Diagnosis of formation and use of company profits and manager’s responsibility for infringement of tax legislation

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DIAGNOSIS OF FORMATION AND USE OF COMPANY PROFITS AND MANAGER'S RESPONSIBILITY FOR INFRINGEMENT OF TAX LEGISLATION

Ouaba A.E., Ryabik A.E.

Oles Honchar Dnipro National University (Ukraine)

Under present-day conditions, the basis for high-quality and effective strategy for enterprise development is their high level use and profit generation in conditions of effective tax regulation to balance the interests of the State, as well as resulting from economic reforms in Ukraine.

According to E. Y. Tkachenko, the profit of an enterprise is realized when the amount of revenue gained from a business activity exceeds the expenses, costs and taxes. It is a single form of own savings and one of the key indicators of business operation, which is part of the coming money for the company when selling products, excluding tax payments and other costs incurred in the production and sales of products. Also, profit is defined as the main source of all forms of investment in the financial business, scientific and technological progress in its facilities and products. The activity of the enterprise aims to increase profits, because it is of great importance in the operation. According to A.R. Krivitskaya, the profits of an enterprise is determined by multiple positions, particularly in terms of: social, economic and financial relations. Labour Studies S. A. Sharmanskoj provide an opportunity to say that the main features of company profits is showing a financial result by an enterprise using capital, implementation of budgetary and extra-budgetary funds to meet the needs of society as a source of formation, keeping in itself fees for activities in situations of uncertainty and risk; determining the level of competitiveness of the enterprise; ensuring the development of the enterprise as well as its income.

As for the formation of the profit of the enterprise, it is essentially formed in the process of implementation of the operational and financial investment activities [1]. Thus, the forming of company profits is a continuous process that includes a set of appropriate actions to ensure the coherence between the income and expenditures of the enterprise to obtain a positive balance though the use of various technologies and resources as well as the application of methods and technologies for managing them [3]. Taking into account the above mentioned, I. P. Sklyaruk argues that the emergence of profit depends on techno-logical and production processes at the plant, including the norms of technological process cycle times and the specifics of production operations. To date, the key factors of the formation of the profit of the Enterprise Act [2]: the volume of production; the price of raw materials; price of products sold, the level and structure of expenditure. On the profits of the enterprise, as shown by the analysis of functioning (activities) of the enterprises listed in scientific work [4], the level of efficiency in the use of profit depends on the commodity enterprise strategy, which characterizes the establishment of certain strategic zones, i. e. the market share of the enterprise that is capable of exceeding the effect of marginal profit over costs. In addition, A. A. Zinchenko argues that the main directions of using profit (net) venture is [7]: reconstruction, modernization or technical re-equipment of production that is its own development; consumption of the owners of enterprises, aimed at increasing the Social Development Fund and the Fund of material incentives. It should also be noted that the main features of the process of formation and use of  a company profits, today [2]: are setting the values of income and expenses, according to certain types of activity of the enterprise such as investment, operation, finances or emergency; formation of the production cost of the company for marketing and sales, administrative or other expenses which are not related to cost of production; setting total cost of the undertaking; the definition of a particular method of accounting individual objects of activity of the enterprise; the existence of the right to deduct the cost of certain assets on the financial result in the event of inappropriate exploitation condition.

At the same time, based on the analysis of literature sources [1-10] and the current practice of the functioning of enterprises, it is determined that the responsibility of the manager of the enterprise for violation of tax legislation is regulated by the norms of the Tax code (NKU) [8], the Administrative Code [9] and the Criminal Code [10]. If the manager of an enterprise violates laws relating to taxation and other legislation, then he will be applied to legal, financial, administrative and criminal liability.  Following to that, Macelik N. A. [11] in his studies proves that the application of administrative responsibility for tax evasion is more effective than use of criminal responsibility, because it allows in the future to reduce the level of delinquency through reaching the execution of obligations of citizens in accordance with the legislation in the field of taxation. However, the analysis of the legislative framework in the field of taxation, conducted by A. V. Rozdajbida, as well as the studies of practices (functioning) tax authorities of Ukraine prove that today there are gaps in the legislation, under which offenders avoid responsibility for infringement of tax legislation. In particular, such items are: income tax evasion actors through the conclusion of contracts of insurance business (financial) risks; evasion of income tax by raising the gross expenditure, land tax evasion by not registering the land.

So, qualitatively new level of development and the formation of the vision for the enterprise depends on solving the problems of tax regulation in the context of economic reforms in Ukraine. It is shown that he main business indicators system of diagnostics of formation and costs of the enterprise are: the level of profitability of the enterprise; the level of competitiveness of the enterprise and the enterprise; the level of financial independence and solvency of the company. Also found that as a result of violation of tax legislation of Ukraine, the manager of the enterprise can be applied to legal liability.

tax legislation ukraine

The list of references

1. Tkachenko E. Y. Management business process engineering: Katege. Dees. on receipt of the sciences the degree Cand. Econ. Science: special. 08.06.01 economy, organization and management of enterprises / E. Y. Tkachenko. - Zaporozhye, 2006. - 20 р.

2. Shirjagina A. Е. formation and use of profit of enterprises: katege. Dees. on receipt of the sciences. the degree Cand. Econ. Science: special. 08.00.08 Money, finance and credit / А. Е. Shirjagina. - Kiev, 2007. - 18 р.

3. Krivitskaya A. profit Formation in market conditions: Katege. Dees. on receipt of the sciences. The degree Cand. Econ. Science: special. 08.00.08 Money, finance and credit / A. Krivitskaya. - Ternopil, 2010. - 20 р.

4. Sharmans'ka S. А. Profit and peculiarities of its formation and use a transit economy: Katege. Dees. on receipt of the sciences. the degree Cand. Econ. Science: special. 08.00.01 economic theory and history of economic thought / S. А. Sharmans'ka. - Kiev, 2010. - 22 р.

5. Sklyaruk I. Р. accounting and analysis of the formation and use of profit of the enterprises (for example, brewing industry): katege. Dees. on receipt of the sciences. the degree Cand. Econ. Science: special. 08.00.09 accounting, analysis and audit (by economic activity) / I. Р. Sklyaruk. - Kiev, 2013. - 20 р.

6. Sidjaga B. V. problems of formation and use of profit businesses / B. V. Sidjaga, V. А. Onis'kov // Herald of the Chernivtsi trade-economic Institute. Economic science. - 2014. - ISS 3. - Р. 144-152.

7. Zinchenko A. A. indicators and benchmarks of quality of business profits at the stage of its use / А. А. Zinchenko // actual problems of economics. - 2009. - No. 7 (97). - Р. 106-111.

8. The tax code of Ukraine of December 2, 2010 No. 2755-VI [Електронний ресурс]. - Режим доступу : http://zakon3.rada.gov.ua/laws/show/2755-17

9. The code of Ukraine on administrative offences from December 7, 1984 # 8073-x [Електронний ресурс]. - Режим доступу : http://zakon5.rada.gov.ua/laws/show/80731-10

10. The Criminal Code of Ukraine of April 5, 2001 No. 2341-III [Електронний ресурс]. - Режим доступу : http://zakon4.rada.gov.ua/laws/show/2341-14

11. Macelik N. A. administrative responsibility for evading taxation: Katege. DIS. for the sciences. the degree Cand. legal. Science: special.

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