LLC and currency management
Hello!
My company is already three years old and this year we have been included in the plan of currency control checks of RosFinNadzor for conducting foreign exchange transactions.
The verification continues, but now I would like to talk about some of the subtleties of conducting settlements in currency, which we, unfortunately, only learned during the verification process and which, by chance, we did not violate (I hope so, the test results will come later) .
')
This information will be useful both to those who are already conducting their activities, as well as to those who are only going to open a foreign currency account or register an LLC in general. I do not know how this applies to the PI, but in any case, be careful.
update from February 19
There are two main types of comments in the comments.
therefore, I am writing the required disclaimer here:
Yes, I agree that there are certain explanations that you can refer to in working with currency controls to minimize problems
Yes, I understand that if you know how to do the operations correctly, there should be no problems.
the trouble is that both need to be known in advance , this article, I hope, can be the first step to developing a certain literacy, to do everything right at once, and not after checking. Ideally, I would like to make a website that describes the main problems and pitfalls of currency activities, and tips on how to avoid these problems.
just as a result of this post I was contacted by a representative of currency control of one of the banks who are just interested in such a site - let's see, maybe something will work out!
update 2
Now this currency man has become a webweg habraiser , I beg to love and favor
Below I post it with comments, his advice will be much closer to the testing authorities than mine :)
In the fall, representatives of the local RosFinNadzor called me and reported that we entered the inspection plan for 2011, tentatively at the beginning of the year. We clarified where we are, the state, and if we act at all.
In principle, people are friendly, no severity, in general, you can talk.
Check began in late January.
To begin with, it was necessary to submit the following set of documents:
1. Certificate of state registration of legal entity.
2. Certificates of registration with the tax authority.
3. Charter, Memorandum of Association.
4. Certificate of Incorporation
5. Order on the appointment of the general director, the order on the appointment of the head of the head.
6. Passport manager.
7. Official duties of the head, official duties of the head of the head
8. Certificate of concluded and valid foreign trade contracts for 2010
This is just a Vordovian document - “such contracts were in force” with “such legal entities”, etc.
9. Traffic information on foreign currency accounts for 2010
Bank statements
10. Introduced trading contract with amendments and additions for 2010.
11. Passport transactions and statements of banking control for 2010.
12. Documents confirming the date of submission to the bank of the transaction passport, information for registration of the reissue of transaction passports.
13. Documents confirming the importation of goods from the customs territory of the Russian Federation or into the customs territory of the Russian Federation.
This does not concern us
14. Certificates of supporting documents.
15. Help on foreign exchange transactions.
16. Order on imposing on the official the obligation to provide certificates to the PS Bank confirming, as well as copies of the order of appointment, job description, passport, employment contract
Further work has already gone directly on the activities.
I must say that we accept payment on the fact of work and this is a very important point.
So, actually to the topic topic - what should be paid attention to in the process of activity and how it can threaten if this is not done
And you can break up very simply.
All violations are subject to Article 15.25 of the Administrative Code.
Most of the fines in the process of currency control range from 75% to 100% of the amount of the received currency that was issued with a violation. Once again, for those who do not understand - if you have incorrectly issued a payment that came to you, for example, for 10 thousand dollars - the fine will be 7.5 thousand dollars.
You must sell the received money in foreign currency within 7 calendar days from the date of receipt (with the adoption of new laws in 2011 - 15 days, but banks still do not know about it).
Is punishable by a fine of 75% of the amount of unsold currency (part 3 of article 15.25 of the Administrative Code)
Example:
The money came to you, and you forgot to sell it on time, and you did not write to the bank a statement that the money was not meant for you, give away a 75% fine when checking.
How not to make a mistake?
This is probably the easiest of all cases, the lower will be worse. Just do not forget to sell the currency.
By the way, the minimum amount of sale is 0 :)
update from webweg
from 27.02.2011, the deadline has been increased to 15 working days, and on this date, at least, it is necessary to provide CBO or refusal of the amount to the bank so that there is no violation. If there is no desire to sell the currency, it can be transferred from the transit account to the current currency account (then there is movement on the account and a fee will be charged for maintaining it) and then sold at any time. Or leave it on a transit account, but the CBO with the transfer code will still need to be provided (not all banks will go for it), and there will be no additional fees.
Upon receipt of the payment upon completion of the work, you must submit:
incorrect execution of these papers (even if the bank accepted them!) is punishable by a fine of 4 to 5 thousand rubles for officials (read the director), and a fine of 40 to 50 thousand rubles for a legal entity (part 6, art. 15.25 of the Administrative Code)
Example:
You issued the payment documents, the bank accepted them, but you issued the documents with an error (for example, they were sealed in the passport number of the transaction).
