of Russia [Electronic resource] / Access mode: www.economy.gov.ru/minec/main.

According to the generally accepted classification, tax risks include certain types of financial risks that are elements of the financial and economic activities of an enterprise. In this case, if an organization is engaged in any type of activity, there is always a risk that accompanies its current activities. A definition of tax risk is found in educational, regulatory and regulatory sources. This is an objective opportunity for the taxpayer to incur financial losses associated with the procedure for calculating, paying and optimizing taxes and other non-tax payments.

In the modern realities of a market economy, the role of managing tax risks of an organization is growing, since the consequence of such risks is additional costs in the form of penalties, which reduce the financial result of the enterprise.

The consequences of tax risks can be: positive, negative and neutral.

The consequences of tax risks are considered positive when the taxpayer receives a high result as a result of his activities. The taxpayer can obtain such a result with the help of tax management, managing taxes and anticipating changes in the country’s tax policy, and can calculate and increase their tax risks.

The consequences of tax risks can be negative if the increase in tax risks has a negative side, which can result in harmful economic consequences for society and the state. Reducing tax risks through conscientious economic behavior, the taxpayer tries to compare everything so that the planned results of his activities coincide with those actually obtained.

The goal of entrepreneurship, in a competitive environment, is to obtain maximum income at minimum costs. In order to make this goal a reality, it is necessary to compare the amount of capital invested in production activities with the tax risks and financial results of this activity, then the enterprise will receive maximum income without spending very large amounts of money.

1. disclosure of theoretical and practical foundations of financial risk management;
2. minimizing tax risks of an enterprise and ways to solve it;
3. consideration of general methods and indicators used to assess economic risks.

To achieve these goals, it is necessary to solve the following tasks:

• consider the economic essence and existing classification of financial risks;
• principles of financial and tax risk management;
• policy for managing financial and tax risks of the enterprise;
• mechanisms for neutralizing financial risks.

The relevance of this topic is that at present, an important element of the effectiveness of the financial and economic activity of an enterprise is an understanding of the essence of tax risks, therefore, tax risk management is considered the main component of financial management and financial policy of an enterprise.

The financial activity of an enterprise is accompanied by various types of risks that affect the results of this activity, as well as the level of financial security. These risks play a major role in the “risk portfolio” and form a special group of financial risks of the enterprise. A portfolio is a tool that ensures stability of income with minimal risk.

Financial risks are characterized by great diversity and require a certain classification. In the financial activities of an enterprise, credit risk takes place only when providing commodity or consumer loans to customers. Such enterprises that conduct foreign economic activity, import raw materials and supplies, and export finished products are subject to currency risks. In this case, there is a shortfall in the expected income due to the foreign exchange rate. Investment risk characterizes the possibility of financial losses that may arise during the investment activities of an enterprise. A decrease in the level of liquidity of current assets reduces the risk of insolvency of the enterprise. Price risk incurs financial losses for an enterprise associated with unfavorable changes in price indices for assets. The risk of reducing the financial stability of an enterprise is characterized by an excessive share of borrowed funds. Deposit risk is associated with an incorrect assessment and unsuccessful choice of a commercial bank to carry out deposit operations of an enterprise.

According to the nature of the financial consequences, all risks are divided into: risk entailing economic losses and risk entailing lost profits. The financial consequences of a risk that entails economic losses will always be only negative; there is the possibility of loss of income or capital. The risk entailing lost profits considers a situation when an enterprise cannot carry out a planned financial transaction for any reason.

According to the characterized object, the following groups of financial risks are distinguished:

1. risk of an individual financial transaction. This risk characterizes all types of financial risks belonging to a certain financial transaction;
2. the risk of various types of financial activities (for example, as the risk of investment or foreign exchange activities of an enterprise);
3. the risk of the financial activities of the entire enterprise in general. This is a complex of various types of risks, which is determined by the specifics of the organizational and legal form of its activities, the composition of assets and the capital structure.

Based on complexity, simple and complex financial risks are distinguished. Simple financial risk characterizes a type of financial risk that is not divided into separate subtypes. An example of such a risk is inflation risk. Complex financial risk defines the type of financial risk, which consists of a set of its subtypes. An example of complex financial risk is investment risk.

Based on the totality of the instruments under study, financial risks are divided into the following groups:

1. individual financial risk;
2. portfolio financial risk.

