ESSENCE AND PURPOSE OF MECHANISMS OF DEFERRAL AND INSTALLMENT OF MONETARY OBLIGATIONS OR TAX DEBT OF THE TAXPAYER

Abstract

The article deals with defining the purpose and nature of delay and deferral mechanisms of monetary obligations or tax debt of the taxpayer. Installment and deferred the obligation to pay tax is an effective instrument for the coordination of interests of the payer and the supervisory authority. Instead of initiating supervisory authority of bankruptcy proceedings and subsequent suspension payer, ie actual losses entity that generates revenue of the state and local budgets, it is possible to reach agreement on postponement of payment of tax liability or tax debt maturity in the case of the latter, formalized agreement between the entities. The use of contractual structures for tax regulation is an exception, so often in practice there are difficulties with this requiring a comprehensive study. We consider the subject composition relations on installment and installment tax payments and similar legal content of their other relationships – credit, loans and more. Emphasis is on a different subject composition of these kinds of relationships, indicate the distinctive features of execution of relevant agreements, attention to current issues of their conclusion. The analysis of the essence of the mechanism of installment and deferred cash commitments or tax debt of the taxpayer was found a number of fundamental points. First, the use of this mechanism is the right of a payer, not its duty. Secondly, this mechanism is implemented using well-defined tax law procedures, which provide a special procedure for obtaining this right. Thirdly, the controlling body has a dual relationship status on deferral and installment tax liability or tax debt. On the one hand it is a party to the agreement for deferment or installments, the other – it does not get the funds that are the subject of the contract. From these positions is inappropriate to characterize the relationship as a form of credit relations. Fourth, the deferred tax liability is paid only on payment of interest at penalties, but it is not the use of security measures such as penalty. In this case only apply penalties of common principles of Interest to the liability. Finally, fifth, mechanism of installment and deferred cash commitments or tax debt of the taxpayer is an effective way to prevent the bankruptcy of the payer in case of objective obstacles to the realization of their tax obligations.