You, as a director, will pay from 4 to 5 thousand rubles, LLC will pay from 40 to 50 thousand rubles.
How not to be mistaken?
There is no guaranteed advice here, no one is immune from error. Check and recheck, but usually banks are pretty tough on these documents, but still - be aware.
update from webweg
here really earn violations. Many documents PS, SVO, SPD, SPVRF. For each there is a time limit, which is regulated by the Instruction Manual of the Central Bank of Russia No. 117 and the Regulation of the Central Bank of Russia No. 258-p. If the documents with an error (wrong PS) the bank is obliged to refuse to accept such a document, and if you follow the letter of the law, then in writing with a notification.
And here we go to the most interesting.
Since the very fact of such a violation is surrealistic, I will explain it immediately in an example. In the meantime, I will bring the law:
part 4, art. 15.25. Code of Administrative Offenses
“Failure by a resident to fulfill within the prescribed period the obligation to receive foreign currency or currency of the Russian Federation to their bank accounts in authorized banks, due for goods transferred to non-residents, work performed for non-residents, services rendered to non-residents or intellectual property transferred to non-residents, including exclusive rights to them. "
It is punished, as you can guess, with a fine of 75% of the amount of unpaid money.
Example:
If you do not know about it, then take a deep breath.
Suppose your contract says that the payment term for the contract is 10 days from the moment of the invoice.
On February 1, you billed and did not pay much attention to the moment when it was paid. The counterparty paid the bill on February 15, the money came, you sold it, all the documents are in order. When checking RosFinNadzor asked you all the bills issued to customers for the period that they check. Found this one.
Congratulations, you violated this very fifth part.
Money came to the account? It does not matter, you had to make sure that the money was sent within 10 days, and once they were sent later, the money did not arrive in time. Please, after checking, please give 75% of this amount to the state.
How not to be mistaken?
But here you can give recommendations.
If possible, do not set the due date after issuing an invoice in the contract.
Moreover, do not specify in it the exact date of payment, any deviation - and you violated the law.
It is clear that this is not the best advice for concluding contracts, but the alternative is to demand from your clients to send a payment within a specified period, not a day later, and if they still sent it, write a statement to the bank that this money is not Your money was sent by mistake.
Well, or just hope that next year you will not get checked out :)
update from webweg
However, it’s still desirable to have time limits, since their absence makes you bad in the eyes of the inspectors. And you can write like this: payment for work within 15 days from the date of the invoice, but no later than 180 days.
The case is even more interesting. The same 4th part of article 15.25. I will not rant. Just an example. Who does not know - inhale even deeper.
Example
You entered into a contract with a client, for example, for the provision of your services, for 11 thousand dollars (such a sum — for a round figure — why a round one — is slightly lower). Under the contract, you have issued a passport transaction, in which the entire amount of the payment is registered. Thousand dollars in advance, 10 thousand dollars - in fact.
The client transferred you a thousand dollars, you did all the work, the client disappeared, and you didn’t do anything. What does it mean that they did nothing from the point of view of RosFinMonitoring? Not sued, did not apply to the Chamber of Commerce.
What happened? And you broke the law. You have not received a currency within the prescribed period.
The size of the unpaid amount? 10 thousand dollars. This is exactly the amount from which you will be charged at least 75% of the fine.
In total, you received a thousand dollars from a client and paid 7.5 thousand dollars to the state in the form of a fine after verification.
How not to be mistaken?
Well, if a customer is good, he will not be lost. If the client is bad, then it’s better not to indicate any payment schedules in the process of issuing the passport of the transaction. In the end, it is better to describe in general that the work was for a thousand dollars, and the passport of the transaction - to issue without amount.
update from webweg
if it is not possible to sue or negotiate through the TTP, and the customer’s money isn’t waiting, you can either re-sign the certificate of completion, reducing its amount to 1k USD and submit this document to the bank together with the SPD (with the symbol * in group 8 ) (there are also dates 15 calendar days from the date of signing this document) or make a document about the forgiveness of the debt and also provide to the bank together with the SPD (with the document type code 14).
update by silenzushka
Conclude an agreement on how much you want, and make a passport transaction without the amount. Also avoid questions. Such a menthod is used when it is not known how much money will come from the client, for example, payment for travel services.
update by antom
I will add a little from my experience "How it happens" if you already have a violation:
1) Do not have time to provide supporting documents to the bank for incoming currency earnings.
