Legal withdrawal of money from oDesk to p / c IP
This note is in addition to other, already published on Habré, articles devoted to working with foreign customers from Russia. In the last similar article written by mag, there are wonderful links and comments. Therefore, if you have not read this article, I recommend reading. Although, my note is entitled oDesk specific, it will also contain some links and tips that can be applied when working with other types of sources entailing foreign economic activity (External Economic Activity). But, nevertheless, if you are going to work with customers directly, i.e. All your calculations will be directly, then all this is well described in previous articles.
So let's get started! For those who do not know, oDesk is an online freelancers exchange whose head office is in the USA. As you already, I think, know that in order to receive money we need two types of documents: a contract and an act. The contract, in a typical case, is needed in one copy while the deed is needed for each receipt of money. Unlike the situation when you work directly with a customer, when working with oDesk you do not have the opportunity to directly enter into a contract with a specific person who can sign and, ideally, seal. All we have is a public User Agreement, which we accept by clicking the “Accept” button. It would seem that this is a little like a contract, and the VC will not accept it. But here the Civil Code of the Russian Federation comes to the rescue with its concept of a public offer. If you familiarize yourself with this concept, it becomes clear that the oDesk User Agreement is nothing more than a public offer and our action on pressing the “Accept” button is nothing more than an acceptance of a public offer, and therefore this will be our contract. Thus, we can safely carry this agreement to the VC (Currency Control) of your bank, and this is enough so that the VC does not have any complaints about the receipt of funds from abroad.
Because agreement with oDesk is in English, then you may have problems with its provision in the VC. Fortunately, I have already translated it, and the link to it will be presented at the end of the article. Translation is not exemplary, but as managed. Perhaps your bank will not require its transfer, but you should not hope for it.
My bank asked me at the beginning of the contract, on the first page, to put the contract number and its date. Simple practice. And to add the, full, requisites at the end of the contract. They also asked to enter the details of oDesk, but I, citing not knowing these, just wrote the address of oDesk. I think your bank will ask for something like that. I was also asked to send a statement that, under this agreement, total revenues would not exceed $ 50,000, which I did by signing and stamping. When the total income under the contract reaches the mark of 50k, we simply “conclude” a new contract and send it to the VC. Naturally, you can avoid this hassle with the calculation of income and the "re-signing" of the contract, simply by concluding the Transaction Passport. For myself, I decided that the game is not worth the candle. The agreement with oDesk is an agency one and when drawing up a certificate of foreign exchange transactions I use the number 35020 for the operation of crediting to a transit account.
Well, now we have a contract and we can receive money from it. We save money on our oDesk account and, when the necessary amount is accumulated, we withdraw it to our Russian bank account. Do not forget that the binding of the account takes at least 2 days in oDesk, so it makes sense to attend to the binding in advance. After we have performed the withdrawal of funds from oDesk, the money goes to your transit account (I receive it the same day), and the bank, of course, needs an act of completed work. Where to get it? There are 2 options:
1. Create a bilingual act, sign it and send it to oDesk.
2. Create an act (only in Russian) to sign it yourself and come up with the oDesk signature. Those. actually come up with a document.
Naturally, I recommend using the first option.
In drawing up the act specify the amount that fell to your transit account. Since it is almost always between what you sent from oDesk and what came to you there will be a difference. This difference is a correspondent bank commission and you cannot do anything with it (by the way, do not forget that when withdrawing funds from oDesk, you will be charged $ 30 for wire transfer). Therefore, either send the act to sign after the money arrived, or edit the already signed document in your favorite editor. What you do depends on your bank. Most likely you will have to edit an already signed document. The indication of the amount credited to the account saves you from several problems at once: what to write in the KUDIR? How can a bank accept an amount different from the amount in the act if the contract does not contain a word about commissions? Also do not forget that the date specified in the act must be no later than the date of initiation of wire transfer .
Personally, I send the act for signing to oDesk 2 weeks before I plan to withdraw money. Because I do it through support, and they are a little brake. I have no other option to sign the document.
