Forex dealers to stop operating in Russia after the New Year - page 2

 

Here in detail

Указание о требованиях к стандартам саморегулируемой организации форекс-дилеров Э.С. НАБИУЛЛИНА
Указание о требованиях к стандартам саморегулируемой организации форекс-дилеров Э.С. НАБИУЛЛИНА
  • 2015.10.26
  • Server Muradasilov
  • www.mql5.com
Зарегистрировано Министерством юстиции Российской Федерации 14 октября 2015 года Регистрационный № 39309 13 сентября 2015 года № 3797-У УКАЗАНИЕ О требованиях к стандартам саморегулируемой организации...
 
Server Muradasilov:

Here in detail

Highlighted the essentials:

the procedure for informing clients that the forex dealer is a tax agent in accordance with Russian law

provisions stipulating that the prices for the currency pairs having analogues on the Russian or foreign exchange market must not differ from the current values of the respective best price (for purchase or sale) by more than 0.5 per cent.

9. The Standard that approves the procedure for settlements with the Client shall contain provisions stipulating that the period for refund of money to the Client by the forex dealer must not exceed two business days from the date of receipt by the forex dealer of the Client's request for refund of the money.

-----------------

Total sucker jurisdictional question : if the DC is registered in Cyprus, it is a foreign company, right? So it cannot be a tax agent in RF, right?

 
Alexey Volchanskiy:

Total sucker jurisdictional question : if the DC is registered in Cyprus, it is a foreign company, right? So it cannot be a tax agent in the RF, right?

It is not.
 
Alexey Volchanskiy:

-----------------

Total sucker jurisdictional question : if the DC is registered in Cyprus, it is a foreign company, right? So it cannot be a tax agent in the RF, right?

If a foreign company has a representative office in Russia, it is a tax agent.

I am concerned with a different question - will there be a tax deduction for personal income tax, since the taxable income is not the delta between the purchase and sale price, but the sale price, and the purchase price is a tax deduction, which must be properly confirmed - who will give such reports to the DC?

 
-Aleks-:

If a foreign company has a representative office in Russia, it is a tax agent.

I am concerned with a different question - whether a tax deduction for personal income tax will be granted, since the taxable income is not the delta between the purchase and sale price, but the sale price, and the purchase price is the tax deduction, which must be duly confirmed - who will give such reports to the DC?

A company's representative office is a separate legal entity. A representative office of a company registered in the Russian Federation is a tax agent of the Russian Federation.

A company registered outside the RF is not.

 
-Aleks-:

If a foreign company has a representative office in Russia, it is a tax agent.

I am concerned with a different question - whether a tax deduction for personal income tax will be granted, since the taxable income is not the delta between the purchase and sale price, but the sale price, and the purchase price is the tax deduction, which must be duly confirmed - who will give such reports to the DC?

When I worked in the St. Petersburg branch of an American company, we got our salaries in quid and paid taxes ourselves once a year. That was 2009, have the rules changed now?
 
Alexey Volchanskiy:
When I worked in the St. Petersburg branch of an American company, we got our salaries in quid and paid taxes ourselves once a year. This was 2009, have the rules changed now?
Were you officially employed by the company and officially paid your salary in US dollars?
 
Дмитрий:

A representative office of a company is a separate legal entity. A representative office of a company registered in the Russian Federation is a tax agent of the Russian Federation.

A company registered outside the RF is not.

You are mistaken - a company's representative office is not a legal entity, it is in fact a separate subdivision - often a branch, but not of a Russian company, but of a foreign company.

Alexey Volchanskiy:
When I worked at the St. Petersburg branch of an American company, I got my salary in quid and paid taxes by myself once a year. It was in 2009, have the rules changed?

This is not legal - the only thing they could do is to register you territorially in their country - i.e. the place of work was not RF, legally.

 
-Aleks-:

You are mistaken - a company's representative office is not a legal entity, it is in fact a separate subdivision - often a branch, but not of a russian company, but of a foreign company.

)))) show me a representative office of any foreign company in russia and I will show you how it is registered in russia as a russian legal entity.

bet!

 
Дмитрий:

)))) show me a representative office of any foreign company in russia and I will show you how it is registered in russia as a russian legal entity.

you bet!

Perhaps you are talking about conditional representations - subsidiaries of foreign legal entities.

Art. 48 OF THE RUSSIAN CIVIL CODE

"

A legal entity is an organisation that has separate property and is responsible by it for its obligations, can acquire and exercise civil rights and incur civil obligations on its own behalf, and can be a plaintiff and defendant in court.

"

Art. 55 CIVIL CODE OF THE RUSSIAN FEDERATION

"

1. A representative office is a separate subdivision of a legal entity located outside its seat, which represents and protects the interests of the legal entity.

2. A branch is an economically autonomous subdivision of a legal entity that is located outside its location and performs all or part of its functions, including the functions of a representative office.

"

Of course, a representative office is subject to registration in the Russian Federation, but it is not a separate legal entity. It does not even have a charter.

I am not interested in betting, I know for a fact - I have had and still have various foreign representations.