I came across 2 times - once I was just on vacation, the second on a business trip. The RPM requested my version of the circumstances under which the violation occurred, I provided explanatory notes with a copy of the travel certificate and an order for leave + an excerpt from the staffing table stating that I could sign such documents alone in the company and in one case simply closed the case and wrote out the other I am fined 4 tr. (no 40t.r. on the company).
2) I received foreign exchange earnings much later than indicated in the passport of the transaction (2 or 3 months)
it was one time - provided an explanatory note stating that he had undertaken all possible actions for the indicated period (it was too early for the court) to receive the proceeds, i.e. corresponded with a partner, demanded money, received in return client's assurances of an early payment and delay due to his fault. provided a copy of the correspondence. Case closed, fine 0.
Another aspect is that the violation can be punished no later than a year from its commission. I had a funny episode with customs, when they wrote me letters and requested a bunch of documents in the old episode, and at the end. Before transferring the case to the RPM, I was asked what excuses I had — I answered in a letter that none, that it was so. They were happily surprised, but when I drew their attention that 14 months had passed since the episode, they were very upset and disappeared from the horizon on their own by closing the case.
Another couple of recommendations for the experience:
- on consideration of the case in the RPF, it will help you if you point out that already in the contract they tried to envisage ways to receive the proceeds in a timely manner, namely, a partial (well or full) advance payment was registered. In addition, it is good if the penalties for late payment are clearly indicated.
- Penalties for late payment must be calculated before going to the RFN and presented as evidence of your good faith.
- carefully look at your bukh - I saw a director with a bouquet (pieces 9) of violations of currency legislation, just because his boo learned about the peculiarities of currency legislation simultaneously with him from the claim.
Looking at him was sad.
Here, in general, all the basic "shoals" that can be accomplished without knowing it.
What can you advise globally?
Firstly, to be on guard in the process of activity, the inspection is carried out for the previous year - when it happens, you will not be able to fix anything, you will simply encounter a fact.
Secondly, when the verification itself will occur, try to communicate with the inspectors normally - there are the same people who, in principle, simply fulfill the laws, understanding their imperfection.
Third, and this is a radical option, remember the 9.5 rules for conducting secure IT business in Russia :)
Thank you for your attention and sorry for some confusion, I hope this post will help someone.
My company is already three years old and this year we have been included in the plan of currency control checks of RosFinNadzor for conducting foreign exchange transactions.
The verification continues, but now I would like to talk about some of the subtleties of conducting settlements in currency, which we, unfortunately, only learned during the verification process and which, by chance, we did not violate (I hope so, the test results will come later) .
')
This information will be useful both to those who are already conducting their activities, as well as to those who are only going to open a foreign currency account or register an LLC in general. I do not know how this applies to the PI, but in any case, be careful.
update from February 19
There are two main types of comments in the comments.
- according to such a letter - it is not necessary
- it's not as scary as described here if everything is done correctly
therefore, I am writing the required disclaimer here:
Yes, I agree that there are certain explanations that you can refer to in working with currency controls to minimize problems
Yes, I understand that if you know how to do the operations correctly, there should be no problems.
the trouble is that both need to be known in advance , this article, I hope, can be the first step to developing a certain literacy, to do everything right at once, and not after checking. Ideally, I would like to make a website that describes the main problems and pitfalls of currency activities, and tips on how to avoid these problems.
just as a result of this post I was contacted by a representative of currency control of one of the banks who are just interested in such a site - let's see, maybe something will work out!
update 2
Now this currency man has become a webweg habraiser , I beg to love and favor
Below I post it with comments, his advice will be much closer to the testing authorities than mine :)
How did the check start
In the fall, representatives of the local RosFinNadzor called me and reported that we entered the inspection plan for 2011, tentatively at the beginning of the year. We clarified where we are, the state, and if we act at all.
In principle, people are friendly, no severity, in general, you can talk.
Check began in late January.
To begin with, it was necessary to submit the following set of documents:
1. Certificate of state registration of legal entity.
2. Certificates of registration with the tax authority.
3. Charter, Memorandum of Association.
4. Certificate of Incorporation
5. Order on the appointment of the general director, the order on the appointment of the head of the head.
6. Passport manager.
7. Official duties of the head, official duties of the head of the head
8. Certificate of concluded and valid foreign trade contracts for 2010
This is just a Vordovian document - “such contracts were in force” with “such legal entities”, etc.
9. Traffic information on foreign currency accounts for 2010
Bank statements
10. Introduced trading contract with amendments and additions for 2010.
11. Passport transactions and statements of banking control for 2010.
12. Documents confirming the date of submission to the bank of the transaction passport, information for registration of the reissue of transaction passports.
13. Documents confirming the importation of goods from the customs territory of the Russian Federation or into the customs territory of the Russian Federation.
