How to pay taxes on forex - page 7
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There is no such rate - 20%! It's about the professional tax deduction for personal income tax (the USO for sole proprietors) - point 1 of Article 221 of the Tax Code.
Yes, I was wrong about 20%.
I.e. you have to pay 13% for personal income tax.
As already mentioned, when you work with residents you don't have to pay or file a tax return, they are obliged to withhold the tax (personal income tax) themselves.
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FAS East Siberian District in its Decree of 07.05.2008, N A33-7119/07-F02-1814/08 in the case of N A33-7119/07 indicated that, in accordance with the provisions of Law N 39-FZ, professional activities in the securities market provided for in Chapter 2 of Law N 39-FZ, may only engage legal entities.
Thus, only legal entities have the right to engage in brokerage activities, therefore, an individual entrepreneur has no right to engage in brokerage activities.
Furthermore, FAS East Siberian District in a Decision dated 06.10.2009 in case N A74-13/09 indicated that as the entrepreneur himself did not perform activities for gaining profit from the sale of securities as he acted through brokers, his expenses and income received from the purchase and sale of securities cannot be recognized as having been received and incurred from his business activity. Such income and expenses must be attributed to the income and expenses of a natural person from whose amounts the tax agents must withhold personal income tax.
It follows from the above that income received by an individual entrepreneur from the purchase and sale of securities through brokers is not income derived from entrepreneurial activities.
However, as indicated by the FAS East Siberian District in a Decree dated 07.05.2008 N A33-7119/07-F02-1814/08 in the case of N A33-7119/07, the rules of law does not exclude the possibility of an individual registered as an individual entrepreneur, transactions in securities in the capacity of an individual through an agent - professional securities market participant.
In addition, from the Letter of the Ministry of Taxes and Levies of Russia of 12.08.2004 N 04-3-01/500@ it follows that receipt by an individual of income from transactions with securities owned by him on the basis of ownership rights, carried out through an intermediary organization, can not be classified as receiving income from entrepreneurial activities.
Therefore, organization-broker paying income to an individual from operations with securities within the effective brokerage services agreement is the tax agent and irrespective of the status of an individual, should calculate, withhold and transfer the tax amount to the budget (Letters of the Ministry of Finance of 19.03.2010 N 03-04-06/2-40, dated 07.12.2006 N 03-05-01-04/328).
On the basis of the above it follows that an individual entrepreneur has no right to conduct brokerage activities and income received by an individual entrepreneur from the purchase and sale of securities through brokers is not income received from entrepreneurial activities.
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With non-residents withdrawing to their physical account, there is no clear answer yet. The use of physical accounts is not encouraged, but also not prohibited, the money received can be declared as income (from activities, in principle, no matter what, "activities related to the use of computer technology and information technology," for example), under simplified tax system 6%. Alternatively, open a new personal account to receive income from a non-resident and notify the tax and pension authorities within 7 days of the use of this account.
http://www.buhonline.ru/forum/index?g=posts&t=171273
With non-residents, withdrawing to their physical account, there is no clear answer yet. The use of physical accounts is not welcomed but is not prohibited either, the money received can be declared as income (from activities, in principle it does not matter what kind, "activities related to the use of computer equipment and information technology" for example), under the simplified taxation system of 6%. Alternatively, open a new personal account to receive income from a non-resident and notify the tax and pension authorities within 7 days of using this account.
As of May 2014, there is no longer an obligation to notify the tax authorities of the opening of a PE account http://russia-in-law.ru/uvedomlenie-ob-otkryitii-raschetnogo-scheta-ne-trebuetsya/
But the plans to use a personal account of a natural person for the activities of an individual entrepreneur - probably still need to. And you are probably right that it is better to open a new account of a physical person for the activities of the IE. because if you use the old, which for example, 10 years - the period of 7 days has long passed. In addition, it will then be easier to separate the transfer of IE and personal, from which no tax should be withheld. Or, classically - an IE account.
It would be better if non-resident broker will make transfers in rubles. The amount of tax will be known immediately.
If the transfer will be in foreign currency, there is an obligation for legal entities to exchange all currency into roubles. I am not sure about IE, but this is probably the same. The tax is calculated, at the CB exchange rate on the date of receipt of currency in the account + if at the date of exchange in rubles, the rate has changed and gave a small profit, then it too is taxed. In general, the calculation procedure for currency transfers is a little more complicated. If the individual entrepreneur is not obliged to sell the currency, then the exchange rate of the Central Bank on the date of receipt of the currency is simply taken into account.
Can we ask our DCs/brokers if they can provide us with a brokerage report showing all currency buying and selling transactions!
If such a report is not given, then the question arises, how can the FIRS prove the source of income? If there are no documents, then it will be a gift, or there is a chance that the money previously transferred will be returned. Or the FFS will examine all your arguments and decide that this is your winnings, and winnings are taxed at 13% and there can be no deductions here.
Suppose the DC provides a statement showing your income from each transaction, which is taxable income, but after deducting expenses, are you sure that unprofitable transactions will be recognised expenses?
Can we ask our DCs/brokers if they can provide us with a brokerage report showing all currency buying and selling transactions!
