How to pay taxes on forex - page 5

 
-Aleks-:

The topic is interesting and relevant in the light of new legislation.

What I want to say is this:

1. a sole proprietorship cannot carry out entrepreneurial activities from personal accounts (other bank accounts) opened not on the sole proprietorship but belonging to an individual. The income received in such accounts will be subject to personal income tax, not STS.

2. When registering an IE does not automatically receive the USN - must be attached to the registration application.

3. A sole proprietorship cannot trade in a DT (no idea how).

4. Transaction passport is opened for the contract, so the total amount of income under the contract will be monitored.

5. Foreign brokers, unless it is a kitchen, usually withhold the equivalent of personal income tax under the law of their country - this does not exempt you from paying personal income tax in the RF.

6. You need a duly certified broker's report to get a personal income tax deduction, to pay tax only on profits.

7. If the purpose of payment says "refund by agreement", then in my opinion there is a chance in court to prove that it was not income but your funds that came back, but to do this you need to prove that they came to the DC. Seeing as how the money comes through the pads, this will be difficult to do.

Conclusion - large depo is more profitable and safer to trade in RF.

1.1) I understand from the forum http://forum.klerk.ru/showthread.php?t=514605 that there is no tax ban on the use of personal accounts for individual entrepreneurs. The only thing that may be prohibited is the agreement with the bank. You should look for a bank which has no such ban in its agreement.

1.2) Regarding personal income tax http://itakprosto.ru/otchetnost/usn-ip/kogda-ip-na-usn-platit-ndfl/ "If an individual entrepreneur has switched to the simplified taxation system, he is exempt from paying personal income tax... PIT exemption applies only to income from entrepreneurial activities. If you indicated these activities when registering as an individual entrepreneur, they will not be" So if income is received as part of the activities of an individual entrepreneur, personal income tax is not paid (and to which account the income was received - personal or individual entrepreneur - it does not matter).

3) The overseas DC does not care whether you are an individual entrepreneur or not. But once you have received the transfer to your personal account, it is a good idea to convert this into a sole proprietorship activity and pay 6%. The only obstacle is the agreement with the bank. I.e. look for a bank where the agreement does not prohibit the use of the account for entrepreneurial activities.

I read about our DCs that they pay personal income tax for all individuals and sole proprietors. For a sole proprietorship, I think you can make a return of this personal income tax, since it is entered in the activities of a sole proprietorship, I think for the tax authorities it will be a legitimate argument. I.e. the personal income tax paid by the CP should be refunded and the simplified taxation system should be paid.

With everything else - I agree with you).

Имеет ли право ИП принимать оплату на карту, открытую на физ.лицо?
Имеет ли право ИП принимать оплату на карту, открытую на физ.лицо?
  • 2014.01.28
  • echinaceabel
  • forum.klerk.ru
Дорогие друзья, очень нужна ваша помощь! Открываем ИП на УСН 15, интернет-магазин. Специфика деятельности такова, что всю оплату от клиентов будем принимать по безналу, причем оплату необходимо принимать именно на карту, которая будет открыта на владельца ИП (т.е на физ.лица). Могу ли я, после открытия ИП, открыть на себя личный карт-счет в...
 
elibrarius:

1.1) As I understand from the forum at http://forum.klerk.ru/showthread.php?t=499964, there is no ban by the tax authorities on the use of personal accounts for sole proprietorships. There can only be a ban in the agreement with the bank. You need to look for a bank which does not have this ban in its agreement.

1.2) Regarding personal income tax http://itakprosto.ru/otchetnost/usn-ip/kogda-ip-na-usn-platit-ndfl/ "If an individual entrepreneur has switched to the simplified taxation system, he is exempt from paying personal income tax... PIT exemption applies only to income from entrepreneurial activities. If these activities you indicated when registering as a sole trader, they will not" So if income is received as part of the activities of a sole trader, personal income tax is not paid on it (and to which account the income was received - personal or a sole trader - it does not matter)

3) The foreign DT does not care whether you are an individual entrepreneur or not. Once you have received a transfer to your personal account, it is a good idea to convert it into a sole proprietorship activity and pay 6%. The only obstacle is the agreement with the bank.
I've read about our retail outlets that they pay personal income tax for all, both for individuals and for sole proprietors. For a sole proprietorship, it seems to me it is possible to return this personal income tax, since it is entered in the activities of a sole proprietorship, I think for the tax authorities this will be a legitimate argument. I.e. the personal income tax paid by the CP should be refunded and the simplified taxation system should be paid.

1.1) Ok, I misspoke. The law does not explicitly regulate this issue. In any case, in order to distinguish between business income and income received on other grounds, documents are needed - contracts, deeds and reports.

1.2) The point is that the contract should be with the individual entrepreneur, and OKVED does not play a role here, in my opinion the essence of the action is the most important...

3) The obstacle is the lack of an agreement with a sole proprietorship and the problem of documentation in general.