This does not concern us
14. Certificates of supporting documents.
15. Help on foreign exchange transactions.
16. Order on imposing on the official the obligation to provide certificates to the PS Bank confirming, as well as copies of the order of appointment, job description, passport, employment contract
Further work has already gone directly on the activities.
I must say that we accept payment on the fact of work and this is a very important point.
So, actually to the topic topic - what should be paid attention to in the process of activity and how it can threaten if this is not done
What and how can you break
And you can break up very simply.
All violations are subject to Article 15.25 of the Administrative Code.
Most of the fines in the process of currency control range from 75% to 100% of the amount of the received currency that was issued with a violation. Once again, for those who do not understand - if you have incorrectly issued a payment that came to you, for example, for 10 thousand dollars - the fine will be 7.5 thousand dollars.
1. The term of the mandatory sale of part of the currency earnings.
You must sell the received money in foreign currency within 7 calendar days from the date of receipt (with the adoption of new laws in 2011 - 15 days, but banks still do not know about it).
Is punishable by a fine of 75% of the amount of unsold currency (part 3 of article 15.25 of the Administrative Code)
Example:
The money came to you, and you forgot to sell it on time, and you did not write to the bank a statement that the money was not meant for you, give away a 75% fine when checking.
How not to make a mistake?
This is probably the easiest of all cases, the lower will be worse. Just do not forget to sell the currency.
By the way, the minimum amount of sale is 0 :)
update from webweg
from 27.02.2011, the deadline has been increased to 15 working days, and on this date, at least, it is necessary to provide CBO or refusal of the amount to the bank so that there is no violation. If there is no desire to sell the currency, it can be transferred from the transit account to the current currency account (then there is movement on the account and a fee will be charged for maintaining it) and then sold at any time. Or leave it on a transit account, but the CBO with the transfer code will still need to be provided (not all banks will go for it), and there will be no additional fees.
2. Paperwork for the payment in the currency.
Upon receipt of the payment upon completion of the work, you must submit:
- Certificate of currency transactions
- Certificate of completion
- Certificate of supporting documents (that the certificate of completion is an act of completion;)
incorrect execution of these papers (even if the bank accepted them!) is punishable by a fine of 4 to 5 thousand rubles for officials (read the director), and a fine of 40 to 50 thousand rubles for a legal entity (part 6, art. 15.25 of the Administrative Code)
Example:
You issued the payment documents, the bank accepted them, but you issued the documents with an error (for example, they were sealed in the passport number of the transaction).
You, as a director, will pay from 4 to 5 thousand rubles, LLC will pay from 40 to 50 thousand rubles.
How not to be mistaken?
There is no guaranteed advice here, no one is immune from error. Check and recheck, but usually banks are pretty tough on these documents, but still - be aware.
update from webweg
here really earn violations. Many documents PS, SVO, SPD, SPVRF. For each there is a time limit, which is regulated by the Instruction Manual of the Central Bank of Russia No. 117 and the Regulation of the Central Bank of Russia No. 258-p. If the documents with an error (wrong PS) the bank is obliged to refuse to accept such a document, and if you follow the letter of the law, then in writing with a notification.
3. The term of receipt of currency
And here we go to the most interesting.
Since the very fact of such a violation is surrealistic, I will explain it immediately in an example. In the meantime, I will bring the law:
part 4, art. 15.25. Code of Administrative Offenses
“Failure by a resident to fulfill within the prescribed period the obligation to receive foreign currency or currency of the Russian Federation to their bank accounts in authorized banks, due for goods transferred to non-residents, work performed for non-residents, services rendered to non-residents or intellectual property transferred to non-residents, including exclusive rights to them. "
It is punished, as you can guess, with a fine of 75% of the amount of unpaid money.
Example:
If you do not know about it, then take a deep breath.
Suppose your contract says that the payment term for the contract is 10 days from the moment of the invoice.
On February 1, you billed and did not pay much attention to the moment when it was paid. The counterparty paid the bill on February 15, the money came, you sold it, all the documents are in order. When checking RosFinNadzor asked you all the bills issued to customers for the period that they check. Found this one.
Congratulations, you violated this very fifth part.
Money came to the account? It does not matter, you had to make sure that the money was sent within 10 days, and once they were sent later, the money did not arrive in time. Please, after checking, please give 75% of this amount to the state.
How not to be mistaken?
But here you can give recommendations.
If possible, do not set the due date after issuing an invoice in the contract.
Moreover, do not specify in it the exact date of payment, any deviation - and you violated the law.
It is clear that this is not the best advice for concluding contracts, but the alternative is to demand from your clients to send a payment within a specified period, not a day later, and if they still sent it, write a statement to the bank that this money is not Your money was sent by mistake.