')
Under this link you can find a bilingual version of the oDesk contract, two versions of the acceptance report: one original, sent from oDesk, the second, its shortened version, which I use. Also, as a bonus, they contain an example of a contract and an act for working with foreign customers directly (I found these examples on the Internet and used them as a basis for my operations). Everything that is in this folder was used by me personally and was tested by VK. Because this is my skydirve, it is better to move the documents to a more permanent place. So that the documents are not lost in the future. Maybe someone will advise the place?
All of the above is based on my personal experience. Unfortunately, not all people everything goes so smoothly. At least in the Q & A met the person who claimed that their banks refuse to work with the public offer, and that the tax does not accept such documents. In turn, I want to say that if this happens, then both the bank and the tax are wrong, and you can safely deal with them. With banks by letters to the Central Bank, with tax, by ignoring it. That they have to prove that you are guilty, and not vice versa. In general, I propose in the comments to share information about banks and tax offices that have created obstacles for you. With the name of the bank and the region in which this branch is located.
And remember that if you do nothing with banks and tax, they never learn how to work, because they just have no place to gain experience. By helping them, you help yourself.
For people who want to work with the AppStore and other sales sites that do not have a representative office in the Russian Federation, the following information should be useful:
This is an excerpt from the Information Letter of the Bank of Russia dated 02.07.2010 No. 39, published in the BULLETIN OF THE BANK of RUSSIA No. 43 (1212) 28 JULY 2010
Useful links to QA:
Exchange rate difference when receiving currency
Withdraw money from AppStore
Cash settlement services for foreign exchange transactions
oDesk
So let's get started! For those who do not know, oDesk is an online freelancers exchange whose head office is in the USA. As you already, I think, know that in order to receive money we need two types of documents: a contract and an act. The contract, in a typical case, is needed in one copy while the deed is needed for each receipt of money. Unlike the situation when you work directly with a customer, when working with oDesk you do not have the opportunity to directly enter into a contract with a specific person who can sign and, ideally, seal. All we have is a public User Agreement, which we accept by clicking the “Accept” button. It would seem that this is a little like a contract, and the VC will not accept it. But here the Civil Code of the Russian Federation comes to the rescue with its concept of a public offer. If you familiarize yourself with this concept, it becomes clear that the oDesk User Agreement is nothing more than a public offer and our action on pressing the “Accept” button is nothing more than an acceptance of a public offer, and therefore this will be our contract. Thus, we can safely carry this agreement to the VC (Currency Control) of your bank, and this is enough so that the VC does not have any complaints about the receipt of funds from abroad.
Because agreement with oDesk is in English, then you may have problems with its provision in the VC. Fortunately, I have already translated it, and the link to it will be presented at the end of the article. Translation is not exemplary, but as managed. Perhaps your bank will not require its transfer, but you should not hope for it.
My bank asked me at the beginning of the contract, on the first page, to put the contract number and its date. Simple practice. And to add the, full, requisites at the end of the contract. They also asked to enter the details of oDesk, but I, citing not knowing these, just wrote the address of oDesk. I think your bank will ask for something like that. I was also asked to send a statement that, under this agreement, total revenues would not exceed $ 50,000, which I did by signing and stamping. When the total income under the contract reaches the mark of 50k, we simply “conclude” a new contract and send it to the VC. Naturally, you can avoid this hassle with the calculation of income and the "re-signing" of the contract, simply by concluding the Transaction Passport. For myself, I decided that the game is not worth the candle. The agreement with oDesk is an agency one and when drawing up a certificate of foreign exchange transactions I use the number 35020 for the operation of crediting to a transit account.
Well, now we have a contract and we can receive money from it. We save money on our oDesk account and, when the necessary amount is accumulated, we withdraw it to our Russian bank account. Do not forget that the binding of the account takes at least 2 days in oDesk, so it makes sense to attend to the binding in advance. After we have performed the withdrawal of funds from oDesk, the money goes to your transit account (I receive it the same day), and the bank, of course, needs an act of completed work. Where to get it? There are 2 options:
1. Create a bilingual act, sign it and send it to oDesk.
2. Create an act (only in Russian) to sign it yourself and come up with the oDesk signature. Those. actually come up with a document.
Naturally, I recommend using the first option.
