Taxation under the Diia City legal regime: is a special tax regime?
Year: 2024
Type: article
Abstract: The relevance of the article is due to the study of theoretical and practical problems of creating separate conditions of taxation within the Diia City legal regime and the continuation of the study of tax regimes. The purpose of the article is to analyze the provisions of the tax legislation regulating the specifics of taxation within the Diia City legal regime with a view of establishing a special tax regime (regimes). The author analyzes the provisions of tax legislation that define the peculiarities of taxation of Diia City residents and Diya City specialists. It has been established that the conditions of taxation under the Diia City legal regime provide for the possibility of applying a corporate income tax rate of 9% to a separately defined tax base. Taxation has been shifted to operations aimed at a capital gains which is a capital gains tax. For this the provisions of Section 3 "Corporate income tax" were changed, but not the provisions of Section 14 "Special tax regimes" of the Tax Code. It turns out that the legal regime of Diia City also provides for a different procedure for taxation. Taxation conditions of resident specialists are fixed in Section 4 "Income Tax of Individuals" of the Tax Code. According to the requirements of Tax Code Diia City resident specialists cannot be subject to the special tax regime. Established that there is no characteristics of the special legal regime, except for the possibility of establishing it for business entities. It appears that the formal criteria do not allow to classify the taxation procedure within the Diia City legal regime as a special tax regime. The content of the specifics of taxation within the Diia City legal regime indicates precisely the special regime of taxation.
Source: Problems of Legality
Author: Artem Kotenko
Institution: Yaroslav Mudryi National Law University
Language: English
Topic: Taxation and Legal Issues
Subfield: Accounting
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4405861317