Well, or just hope that next year you will not get checked out :)
update from webweg
However, it’s still desirable to have time limits, since their absence makes you bad in the eyes of the inspectors. And you can write like this: payment for work within 15 days from the date of the invoice, but no later than 180 days.
4. Failure of currency
The case is even more interesting. The same 4th part of article 15.25. I will not rant. Just an example. Who does not know - inhale even deeper.
Example
You entered into a contract with a client, for example, for the provision of your services, for 11 thousand dollars (such a sum — for a round figure — why a round one — is slightly lower). Under the contract, you have issued a passport transaction, in which the entire amount of the payment is registered. Thousand dollars in advance, 10 thousand dollars - in fact.
The client transferred you a thousand dollars, you did all the work, the client disappeared, and you didn’t do anything. What does it mean that they did nothing from the point of view of RosFinMonitoring? Not sued, did not apply to the Chamber of Commerce.
What happened? And you broke the law. You have not received a currency within the prescribed period.
The size of the unpaid amount? 10 thousand dollars. This is exactly the amount from which you will be charged at least 75% of the fine.
In total, you received a thousand dollars from a client and paid 7.5 thousand dollars to the state in the form of a fine after verification.
How not to be mistaken?
Well, if a customer is good, he will not be lost. If the client is bad, then it’s better not to indicate any payment schedules in the process of issuing the passport of the transaction. In the end, it is better to describe in general that the work was for a thousand dollars, and the passport of the transaction - to issue without amount.
update from webweg
if it is not possible to sue or negotiate through the TTP, and the customer’s money isn’t waiting, you can either re-sign the certificate of completion, reducing its amount to 1k USD and submit this document to the bank together with the SPD (with the symbol * in group 8 ) (there are also dates 15 calendar days from the date of signing this document) or make a document about the forgiveness of the debt and also provide to the bank together with the SPD (with the document type code 14).
update by silenzushka
Conclude an agreement on how much you want, and make a passport transaction without the amount. Also avoid questions. Such a menthod is used when it is not known how much money will come from the client, for example, payment for travel services.
update by antom
I will add a little from my experience "How it happens" if you already have a violation:
1) Do not have time to provide supporting documents to the bank for incoming currency earnings.
I came across 2 times - once I was just on vacation, the second on a business trip. The RPM requested my version of the circumstances under which the violation occurred, I provided explanatory notes with a copy of the travel certificate and an order for leave + an excerpt from the staffing table stating that I could sign such documents alone in the company and in one case simply closed the case and wrote out the other I am fined 4 tr. (no 40t.r. on the company).
2) I received foreign exchange earnings much later than indicated in the passport of the transaction (2 or 3 months)
it was one time - provided an explanatory note stating that he had undertaken all possible actions for the indicated period (it was too early for the court) to receive the proceeds, i.e. corresponded with a partner, demanded money, received in return client's assurances of an early payment and delay due to his fault. provided a copy of the correspondence. Case closed, fine 0.
Another aspect is that the violation can be punished no later than a year from its commission. I had a funny episode with customs, when they wrote me letters and requested a bunch of documents in the old episode, and at the end. Before transferring the case to the RPM, I was asked what excuses I had — I answered in a letter that none, that it was so. They were happily surprised, but when I drew their attention that 14 months had passed since the episode, they were very upset and disappeared from the horizon on their own by closing the case.
Another couple of recommendations for the experience:
- on consideration of the case in the RPF, it will help you if you point out that already in the contract they tried to envisage ways to receive the proceeds in a timely manner, namely, a partial (well or full) advance payment was registered. In addition, it is good if the penalties for late payment are clearly indicated.
- Penalties for late payment must be calculated before going to the RFN and presented as evidence of your good faith.
- carefully look at your bukh - I saw a director with a bouquet (pieces 9) of violations of currency legislation, just because his boo learned about the peculiarities of currency legislation simultaneously with him from the claim.
Looking at him was sad.
Here, in general, all the basic "shoals" that can be accomplished without knowing it.
What can you advise globally?
Firstly, to be on guard in the process of activity, the inspection is carried out for the previous year - when it happens, you will not be able to fix anything, you will simply encounter a fact.
Secondly, when the verification itself will occur, try to communicate with the inspectors normally - there are the same people who, in principle, simply fulfill the laws, understanding their imperfection.
Third, and this is a radical option, remember the 9.5 rules for conducting secure IT business in Russia :)
Thank you for your attention and sorry for some confusion, I hope this post will help someone.
Source: https://habr.com/ru/post/284584/
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