About the fact that in Russia to withhold personal income tax and IE will - here the question is not clear, but in any case it is more profitable than to pay the entire amount of personal income tax or USN.

Expenses IE can take into account any that are associated with its business activities and confirmed by documentation, but with income ... the question is not straightforward.

In general, what OKVED are you going to do?

 
elibrarius:

....
2) set up a sole proprietorship (simplified taxation system, "income" type of taxation) and pay 6%.

...

What makes you think you can be on the simplified taxation system at 6%?
 
elibrarius:

...

I am already a sole proprietorship UST 6% with no employees.

...
What kind of business?
 
Dmitry Fedoseev:
What type of business activity?

A year ago, when registering, I added

OKVED 65.23.4 - Conclusion of swaps, options and other exchange transactions
OKVED 65.23.1 - Capital investments in securities

and immediately switched to the simplified tax system 6%.

 
-Aleks-:

1.1) OK, I misspoke. The law does not explicitly regulate this issue. In any case, in order to distinguish between business receipts and receipts on other grounds, documents are required - contracts, deeds and reports.

1.2) The point is that the contract should be with the individual entrepreneur, and OKVED does not play a role here, in my opinion the essence of the action is the most important...

3) The obstacle is the lack of an agreement with a sole proprietorship and the overall problem in the documentation.

About the fact that in Russia to withhold personal income tax and IE will - here the question is not clear, but in any case it is more profitable than to pay the entire amount of personal income tax or USN.

Expenses IE can take into account any that are associated with its business activities and confirmed by documentation, but with income .... the question is not straightforward.

What sort of OKVED do you intend to use?

Yes, I also think the biggest problem is that with foreign brokerage companies there is only an offer agreement on their websites. I have not tried to transfer money to IE with offers. Although on the Internet there are descriptions of the success of such actions (not for forex, but for advertising in Adsense, but I think it will be the same). http://life-trip.ru/google-adsense-vyvod-sredstv-na-valyutnyj-schet/
Google Adsense - вывод средств на валютный счет
Google Adsense - вывод средств на валютный счет
  • 2014.12.05
  • Олег Лажечников
  • life-trip.ru
Теперь с Google Adsense деньги можно выводить вполне легально, так как появилась возможность вывода в долларах на долларовый счет. Все официально и без костылей.
 
elibrarius:
Yes, I also think the biggest problem right now is that with foreign brokerage companies there is only an offer agreement on their websites. I have not yet tried to transfer money to the account of IE with an offer. Although on the Internet there are descriptions of the success of such actions (not for forex, but from advertising in Adsense, but I think it will be the same). http://life-trip.ru/google-adsense-vyvod-sredstv-na-valyutnyj-schet/

Foreign VCs, as I understand it, are not brokers, and Forex is not an exchange, and therefore it is doubtful that they will fit

OKVED 65.23.4 - Execution of swaps, options and other exchange transactions
OKVED 65.23.1 - Capital investment insecurities

As I said earlier, the money may come from a third party, which is not in any way specified in the offer, and the purpose of payment may be different - there is also a need to carefully check everything beforehand.

And, if the FTSA decides that the income is not from a sole proprietorship, but from a physical person, it is a good idea to have a certified report from the broker on the transactions made in order to try to get a deduction for personal income tax.

 
-Aleks-:

Foreign DCs, as I understand it, are not brokers, and Forex is not an exchange, so it is doubtful that they will fit.

OKVED 65.23.4 - Execution of swaps, options and other exchange transactions
OKVED 65.23.1 - Capital investment insecurities

Before registering a sole proprietorship, I searched the forums for OKVEDs for forex, these seemed the closest.

As I said earlier, the money may come from a third party, which is not specified in the offer, and the purpose of payment may be different - here also should all be carefully pre-checked.

But third parties in transfers - this is already bad( And how to check until you receive the transfer is unclear.

And, if the FTSA decides that the income is not from a sole proprietorship but from a physical person, it is a good idea to have a certified broker's report on the transactions made in order to try to get a deduction for personal income tax.

Foreign brokers will definitely not bother with it.... If only the domestic ones...

No one seems to have gone down this road yet. Apparently everyone pays 13% of personal income tax...

And if anyone has carried out income from Forex, as a sole proprietorship - please write an article. I think it would help a lot of people.

 
elibrarius:

A year ago, when registering, I added

OKVED 65.23.4 - Conclusion of swaps, options and other exchange transactions
OKVED 65.23.1 - Capital investments in securities

and immediately switched to the UST 6%.

Interenso. What will the deposit count as, working capital or means of production?
 
Dmitry Fedoseev:
Interenso. What will the deposit be considered, current assets or means of production?

Well, if you are taxed at 6%, the tax authority will not be interested in contributions to the deposit, i.e. expenses. They will be interested in how much money came into your bank account and whether you paid 6% on the amount of receipts.

In the case of 'income minus expenses' of 15% - I think the deposit contributions can be charged as an expense, the main thing is to justify their involvement in the activities of the sole proprietorship.