The online KKM or new sticks in the wheels for freelancers - page 7

 

If your income is small and irregular, you can work as a natural person and pay 13% of your income.
Up to 215 tp a year is more profitable than paying 28 tp in fixed payments as a sole proprietorship.

If the income is large or regular, the individual may fall under illegal entrepreneurial activity, and then it is still better to be a sole proprietorship.

 
Sergey Golubev:

...


Either stop accepting funds from people, or, excuse me, move to Belarus where there are no such hassles and work normally there via e.g. skrill and a personal account in a Belarus bank.


I think by July 2018 the following will happen:

  • The termination of mass legal acceptance of payments for our profile in the Russian Federation, or

  • someone will make a payment agency on the type that already exists for online shops with a commodity range of goods (agency with many cash registers, data centre, etc.), and in this case, all sellers of such information services will have to conclude a contract with such agency (as it already is for commodity online shops). That is, people (customers) will pay via their paypal/webmani, etc. to the agency's paypal/webmani, and the money will come to you/us from the agency-legal entity (which provides acceptance of funds according to the law with all cash registers, etc.) to our PE or legal entity or individual. In this case, we do not need cash registers, and the agency takes a fixed fee per month + percentage of each transaction.
    Everyone will agree, as there will be nowhere to go.

That's it.

 
Sergey Golubev:

Someone gave a link here and I used it to find a video explaining to whom, when and what to do in this regard:


...


It starts with the words: "If you are required by law to have cash register equipment". Maybe you should start with that, and decide if you are obliged to have a cash register?

 
Dmitry Fedoseev:

It starts with: "If you are legally obliged to have a cash register". Maybe you should start there, and decide whether you are obliged to have a cash register?


There are many different interpretations.
I searched the Internet, and the interpretations of lawyers, including different tax authorities are sometimes directly opposite (and all refer to the articles of the law).

Most people here (and me) don't have a team of lawyers hired for the "excuse".

  • So - either stop accepting payments from individuals to the RF if you are a sole proprietorship or another legal entity (or a sole proprietorship and frequent regular acceptance - you still have to do a sole proprietorship...), or
  • wait, when someone with big capacity of computers and data centre will create for all of us in RF in our area of activity an agent for accepting payments (which have already been created for some items of online shops), and then the obligation to have online cash registers will be at agent (who will accept payments and send "goods"), and we all here (and everywhere about the profile) will accept payments from agent as legal entity (which will sell on our behalf under the contract).

Illegal way more expensive than legal (especially if "caught"), and offshore, prepaid cards, anonymous cards, foreign bank accounts and other "points" are possible if there is revenue starting from 30 thousand dollars a month. But even in this case (like 2Checkout) ask for name and surname with a document, address of residence (mine is Lenin Avenue), and where it is written in English on the Internet with an address and phone number. And Scrill asks also bank account in euros in Russia, and makes the account trading even for physical persons at regular money transfers from clients, and in this case there in Skrill a conclusion is possible only on own current account in euros in Russia with all delights of currency control, etc. (I'm not talking about 13% tax if you are a physical person).

By the way, there is a mistake in the video. A KKM is still needed when accepting funds online from/to Paypal, Robokassa etc. (because they are not aggregator-agents, which I wrote here, and all sorts of excuses from this law and the costs of it by official letters that are published on the Internet).

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But I think that most freelancers are not affected by this law on online cash registers.

 
Sergey Golubev:

...

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But I think that most freelancers are not affected by this law on online cash registers.


There is a clause in the law about payments through electronic payment systems, although it is not worded in a human way, but it is there. There is also a clause about remote location. There are also plenty of activities, even in retail trade, where it is permissible to work without a cash register: selling ice cream, drinks on tap, etc. - If even that can be done without a cash register, then a freelancer is even more so.

 
Dmitry Fedoseev:

There is a clause in the law about payments through electronic payment systems, although it is not worded in a human way, but it is there. There is also a clause about remote location. There are also plenty of activities, even in retail trade, where it is permissible to work without a cash register: selling ice cream, drinks on tap, etc. - If even that is allowed without a cash register, then a freelancer is even more so.


Receiving customer funds from paypal, webmoney, robo-cash, credit card and whatever else to your account/wallet in paypal webmoney, robo-cash, credit card, account settlement and whatever else over the internet - online cash register. Even if the client is from China, and you gave him an electronic receipt in Russian (which also have to send) is the home address of Lenin Avenue :)

But, as I understand it, if you do not have an IE and not a company, you do not need anything.

Someone has noted in the branch, that the portal such who need it - a minority (as most probably work as a natural person).

Of course, if someone has an income of more than 10-30 thousand dollars a month from core services, then he has definitely become an IE or a firm (for those and cash registers).

 

I spent a long time researching information on this law, and I searched a lot of forums and resources on this law, and eventually started the process:

at the moment.

VF, Rent cash register, Online Services ATOL for a year = 42 thousand (well, that can be paid monthly making an advance payment, by the way ATOL not the cheapest service, but they have ready integration with yandex.kasso through which I and took payments. And their tariff already includes OFD services, i.e. you do not need to pay there separately). Acceptance of payments for yandex Kassa I finalize on the site of their own or ready-made module will be used.