Individual financial risk characterizes the total risk associated with individual financial instruments. Portfolio financial risk characterizes the risk belonging to the entire complex of single-function financial instruments.

Based on the nature of their manifestation over time, they distinguish between permanent financial risk and temporary financial risk. Constant financial risk is associated with the action of constant factors and is characteristic of the entire period of financial activity. Temporary financial risk arises at individual stages of a financial transaction and is continuous.

Financial risk management is based on certain principles, the main of which are:

1. Awareness of risk taking. An enterprise engaged in a certain type of activity must understand the essence of the work and consciously take risks if it hopes to receive income from its activities.
2. Manageability of accepted risks. Risks need to be managed regardless of the objective and subjective nature of financial risks, therefore the portfolio should include only those risks that are easy to neutralize during the management process, therefore it will be easier to create conditions for ensuring income stability with minimal risk.
3. Commensurability of the level of risks taken with the level of profitability of the operations performed. By comparing the degree of risks with the level of profitability of operations, an enterprise can accept only those risks, the degree of influence of which is considered adequate to the amount of profitability that the enterprise expects.
4. Comparability of the level of accepted risks with the possible losses of the enterprise. The enterprise must compare the level of risks taken with the losses of the enterprise. When an enterprise carries out a certain operation, it is necessary to achieve such a result that the size of the enterprise’s financial losses corresponds to the share of capital that is saved to cover it in a critical situation.
5. Taking into account the time factor in risk management. An enterprise should take into account the degree of time involved in risk management; the longer the operation takes place, the greater will be the size of the financial risks associated with it.
6. Taking into account the enterprise strategy in the risk management process. The financial risk management system should be based on general criteria and approaches that are developed by the entrepreneur himself. If an entrepreneur wants to get a good result from his activities, then he needs to focus and direct all his efforts on certain types of risks that will give him the maximum benefit.
7. Taking into account the possibility of risk transfer. The acceptance of a number of financial risks is incompatible with the enterprise’s ability to mitigate their negative consequences. Thus, the need to carry out any operation that carries risk may be prescribed by the requirements of the strategy and direction of economic activity.

Based on the principles that have been reviewed at the enterprise, a financial risk management policy is created. With the help of this policy, neutralization measures are developed to eliminate the threat of risk and its negative consequences associated with the implementation of various aspects of economic activity.

From the totality of financial risks, tax risks can be distinguished:

1. tax control risks;
2. risks of increased tax burden;
3. risks of criminal prosecution.

Tax control risks depend on the level of activity of the taxpayer in relation to tax reduction. For a law-abiding taxpayer, the risks of tax control are small and lead to the possibility of tax authorities detecting tax accounting errors. For a taxpayer who takes active steps to minimize taxes, these risks increase. The risks of increasing the tax burden belong to economic projects of a long-term nature, for example, new enterprises and real estate investments. Such risks include the abolition of tax benefits and an increase in tax rates.

Taxpayers may experience significant financial losses within the framework of criminal prosecution for committing any offenses. When conducting a tax audit, for managers of the largest enterprises, there is a possibility of being subject to criminal proceedings; this probability is close to 100%.

Tax risks are of great importance in the financial management system, because tax relations are an important factor determining their outcome. Tax risk is understood as the danger for the subject of tax legal relations to incur financial losses that are associated with the taxation process; therefore, for the taxpayer, the increase in tax costs consists of a decrease in property potential and a decrease in the ability to solve problems that face the future. For the state, tax risk represents a decrease in budget revenues as a result of changes in tax rates and tax policy.

The main characteristics of tax risk are:

1. is an integral component of financial risk;
2. associated with inaccuracy of economic and legal information;
3. covers all participants in tax legal relations (taxpayers, tax agents and other entities representing the interests of the state);
4. is negative for all participants in tax legal relations.

Tax risk management is a set of techniques and methods that allow you to predict the occurrence of dangerous events and apply effective actions to minimize negative consequences.

Managing tax risks of an enterprise is a special area of ​​economic activity that requires deep knowledge in the field of tax, administrative, civil and criminal law, methods for optimizing business decisions and analyzing business activities.

The main techniques for managing tax risk can be identified: risk avoidance, risk reduction, risk acceptance.

