5.2. Determination of the market value of AMTS
comparative approach using market
evaluation method
5.2.1. The market value of the appraisal object is understood as the most probable price at which this appraisal object can be sold (alienated) on the open market in a competitive environment, when the parties to the transaction act reasonably, having all the necessary information, and any extraordinary events are not reflected in the value of the transaction price. circumstances, i.e. when:
One of the parties to the transaction is not obliged to sell the appraisal object, and the other - to acquire it;
The parties to the transaction are well aware of the subject of the transaction and act in their own interests;
The object of the transaction is presented on the open market in the form of a public offer, from which the will of the person making the offer is seen to conclude an agreement on the conditions specified in the offer;
The price of the transaction is a reasonable remuneration for the object of evaluation and coercion to complete the transaction in relation to the parties to the transaction from anyone's side;
The payment for the appraisal object is expressed in cash.
5.2.2. The comparative approach is based on the analysis of supply and demand prices for AMTS, which are currently prevailing in the primary or secondary market. The assessment is made by determining the average offer price for AMTS, similar to the one being assessed, and then adjusting it.
5.2.3. The market value (purchase cost) of ATE depends on various factors: consumer properties of ATE, availability of a manufacturer's representative in the region, availability of a maintenance network for this brand of ATE, price level for spare parts, maintenance and repair of ATE of this brand; brand prestige, market conditions; geographical location and general economic situation in the region, etc.
5.2.4. The calculation of the cost of used AMTS as of the valuation date within the framework of the comparative approach using the market method is carried out according to a certain scheme:
5.2.5. Initial information for determining the market price of AMTS can be obtained by an expert from the following sources:
Information from regional periodic reference publications on prices for new and used ATEs;
Data of organizations selling used AMTS;
Thematic sites of the Internet, displaying information about the market of the region in which the price of AMTS is determined;
Reports on the results of the study of the regional market for used ATEs, periodically compiled by the expert (experts), which fix the prices requested by sellers (offer price) for specific ATEs, and provide a brief description of the ATEs sold (brand, model, release date, mileage, type and engine characteristics, equipment, general technical condition).
5.2.6. When evaluating AMTS on a date different from the date of the incident, in some cases it is necessary to take into account the service life on the date of the incident, and not the year of manufacture. For example: the year of manufacture of AMTS is 2003, the accident occurred in 2006, the assessment is made in 2007. In this case, it is necessary to evaluate AMTS not made in 2003, but a 3-year-old AMTS, since at the time of the accident it was 3 years old, t .e. AMTS 2004 release.
5.2.7. Offers for the sale of used ATEs are assessed by an expert for suitability for calculating the average offer price. The suitability assessment is carried out in the following sequence:
A) the average offer price is determined by the formula:
[rubles], (5.1)
Where - the offer price of the i-th ATE, rub.; i - number of offers, .
When determining the approximate average offer price, it is unacceptable to use prices for ATEs that obviously differ in condition and configuration from the considered (average) option;
B) the spread of offer prices relative to the calculated above average value is estimated. The spread should not exceed 20%:
C) if the deviation of the i-th proposal exceeds 20%, this proposal is excluded from the sample.
5.2.8. The final calculation of the average offer price is made taking into account a sample consisting of offers, the deviation of which from the approximate average price does not exceed 20%, according to the formula:
[rubles], (5.3)
Where - the offer price of the i-th ATE that satisfies the condition of clause 5.2.7, rubles; - the number of proposals that meet the condition of clause 5.2.7, .
5.2.9. The calculated average offer price is the reference price in this method. The average bid price must be adjusted if the purchase is subject to bargaining, since the average purchase price as a result of bidding, as a rule, is equal to the average bid price (without adjustment for the condition, mileage and completeness of the ATE).
Question 27
The essence of the approach: through a system of adjustments, the prices of offers of all objects of comparison are reduced to the price of the object of assessment.
As objects of comparison, objects are used that are similar to the property being valued in terms of age, condition, technical characteristics, equipment, and other parameters;
Comparative approach is used to calculate non-unique property;
The comparative approach is applied to the valuation of old equipment, the secondary market of which is quite developed;
As a rule, the most indicative result for the bank is the result obtained within the framework of the Comparative Approach;
A sufficient number of comparison objects, information about which is used in the calculations, is 3-5.
Comparative Approach Algorithm
Collection of market data and selection of analogous objects (price and technical information);
Analysis and verification of information;
Selection of comparison elements (pricing factors);
Calculation of the value of the property being valued based on adjustments to sales prices.
Selection criteria for analogues
Full similarity in terms of functionality (type, genus, class, brand, model of equipment);
Similarity in technical characteristics (parametric indicators);
Similar or close in age.
Analysis of price information
The nature of the price by source of origin (offer price, transaction price);
Date or time of the transaction;
Currency unit;
Place of sale (region of Russia);
Year of release of the object-analogue;
Technical information (technical parameters, equipment);
The presence or absence of VAT in the price;
The presence in the price of transport or other costs of the seller.
Making adjustments
Successive adjustments:
Scope of rights (property, rent, leasing);
Conditions for financing the transaction (100% payment, advance payment, in installments, provision of a loan);
Conditions (type) of the transaction (market, closed, speculative, investment);
Adjustment for the closing of the transaction - an adjustment for bargaining;
Customs payments.
Making adjustments
Independent adjustments:
Age (physical deterioration of equipment);
Parametric adjustments (productivity, power, length of the workpiece);
Complete set (presence/absence of additional components, components, parts)
Location.
Making adjustments
Expert method (unreasonable expert adjustments, as a rule, should be no more than 20-30%)
Calculation of adjustments by pair sales (preferred as it is based on market data)
Qualitative Analysis
Elements of correlation and regression analysis
!!! Some banks have requirements on the size of absolute gross adjustments, the maximum value of which, as a rule, cannot be higher than 30%)!!!
Depreciation adjustment calculation
where K FI - adjustment for physical wear and tear;
FI OO - physical wear of the object of assessment;
FI OA - physical wear of the object of assessment.
Calculation of parametric adjustments
where, C oo- the price of the object of assessment, adjusted by the amendment;
C en- the price of the analogue object;
X, X en- the value of the parameter for the evaluated object and for the analogue object, respectively;
n- an exponent that takes into account the strength of the influence of the X parameter on the price, called the braking coefficient (Chilton coefficient).