CEP = 3200 rubles, the purchase of a digital signature + software cryptoPo + rootkken. (went with this thing in the office tax, done well, but I would tear his hands to the programmer who made a bunch of cryptosystems with their site, came from 10 times )))) works only in Internet Explorer, but the site is very informative for me and saves me from unnecessary travel to tax officials, the second year 100% will renew EDS)

It only remains to introduce the necessary data into the payment form and I will probably be the first freelance programmer to legally accept money for his services legally and in accordance with the law! :-) And even give out receipts at the same time.


I read the blog ... I would like to comment a bit on some points:

- Freelancers in the Russian Federation were taken on board a long time ago. There simply wasn't a legal framework for all this e-commerce. But now they have created it, and are introducing it into all spheres of activity. They started with the sale of state services and the implementation of all this in all instances, and now, once they had prepared the software, they began to implement it in business.

- The law is not to be trifled with. If you work as a private person, and you regularly receive money from it, this is another article on illegal business activities. Do you think this won't affect you? They just have not taken up small freelancers yet, there will be so many cases and they will find evidence..... If you only take cash, they will arrange a test purchase. But let's hope it won't be soon).

from the internet:


Уголовная ответственность наступает за причинение особо крупного ущерба в сумме от 250 000 и более, и только после этого коммерция определяется как незаконная предпринимательская деятельность. Наказание физическое лицо (2016 г.) несет следующее: штраф в сумме до 300 000 рублей либо с дохода виновного за период до 2 лет; обязательные работы; арест. Если коммерческая деятельность, осуществляемая вне закона, повлекла за собой причинение ущерба в очень большом размере, то штрафные санкции здесь составляют от 100 000 рублей и достигают 500 000. Кроме того, виновному лицу может быть назначено наказание в виде изоляции от общества на срок до пяти лет, но с наименьшими денежными выплатами. - Читайте подробнее на FB.ru: http://fb.ru/article/271658/nezakonnaya-predprinimatelskaya-deyatelnost-nakazanie-fizicheskoe-litso-otvetstvennost-i-shtraf-za-nezakonnuyu-predprinimatelskuyu-deyatelnost

Of course, if your income is irregular, then forget it does not concern you, I have a month more than 10 thousand may come out only with about-forex activity, I have nowhere to go, otherwise it will not pay taxes on a large scale.

-There is alsoa clause about remote location.

There is, but this location must be prescribed in the article of the law and you have to be registered there to do business (Such places are few and then they are allowed not to send immediately the data on the checks to the tax authorities, and to accumulate them and when the Internet immediately send them). If you accept payments over the Internet to electronic purses, bank cards or through payment aggregators such as yandex.kassa, paymaster, rbk, etc. then online cash is mandatory. I think that in a year, if there are no amendments (I doubt there will be favours, there is no resonance against the law), all these services simply refuse to work with individuals without registration as a sole proprietorship and a cash register.

Незаконная предпринимательская деятельность: наказание. Физическое лицо: ответственность и штраф за незаконную предпринимательскую деятельность
Незаконная предпринимательская деятельность: наказание. Физическое лицо: ответственность и штраф за незаконную предпринимательскую деятельность
  • 2016.10.17
  • Ав. Марина Пислегина
  • fb.ru
Осуществление коммерческой деятельности без постановки на учет в налоговых органах преследуется по закону. Поэтому гражданину, который регулярно оказывает услуги или продает товары, просто необходимо зарегистрировать свой бизнес. В противном случае лицо могут ожидать штрафные санкции и даже изоляция от общества на срок до нескольких лет...
 
Alexandr Gavrilin:

...


Remind me, did you write somewhere here how much you pay per year for a current account? Give me a link, or just write again.

 
Dmitry Fedoseev:

Remind me, did you write somewhere about how much you pay per year for a current account? Give me a link, or just write again.


I pay 12,000 and a penny for the service at the bank.

 

I am from Bulgaria. All our cash registers have been online for a long time. Maybe for 10-15 years now. This is the case all over Europe, or maybe even the whole world.

Money is not as bad as it looks at first glance. There will be companies which offer a complete service - the delivery of a cash register together with the rest of the registration and other details about connecting the cash register to the tax office.


The way things are done in Bulgaria is as follows:

1. I decide to set up a business which will bring in cash.

2. Registering a new company

Searching for internet cash register and registering services. There are such vendors by the thousands.

4. I order by phone or via Internet.

5. After 2 hours or a maximum the next day I receive the cash register, documentation and everything else about the connection to the tax office (our tax office).

6. Paying about 100-500 BGN, depending on the model of cash ($50-250).

7. That's all - I start working straight away.


I will say about the following, which will appear and you, if you have not yet appeared:

1. Each person has his personal account at our tax office

2. All state and big private companies have to give information to the tax inspection about the income and expenditure of each person (whether he has bought a car, travelled abroad, stayed somewhere in a hotel, etc.).

3. in this way the tax inspectors keep a personal account and if it turns red (you have spent more money than you have earned) they send you a letter demanding lots of documents and proofs of all your incomes and expenses from the last 5 years. The job is personal income and expenses (yours and the family's).

4. If you prove with these documents, that you have legally earned more than you have spent, it all comes to an end.

5. If you do not have time to prove, or if the tax office does not recognize your proofs, then proceed to the second level of the game - s you already start being engaged in an investigation, which already has the right to search the flat or office, confiscate documents or kompyturi and generally the service is already engaged with predstitelstvam, and not you. This procedure usually ends up in court, and there you know .........