In the financial activities of an enterprise, risk avoidance is a refusal to carry out a project associated with risk and makes it possible to completely avoid any uncertainties. It must be remembered that this principle presupposes a complete renunciation of profit. The principle of risk reduction means reducing the likelihood and volume of losses. Accepting risk means that all or some part of the risk remains the responsibility of the entrepreneur, and in this situation the entrepreneur must decide to cover possible losses at his own expense.

In addition, there are other classifications of tax risks:

In the financial activities of an enterprise, tax evasion is associated with illegal actions. Methods of tax evasion are divided into criminal and non-criminal. The actions of taxpayers are non-criminal if they are associated with tax evasion through violation of civil and tax laws, and with incorrect writing of transactions in tax and accounting records. Criminal actions are associated with violations of tax and criminal law.

The main role in the system of methods for managing financial risks of an enterprise belongs to internal neutralization mechanisms. Internal mechanisms for neutralizing financial risks represent a system of methods for minimizing negative consequences.

The advantage of using internal mechanisms to neutralize financial risks is the high degree of alternativeness of management decisions made, one of two, independent of other business entities.

Internal neutralization mechanisms include:

1. risk avoidance;
2. limiting risk concentration;
3. hedging;
4. diversification;
5. transferrisk;
6. self-insurance

In the financial activities of an enterprise, risk avoidance is characterized as the development of strategic and tactical decisions of an internal nature, which completely eliminates a specific type of financial risk.

Also, internal neutralization mechanisms include limiting the concentration of risk. Typically, this mechanism is applied to those types that go beyond the acceptable level for financial transactions carried out in an area of ​​catastrophic or critical risk.

Hedging is a neutralization mechanism associated with transactions with derivative securities that helps to effectively reduce financial losses.

The operating principle of the diversification mechanism is based on sharing risks, which prevents risks from increasing. In the financial activities of an enterprise, the diversification mechanism is used to mitigate the negative financial consequences of special types of risks.

The financial risk transfer mechanism is based on the transfer or transfer of individual financial transactions to its business partners. Partners are sent exactly that part of the risks for which they have a greater opportunity to mitigate the negative consequences of financial risks.

The enterprise retains part of its financial resources and allows it to overcome the negative financial consequences of those financial transactions in which these risks are associated with the actions of counterparties; this is the mechanism of self-insurance of financial risks.

Currently, tax risk is an objective reality that every subject of economic and legal relations faces. This risk carries a material financial result in the form of income or loss, which must be assessed for the normal operation of the enterprise.

The tax risk management system should be built on the basis of appropriate principles, work in accordance with the available capabilities of modern risk management methods, do everything to develop the infrastructure, create conditions for the normal functioning of production and control risks at all levels of the financial activity of the enterprise.

Understanding the nature of risk helps you make the right decision regarding tax risk management and choose the most effective ways to reduce economic losses.

Increasing the efficiency of tax risk management is an important aspect in the financial activities of an enterprise, since it allows reducing the growth of additional tax charges based on the results of audits, which can become especially painful for companies that have problems with liquidity.

Currently, tax risks greatly influence the development and economic security of the state as a whole, therefore the work of tax authorities must be of better quality in order to ensure the fullness of the federal, regional and local budgets.

In the financial activities of an enterprise, the tax risk management system should be an independent system.

In the financial activities of an enterprise, tax risk management presupposes the possibility of purposefully reducing the likelihood of risks occurring and minimizing the negative consequences associated with the taxation process, and the effectiveness of the organization of risk management largely depends on the classification of risk.

Bibliographic link

Zamula E.V., Kuzmicheva I.A. TAX RISKS OF THE ENTERPRISE AND WAYS TO MINIMIZE THEM // International Journal of Applied and Fundamental Research. – 2014. – No. 8-3. – P. 118-122;
URL: https://applied-research.ru/ru/article/view?id=5762 (access date: 09/18/2019). We bring to your attention magazines published by the publishing house "Academy of Natural Sciences"

Tax risks are the probable loss of an enterprise that may arise in the event of unfavorable developments in terms of fiscal relations with the state. In this article we will understand what an organization’s tax risks are, define the criteria and procedure for assessing them.