Calculation of the Chilton coefficient
where n is the Chilton coefficient;
C 1 , C 2 - prices of objects-analogues;
X 1 , X 2 - parameters of analogous objects
METHODS
A comparative approach to estimating the cost of machinery, equipment and vehicles is implemented in the following methods:
1) price indices, or indexing by the time factor;
2) direct comparison with an identical object;
3) direct comparison with a similar object;
4) direct comparison with similar objects with the introduction of targeted qualitative adjustments;
5) calculation by specific indicators and correlation models.
The method of price indices (indexing by the time factor).
Currently, it is used exclusively as an auxiliary for accounting for inflation (both in the Russian Federation and abroad, when assessing imported equipment and for bringing analogues and the object of assessment to the date of determining the cost).
The essence of the method is simple. The cost (it is more correct to say “offer price”) of an object on a certain date is known. It is necessary to recalculate the cost of the object (offer price) on a given date for determining the cost (valuation date). The length of time between the date when the cost was fixed and the date of assessment is measured by the number of months, then the adjusted price of the object on the date of assessment C: C C p *I p / 0 where, C n - the price of the object in the base (zero) month; I n/0 - corrective index for the n-th month in relation to the 0-th month; n is the indexation period expressed in number of months.
An identical object is an object of the same model (modification) as the object being evaluated, it does not have any differences from the object being evaluated in terms of design, equipment, parameters and materials used.
The offer price of an identical object serves as the basis for determining the value of the object being valued through the application of so-called "economic" (as opposed to technical) adjustments. In a number of sources, economic adjustments are called commercial.
"Economic" adjustments in terms of their content can be divided into three groups:
First group . Adjustments that eliminate atypical conditions of sale (faster delivery times, deviation from the normal warranty period, availability of price discounts for various reasons, non-standard equipment, availability of surcharges for special delivery conditions and additional services, prolonged storage of equipment and others).
Second group . Adjustment for VAT and other imputed taxes.
Third group . Adjustment for the time factor.
Adjustments of the second and third groups are almost always performed, adjustments of the first group - selectively, taking into account their certainty and significance.
"Economic" adjustments (as well as others) can be both multiplicative (introduced by coefficients) and additive (introduced by absolute amendments). The sequence of their introduction is recommended to be performed in sequence: it is recommended to make additive adjustments after multiplicative ones. At the same time, care must be taken to ensure that the amendment being made is consistent with previous adjustments in terms of the time factor. The sequence of adjustments to the price of an identical object is usually presented in tabular form, which makes the calculation clear and conclusive.
Method of direct comparison with analogue
If an identical object, in comparison with the object being evaluated, has only cost differences, which, as shown above, carry out only “economic” adjustments, then the analogue object, in comparison with the object being evaluated, along with cost differences, has differences in the values of the main operational ones, therefore , and pricing parameters.
Therefore, in addition to "economic" adjustments, adjustments are made for parametric differences.
You can choose one close analogue or several analogues for which prices are known.
The central place in this method is occupied by price analysis, on the basis of which the values of adjustments to the prices of the analogue (s) are obtained. Adjustments for parametric difference are also divided into two types: multiplicative and additive.
The method of specific economic indicators using the "linear braking coefficient" - a linear model.
Corrective adjustment is carried out by making an absolute adjustment to the price as follows: Ccor = C + P = C + b (X - X en), where: Ccor - the price adjusted by the amendment; C - initial price; P - absolute correction to the price of the analogue; b - "price" of the parameter unit, i.e. a value showing how many monetary units the price will change when the parameter changes per unit of its measurement; X, X an - parameter values for the evaluated object and for the analogue, respectively.
The "price" of a parameter unit can be determined in one of two ways:
1) by the method of "two points";
2) by constructing a linear correlation equation.
The “two points” method consists in finding two similar objects that differ only in the value of this parameter, all other parameters for these objects must be the same. The “price” of a parameter unit is found by the formula: B = (C 1 -C 2) / (X 1 -X 2), where C 1 and C 2 are the prices of the first and second objects, respectively; X 1 and X 2 - parameter values for the first and second objects, respectively.
The "parameter-price" method using a power-law coefficient (price deceleration coefficient) is a power-law model.
Correction is performed by a multiplicative correction according to the formula: Ccor C*Kcor, where Kcor is a correction factor determined by the formula: Kcor = ((Х)/(Х an)) y where y is the “price deceleration” coefficient.
First, "commercial" adjustments are made in order to bring the price of the analogue to the conditions of valuation. If it is not possible to find two objects that differ only in the value of this parameter, then the method of constructing a correlation equation is used. A sample of similar objects is made and a correlation equation of the power type C = a * X * b is built on it. The parameter b in this equation is the braking coefficient of interest to us.
Coefficient (multiplicative) adjustments are applied to take into account differences in the main parameters. Additive adjustments are made after the introduction of multiplicative ones and are applied to take into account the influence of secondary (less significant) indicators.
Method of Directed Qualitative Adjustments
This method is used in the case of an assessment, when it becomes necessary to make several adjustments for the difference in parameters or characteristics, and their “prices” are difficult or almost impossible to determine due to lack of information.
In this case, only the direction of the impact of the adjustment on the cost is determined, subdividing all adjustments into two types: increasing and decreasing the cost (price).
The method can be applied when at least two analogues can be selected for the object being evaluated. Moreover, the object being evaluated in terms of its technical parameters and characteristics, and, consequently, in terms of cost, occupies an intermediate position between the two analogues.
As a result of the comparison, the analog receives a certain number of both up and down adjustments. The adjustments are assumed to be of approximately equal weight in terms of their impact on value. This means that each analog has one up-adjustment and one down-adjustment completely cancel each other out. We will call an active adjustment such an adjustment that has not been neutralized by an adjustment in the opposite direction.
An analog whose number of up-adjustments exceeds the number of down-adjustments sets the lower price - the lower analog. The number of active upward adjustments for this analogue is equal to the difference between the number of its upward and downward adjustments.
An analogue in which the number of down adjustments exceeds the number of up adjustments is the upper analogue. He sets the top price. The number of effective down adjustments for this analogue is equal to the difference between the number of its down and up adjustments.
The desired value of the object being evaluated lies in the interval between the lower and upper prices, and its position is determined by the number of effective upward adjustments of the lower analogue and the number of downward adjustments of the upper analogue: -) * N n- where C N, C B - the lower and upper prices, respectively; N in + - the number of effective downward adjustments of the upper analogue; N n- - the number of effective upward adjustments of the lower analogue.
