Legal facts in tax legal relations (2016)

TABLE OF CONTENTS

Introduction 3
1. General characteristics of legal facts in tax law 5
1.1. The concept of legal facts in tax law 5
1.2. Types of legal facts in tax law 9
2. Legal regulation of the establishment and evidence of legal facts in tax legal relations 18
2.1. Legal regulation of the establishment of legal facts in tax legal relations 18
2.2. Features of proving legal facts in tax legal relations 20
2.3. Problems of specification and selection of legal facts in tax legal relations 27
Conclusion 31
References used 34

LIST OF SOURCES USED AND LITERATURE


1. Normative-legal acts and other official documents
1. The Constitution of the Russian Federation. Adopted by popular vote on December 12, 1993 (including amendments made by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of December 30, 2008 No. 6-FKZ, of December 30, 2008 No. 7-FKZ, of February 5, 2014 No. 2-FKZ, dated July 21, 2014 No. 11-FKZ) // Rossiyskaya gazeta.1993. December 25th.
2. Civil Code of the Russian Federation (Part One) of November 30, 1994 No. 51-ФЗ (as amended and added on November 28, 2015 No. 358-ФЗ) // Collected Legislation of the Russian Federation. 1994. № 32. Art. 3301.
3. Tax Code of the Russian Federation. Part One of July 31, 1998 No. 146-FZ (as amended and supplementary as of May 1, 2016 No. 134-ФЗ) // Collected Legislation of the Russian Federation. 1998. № 31. Art. 3824.
4. Tax Code of the Russian Federation. Part Two dated August 5, 2000 No. 117-FZ (as amended and additional dated May 1, 2016 No. 134-FZ) // Collected Legislation of the Russian Federation. 2000. № 32. Art. 3340.
5. Arbitration Procedure Code of the Russian Federation dated July 24, 2002 No. 95-FZ (as amended and additional dated December 30, 2015 No. 425-FZ) // Collected legislation of the Russian Federation. 2002. № 30. Art. 3012.
6. Federal Constitutional Law of the Russian Federation of April 28, 1995 No. 1-FKZ “On Arbitration Courts in the Russian Federation” (as amended and added February 15, 2016 No. 2-FCL) // Meeting of the Legislation of the Russian Federation . 1995. № 18. Art. 1589.
7. Federal Constitutional Law of the Russian Federation of December 31, 1996 No. 1-FKZ “On the Judicial System of the Russian Federation” (as amended and added on February 5, 2014 No. 4-FKZ) // Collection of the legislation of the Russian Federation. 1997. № 1. Art. one.
8. Federal Law of the Russian Federation of July 21, 1997 No. 122-ФЗ “On the state registration of rights to real estate and transactions with it” (as amended and added May 1, 2016 No. 119-ФЗ) // Meeting of the legislation of the Russian Federation. 1997. № 30. Art. 3594.
9. Federal Law of the Russian Federation of August 8, 2001 No. 129-ФЗ “On the State Registration of Legal Entities and Individual Entrepreneurs” (as amended and added on January 31, 2016 No. 7-ФЗ) // Collection of the Russian legislation Federation. 2001. No. 33 (Part I). Art. 3431.

2. Practice materials
1. Resolution of the Constitutional Court of the Russian Federation of March 13, 2008 No. 5-P “On the case of verifying the constitutionality of certain provisions of subparagraphs 1 and 2 of paragraph 1 of Article 220 of the Tax Code of the Russian Federation in connection with complaints of citizens of S.I. Anikina, N.V. Ivanova, A.V. Kozlova, V.P. Kozlova and T.N. Goat "// Meeting of the legislation of the Russian Federation. 2008. № 12. Art. 1183.
2. The decision of the Supreme Court of the Russian Federation dated March 26, 2008 No. GKPI08-334 // The document is not published. ATP ConsultantPlus.
3. Definition of the Supreme Arbitration Court of the Russian Federation No. YOU-7664/10 of June 30, 2010 // The document is not published. ATP ConsultantPlus.
4. Resolution of the Federal Antimonopoly Service of the West-Siberian District of April 24, 2003 No. Ф04 / 1758-246 / А67-2003 // Document not published. ATP ConsultantPlus.
5. Resolution of the Federal Antim