Another registration LLC or a brutal war with the tax
About a year ago I wrote an article on the registration of individual entrepreneurs on my own. A year later, I decided to register a limited liability company.
This was the beginning of a warrior with a tax.
Since I did not have a legal address , I began to register the company with my home address, since our law does not prohibit this.
By own forces I prepared all package of documents. It was not at all difficult. As a precaution, a copy of the letter of the Ministry of Finance about the illegality of refusals to register at the home address was attached to the package of documents. I studied all the history of failures, operated on all the laws. I was fully armed. At least I thought so.
I applied for registration in MRI FTS No 13 in the Moscow region in Khimki on October 1, 2010 .
On the 10th day (with a delay) I receive a refusal dated three days earlier, so that I could not get to the bottom of the delay. Upon receipt of a refusal, they take a receipt from me. And the refusal says:
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Cunning move, right?
It became quite sad, but I decided not to dwell on it. There was little chance.
I decided to write a letter to the Federal Tax Service Administration for the Moscow Region, demanding to clarify the situation with the refusal, taking into account the letter of the Ministry of Finance.
After about 2 weeks I get a certificate of state registration from the 46th tax. I am happy. And on the same day I receive a response from the Office regarding my refusal. The answer is on 4 pages, of which only the last 5 lines are useful, which say:
It was a victory, while small but already a victory.
I was shocked. What does "instruct" mean? Where does such an initiative come from? Why do I need 2 identical companies?
I went to MIFNS number 13 to understand. I was kicked from office to office for 2 hours and nobody wanted to listen. When I got tired of it, I called the head and said that I was going to the police and writing a statement under Article 169 of the Criminal Code of the Russian Federation. After that, I was immediately accepted, explained the situation so that they would stop the registration procedure and demanded a return of the state duty. The tax authorities were in a state of shock, this was the first time they had a situation; they clearly did not know what to do. I wrote a statement on the return of the state duty and went home with peace of mind.
A month later, I receive a letter with the refusal to return the state. fees due to the absence of authentic payment documents .
Do you understand, yes? They demand a receipt for the payment of state from me. duties that they have in the registration department and I am not issued. I did not think that it happens.
There was only one way out - to contact management again.
This time I decided to make a call, explained the whole situation, demanded to remove from office all the officials involved in my case. I was told that they will understand and thanked for the appeal.
After 2 hours I call MRI FTS # 13, pretending that I don’t know anything, and ask why they refused. They tell me that apparently they were “not completely satisfied” with their refusal, and they decided to go to a meeting and review it. As a result, they decided to return the state tax.
March 5, 2011 the war was over, the state duty was returned to the current account
Results:
During the proceedings, the head of MRI FTS No. 13 in the Moscow region was replaced.
From this moment MRI FTS â„–13 does not refuse to register at the home address.
Needless to say, everything is bad in our country, we must fight and try to make sure that everything is good.
What I relied on:
Letter of the Ministry of Finance of the Russian Federation of December 3, 2008 N 03-01-11 / 5-159
Article 169 of the Criminal Code
This was the beginning of a warrior with a tax.
check in
Since I did not have a legal address , I began to register the company with my home address, since our law does not prohibit this.
By own forces I prepared all package of documents. It was not at all difficult. As a precaution, a copy of the letter of the Ministry of Finance about the illegality of refusals to register at the home address was attached to the package of documents. I studied all the history of failures, operated on all the laws. I was fully armed. At least I thought so.
I applied for registration in MRI FTS No 13 in the Moscow region in Khimki on October 1, 2010 .
Getting an answer
On the 10th day (with a delay) I receive a refusal dated three days earlier, so that I could not get to the bottom of the delay. Upon receipt of a refusal, they take a receipt from me. And the refusal says:
Among the documents submitted for registration are absent: An application for state registration of a legal entity when it is created in form P11011 (In accordance with Chapter I of the Civil Code, Article 288 p.3. non-residential. The transfer of premises from residential to non-residential is carried out in the manner determined by the housing legislation. In accordance with paragraph 2 of article 671 of the Civil Code of the Russian Federation, a legal entity may use residential premises only I have people stay).
')
Cunning move, right?
- First, a delay of 3 days.
- Secondly, the refusal due to failure to submit a statement, which of course was.
- Thirdly, the withdrawal of receipts so that I could not prove anything.
It became quite sad, but I decided not to dwell on it. There was little chance.
Letter 1
I decided to write a letter to the Federal Tax Service Administration for the Moscow Region, demanding to clarify the situation with the refusal, taking into account the letter of the Ministry of Finance.
Lyrical digression
While I was waiting for an answer, it just so happened that I had a legal address in Moscow. I went to the 46th tax and calmly filed documents for the state. registration.
After about 2 weeks I get a certificate of state registration from the 46th tax. I am happy. And on the same day I receive a response from the Office regarding my refusal. The answer is on 4 pages, of which only the last 5 lines are useful, which say:
During the consideration of this complaint, it was established that the package of documents for the state. The registration of LLC "..." complies with the requirements of Law 129-FZ. Thus, the MIFNS of Russia No. 13 in the Moscow Region illegally renounced a refusal in the state registration of the creation of the LLC "...".
It was a victory, while small but already a victory.
In the current situation, the Administration of the Federal Tax Service of Russia for the Moscow Region instructs MIFNS # 13 to carry out the state procedure. registration LLC "..."
I was shocked. What does "instruct" mean? Where does such an initiative come from? Why do I need 2 identical companies?
Debriefing
I went to MIFNS number 13 to understand. I was kicked from office to office for 2 hours and nobody wanted to listen. When I got tired of it, I called the head and said that I was going to the police and writing a statement under Article 169 of the Criminal Code of the Russian Federation. After that, I was immediately accepted, explained the situation so that they would stop the registration procedure and demanded a return of the state duty. The tax authorities were in a state of shock, this was the first time they had a situation; they clearly did not know what to do. I wrote a statement on the return of the state duty and went home with peace of mind.
Return month
A month later, I receive a letter with the refusal to return the state. fees due to the absence of authentic payment documents .
Do you understand, yes? They demand a receipt for the payment of state from me. duties that they have in the registration department and I am not issued. I did not think that it happens.
There was only one way out - to contact management again.
This time I decided to make a call, explained the whole situation, demanded to remove from office all the officials involved in my case. I was told that they will understand and thanked for the appeal.
After 2 hours I call MRI FTS # 13, pretending that I don’t know anything, and ask why they refused. They tell me that apparently they were “not completely satisfied” with their refusal, and they decided to go to a meeting and review it. As a result, they decided to return the state tax.
March 5, 2011 the war was over, the state duty was returned to the current account
Results:
During the proceedings, the head of MRI FTS No. 13 in the Moscow region was replaced.
From this moment MRI FTS â„–13 does not refuse to register at the home address.
Needless to say, everything is bad in our country, we must fight and try to make sure that everything is good.
What I relied on:
Letter of the Ministry of Finance of the Russian Federation of December 3, 2008 N 03-01-11 / 5-159
Article 169 of the Criminal Code
Source: https://habr.com/ru/post/284596/
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