Does my DC have full access to the code of the EA in the terminal? - page 6

 
papaklass:
The shortest and most effective way is to make a request to the tax office where you live. They should give you an official answer within one month with references to the legislation. When you receive the answer, it will be clear what to do and how to do it.

Eh... Take your word for it. Do you think they will give you an answer that suits you? You will not only be told "fuck off" but also "effectively explain" that you do not have to pay 13 percent but, for example, 26 percent. With the same reference to the law. The problem is that if there are gaps in the law, the fiscal authorities will in 99.98% of cases interpret the law not in your favour. That is why "making an enquiry to the tax authorities at your place of residence" is the shortest and most ... controversial way and not the most effective one. Sorry for the abruptness, if anything.

 
Lizar:

So the powder keg is doing it without registration.

I have tried to outline the problems of "small business" in the forex market above. From my own perspective, so to speak. Therefore, it seems that it would be easier if every client "made their own earnings" with the help of an expert and then shared (in one way or another) with the author.

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 vendor 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 fact 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?

 
Yedelkin:
There are at least two differences: retention of income tax by bank and currency control when money is transferred across borders.

A foreign bank is not supposed to charge tax to a citizen of a foreign country.

That is why, as a last resort, you will have to deal with the taxes yourself, while the bank can only freeze the accounts or provide information on transactions on them on official request.

AlexSTAL:

What income tax? What are you talking about????

You fill out a W-8BEN there, and here you pay the same 13%...

I want to add - 13% on any amount of income. And according to some Russian lawyers' recommendations, it is even taxable if the profit is withdrawn from the account (or something like that).
Yedelkin:

An official Russian bank independently withholds 13% income tax - the client has no worries.

Well, he's right to withhold, that's why he's a tax agent. It is true that there are other cases (when the client has already paid taxes or the amount is not taxable).

At the expense of "don't bother" - Who is forcing? You file a report once a year and do not pay tax "every month". If you make a withdrawal to a Russian bank, you or your friends will be charged 13% (as prescribed).

Yedelkin:

Foreign exchange control does not bother me, but my friends: they know better how, when and where to disclose their money. I myself am not yet familiar with the intricacies of currency control, so I cannot explain in detail.

"I have never had any problems with it"? - Do you work with sums of 20 Kilobucks and more? Then I will certainly pass your words on.

On the subject of currency control - as far as I understand Russian legislation, there are certain amounts allowed to be exported/imported without any kind of declaration.

They probably appear in bank transfers as well. I do not remember exactly, but it seems to be either 5000 or 10000 American rubles.

And in general, most likely this issue can also be resolved, because I hope your friends have not made their fortune in drug and arms trafficking.

 
Lizar:
If you take money in management, it is better to register as a sole proprietorship. It will be more correct and safer for you, less in terms of taxes too.

Not necessarily, then the PE will have to show the type of activity in securities or something similar.

There will be a lot of difficulties and unnecessary reports. And so (if investors trust the trader) the trader is only responsible for trading operations.

Документация по MQL5: Стандартные константы, перечисления и структуры / Торговые константы / Типы торговых операций
Документация по MQL5: Стандартные константы, перечисления и структуры / Торговые константы / Типы торговых операций
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Стандартные константы, перечисления и структуры / Торговые константы / Типы торговых операций - Документация по MQL5
 
Yedelkin:

There is a provision in some banking law such as "individuals may carry out foreign exchange transactions unrelated to business activities". Accordingly, the banking regulations for forex contain something similar. But how are the activities of individual entrepreneurs regulated in this field, I have not found. In the list of activities that a sole proprietorship must specify when registering, I have not yet seen anything suitable for forex trading either. So 6% tax is good, but I do not want to get on a powder keg.

Addendum. Also, when the income is officially paid out to the shareholders, you will most likely have to calculate and withhold 13% from their income as a tax agent yourself. So what's the use of an oyster?

Forex is still a blank spot in Russian law. If there is a possibility, then they are guided either by general principles or by stock market legislation (which is at least somehow prescribed).

13% is paid from Forex and securities (taxed as other types of income at the general rate). You will hardly be able to register as a sole proprietor on forex, there is no such law and there is no such type of activity (as far as I know). But for the securities, you are welcome, but then you'll have to fill in a bunch of reports and do a lot of other things. And the tax will be all the same - 13%.