If the number of analogues is more than two, then the cost of the object is set in several intervals, and then the average value is calculated. In this case, two cases are possible:
1) one lower analog and several upper analogs;
2) one upper analog and several lower analogs.
In the first case, all intervals with the same lower analog are considered, in the second case, on the contrary, all intervals with the same upper analog are considered. Based on the obtained cost values in each interval, the average value is calculated, which is taken as the final result.
This method allows you to evaluate the cost of a unit of equipment with a minimum amount of initial information, and it can be especially useful when the differences between the object being evaluated and analogues are manifested not only in the values of technical parameters, but also in discrete characteristics.
A variation on the above method is weighted directional adjustment method , at which the number of valid adjustments is calculated taking into account the weight of each adjustment. For each directional adjustment, a weighting factor is indicated. The scale of weight factors can contain any number of gradations at the discretion of the experts. The simplest approach is to subdivide the adjustments into strong, medium, and weak, and assign weights of 3, 2, and 1, respectively. Thus, one strong correction is, as it were, equivalent to three weak ones, and one medium correction is equivalent to two weak ones. In this case, the weight factor for correction is selected by the expert based on the strength of the parameter's influence on the cost (price) and the degree of difference in the values of this parameter for the compared objects. The subsequent calculation of the number of valid adjustments is performed with 61 weight factors taken into account. All subsequent transactions are the same as in the normal method of directional adjustments.
Calculation method based on correlation models and specific indicators
This method is convenient to use when it is necessary to evaluate a sufficiently large set of objects of the same type that differ in the values of individual parameters. Each of these objects is considered as a representative of some family of machines of the same class or type. It is assumed that for machines of this class there is a natural relationship between the price (cost), on the one hand, and the main technical and functional parameters, on the other hand. Therefore, the task is reduced to describing this relationship mathematically and then applying the resulting mathematical model to evaluate all objects included in the set of objects of the same class.
First, a sample of objects of a certain class (type, group) is completed, for which the main parameters and prices are known. Further, prices should be brought to uniform conditions with the introduction of appropriate "commercial" adjustments. Then, using the methods of the theory of correlation-regression analysis, a correlation model is developed for the dependence of the price on one or more main parameters.
Of great importance is the choice of the composition of the parameters. Of the many parameters that characterize machines, equipment and vehicles, those that give an idea of the usefulness of the property being valued for the buyer are selected. At the same time, they are guided by the principle of utility. With a change in these parameters, the degree of utility of the object changes, and, consequently, its cost.
As influencing parameters, they choose both functionally determined parameters (the largest dimensions of workpieces - for machine tools, load capacity - for trucks and lifts, power - for power machines, etc.) and quality parameters (performance and reliability - for technological machines, accuracy processing - for machine tools, speed and maneuverability - for vehicles, etc.).
It is natural to try to include as many parameters as possible in the correlation model. However, there are objective limitations in this regard, caused, firstly, by small sample sizes and, secondly, by the presence of multicollinearity, i.e. relationships between the parameters themselves.
Almost rarely, the number of parameters in a correlation model exceeds 3.
As a result of correlation analysis, either a paired (one-factor) model is developed, when one leading parameter-argument is taken, or a multi-factor model, when there are several parameters-arguments.
With a pair correlation between the estimated cost S and the parameter X, a linear or power-law function of the form is used, respectively:
S a 0 a 1 X
S a 0 X a1 (4.1.8) where S is the estimated value of the object; a 0 , a 1 - statistical parameters of the correlation model.
Calculations based on correlation models give quite acceptable results, however, this requires a large amount of statistical material. The number of objects for building the model should exceed the number of argument parameters by about 6 times. Usually, a statistical sample includes not only close analogues in terms of functions and execution, but also structurally similar objects belonging to the same type and forming parametric series.
It must be remembered that the described method can be applied if the value of the pricing parameter of the object of assessment lies in the range of values of the pricing parameters of analogues. If we try to calculate the cost of a crane with a lifting capacity of, for example, 20 tons, using this equation, we will get an unpredictable result.
Comparing the two methods, the method of direct comparison with an analogue, and the method of calculating by correlation models, it should be noted that, in fact, this is one and the same method.
In the method of direct comparison with an analog, a “correlation” dependence is also built, but only for two analogs and on the basis of a power trend. The method of constructing correlation models uses several analogues, and the trend type is selected from 63 conditions of the highest degree of reliability. In this sense, the latter method is more accurate than the former.
The method of specific price indicators does not give great accuracy, since for many types of machinery and equipment the cost (price) is determined by more than one parameter. To take into account the influence of other factors, the specific price indicator is set differentiated depending on other parameters and characteristics.
For example, for presses of a certain type, the nominal force of the press can be taken as the main parameter. However, in a wide range, the specific cost of a unit of effort may turn out to be variable, and then the "price" of a unit of this parameter is set differentiated - for small, medium and large presses.
The calculation method using a unit price indicator is extremely simple and allows you to make quick, express estimates, however, the accuracy of the results obtained is low, since there are often a number of other influencing factors that are not taken into account.
By itself, the specific price indicator can be applied only in a certain range of values of the main parameter; in other intervals, the value of this indicator will be different. In many cases, there is a regular decrease in the specific price index with an increase in the main parameter.
The methods of the comparative approach described above are mainly used in the evaluation of individual machines and pieces of equipment. The choice of method is determined by the nature of the object, the conditions for its use and the completeness of the information base on prices and parameters of similar samples of machinery and equipment.
Methods of a comparative approach allow you to determine the market value or value, independent of the place of use. To then determine the value at the place of use, it is necessary to add the costs of transportation, construction of the foundation, installation and commissioning to the market value. It is in the possibility of obtaining a truly market value that the main advantage of these methods lies.
However, the methods of the comparative approach also have their disadvantages, the main of which is that the reliability of estimates by these methods is determined by the completeness and reliability of market information, on the processing of which they are based. And for objects that do not have an open and mass market, the use of these methods is generally impossible. In addition, these methods involve a "piece" assessment of each machine or piece of equipment; with a large number of objects, the assessment is very laborious. Acceleration of appraisal work with a certain concession of 64 accuracy can be obtained by applying calculation methods according to correlation-regression models and specific price indicators.
OPTIONAL: (shorter text)
A comparative approach to estimating the cost of machinery and equipment is implemented in the following methods:
1. the method of price indices, or indexing by the time factor;
2. method of direct comparison with an identical object;
3. method of direct comparison with a similar object;
4. method of direct comparison with similar objects with the introduction of targeted qualitative adjustments;
5. calculation method based on specific indicators and correlation models;
Price index method, or time factor indexing
This method is applicable in the case when its price in the past is known for the object being valued and, therefore, the task arises to recalculate this price as of the valuation date.