The essence of the problem

The emergence of tax risks (TR) is largely due to the desire of the taxpayer to reduce the size of the fiscal burden. In other words, all companies and entrepreneurs are interested in paying less taxes and fees to the state budget. Moreover, this issue is not always resolved legally.

However, deliberate concealment and understatement of the tax base is not the only factor in the HP. These include:

• financial and legal illiteracy of the subject;
• incorrect interpretation of current legislation;
• duality of fiscal norms and taxation rules;
• lack of information about changes and innovations in the legal framework;
• technical errors;
• dishonesty of counterparties.

In other words, the emergence of fiscal risks is associated with a direct violation of the law, when the norms Tax Code of the Russian Federation and other laws are completely ignored. Or with indirect violations, in which the rules and regulations of taxation are not fully observed.

Consequently, when similar violations are detected, the economic entity almost immediately comes under special control from the Federal Tax Service. Tax officials initiate an on-site audit to determine the tax risks of the enterprise on the spot.

Classification by type

Types of tax risks of an organization are classified into:

1. Internal and external.
2. Predictable and unpredictable.
3. Systematic and non-systematic.

AEs can also be classified into three large groups according to the time of their occurrence:

1. Before an inspection by the Federal Tax Service, when a dispute with representatives has not yet arisen, for example, errors and violations arise due to dishonesty of counterparties or due to incorrect registration of business transactions.
2. During control activities. Violations were identified during an inspection (audit), both desk and field.
3. Based on the results of the inspection. In this case, disagreements arise between the Federal Tax Service and the controlled entity, in which an appropriate act is drawn up for further appeal.

Current evaluation criteria

For the analysis, the Federal Tax Service has developed a special list of criteria by which the degree of fiscal losses is determined. Please note that this list is not secret. That is, tax authorities strongly recommend conducting independent audits according to this list. This approach will allow the company to avoid fiscal violations and penalties.

So, the current criteria for assessing tax risks are enshrined in Order of the Federal Tax Service of Russia dated May 30, 2007 No. MM-3-06/333@ and reflect:

Absence

actual legal relationships of counterparties when concluding contracts and agreements, including with individuals; documentation confirming the rights, obligations and powers of the head of the enterprise or his legal representative; confirmation of the fact of state registration of the counterparty with the Federal Tax Service; real evidence (facts) confirming the conduct of financial and economic activities by counterparties; economic justification for the formation of prices (costs) of contracts; the validity of the use of installments, deferments in payment for contracts; real attempts to collect debts, penalties, penalties and fines under agreements (contracts); interest and security on loans issued and received, or their unreasonable understatement.

low fiscal burden in comparison with similar entities in the industry; financial losses reflected in financial statements over several calendar years; large VAT deductions; high growth of expenses (costs, costs) and stop (reduction) of income growth; low level of wages, in comparison with the industry and regional averages; criteria close to the boundary that give the right to use special regimes; a high share of the entrepreneur’s expenses that reduce the income tax accrued to him from his main activity; unreasonable number of intermediaries when concluding contracts; inactions or actions indicating concealment of information or unwillingness to provide information necessary for tax control; frequent changes of places of tax registration with the Federal Tax Service; low level of profitability of the activities carried out, when compared with the industry average.

These criteria apply not only to taxpayers on OSNO, but also to “simplified” taxpayers who have switched to special tax regimes. For example, the tax risks of the business of legal entities and individual entrepreneurs will be assessed using the simplified tax system or UTII.

Let us note that based on the analysis of these criteria, the external and internal tax policies of our country are formed, and the tax risks of the state as a whole are assessed. This approach allows for timely adjustments to current policies in order to avoid adverse consequences.

Self control

In order for taxpayers to avoid problems with the Federal Tax Service, it is necessary to organize independent control and effective management of IR. A systematic assessment of tax risks is the only correct solution in this situation.

1. Avoid dubious transactions.
2. Conclude transactions only with trusted counterparties.
3. Refuse the services of suspicious companies.
4. Document all operations in accordance with current instructions and requirements.
5. Constantly monitor updates and changes in fiscal legislation.
6. Take care of the development and approval of a tax risk management system.

Tax risks of an organization includethose facts and circumstances that may increase its costs in terms of mandatory payments. What are they? We'll talk about this in our article.

