Does my DC have full access to the code of the EA in the terminal? - page 7
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As for the types of activities in this area (never mind for whom), I have found the following options under OKVED:
65.23.1 - Capital investment in securities
65.23.2 - Activities of dealers
65.23.4 - Execution of swaps, options and other exchange transactions
67.11- Financial market management
67.11.1 - Activities of stock, commodity, currency and foreign exchange exchanges
67.11.11 - Activities to organise trading on financial markets
67.12- Exchange dealing in securities
67.12.1- Brokerage activities
67.12.2 - Securities management activities
There may be some more opportunities in consulting and intermediation, but that is for amateurs.
I was interested in which of these activities do not require licensing and can be accessed by an ordinary sole proprietorship.
Some time ago I received a certificate with a certain content from a bank for the tax authorities. They charged me 100 rubles for it. As I recall, the tax office was not very keen on using the certificate (they would sort it out with the bank if they wanted to).
It's not harshness, it's stupidity. ...You want to learn from your mistakes? God help you.
Interesting, you do realise that the forex business is a source of controversy.
I have tried to outline the problems of "small business" in the forex market above. From my own perspective, so to speak. I have tried to explain the problems of "small business" in forex, from my own perspective, so to speak.
As for registration, I repeat: well, I have not found for registration such a type of d-tie as "speculating on forex". And I have not found the rules of IE on Forex. Not a watermelon trader to register.
If you dig deeper, only very few people understand that from a legal point of view, we are not trading currencies, as such. And all the letters of the Ministry of Finance are based on the premise that Forex trading is currency trading. Because some official who drafted the text of the letter decided so. What is there to talk to them about?
Name things correctly and the answers will come. You are in the margin trading business, try digging in that direction and everything will fall into place.
Call things correctly and the answers will come. You are engaged in marginal trading try to dig in this direction and everything will fall into place.
Yes, however whichever way all thatconcerns the securities at the legislative level is described in Russia at 50 percent of the required, while what concerns Forex at 10 percent of what is on securities.
And if you trade on the basis of the overseas legislation you feel yourself "in the legal field" (in the official work of course, but on the semi-legal options).
But there are also peculiarities that need to be known and taken into account.
Call things correctly and the answers will come. You are in margin trading try digging in that direction and everything will fall into place.
What you and I call "margin trading" does not change the essence of the matter. Or can you cite letters from officials that give the right answers to the 'rightly named things'? :)
...However, I'm not going to fight the belief in a reasonable official :)
The only sensible letter on Forex I have found.
от 15 декабря 2009 г. N 03-04-06-01/321
Question: A bank, on behalf of a client who is a natural person and on the basis of a margin trading agreement, carries out transactions on the domestic and international FOREX markets. As a result of the transaction, the bank transfers the income of the client, who is a natural person, to his margin trading account.
The Bank requests clarification:
1. Is the Bank a tax agent for personal income tax when paying income on such transactions to the client-individual?
2. If the Bank is a tax agent, what should be considered as an object of personal income tax - the amount which is credited to the guarantee-trading account of the client as income (as the balance of income plus transactions with a loss)?
Answer: Tax and Customs Tariff Policy Department has reviewed the letter of ZAO dated 19/11/2009 #7239 regarding calculation and payment of tax from income received by individuals from Forex market transactions and in accordance with Article 34.2 of the Tax Code of RF (hereinafter referred to as the Code) clarifies the following.
Pursuant to section 1, article 226 of the Code, Russian organizations, from which or as a result of relations with which the taxpayer received income, are obliged to calculate, withhold and pay the tax on income of individuals.
The exception is income for which the calculation and payment of tax is made in accordance with Articles 214.1, 227 and 228 of the Code.
In accordance with subparagraph 2 of paragraph 1 of Article 228 of the Code for the sale of property owned by an individual, the calculation and payment of tax by the person itself.
Paragraph 2 of Article 38 of the Code states that property in the Code means the types of objects of civil rights (excluding property rights) related to property in accordance with the Civil Code of the Russian Federation (hereinafter - the Civil Code).
Article 141 of the Civil Code stipulates that the types of property recognised as currency valuables and the procedure for transactions therewith shall be determined by the law on currency regulation and currency control. In accordance with Paragraph 5 Article 1 of the Federal Law of 10.12.2003 N 173-F3 "On currency regulation and currency control" currency valuables are foreign currency and external securities. Thus, in accordance with the Civil Code, foreign currency is recognised as property.
Based on the above, when an organisation pays income received as a result of operations on the Forex market to a taxpayer, such organisation is not recognised as a tax agent. In this case, the tax is calculated and paid by the taxpayer itself on the basis of the tax returns submitted to the tax authority at the end of the tax period.
S.V. Razgulin, deputy director of the department
The fact that you and I call it "margin trading" does not change the essence of the matter. Or can you cite letters from officials that give the right answers to the "rightly named things"? :)
...However, I'm not going to fight the belief in a reasonable official :)
I do not live in Russia and I am not particularly interested in studying Russian laws. Under Ukrainian law, only legal entities can trade on the stock and currency markets.
So physical persons proudly calling themselves traders (here) do not trade. It is not clear at all what they do, and once it is not clear, but the income is 13% of income and the money is clean. By the way, when working with DCs from any bank (we) automatically withdraw these 13% when withdrawing money from the trading account to the account. So do not bother with this, let the bank comes up with a reason why he transferred your money from his account, and you just provide the tax office with a bank statement, which you can always get at the bank.