The time interval between the date when the value is fixed and the date of valuation is measured by the number of months, then the value of the object on the valuation date is determined by the formula:
Direct comparison method with identical object
An identical object is an object of the same model (modification) as the object being evaluated, it does not have any differences from the object being evaluated in terms of design, equipment, parameters and materials used.
The price of an identical object serves as the basis for assigning the value of the object being valued. The full replacement cost is equal to the price of an identical item, reduced to the conditions of normal sale and valuation conditions using the so-called commercial adjustments (amendments).
Commercial amendments according to their content can be divided into three groups:
1. Amendments eliminating atypical conditions of sale (expedited delivery times, warranty period, discounts, bundles, additional services, etc.)
2. Adjustment for the presence of VAT and other taxes.
3. Correction for the time factor. Amendments of the second and third groups are carried out almost always, and the first - selectively, taking into account their certainty and significance.
Method of direct comparison with a similar object.
In this method, in addition to commercial adjustments, the price of the analogue is also adjusted for parametric differences.
In practice, the selected analogues often differ in power, performance from the machine - the object of evaluation. In this case, to determine the correction, the ratios between prices (manufacturing costs) and the main parameter of machines are used, in particular, the power dependence:
P.
- exponent, often called the coefficient of price drag, depending on the specific type of technical devices.
Exponent values ( P) in formula (1) are determined for a number of engineering products on the basis of special studies, as well as many years of practice. So, for tractors of medium power, the value 0.72 is used, for excavators - 0.8, for extruders used in the processing of polymeric materials, 0.6-0.7, etc.
Formula (6) is widely used due to its simplicity and rather high reliability. At the same time, it should be taken into account that such an approach requires significant amounts of market information and the use of adequate methods for comparing objects. In other words, the appraiser must have an extensive, constantly updated database of many types of technical devices. Moreover, such information must be collected constantly, as if for the future, since in real domestic practice the appraiser has to work with a wide variety of types of machinery and equipment, and each subsequent assessment, as a rule, takes place in a completely different branch of technology.
Corrections for parametric differences are divided into two types:
Corrective adjustments (performed by making an absolute adjustment to the price);
Coefficient adjustments (performed by multiplying the original price by the adjustment factor);
Since both corrective and coefficient adjustments are made in a direct comparison, the final result depends on the sequence of their introduction. There is a single procedure for making adjustments:
1. First, commercial adjustments are made in order to bring the price of the analogue to the conditions for estimating the cost.
2. Amendments for additional devices.
3. Correction for auxiliary parameters.
4. Coefficient correction for the main parameters.
The method of direct comparison with similar objects with the introduction of targeted qualitative adjustments
The method can be applied when at least two analogues can be selected for the object being evaluated. Moreover, the estimated object, in terms of its technical characteristics, and, consequently, in terms of cost, occupies an intermediate position between the two analogues.
As a result of the comparison, the analog receives a certain number of both up and down adjustments.
The cost of the object being evaluated lies in the interval between the prices of analogues, taking into account the amendments made.
Calculation method based on specific indicators and correlation models
This method is convenient to use when it is necessary to evaluate a large number of objects of the same type that differ in the values of individual parameters.
This method is fully consistent with the similar method described in the cost approach (see above).
The methods of the comparative approach described above are mainly used in the evaluation of individual machines and pieces of equipment. The choice of method is determined by the nature of the object, the conditions for its use and the complete information base on prices and parameters of similar samples of machinery and equipment.
Comparative methods also have their disadvantages:
Reliability is determined by the completeness and accuracy of market information;
A developed and open market for the sale of machinery and equipment is needed;
The complexity of multiple assessments;
Some allowance in the estimated value as a result of amendments;
meeting of the Scientific and Methodological Council
Russian federal center
forensic examination
under the Ministry of Justice of Russia,
protocol dated 24.11.2004 N 2
METHODOLOGY
DEFINITIONS OF THE MARKET VALUE OF GOODS
IN THE PRODUCTION OF COMMODITY EXPERTISE
IN THE EXPERT AND FORENSIC SERVICES OF THE FCS OF RUSSIA
Developed by: a specialist of the Russian Federal Center for Forensic Expertise of the Ministry of Justice of the Russian Federation, with the participation of employees of the Russian Customs Academy and specialists of the Central Forensic Customs Administration.
Included in the Register of methodological materials for forensic examination of the Ministry of Justice of the Russian Federation with the assignment of registration number N 002EM / SE.
Introduction
Among the factors that determine the effectiveness of experts' activities, an important place belongs to the availability of verified methods for studying objects.
Methodology - an order, a detailed regulated program of activities aimed at solving an expert problem.
The study of expert opinions on the issue of determining the market value of goods, made in the forensic services of the Federal Customs Service of Russia, made it possible to get a general idea of the state of expert practice, to identify shortcomings in the appointment and production of examinations.
In order to improve expert practice, eliminate existing shortcomings, improve the quality of ongoing examinations, and the soundness of conclusions, there is a need to develop a methodological framework for this type of research.
The purpose of this study is to develop a set of recommendations that can be used to:
Improving the process of expert research in general;
Ensuring the completeness of the study, which has a sufficient basis for solving the problem at individual stages of the examination;
Ensuring the consistency and consistency of the expert's actions in solving a specific expert problem, the validity of his conclusions;
Ensuring the reliability of the expert's opinion.
In the proposed work, for the first time, from the standpoint of a system-structural approach, the epistemological essence of expert commodity research knowledge in the production of examinations in order to determine the market value of a product is revealed, the process of expert research, its stages and the relationship between these stages is considered; definitions of the subject and object of commodity expertise are given, the range of expert tasks "..." is outlined.
I. General provisions
1. This Method (hereinafter referred to as the Method) for determining the market value of goods, including vehicles, when conducting expert merchandise research in the forensic services of the customs authorities of Russia was developed in accordance with the Constitution of the Russian Federation, Federal Law of May 31, 2001 N 73-FZ "On state forensic activities in the Russian Federation", the Customs Code of the Russian Federation of the Labor Code of the Russian Federation), the Code of Criminal Procedure of the Russian Federation of the Criminal Procedure Code of the Russian Federation), the Civil Procedure Code of the Russian Federation of the Code of Civil Procedure of the Russian Federation), the Code of the Russian Federation on Administrative Offenses of the Code of Administrative Offenses of the Russian Federation), Criminal code of the Russian Federation of the Criminal Code of the Russian Federation), the Tax Code of the Russian Federation of the Tax Code of the Russian Federation) and is a theoretical and methodological basis for conducting expert commodity research in order to determine the free (market) value (price) of the product under study.
