Transport Tax Benefits: A New Ground for Discussion

The article deals with the problem of legal regulation of obtaining a tax benefit for transport tax by various categories of taxpayers. The author provides a meaningful analysis of the legal positions of the Constitutional Court of the Russian Federation on the issues of benefits for taxpayers owning vehicles with an engine power of up to 120 horsepower. At the same time, the following circumstances are noted: firstly, the confirmation by the Court of the concept of "targeting" of tax benefits is noted, and, secondly, drawing attention to the high degree of conditionality of the division of criteria for granting tax benefits by the Transport tax Court into so-called "objective" and "subjective". As a conclusion, it is noted that there is a need for a more detailed justification by the Court of decisions on tax benefits, as well as the establishment of a list of such benefits in the Tax Code of the Russian Federation, while at the same time allowing regions to choose one or another type of benefit for their establishment in the relevant territory.

Authors

Publication Details

Journal
Taxes
Published
2024-08-01
DOI
https://doi.org/10.18572/1999-4796-2024-3-27-31
Primary Topic
Transportation Planning and Optimization
Type
article
Field-Weighted Citation Impact
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article

Transport Tax Benefits: A New Ground for Discussion

Olga I. Lyutova
Taxes
Transportation Planning and Optimization
article

Transport Tax Benefits: A New Ground for Discussion

Olga I. Lyutova
article en

Abstract

The article deals with the problem of legal regulation of obtaining a tax benefit for transport tax by various categories of taxpayers. The author provides a meaningful analysis of the legal positions of the Constitutional Court of the Russian Federation on the issues of benefits for taxpayers owning vehicles with an engine power of up to 120 horsepower. At the same time, the following circumstances are noted: firstly, the confirmation by the Court of the concept of "targeting" of tax benefits is noted, and, secondly, drawing attention to the high degree of conditionality of the division of criteria for granting tax benefits by the Transport tax Court into so-called "objective" and "subjective". As a conclusion, it is noted that there is a need for a more detailed justification by the Court of decisions on tax benefits, as well as the establishment of a list of such benefits in the Tax Code of the Russian Federation, while at the same time allowing regions to choose one or another type of benefit for their establishment in the relevant territory.

Taxes
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Transportation Planning and Optimization
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