On the defi nition of criteria for distinguishing between legal and illegal methods of tax optimization

Authors

  • L. A. Lushina National Research University «Higher School of Economics»
  • A. S. Loginova National Research University «Higher School of Economics»

DOI:

https://doi.org/10.17308/law/1995-5502/2022/2/260-276

Keywords:

taxes, tax optimization, minimization of tax liabilities, business fragmentation, formally legitimate organizations

Abstract

The article considers formally legal and illegal ways to minimize tax liabilities. A number of essential criteria have been identifi ed to distinguish between the methods of legitimate tax optimization and the actions of taxpayers to use its clearly illegal methods. The author's concept of tax optimization is given and the criteria for legal and illegal business splitting are systematized.

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Author Biographies

  • L. A. Lushina, National Research University «Higher School of Economics»

    Candidate of Legal Sciences, Associate Professor of the Civil Law and Civil Process Department

  • A. S. Loginova, National Research University «Higher School of Economics»

    Candidate of Legal Sciences, Associate Professor of the Constitutional and Administrative Law Department

References

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Published

2022-08-15

Issue

Section

Financial Law. Tax Law