Tax optimization: schemes and methods. Legal tax optimization

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

From an economic point of view, reducing the company's expenses, including tax liabilities, is considered justified. It is assumed that the savings will go to business development. In any case, the development and implementation of rational taxation systems require a professional approach.

How to optimize corporate and individual entrepreneur taxes?

Laws tend to change regularly. New regulations and standards are being introduced, old ones are being amended. In addition, supervisory and regulatory authorities are competent to change the legal assessment of certain optimization methods. All these factors give rise to the need to constantly be aware of the latest changes in legislation and make adjustments to the company's taxation system as necessary.

All measures and procedures carried out as part of the rational distribution of funds are based on Article 3, Clause 7 of the Tax Code of the Russian Federation. This article declares that issues and provisions that are not reflected in the Tax Code of the Russian Federation, when used in practice, should be interpreted in favor of the subjectsbusiness activities.

Criteria

Attempts to find a rational approach can be carried out in two ways: minimizing costs and optimizing taxes. Although these concepts are close to each other in purpose, in fact the meanings are different. Minimizing payments can bring good results in terms of the company. But it is sometimes very difficult to implement it.

Tax optimization methods can be developed by the company's specialists or already known solutions can be applied. In any case, the finished solution must meet several strict requirements. This is the following:

• Legality. Implemented methods and techniques must be strictly within the law. In addition, they must not directly or indirectly conflict with applicable laws.
• Efficiency. How much money can tax optimization save an organization? Ideally, this amount should be known in advance and be a target for implementing best practices.
• Autonomy. Do you need outside help? Does not the introduction of new methods of attracting the services of expensive specialists every time? If the company itself is able to continue working according to the chosen method, then one criterion is considered to be met.
• Reliability. Will tax optimization fail at the slightest change in legislation? Does the state plan to change the laws in the near future, under which the implemented method loses its relevance? Typically, financial managers should know the answer to these questions.
• Minimum harm. Will the new methods lead to lower performance in other aspects of the company? Will production processes or personnel be affected? If tax optimization takes into account this criterion, then this is one more step towards its justification.
• Productivity. How will the new method affect profit margins? All methods that reduce the level of profitability of the company should be avoided, since every step towards reduction is a step towards bankruptcy.

Most companies tend to use the classic method - reduced profit margins. After all, profit is the tax base. But such a method is justified if the savings are poured back into the enterprise itself for its future prosperity. If not, it is difficult to assess the level of savings and the feasibility of the applied methods.

Ways

Specialists in the field of taxation, fiscal policy, tax authorities and, above all, experienced accountants are well aware that, despite the efforts of the state, the current legislation is not able to cover all aspects of taxation. Accordingly, there are a lot of moments and circumstances that can be interpreted in two ways or do not fit the description of any law at all. Often, tax optimization in large enterprises arises on such “convenient” grounds.

Measures to develop rational approaches can be implemented in two ways:

1. Planning taxation systems. Compiledsimilar to planning other aspects of the company's activities: strategic or marketing planning. It is a list and set of actions and measures aimed at obtaining specific results. As a rule, all available methods and means that do not contradict legislative norms can be used here.
2. Tax avoidance. And legally. In practice, few entrepreneurs pay attention to such an aspect as the possibility of avoiding taxes legally. By default, it is believed that there can be no truth, except for that which is carried by representatives of the fiscal authorities.

However, it should be borne in mind that the activities of the fiscal authorities are aimed at increasing the company's tax indicators, while their reduction is not prohibited by law. The method of tax planning just deals with this issue. Another question is how does he do it? Tax optimization schemes are carried out by searching for flaws, controversial issues and contradictions in the legislation.

Timing

Any action of the enterprise should be limited to certain time periods. Firstly, it allows you to measure specific results, and secondly, it makes it possible to analyze the feasibility of the methods used and to have time to abandon inappropriate methods of work.

From this point of view, legitimate tax optimization can be both current and forward-looking. According to experts, the best results are provided when the enterprise appliesseveral different methods combined. For example, if you managed to achieve certain benefits, then in parallel you should strive to increase sales figures and at the same time reduce costs for secondary items.

In addition, planning should take into account the amount of indirect and direct taxes. Calculations are made not only for new transactions, but for all types of transactions during the activity.

Views

To achieve noticeable effects, measures must be internal and external. External methods concern the fundamental parameters of the subject. For example:

• Tax payments can be reduced by changing the form of ownership. It is necessary to analyze and compare, in the current type of activity, what advantages legal entities have and what shines for individual entrepreneurs. There are always ways in which you can fit into one or another separate status and get special indulgences.
• Change of activity. Types of taxes apply to business entities by type of their activity. For example, whether a business entity will pay UTII or not depends on its type of activity. It makes sense to take a closer look at changing the type of activity, in which the use of the simplified taxation system (STS) in the amount of 6 or 15%, as well as UTII, will be relevant.
• Replacement of territorial affiliation. Does everyone know that in the Russian Federation any federal laws can be adapted to the territorial requirements? In other words, local authorities have the right to makechanges in the procedure for calculating taxes and apply them in practice. Even if the general rules remain the same, the rates for certain taxes may differ significantly. For example, rates on some UTII coefficients.

