Datsenko K., Reutskova O.N., Pikiner V.V.

Oles Honchar Dnipropetrovsk National University, Ukraine

LEGAL REGULATION OF ACCOUNT AND TAX COST FORMATION OF FINISHED PRODUCTS

Due to the innovations in tax reform happening in Ukraine today, businesses have to adapt to the changes. The Tax Code of Ukraine (TCU) became the main novelty. For an accountant this regulatory update means deviation from the usual law, learning new rules. It is not easy to forget most of the requirements of tax laws that existed till 01.04.2011 and start learning how to use the new ones. Moreover, there is a question whether these changes worth such efforts.

According to the results of the research "Paying Taxes 2010", conducted by the World Bank, the tax system of Ukraine is one of the most complicated in the world. Estimated time necessary for an average Ukrainian company to calculate and pay the existing 147 taxes and fees is about 736 hours per year. So, in the rating of tax systems of the world Ukraine takes the 181st place out of 183.

According to the survey 81% of managers working in Ukraine are not satisfied with the current tax system, one of the key problems according to the absolute majority is instability and inconsistency of tax legislation [3].

The facts say about a deep crisis in the tax system of the country and correspondingly in one of its components – the system of taxation. While today scholars in the field of accounting try to find a solution of this problem, they often concentrate only on tax accounting as a technical process of collecting and providing information, not considering the question of tax policy, as they suppose it is a competence of macroeconomic science not accounting.

The problem of inefficiency of the legal regulation of tax accounting was studied by the following scientists: N. Voronetska, N. Dubcova, A. Kirsch, N. Kolomiets, A. Losev, A. Minaev, I. Motor, A. Repa, S. Locusts, S. Staritsky and others. However, a number of issues in this area are quite not studied and require further researches.

The purpose of this research is to determine the root causes of inefficiency of the legislative regulation of Ukrainian taxation, which in its turn will make further steps to eliminate them.

It is difficult not to agree with S. Locusts, indicating the need to consider the improvement of the legislation as an ongoing process, as it's impossible to create perfect legislation. But you must avoid the situation where the number of so-called "improvements" exceeds a reasonable limit and destroy the stability of tax policy [3].

There are many problems in Ukrainian Tax regulation. Finally, after several years of unsuccessful attempts, the draft Tax Code was developed and approved by MPs.

Although the volume of the adopted document is about 600 pages, the advantage of the Tax Code is that it is a single document that consolidates and replaces numerous laws and regulations that currently govern the taxation.

However, it is important to realize that the main thing is the content of the document, how clearly and unambiguously its positions are disclosed.

One of the main purposes of the TCU is to draw the tax and financial accounting together. If there used to be much criticism about inadequate tax laws and its great difference from financial one, now with the TCU we can talk about their rapprochement.

Indeed, changes in tax legislation have been significant, but today we can hardly say that due to it there are not two separate accounts which are not similar at all. The attempts of the authors of the Tax Code to coordinate it with the Accounting Standards only partially justify themselves (this can be traced analyzing the process of production costs in the financial account (according to the Provisions (standards) of Accounting 16 "Costs") and Art. 138-143 of the TCU). In tax accounting the cost of production is formed in accordance with Art. 138.8 TCU. Before enactment of the TCU a single list of costs that forms tax cost of production was not established [1].

According to the article 138.8 TCU, the cost of manufactured sold goods, work performance, rendered services consists of the costs directly connected with the production of such goods, work, services [1].

The difference between accounting and tax costs is that the tax cost does not include general production costs. It's necessary to pay attention to the fact that management accounting management often requires drawing up a complete calculation, which despite accounting component is complemented by other operating costs (including administrative, marketing, etc.). With the enactment of the TCU calculation of costs for financial, tax and management accounting will be different.

On the base of the article 14 TCU cost of sales is evaluated according to Provisions (standards) of accounting that are applied in the part that doesn't contradict the TCU. But, according to Standard 16 "manufacturing cost are evaluated by an enterprise." Besides, freedom of choice is applied only to the degree of detail specified in Standard 16 costs, as they should be included in the unit costs of production and, consequently, the cost of its parts (unfinished production). Accordingly, with the purpose of taxation there should be the actual calculation of the output and unfinished products [1; 2].

Problems arising because of the adoption of a new TCU are mostly caused by the fact that the cost of production, which was before April 1, 2011, is not included in expenses.

You should pay attention to the fact that the need for dedication production costs separate article of the TCU is not casual. This need arose because of the changes in the ways of calculation of taxable enterprises. Under the new rules of the TCU, pre-tax profit is calculated as the amount of revenue according to the article 135-137 TCU [1].

Thus, we can come to the following conclusion. It should be noted that the new requirements of tax legislation process of production costs are clearly defined, but still consistent with the accounting. Formation of product cost in account and tax accounting are greatly different according to the Law of Ukraine "On Corporate Income Tax." Obviously, the TCU brought nearer the order of formation of the account and tax costs. So, as a result of this study we have concluded that before the TCU adoption there was a significant problem in the tax legislation in the part of cost formation.

Literature:

1. The Tax Code of Ukraine [Electronic resource]. – Mode of access: http://www.zakon.rada.gov.ua;

2. Regulation (Standard) of accounting 16 "Costs" [Electronic resource]. – Mode of access: http://www.zakon.rada.gov.ua;

3. Tax R. Spivak system of Ukraine: [Electric resource]. – Mode of access http://www.appletonmayer.com.