2. Commodity expert examinations on the issue of determining the market value of goods are appointed by officials of customs, investigative and judicial bodies in order to:
Determining the amount of duties, taxes and fees payable in respect of these goods in the process of customs clearance and customs control;
Determining the amount of fines in the production of expert examinations in cases of administrative offenses, inquiries and hearings in criminal and civil cases;
Other cases stipulated by the legislation of the Russian Federation and regulatory and administrative documents of the Federal Customs Service of Russia.
Commodity examinations on the issue of determining the market value of goods can be carried out at the request of state bodies, organizations and civilians in the prescribed manner.
3. Any person who has the necessary special knowledge and is certified in accordance with the Regulations on the certification of experts (approved by Order of the State Customs Committee of June 7, 2004 N 646 (registered in the Ministry of Justice of the Russian Federation on June 30, 2004, reg. N 5879)) can be appointed as an expert, so and involved in the production of expertise in the manner prescribed by the procedural law.
II. Subject, object, tasks of commodity expertise
in deciding the market value
objects under study
"Examination is a study conducted in accordance with the procedural legislation by knowledgeable persons on the basis of special knowledge in science, technology, art, craft to establish the actual circumstances of the case, which are of probative value." /thirteen/.
In accordance with this definition, the subject matter of commodity expertise is factual data (facts, circumstances) established on the basis of special scientific knowledge in the field of commodity science and research of the object and other materials of the case.
Special commodity knowledge is professional knowledge in the field of commodity science, the essence of which is determined by the content of the subject matter of commodity science. Commodity science is a science that studies a product from the point of view of its ability to satisfy certain needs of people in items of clothing, household items, production, etc. /14/. The cornerstone of this science is the concept of a product, its essential and content characteristics.
In economic theory, the concept of a product is characterized as an object of purchase and sale (“a product that is on the market or can be delivered to it”), that is, a product is, first of all, an existing (existing) “object, a thing that, thanks to its properties, satisfies human needs in accordance with its purpose" /14/.
A commodity has two sides: use-value and value. Use value, further defined as quality, is the ability of a thing to satisfy human needs. "Product quality is a set of product properties that determine its suitability to satisfy certain "...".
Product quality is assessed by qualitative and quantitative indicators (described, weighed, measured, etc.).
Quantitative and qualitative certainty of the goods (products, products) allows you to attribute it to a specific classification unit, that is, to establish its commercial affiliation. At the same time, products (goods) of the same purpose show suitability for consumption in different ways, which is determined by the degree of usefulness for the intended use.
The ratio of indicators of the properties of the product under study and the basic ones, acting as a measure of quality, is called the quality level /25/, reflecting the degree of suitability of the product for its intended use.
At the same time, the commodity also has another side: use values are material carriers of exchange value, which appears primarily in the form of a quantitative ratio in which the exchange of various use values takes place, that is, their quality and quantity are compared.
The level of quality, expressed in value units, determines the value of the product.
The epistemological essence of the concept of goods (the object of commodity expertise) determines:
Commodity affiliation;
Quality level;
Market price.
In the process of circulation, the product undergoes various influences, including negative ones, as a result of which its properties change. Its cost also changes, taking into account the actual state.
Thus, in the process of expert commodity research, the following is established:
Commodity affiliation of the objects under study - the belonging of objects to a generally accepted class with a known set of properties;
Quality level;
The actual state of the objects under study;
The cost of the goods, taking into account the actual condition.
The objects of commodity expertise are food and non-food products, including vehicles, products of machine-building, instrument-making and electronic industries, building materials, building structures and equipment of domestic and foreign production, raw materials and materials, etc.
In cases of research of large lots of goods of the same type, name, model, etc. the objects of study are samples (samples), subject to the correct selection of samples (samples) in accordance with the existing GOST, OST, RD and regulatory and administrative documents of the Federal Customs Service of Russia. "..." samples (samples) is drawn up the act of sampling (sampling) in the prescribed manner.
Depending on the circumstances of the case, along with the objects of commodity examination (products, products, their parts), the experts are presented with standard samples for comparative research.
The object of commodity research in determining the market "...".
As initial data during the examination, the marking applied to the packaging, directly to the product, or contained in labels, labels, etc., carrying information about product characteristics (numerical or alphabetic indicators), manufacturer (trademark drawing), methods of handling cargo or product care (various handling signs). The study of marking data is necessary when solving a number of issues, including those related to the falsification of goods.
The objects of merchandising examination also include the packaging in which the goods were transported or stored.
The objects of research for an expert are also documents containing information about the state of objects and ongoing operations, providing sufficient information about the product:
Documents containing information about the features of the origin of the goods (certificates, certificates of quality, technical passports, etc.);
Shipping documents (specifications, packing lists, labels, etc.) and shipping documents (receipts of acceptance - shipment of goods, waybills, etc.);
Cargo customs declarations (CCD);
Passports for goods, acts of the sanitary and epidemiological station, etc.;
Acts of cargo inspection, various certificates.
Summarizing the above, the objects of commodity expertise are food and non-food products, used products, parts of products, samples (samples), standard samples, other products (products) (analogues), labeling, packaging, as well as materials of criminal, administrative and civil cases , which contain information about the commodity characteristics of the objects under study and other information about the circumstances that led to a change in the quality of products (conditions of packaging, transportation, storage), as well as documents provided in the process of customs clearance and customs control, containing information about the object of commodity examination.
III. Expert Commodity Research Program
in order to determine the market value of the goods
Methodology of examination (expert study) is a system of methods, techniques and technical means that are consistently applied in the study of objects of examination to establish facts related to the subject of examination.
The significance of the methodology in determining not only the structure, but also the dynamics of the individual research activity of an expert is very significant, since it is of a complex multi-level nature and requires a certain ordering and regulation.
The following structure of the solution of the expert problem reflects the multi-stage process of expert research.
The methodology for conducting an expert commodity research in order to determine the market value of a product contains various methodological approaches at different stages of the study.
At each stage, certain properties of objects are investigated, appropriate technical means are used, and specific subtasks are solved.
Here, the main condition for solving the problem (subtask) is the study of not all the properties of the object, but only those that are important for its solution.
At the first stage of the study, a group of tasks is solved related to the establishment of the commercial affiliation of the objects under study, including the study of the commercial properties of objects, allowing to determine:
The belonging of the studied objects to the generally accepted class with a known set of properties according to the classification of the All-Russian classifier of products OK 005-93 OKP (approved by the Decree of the State Standard of the Russian Federation of December 30, 1993 N 301), the Commodity Nomenclature of Foreign Economic Activity of the Russian Federation TN VED of Russia (approved by the Decree of the Government of the Russian Federation dated November 30, 2001 N 830) and the All-Russian classifier of fixed assets (approved by the Decree of the State Standard of the Russian Federation dated December 26, 1994 N 359);
Belonging of individual units or many units to one group of goods (type, model, brand);
Compliance (non-compliance) of the commodity properties of the object under study with the data of the contract (agreement);
Compliance (non-compliance) of the commodity properties of the object under study with markings.
To establish the commercial affiliation of objects, data developed by science are used, in which quantitative and qualitative characteristics are predetermined, which makes it possible, after conducting a study by the identification method /26/, to attribute the objects under study to a certain classification unit, delimiting them from others in accordance with the accepted classification.
At the second stage of the study, a group of tasks is solved related to determining the quality level and the actual state of the object, including the establishment of:
Compliance (non-compliance) of the actual characteristics of the objects under study with the basic data (normative, reference sample);
Conformity (inconsistency) of the actual characteristics of the objects under study (raw materials, composition, design, materials used, model, technical parameters, dimensional characteristics, etc.) to similar data recorded in the shipping activity of commodity-transport, acceptance and other documents;
Essence and degree of change in product quality due to the presence of physical, obsolescence;
Factual data related to compliance (non-compliance) with the rules of packaging, labeling, transportation, storage and operation, the mechanism and reasons for changing the properties of objects.
To obtain a complete and scientifically substantiated conclusion reflecting the state of the object under study, it is of no small importance that the expert uses the methods and technical means of research used in the study of a particular product group.
When inspecting the goods at the place of its storage, the above factors are reflected in the Inspection Certificates of the Rap (vehicle) of the established form.
At the third stage, an analysis of the market of the studied product in a particular region in a particular period of time is carried out. Expert studies at this stage include:
Analysis of price information contained in various legitimate sources of information;
Analysis of the price range of actual transactions in market conditions;
Marketing research of a similar product in the absence (or unavailability) of sources of information about the price of the product under study.
The choice of analogue is carried out by studying its characteristics according to the above research scheme. When choosing an analogue, the maximum correspondence of the properties of the analogue and the object under study is taken into account, while taking into account not only the functional purpose and consumer properties of the product and analogue, but also the country of origin, competitiveness, and the conditions for their functioning in the market.
As a result of the research, the average market price of the product under study is determined in a particular market in a given period of time. When conducting expert studies on the issue of determining the market value of goods that are in the process of customs clearance, the market price is determined as of the date indicated in the application of the customs authority that submitted the goods for examination, or as of the date of the examination.
When conducting expert research on the definition of "..." or the case of an administrative offense, the market price is determined as of the date of the offense.
In other cases, the date of determining the market price is set by the person who appointed the examination.
Carrying out commodity examinations in order to determine the market price of the studied product does not include the process of market pricing. The market "..." of the goods contains allowances (discounts) regulated by market conditions, and taxes established by the legislation of the Russian Federation.
The cost of the goods submitted for examination is determined on the basis of its average market price, taking into account the actual condition (presence / absence /: defects of the goods, including appearance and packaging, accompanying and technical documentation, completeness, etc., since the presence of these defects reduces the quality and cost of goods), quantity and other factors affecting its value.
In some cases, for example, when the offense occurred much earlier than the date of the examination, the expert may determine the price of the goods in one of the following ways:
1. Determine the price of the goods on the date of the examination in a stable foreign currency (US dollars, Euros) and recalculate it into the currency of the Russian Federation (rubles) at the exchange rate of the Central Bank of the Russian Federation on the date of the offense.
2. Determine the price of the goods on the date of the examination in the currency of the Russian Federation and adjust it taking into account the inflation index for the period from the date of the offense. The official size of the inflation index is published in government periodicals of a financial and general economic nature.
These methods cannot be applied to goods that have a tendency to accelerated obsolescence, goods that were in use and have a limited shelf life.
IV. Sources of information used by the expert
when determining the free market price of goods
When determining the free market price of goods in the process of conducting commodity research, the following sources of information can be used:
Published - catalogs, price guides, price lists, price lists, prospectuses, stock reports, etc.;
Unpublished - on special requests answers of trade missions, firms, manufacturers of goods, etc.;
Normative documents - allowing to determine the market value of goods by calculation using certain methods.
Information obtained from the official sites of the public Internet can also be used, indicating their details (address, company, date of registration) in the research part of the conclusion.
The conclusion should indicate the source of information used (name of the publication, number and year of its release, details and date of the document used, etc.). All price information collected by an expert in the course of a study to determine the market price of a product must be stored in the archive of the expert unit and allow access to it if it is necessary to verify it in the prescribed manner.
In order to ensure the uniform application of this methodology, definitions are given for the terms and concepts used in the production of commodity examinations in solving this problem.
An analogue is a material (materialized) object, the basic properties of which correspond to the properties of the object under study.
The degree of adequacy (equivalent) of an analogue to the object under study is determined by the number of their common properties.
Price - the monetary expression of value, defined as the total cost of raw materials, labor resources, rent of the main buildings (structures) and regulated taking into account supply and demand on the market.
Contractual price - the price established by agreement, taking into account the consumer characteristics of the product, its quality level, supply and demand in the market.
Regulated price - the price established by the authorized state body (institution) for raw materials, materials, products of certain commodity groups.
Free market price - the average price that develops depending on supply and demand in the market or the average price of transactions for a given product in a specific period of time.
Cost - 1. Monetary expression of the value of a thing; 2. A certain amount of socially necessary labor expended on the production of a commodity and materialized and embodied in this commodity.
Wear is a change in the properties of an object of commodity examination, leading to a decrease in quality /17/.
Physical wear is a state of products characterized by destruction or deterioration of properties as a result of various influences (friction, moisture, high temperatures, etc.) /17/.
Moral wear and tear - the state of products, characterized by their inconsistency with the modern direction of fashion, style, technology, etc. /17/, as well as normative and legislative acts.
Identification - establishing the conformity of a specific product with a sample and (or) its description (GOST R 51293-99) /26/.
The result of identification is a conclusion on the conformity (non-compliance) of a specific product with a sample or its description (GOST R 51293-99).
A sufficient basis for solving problems is a set of properties (features) of the objects of study, established by an expert and sufficient to justify the conclusion about the commodity, actual condition, price of the objects under study /17/.
The reliability of the conclusion of an expert-commodity specialist is the truth of the conclusions arising from the scientific provisions of commodity expertise, the scientific validity and reliability of the applied methods and techniques, and the specific results of the research /17/.
"..." - the value of the product quality indicator, taken as the basis for a comparative assessment of its quality (GOST 15467-79) /25/.
The market is the sphere of commodity circulation.
Quality level - a relative characteristic of product quality, based on a comparison of the values of indicators characterizing the technical excellence of the evaluated product with the corresponding base values (GOST 15467-79) /25/.
Product properties - an objective feature of a product that can manifest itself during its creation, operation or consumption (GOST 15467-79) /25/.
A sign of a product is a qualitative or quantitative characteristic of any properties or conditions of a product (GOST 15467-79) /25/.
VI. Registration of research results
Registration of the results of expert studies in the forensic services of the Federal Customs Service of Russia is carried out as follows:
The conclusion of an expert on the decision or determination of the customs, investigative and judicial authorities;
Certificate of an expert (specialist) at the request of state bodies, organizations and civilians.
The conclusion of an expert or a commission of experts consists of: an introductory part, a research part and conclusions.
The introductory part of the conclusion shall indicate: the name of the institution; conclusion number; type of examination (additional, repeated, complex, commission); the basis for the examination when, and by whom it was issued (decision of the investigator (court), court ruling, order of the customs authority); date of commencement and completion of the examination; information about the expert (full name, position, education, specialty, length of service (in the specialty and expert), academic degree; questions posed to the expert; objects of research and case materials, other materials; method of delivery of the object and packaging ; information about the petitions filed; information about previous examinations and their conclusions; grounds and motives for the appointment of repeated or additional examinations.
The research part of the conclusion should contain: the results of the inspection; reference sources of information (name of the publication, number and year of its issue, details and date of the document used, etc.) and regulatory documents used by the expert in the production of examinations; methodology (research program) and applied methods; the process and results of the study; links to illustrations and applications.
In the "Conclusions" section, each question posed must be answered on the merits or it must be indicated that it is impossible to solve it.
The conclusion about the price of the goods must contain information about the date the price was determined and the place (region) where this price was set, its value, expressed in specific monetary units.
There are three main methods for assessing the market value of real estate: the comparison method, the cost method and the income capitalization method.
The main valuation method is the method of comparative sales analysis (SAP). This method is applicable when there is a market for land and real estate, there are real sales, when it is the market that forms prices, and the task of appraisers is to analyze this market, compare similar sales and thus obtain the value of the property being valued. The method is based on a comparison of the object offered for sale with market analogues. It finds the greatest use in the West (90 percent of cases). However, this work requires an already established market for land and real estate.
The sales comparison method is used if there is sufficient reliable market information on purchase and sale transactions of objects similar to the one being valued. In this case, the criterion for choosing objects of comparison is the similar best and most efficient use.
The SAP method can also be referred to as the direct sales comparison approach, the sales comparison method, or the market information market method. The SAP method consists of several stages.
Stage one. Recent sales of comparable properties in the relevant market are highlighted. The sources of information are: the appraiser's own dossier, the Internet, an electronic database, real estate firms, real estate brokers' dossiers, archives of credit institutions (mortgage banks), insurance companies, construction and investment companies, territorial departments for insolvency and bankruptcy, territorial departments of the State Property Committee, etc. .
An important point when using the SAP method is the coordination of the results of the comparison of the property being valued. Arithmetic averaging of received data is not allowed. The accepted procedure is to study each result and make a judgment about the extent of its comparability with the property being valued. The smaller the number and magnitude of the amendments to be made, the more weight this sale has in the process of finalizing the approval.
As units of comparison, meters are taken that are traditionally established in the local market. To evaluate the same object, several units of comparison can be applied simultaneously.
The elements of comparison include the characteristics of real estate and transactions that cause changes in real estate prices. The elements subject to mandatory accounting include the composition of the property rights transferred, the terms of financing the sale and purchase transaction, location, physical characteristics, economic characteristics, nature of use.
Stage two. Verification of information about transactions: confirmation of the transaction by one of the main participants (buyer or seller) or an agent of a real estate company; identifying the terms of the sale.
If there is a sufficient amount of reliable market information, it is allowed to use methods of mathematical statistics to determine the value by comparing sales.
Stage three. Adjustment of the value of comparable properties. Adjustment can be made in three main forms: in terms of money, percentage, general grouping.
First, adjustments are made relating to the terms of the transaction and market conditions, which are carried out by applying each subsequent adjustment to the previous result; secondly, there are adjustments relating directly to the property, which are made by applying these adjustments to the result obtained after adjustment for market conditions, in any order.
The cost method is practically not applicable to land. It can be used only in exceptional cases of valuation of the land inseparably from the improvements made on it. It is believed that land is permanent and not expendable, and the cost method is used to evaluate man-made objects. When assessed by this method, the value of land is added to the cost of improvements (buildings, structures), and the land is valued separately by other methods.
The cost method of real estate valuation includes the following:
determination of the value of a land plot, determination of the replacement or replacement cost of buildings and structures, determination of the amount of accumulated depreciation of buildings and structures, determination of the market value of real estate as the sum of the cost of a land plot and the replacement or replacement cost of buildings and structures minus accumulated depreciation.
The choice of the method adopted for the calculation of the cost of new construction of improvements should be appropriately justified. The use of replacement cost is appropriate in cases where it is difficult to determine the cost of erecting an exact copy of the building due to outdated types of building structures and construction methods used to create the subject property.
Costs corresponding to replacement or replacement value for real estate valuation purposes are calculated as the sum of direct costs, indirect costs and profits of the entrepreneur.
The profit of the entrepreneur is the prevailing market norm that encourages the entrepreneur to invest in a construction project. The amount of profit is determined by the method of expert assessments based on market information.
The use of the cost method is necessary when analyzing new construction; reconstruction of buildings; assessment for tax purposes; to identify excess income in real estate valuation; when assessed for insurance purposes; assessment of the consequences of natural disasters; assessment of special buildings and structures.
Under the conditions of transition to market conditions, the cost method is decisive in the assessment, since the application of other methods requires extensive market information, which is not available due to an undeveloped market. However, it should always be remembered that construction costs are only the basis of market value and most often they are either more or less than it.
At present, in Russia, this moment is often taken into account when estimating fixed assets of enterprises incorrectly, since their revaluation is carried out mainly according to the cost method and the appraiser should remember that the book value of fixed assets of enterprises does not correspond to their market value.
The next valuation method, which is applicable specifically for Russia, is the valuation method based on the analysis of the most effective use of real estate, and this analysis is associated with determining the type of use that will bring the owner the maximum income, i.e. income capitalization method.
The method of capitalization of income in assessing the market value of real estate is implemented by predicting future income,
capitalization of future income.
The future income generated by the property is divided into two types: operating income from commercial leases and reversion income.
The initial premise of the direct capitalization method is the constancy and infinity of capitalized income. In the direct capitalization method, the present value of a future stream of income is defined as the ratio of the annual income attributable to an ownership or interest to the capitalization ratio for that ownership or interest.
Evaluation is also necessary within the framework of regional tax policy. All over the world, the basis of the local taxation system is the property tax, due to this tax, about 70 percent of the local budget is formed. Of course, with the development of the market itself, with the appearance of real values, it is possible to switch to a taxation system that would stimulate the development of the real estate market and at the same time ensure the replenishment of local budgets. This also explains the unconditional interest in the assessment shown by local administrations.
The cost of professional appraisal services varies greatly depending on the types of objects being appraised, the complexity of the work and, of course, on which specialists are involved in the appraisal. Typically, the cost of services is measured either in hours multiplied by the hourly rate, or depends on the size of the object, but is never tied to its cost.
Establishing the cost of goods, works or services in such a way that the tax authorities do not have any claims to its validity is a very non-trivial task. Especially when it comes to products that have no analogues on the market.
The general principle of determining the price of any transaction for tax purposes is its compliance with the level of market prices. And such, based on paragraph 4 of Article 40 of the Tax Code, is the price that has developed during the interaction of supply and demand on the market for identical (and in their absence, homogeneous) goods, works, services in comparable economic conditions.
The features of calculating the market price, as well as cases when tax authorities get the opportunity to intervene in the pricing process, are quite clearly set out in the mentioned article. However, disputes over the application of certain of its provisions are also not uncommon. And most of them are connected precisely with the procedure for determining the market price of goods.
Looking for identical products
So, if transactions with identical (homogeneous) goods, works or services take place on the relevant market, then their market price is determined on the basis of information given in official sources (clause 11, article 40 of the Tax Code). This may be official information about stock quotes at the exchange closest to the location of the seller or buyer, as well as quotes from the Ministry of Finance on government securities and obligations. Information from government statistics agencies and pricing regulators will also be useful, as well as information on market prices published in print publications or the media. In addition, the assessment of the market price of goods, works or services can be carried out in accordance with the Law of July 29, 1998 No. 135-FZ "On Valuation Activities in the Russian Federation" by a licensed appraiser.
As follows from paragraph 9 of Article 40 of the Tax Code, when determining market prices, information on transactions with identical or similar goods in comparable conditions is taken into account. This means that such conditions of transactions as the quantity of goods supplied, terms of fulfillment of obligations, terms of payments and other conditions should be taken into account if they can influence pricing.
The obligation to take into account the terms of transactions in the implementation of price control is also confirmed by arbitration practice. Most of the cases on additional tax assessment based on the size of market prices were lost by the tax authorities precisely because they could not provide strong evidence of the existence of comparable terms of transactions made by the taxpaying company and transactions in which the market price was applied (see, for example, the decision FAS of the North-Western District of June 3, 2005 in case No. A56-43517 / 04, decision of the FAS of the West Siberian District of March 12, 2008 No. F04-1672 / 2008 (1943-A03-42)).
Paying for "uniqueness"
The main difficulties in checking the price for its compliance with the market level will arise for companies selling goods, works or services that have no analogues. If there are no transactions for identical goods on the relevant market, or it is impossible to determine the market price due to the absence or inaccessibility of information sources, then the resale price method is used to determine it.
The essence of the resale price method is to determine the market price of realizable assets based on the buyer's setting their resale price according to the following formula:
C1 \u003d C2 - (Z2 + P2),
C 1- the market price of the goods;
C2- the selling price (resale) of the goods to subsequent buyers;
Z2- the costs incurred by the buyer of the goods during its further sale (resale) and promotion to the market (excluding the purchase price of the goods);
P2- the usual profit of the buyer of the goods in its further sale (resale).
As the name implies, the resale price method can only be used if there is a fact of resale of goods, works or services. If this method cannot be applied, then “as a last resort” the firm has the right to use the costly method. Its use is reduced to determining the market price of goods according to the following formula:
C \u003d W + P,
C- the market price of the goods;
W- direct and indirect costs of the seller for the production (acquisition) and (or) sale of goods, as well as the costs of transportation, storage and other similar costs;
P is the seller's normal profit.
It should also be noted that both of these methods have a significant drawback: they do not take into account the effect of inflation on the level of market prices. And in the context of a significant increase in prices, the values obtained using these methods should be adjusted for changes in the price index. However, the Tax Code does not provide for such an adjustment. Another "stumbling block" is the fact that in the tax legislation there are no clear definitions of such terms as "ordinary costs" or "usual profit for this type of activity."
It would seem that in order to avoid possible errors in the self-calculation of certain indicators, the company in this situation would be most logical to turn to an independent appraiser. However, in their recent letter dated July 2, 2008 No. 03-02-07 / 1-243, specialists from the Ministry of Finance forbade doing this, voicing an opinion that boils down to assessing the market price of a product, work or service that has no analogues on the market , independent appraisers cannot.
However, the same clarifications leave the court the right to take into account any factors that are important for determining the results of the transaction, not limited to the circumstances listed in Article 40 of the Tax Code . April 11, 2006 No. F09-2564 / 06-C6 in case No. A76-5970 / 2005).
Thus, even if the company has to face the claims of the tax authorities, it is not at all necessary to “put up with fate”, if there are no really weighty reasons for it. There is always an opportunity to defend one's interests with the help of judges, who in the matter of the methodology for determining the market price for tax purposes often turn out to be on the side of the taxpayer.
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