In drawing up the act specify the amount that fell to your transit account. Since it is almost always between what you sent from oDesk and what came to you there will be a difference. This difference is a correspondent bank commission and you cannot do anything with it (by the way, do not forget that when withdrawing funds from oDesk, you will be charged $ 30 for wire transfer). Therefore, either send the act to sign after the money arrived, or edit the already signed document in your favorite editor. What you do depends on your bank. Most likely you will have to edit an already signed document. The indication of the amount credited to the account saves you from several problems at once: what to write in the KUDIR? How can a bank accept an amount different from the amount in the act if the contract does not contain a word about commissions? Also do not forget that the date specified in the act must be no later than the date of initiation of wire transfer .
Personally, I send the act for signing to oDesk 2 weeks before I plan to withdraw money. Because I do it through support, and they are a little brake. I have no other option to sign the document.
')
Under this link you can find a bilingual version of the oDesk contract, two versions of the acceptance report: one original, sent from oDesk, the second, its shortened version, which I use. Also, as a bonus, they contain an example of a contract and an act for working with foreign customers directly (I found these examples on the Internet and used them as a basis for my operations). Everything that is in this folder was used by me personally and was tested by VK. Because this is my skydirve, it is better to move the documents to a more permanent place. So that the documents are not lost in the future. Maybe someone will advise the place?
All of the above is based on my personal experience. Unfortunately, not all people everything goes so smoothly. At least in the Q & A met the person who claimed that their banks refuse to work with the public offer, and that the tax does not accept such documents. In turn, I want to say that if this happens, then both the bank and the tax are wrong, and you can safely deal with them. With banks by letters to the Central Bank, with tax, by ignoring it. That they have to prove that you are guilty, and not vice versa. In general, I propose in the comments to share information about banks and tax offices that have created obstacles for you. With the name of the bank and the region in which this branch is located.
And remember that if you do nothing with banks and tax, they never learn how to work, because they just have no place to gain experience. By helping them, you help yourself.
Additional Information
For people who want to work with the AppStore and other sales sites that do not have a representative office in the Russian Federation, the following information should be useful:
2. What are the documents that are the basis for carrying out a currency transaction?
Can a resident submit to an authorized bank together with a certificate of foreign exchange transactions when a resident implements a non-resident software in electronic form using Internet technologies under contracts concluded on the basis of a public offer?
In accordance with paragraph 1.2 of Instruction No. 117-I, together with a certificate of currency
operations, the resident submits to the authorized bank when conducting foreign exchange operations in foreign currency and documents that are the basis for conducting a foreign exchange operation, which are specified in Part 4 of Article 23 of Federal Law No. 173-FZ, as well as documents confirming the transfer of goods (performance of works, provision of services), information and results of intellectual activity, including exclusive rights to them.
When providing services for the supply of software and settlements for services rendered under agreements concluded on the basis of a public offer, in accordance with civil law, an agreement is recognized as concluded at the time the person who sent the offer receives its acceptance (article 433 of the Civil Code of the Russian Federation ( - Civil Code).
Moreover, according to Article 438 of the Civil Code of the Russian Federation, the person who received the offer, within the period established for its acceptance, acts to fulfill the terms of the contract specified in it (in particular, payment of the corresponding amount) is considered an acceptance, unless otherwise provided by law, other legal acts or not specified in the offer.
In this case, when a resident implements software to a non-resident in electronic form using Internet technologies under contracts concluded on the basis of a public offer, it is possible to consider, for example, documents that are printed on paper as documents for a currency transaction. the offer of software to an unlimited number of potential customers-acquirers and the order of actions in case of acceptance of this offer, placed on the website of the respective online store, as well as a document generated in electronic form, containing information about the transfer to the buyer of the necessary information to activate the software. At the same time, these documents must be certified by the signature of the authorized official of the resident and the seal of the above-mentioned resident organization.
This is an excerpt from the Information Letter of the Bank of Russia dated 02.07.2010 No. 39, published in the BULLETIN OF THE BANK of RUSSIA No. 43 (1212) 28 JULY 2010
Useful links to QA:
Exchange rate difference when receiving currency
Withdraw money from AppStore
Cash settlement services for foreign exchange transactions
Source: https://habr.com/ru/post/150500/
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