 
Interesting:

...withdraw the funds to a Russian bank and you or your acquaintances will be charged 13% (as prescribed).

The source of income payment is recognised as the tax agent. I don't think that if you just transfer money to a Russian bank, it will withhold tax and issue certificates about it.
Interesting:

... I hope your acquaintances did not make their fortune in the drug and arms trade.

Well, it's not for us to ask them about it :) The answer will always be the same: "I was fixing the primus.
 
Yedelkin:
The source of income payment is recognised as the tax agent. I do not think that if you just transfer money to a Russian bank, it will withhold tax and issue certificates about it. Well, it is not up to us to ask them about it :) The answer will always be the same: "I was fixing the primus.

Tax can be withheld, certificates for an additional fee.

Only by and large, these certificates are of little interest to the tax authorities (so only if you take them as a safety net).

If the bank somehow determines that it is necessary to take the tax, the funds will be deducted from the account even without your consent.

The bank can also easily write off funds at the request of the tax office or prosecutor's office (but that is a separate song).

 
Interesting:

Tax can be withheld, certificates for an additional fee.

Only by and large, these certificates are of little interest to the tax authorities (so only if you take them as a safety net).

If the bank somehow determines that you need to take the tax then the funds will be deducted from the account even without your consent.

Also the bank can easily write off funds on request of tax authorities or prosecutor's office (but this is a separate song).

1. Honestly, I have not dealt with this aspect of Russian banks, but if the bank is not a source of income, on what grounds can it pry into the client's affairs? Otherwise banks would withhold tax on all money transfers which is not the case.

2. A bank statement is a weighty official document that income tax has been withheld from the amounts of income declared to the tax authorities. In a free format.

 
Yedelkin:

1. To be honest, I have not dealt with this aspect of Russian banks, but if the bank is not a source of income, on what basis can it interfere in the client's business? Otherwise banks would withhold tax on any remittances, which is not the case.

2. A bank statement is a weighty official document that income tax has been withheld from the declared amounts of income. in free format.

1. From any they cannot. So if anything, they will deal either with the client or with the tax authorities.

Almost everyone knows that banks are part of the deposit insurance system, many know exactly what this system is. But very few people know that these banks are also part of another system - the system against money laundering.

There are limits on transfers of funds from clients' accounts and limits on deposits into these accounts (I mean the amounts that a client does not have to confirm and which are not covered by legislation).

2. There is a set of certificates that will be given to the client without any payment, but there are also certificates that will be made at the client's request for a certain fee, even if at first glance the client's request looks absurd (especially in a commercial bank).

Once a long time ago I was given a certificate of a certain content in the bank, for the tax. they took for it 100 rubles. As I recall, the tax authorities did not really want to use the certificate (they would sort it out with the bank if they wanted to).

 

This is what I found on the Internet regarding taxation of securities

When should a commercial bank that is a tax agent calculate and pay personal income tax on the purchase and sale of securities: at the end of the tax period or upon each payment of funds to an individual under such transactions?

In accordance with clause 8 of Article 214.1 of the Tax Code of the Russian Federation the tax base for operations of sale and purchase of securities is determined by tax agents - brokers, trustees or other persons carrying out operations under an agency agreement, other similar agreement in favor of the taxpayer, at the end of the tax period. Tax shall be calculated and paid by such tax agents at the end of a tax period or when they pay money to the taxpayer before the end of the next tax period.
In case of cash payment before the expiry of the next tax period the tax shall be paid from the share of income determined according to Article 214.1.8 of the Tax Code. The share of income shall be determined as the product of the total amount of income by the ratio of the amount of payment to the value of the securities (cash).
A tax agent (broker, trust manager or other person performing transactions under an agency agreement or other similar agreement for the taxpayer's benefit) must calculate and pay tax when it pays money to the taxpayer before the expiry of the next tax period. In this case, if the payment of funds to the taxpayer made more than once during the tax period, the calculation of the amount of tax is made cumulatively with the offset of previously paid amounts of tax.


S. Kolobov

Counselor of the Tax Service
of the Russian Federation, 3rd rank

Signed in print, 19.05.2004 "Finansovaya Gazeta. Regional issue", 2004, N 21

Reason: