Thesis is a complex scientific research devoted to the legal nature of passive incomes, features of their taxation on receivingby physical persons, the improvement of legal regulation of procedures of administration of the income tax.
The author defines the concepts: "income", "profit", "revenue", "net profit", "investment income", "capital", "assets", "active incomes", "passive incomes".
It has been proved that "income" is a benefit that has an economic nature, is in cash or cashless form, is assessed and taken into account for tax purposes in accordance with approved standards and it is determined in accordance with sections III and IV of the Tax Code of Ukraine.
It was found out that from a legal point of view, the distinction between the concepts of "active income" and "passive income" is the criterion of the taxpayer’s efforts.In this regard, the emergence of active income is associated with direct permanent activity of an individual (taxpayer), aimed at obtaining them, while for passive income – the key point is to obtain economic benefits from invested capital (movable and immovable property, securities, intellectual property, etc.), which does not require personal participation in the activities to obtain such income.
The concept and content of the legal personality of an individual as the main prerequisite that determines its participation in relations for the fulfillment of the tax obligation have been clarified. Tax legal personality is characterized by the following: 1) covers both the potential legal capabilities of individuals (tax capacity) and the ability to directly implement them (tax capacity); 2) the conditions of tax legal capacity and legal capacity in time for individuals are different (if tax legal capacity for individuals arises from birth, its tax capacity is due to reaching a certain age and the presence of the object of taxation); 3) it is special in the field of financial law and reflects the responsibilities and rights of individuals on a number of grounds (for example: dependance on the status of residence, doing business or independent professional activity, receiving of passive income, etc.).
On the basis of an analysis of legal regulation and scientific approaches to the terms "capital markets", "securities market" and "stock market" it is proved that the securities market and stock market being identical categories are the part of capital markets, the main purpose of which is the transformation of temporarily free funds of individuals and legal entities into capital, transformation of savings into investments.
It is specified that securities, being specific objects of property circulation, are characterized by such property as profitability. The basic requirements for the legal regulation of an income taxation on securities transactions have been systematized depending on their division into two main groups: 1) income from the purchase and sale of securities (other equivalent agreements, in particular: exchange, redemption, etc.); 2) income from ownership of securities.