Types of tax risks

In the course of its activities, an organization may face the following tax risks:

• the risk of introducing new taxes, increasing existing ones or changing tax rules, leading to an increase in the tax burden on business;
• risk of tax audit;
• risk of additional tax charges.

Regarding the first risk, let us recall that our tax legislation is not stable enough. Thus, thoughts about increasing tax rates are often discussed in various circles, including at the level of legislators - take, for example, the periodically emerging idea of ​​a progressive personal income tax scale. And the expansion of the Tax Code of the Russian Federation was felt by sellers in Moscow as recently as 2015, who were obliged to pay a sales tax.

But the organization cannot do anything about this risk - it can only accept new rules and adapt to them. The same cannot be said about the second and third risks. Let's look at them in more detail.

Tax audit risk

When we talk about the risk of a tax audit, we, of course, mean an on-site audit. After all, desk audits accompany the organization throughout its entire activity simply upon the submission of declarations.

Read about the procedure for desk audits in the material “Procedure for conducting a desk tax audit - 2017” .

An on-site inspection is an unpleasant procedure. Despite the fact that it does not automatically mean additional charges, penalties and fines, going through it always requires at least a minimum of labor costs and nervous tension.

Can the firm do anything to reduce the risk of being targeted by tax audits? Not much, but maybe.

It is within her power to familiarize herself with the list of publicly available criteria for self-assessment of risks used by tax authorities in the process of selecting objects for conducting IRR. There are 12 such criteria, and they are given in Appendix 2 to the order of the Federal Tax Service of Russia dated May 30, 2007 No. MM-3-06/333@. Among them are low tax burden and profitability, long-term loss-making, a high share of VAT deductions, etc.

Read more about this in the article “Tax audits in 2017 - list of organizations” .

And if not everyone can cope with the situation and go beyond these criteria, then assessing the likelihood of an audit and preparing for it is quite realistic for any organization.

Risk of additional tax charges

Tax risks also include the risk of additional tax charges and payment of penalties and fines. Quite often this is caused by the refusal to deduct VAT or the deduction of income tax expenses. These points form the essence of almost the majority of disputes with inspectors.

At the same time, of all the risks we have identified, this one is more under the organization’s control. It is enough to exercise due diligence, take special care in confirming expenses and deductions, comply with other tax rules and not be afraid to defend your position in a dispute with inspectors. And the risk of additional charges can be reduced or avoided altogether.

You can find materials on any taxation issues on our website. For example, read about deductions in the material "St. 172 of the Tax Code of the Russian Federation (2017): questions and answers" , and about expenses - "St. 252 Tax Code of the Russian Federation (2017): questions and answers" .

Results

In the course of its activities, an organization faces several types of tax risks, 2 of which (the risk of unfavorable results of an on-site tax audit and the risk of additional taxes payable) it can reduce independently.

Tax risk- this is an opportunity to incur financial and other losses associated with the process and optimization of taxes.

There are several types of tax risks:

• tax control risks;
• risks of increased tax burden;
• risks of criminal prosecution.

Risks of tax control

Losses associated with this type of risk arise due to unfavorable sanctions provided for by two codes of the Russian Federation for commission by taxpayers.

The Russian Federation in articles 116-135 provides for a system of fines for various offenses.

Tax control risks significantly depend on the level of activity of the taxpayer in relation to tax minimization. For a law-abiding taxpayer, the risks of tax control are quite small and most likely boil down to the possibility of the occurrence and detection by tax authorities of random tax accounting errors. For a taxpayer who takes active steps to minimize taxes, these risks increase significantly.

Risks of increasing tax burden

These risks are typical for long-term economic projects, such as new enterprises, investments in real estate and equipment, and long-term loans. Such risks include the emergence of new taxes, increases in the rates of existing taxes, and the removal of tax benefits.

Risks of criminal prosecution

Taxpayers may also experience significant financial losses as part of criminal prosecution for committing offenses under Art. 194, 198, 199 of the Criminal Code of the Russian Federation.

For managers of the largest enterprises in our country, when conducting a serious tax audit, the formal probability of the risk of being subject to criminal proceedings is close to 100%. This is due to the fact that the criterion for the materiality of tax evasion leading to criminal prosecution is established by the Criminal Code of the Russian Federation in the amount of 100,000 rubles. For small enterprises, this indicator is probably justified; for large enterprises, this criterion seems extremely underestimated.