If such a report is not given, then the question arises, how can the FIRS prove the source of income? If there are no documents, then it will be a gift, or there is a chance that the money previously transferred will be returned. Or the FFSI will examine all your arguments and decide that it is your winnings, and winnings are taxed at 13% and there can be no deductions here.
Suppose the DC provides a statement showing your income from each transaction, which is taxable income, but after deducting expenses, and are you sure that loss-making transactions will be recognised as expenses?
Tax must be paid on what you have withdrawn to your bank accounts. 13% on personal income tax (DC residents will do it for you, as they are tax agents). Taxes from payments to non-residents - you calculate and pay them yourself. Either 13% for personal income tax, or if you want to save money and are not afraid of paperwork - 6% by opening a sole proprietorship. But there is no clear plan of action yet for working as a sole proprietorship. And is it even possible...
What makes you think that you have to pay on the amount received in the account? You have to pay on the income, and the amount in the account has to be identified - this is true for a natural person and for a sole proprietorship.
This is why the question of identification of the amount arriving is acute.
When the declaration 3-NDFL, by analogy with the trade in shares and bonds, then specify the amount of income - i.e. the value of the sold asset and the amount of expenditure - i.e. the funds spent on the purchase of the asset (you can add the associated costs, for example interest on repo).
What makes you think you have to pay on the amount coming into your account?
Here's how Alpari works http://www.alpari-broker.ru/ru/taxation/#6 "When withdrawing funds, the company withholds personal income tax from the amount that the client indicated in the Withdrawal Order" - this money is transferred to your account and it is this amount that you have to pay 13% on. Alpari and other resident brokers (if they are tax agents) will do this for you. I believe that you should do the same with transfers from non-residents, but you have to calculate 13% yourself, pay it and draw up your personal income tax.
Again, resident brokers will do everything themselves, considering you a natural person. You will unlikely be able to work with them as a sole proprietorship.
Non-residents usually only provide you with an agreement - an offer at their website. The source of the transfer will be indicated in the documents when the payment arrives + you will have an offer agreement. For transfers from Google - Adsense (he is a non-resident) this is enough for the bank to credit the transfer to the IP's account description here http://life-trip.ru/google-adsense-vyvod-sredstv-na-valyutnyj-schet/. Hopefully, for transfers from a non-resident broker, this will also be enough. If there is no offer in Russian, I will have to make a notarized translation.
I myself will try to do all this as a PE at the end of 2016, if I can make money on forex. For now, we are gathering ideas together on how to do it properly....
Here's how Alpari works http://www.alpari-broker.ru/ru/taxation/#6 "When withdrawing funds, the company will withhold personal income tax from the amount that the client has specified in the Withdrawal Order" - this money is transferred to your account and it is this amount that you have to pay 13% on. Alpari and other resident brokers (if they are tax agents) will do this for you. I believe that you should do the same with transfers from non-residents, but you have to calculate 13% yourself, pay it and draw up your personal income tax.
Again, resident brokers will do everything themselves considering you a PE. It is unlikely that you will be able to work with them as a sole proprietorship.
Non-residents usually only provide an agreement - an offer on their website. The source of the transfer will be indicated in the documents when the payment arrives + you will have an offer agreement. For transfers from Google - Adsense (he is a non-resident) this is enough for the bank to credit the transfer to the IP's account description here http://life-trip.ru/google-adsense-vyvod-sredstv-na-valyutnyj-schet/. I hope that for transfers from non-resident broker this will also be enough.
I myself will be trying all this as a sole proprietorship at the end of 2016, if I can make money on forex. For now, we are gathering ideas together on how to do it correctly....
We should decide if we are talking about Forex (brokerage) or stock trading (brokerage), bonds and other financial instruments?
I think they are wrong when they say that you have to pay at the moment of transferring the money because you have to open a bank account where your money will be deposited and this means that when you buy-sell an asset you will get the financial result for your account.
However, according to clause 12 of Article 214.1 of the Tax Code. Article 214.1.12 of the Tax Code
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The financial result shall be determined for each operation and for each set of operations referred to in sub-paragraphs 1-5 of paragraph 1 of this Article, respectively. The financial result is determined at the end of the tax period unless otherwise established by this article. In this case, the financial result for operations with financial instruments of futures transactions traded in the organised market with the underlying asset being securities, stock indices or other financial instruments of futures transactions with the underlying asset being securities or stock indices, and for operations with other financial instruments of futures transactions traded in the organised market shall be determined separately.
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It is the ability to determine the financial result at the end of the tax period that makes it possible to declare and carry forward losses.
-Aleks-
Suppose the DC provides a statement showing your income on each transaction, which is taxable income, but after deducting expenses, and you are sure that loss-making transactions will be recognised as expenses?
You have hit the nail on the head.
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elibrarius
You have to pay tax on what you have withdrawn to your bank accounts.
You are fairy tales, however, profit in the RF for a given business is considered... Read Medvedev's decree.
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-Aleks-
The financial result is determined at the end of the tax period
Here again, everything is correct, period by period ... and you don't care whether the transaction is closed or not.