Replacement means registration of a business entity in another region, where rates for this type of activity are lower or benefits are provided.

Internal planning

Rationalization of internal processes includes different components of activity. There are no clear criteria for their classification. Therefore, it is customary to divide them into general and special methods.

General tax optimization risks are implemented using the following measures:

• Using benefits. With this method, the possibility of separating a part of the taxable object as a separate entity that can be exempted for certain types of taxes (property tax) or the possibility of tax deferral is considered.
• Analysis of the contract scheme, which considers the possibility of conducting one transaction in different ways, dividing it into several transactions of small volume.
• Optimization of accounting policy. This default procedure should be carried out at least once a year in every facility.
• The use of current assets, which imply an accelerated depreciation method or the rediscount of fixed assets. The result will be the optimization of the tax on profits or on the property of the enterprise.

In addition, special methods are used toin which payments are deferred, contractual relationships are replaced, or principal assets are reduced. These methods can be applied singly or in combination.

Nuances

However, it cannot be said that the above methods are guaranteed to give the desired result. When considering a change in the type of activity or territory of registration, one should study not only benefits and incentives, but also obligations for business entities.

If the financial manager loses sight of this or that moment, the whole result of the work can even greatly worsen the financial results of the company. The proof of an unsuccessful decision is the increase in the tax burden. A good option is an offshore zone, where the tax burden is minimized.

Steps

The executors of the rationalization of tax systems in an organization can be its own employees in the person of an accountant, lawyer and other specialists in the relevant field. If there is not enough own strength and knowledge, then the management can turn to a consulting company. They work on the basis of a contract and, for a fee, will help reduce tax payments or other types of costs.

The implementation of the developed methods is carried out in several stages.

1. Choosing a location for a future enterprise. The following factors should be taken into account: the system of taxation in the chosen area; the possibility of tax benefits; is it possible to get tax credits; how is the transfer of the tax system to another region, if it will benecessary, etc.
2. Creating an enterprise. Registration in the optimal form of ownership.
3. Analysis of the current tax system.
4. Search and consider all options for tax incentives: what is the tax burden and how can it be reduced?
5. Analysis of typical company transactions in terms of taxation and ways to minimize their costs.
6. Rational distribution of assets, investment under favorable conditions.

A rational approach to VAT

VAT can be optimized in several ways:

• Purchase of goods or raw materials on credit. Upon signing the main transaction, the parties draw up an annex to it - an agreement on netting. The tax authorities may interpret such a move as an illegal method.
• Introduction of a specific amount in the form of a deposit. The basis must be an appropriate contract. Such transactions are not subject to VAT.
• Use the services of logistics and transport companies. With this method, VAT is reduced by 10%.
• Buy options. They can be sold in the future. Proceeds from their sale are exempt from VAT.
• Sale of own property in order to repay debt obligations to creditors. True, the proceeds are not exempt from VAT. But if you create an additional enterprise and contribute the proceeds to it as an authorized capital, then the new enterprise will be exempt from VAT.

When choosing schemes with VAT, you need to carefully conduct a legal assessment. In the field of taxation, there are often schemes to reduce or attempt to exempt part of the funds from VAT,but some of them may go beyond the law. In this case, punishment cannot be avoided.

Income tax rationalization

There are several methods that are widely used in practice. The first scheme involves the creation of reserve funds with the involvement of third-party resources. Then the funds are written off for the early restoration of property. Expenses can be paid monthly or quarterly. The company determines the amount of funds raised independently. This optimization method will be legal only for those companies that have been operating for more than 3 years. This is due to the fact that the estimate of repairs should not exceed the total figures for the last 3 years.

Another example of income tax optimization is the introduction of depreciation premiums. To do this, it is necessary to purchase new property and write off their value as a replacement for the old ones. This method, depending on the type of property replaced, makes it possible to reduce the basic part of the profit from 10 to 30%. It is important to consider that such an outcome is possible only when buying a new property. The exception is the types of property transferred for free use.

Legal assessment of methods

Attempts to reduce the tax burden should not go beyond what is permitted and acquire the character of tax evasion. From this point of view, black and white tax optimization stands out. The first method involves the use of schemes and fraud, which will subsequently lead to at least administrative responsibility. But a typical measure for such cases is the initiation of a criminalcases at the initiative of the tax authorities. A common example of such methods is the creation of short-term enterprises or one-day firms.

But if an enterprise really feels the need to reduce tax expenses, then specialists from this area should be involved in the optimization process. An experienced accountant and a lawyer competent in tax matters will help you choose the most optimal ways in which the regulatory authorities, even if they understand the optimization scheme, will not be able to detect violations.

Conclusion

An uninformed person can easily confuse the optimization system with tax evasion, although, in fact, these are completely different things. Tax cuts within the framework of the law do not go unnoticed, especially targeted methods are used. To obtain significant results, it is necessary to take a comprehensive approach, analyzing the current state of the enterprise and forecasts for the future.

Often, a decrease in some indicators in accounting leads to an increase in other indicators. Given such features, an integrated approach and the experience of competent specialists are required.