FNS has demanded from the Russians, who have foreign currency accounts abroad to come personally to tax inspection
Territorial Inspectorate of Federal tax service (FNS) across Moscow started sending letters of demands of foreign resident citizens, constantly living abroad to appear in person at the tax office. We are talking about those Russians who had previously notified the Russian authorities about their foreign accounts and have not passed the annual report for 2015 on the balance sheet and the movements thereon, passes the Agency “Interfax”.
Journalists got acquainted with the letter of inspection N14, dated 5 Oct. In it, the Inspectorate has notified the citizen of the Russian Federation, in connection with accounts in banks outside Russia, he “must provide the report on movement of means of physical persons-resident account at a Bank outside the territory of the Russian Federation in 2015″. As the basis on stated in part 7 article 12 of the law “On currency regulation and currency control”.
“In view of the above, You are invited to be at (office – Approx. NEWSru.com). Disobedience to the lawful order or request of officials, as well as obstruction by this official of official duties shall entail the responsibility of citizens and officials under part 1 of article 19.4 of the code of administrative offences”, – stated in the letter.
This sanction implies a warning or the imposition of an administrative fine on citizens in the amount from 500 to 1,000 rubles; on officials – from two thousand to four thousand roubles.
Representative FNS has explained to journalists that the holding of territorial tax authorities of the relevant work is carried out within established by the legislation of the powers, in this case, the law “On currency regulation and currency control” and the administrative code.
According to him, notices in fact not represent legal or physical persons reports on the movement of funds on foreign Bank accounts is a standard procedure to inform taxpayers about a possible violation of applicable law, provided the administrative code.
“The direction of these documents is necessary to ensure guarantees and rights of taxpayers in the course of ongoing administrative procedures. Attracting taxpayers to administrative liability without proof of fact of an administrative offense and guilt in the committed violation is unacceptable. This question is on special control at the Federal tax service”, – he explained.
Recipients of such letters were mostly relatives of the Russians, quite a long time went abroad, and became, under the existing rules, foreign currency nonresidents are not required to report to the IRS, explained the Agency partner Paragon Advice Group Alexander Zakharov.
At the end of September it became known that the Ministry of Finance of the Russian Federation proposed to consider the Russians the currency by Russian residents regardless of how long they have lived abroad. The bill was posted on the portal disclosure of draft normative acts.
This means that all citizens who were not resident as of January 1, 2018 will be required no later than March 1, 2018 to notify the tax authorities about opening and closing accounts or deposits and changes of Bank accounts in banks located outside Russia.
The new rules will not apply to Russians living outside of Russia for more than a year, but when you return they will have to report to tax authorities.
Currently, the currency by residents cease to be citizens of Russia, which a year or more living on the territory of other countries on any legitimate grounds, such as: study, work, residence permits and others. Currency residents of the Russian Federation shall within one month notify the tax authorities about opening of accounts in foreign banks, as well as to report on the movement of funds on these accounts.
The current definition of the foreign exchange residency, as stated in the explanatory note to the bill creates problems for Russian banks, which are required to quickly determine whether their client is a Russian resident or not, when conducting operations on its behalf.
Later, Deputy Finance Minister Alexei Moiseev confirmed to Business FMthat his Department did offer to oblige went abroad of Russians to life to report on foreign accounts.
According to him, this will “simplify life”. The bill aims to allow citizens who live permanently abroad, are not considered currency by residents on the basis of the fact that they are in the same period lived in less than three months on the territory of Russia. “But really, in order to prove it, the citizen will have at the end of the reporting period to provide evidence that he was in Russia was less than nine months in the past period, – said the Deputy head of the Ministry of Finance.
As explained in this regard, the Agency RBC partner Paragon Advice Group Alexander Zakharov, officials are just trying to shift the burden of proving the absence of obligations on the holders of Russian passports. The expert does not exclude that the innovation, in particular, limit freedom of movement in Russia for the Russians permanently living abroad.
Head of legal Department AKG “MEF-Audit” Alexander Ovesnov believes that in General, the main provisions of the bill are aimed at strengthening control over financial operations of citizens.
The assignment of constantly living in other countries the Russians the status of currency residents, according to him, will be obliged to impose on them additional responsibilities and restrictions under Russian law on currency control, including the calculations with non-residents.