Recent changes to invoices. What is an account adjustment in Sberbank Refusal account adjustment

The Central Bank of the Russian Federation, in collaboration with Sberbank, VTB, Gazprombank, Otkritie, Alfa-Bank, NSPK and Qiwi, are creating a kind of Fintech association. The main goal of this association is the creation of a platform for instant payments (p2p). According to representatives of the Central Bank of the Russian Federation - for the convenience of the population in terms of the instant transfer of funds between individuals and in payment for work and services.

The transfer amount, apparently, will be limited - no more than 100,000 rubles. Payments can be made through mobile app. The option of Internet services is being considered, which will be compatible with the platform of the Central Bank of the Russian Federation and its payment system.

Reading all this, the question involuntarily arises: why do we need another payment system? They are already full. There are also online systems for instant money transfer. Why spend public money (and, I suppose, a lot) and time to develop something that already exists and works great?

You can, of course, answer that officials have nothing else to do. But every medal has a reverse side, which mere mortals do not need to know about.

"Clerk" tried to figure it out.

Has control over the financial transactions of citizens begun?

Over the past few years, the Central Bank of the Russian Federation has been actively developing and implementing guidelines for commercial banks in the field of implementing the provisions federal law dated 07.08.2001 No. 115-FZ “On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism”. It is enough to list the main ones:

Bank of Russia Regulation No. 321-P dated August 29, 2008 (Appendix 8);
Letter of the Central Bank of the Russian Federation of December 31, 2014 No. 236-T “On increasing the attention of credit institutions to certain customer transactions”;
Bank of Russia Regulation No. 375-P dated March 2, 2012 (as amended by Directive of the Central Bank of the Russian Federation No. 4087-U dated July 28, 2016).

The content of all these documents pursues one goal - to control in the most severe way financial operations(cash flow on accounts) of legal entities and individual entrepreneurs.

So far, such strictly regulated control has not been observed in relation to transactions of individuals. Although many individuals have already faced the blocking of their card accounts and went through the procedure of explanations with representatives of the servicing bank regarding the funds received on the card account.

I believe that having completed the work on regulating the operations of legal entities and individual entrepreneurs, the Central Bank of the Russian Federation has now taken up the income of individuals.

The possibility of transferring funds from a card to a card of an individual, indicating only its number, appeared in Russia several years ago. According to the internal statistics of the Central Bank of the Russian Federation, at present, the quarterly turnover of such transactions of citizens in individual banks reach tens of billions of rubles (for example, in the first quarter of 2017, individuals - clients " Tinkoff Bank» made transfers from card to card in the amount of about 70 billion rubles, and in VTB and VTB-24 the volume of such transfers amounted to about 37 billion rubles, for Sberbank the figure is 2.6 trillion rubles).

Representatives of Sberbank note that an increasing number of individuals open card accounts and actively use them to pay for various kinds of services provided, including by other individuals who are not individual entrepreneurs. However, for such citizens, such transfers are taxable income (according to Article 209 of the Tax Code of the Russian Federation), and it is these citizens who are in no hurry to pay taxes on the income received. By general rule if the citizen who received the income is a resident of the Russian Federation, then he must pay personal income tax on the amount received in the amount of 13%, if a non-resident - 30%.

For example, a freelance accountant serves legal entities and individual entrepreneurs, with whom work is based on an officially concluded contract. Respectively, cash arrive on his card account already minus the personal income tax withheld by the customer. However, there may be clients, including individuals, who simply transfer money to his card account for the services rendered. And he does not pay any taxes on this money. And here there are fears whether they will be able to tax authorities track such payments and file claims against him.

What does the FTS say?

According to information received from lawyers specializing in tax legal relations, such attention may be rather accidental, initiated during the tax audit of the customer of services - legal entity or IP. In turn, representatives of the Federal Tax Service note that a mass check of all individuals for the purpose of receiving undeclared income has not yet been carried out. But, as you know, in the event of obtaining information, the tax authorities have the right to conduct tax audits in relation to individuals (Article 89 of the Tax Code of the Russian Federation).

Also, representatives of the Federal Tax Service draw attention to the fact that information on the movement of funds on the taxpayer's account is not unambiguous evidence of income received by the taxpayer. And a bank statement on cash flow on a current account cannot serve as sufficient evidence to establish the fact of transactions for the sale of goods or services.

Who is at risk? These are, as a rule, realtors, persons receiving income from foreign assets, self-employed citizens (freelancers, persons providing various kinds of services, or performing various kinds of work for individuals).

According to paragraph 2 of Art. 86 of the Tax Code of the Russian Federation, the tax authority may request information from banks on the accounts of individuals who are not individual entrepreneurs, only with the consent of the head of a higher tax authority, the head of the Federal Tax Service or his deputy - in cases of tax audits for these citizens. However, as experts of the Federal Tax Service point out, such a restriction does not apply if an individual is actually engaged in entrepreneurship without registration.

And the judges?

Arbitrage practice on holding individuals liable for non-payment of tax in such situations and additional personal income tax is not developed, since the tax authorities simply do not have mechanisms to detect the facts of citizens receiving such income.

Cashless transfers between individuals are allowed, and banks do not have to notify the tax office of each payment of each of their clients. Apparently, in order to eliminate precisely this gap, the Central Bank of the Russian Federation took care of creating a single payment platform in order to implement the ability to track payments of individual bank customers in one resource.

What are the risks now?

And even with the current system, lawyers note that there is a certain risk. According to Law No. 115-FZ, a bank, having established the fact of regular receipt of funds by a client, has the right to request information from him about their origin, and if he does not receive a response, he has the right to block the account.

In turn, the tax authorities can ask the bank about the status of the account and find undeclared income. In this case, in addition to the additional assessment of personal income tax, additional fines in the amount of 20% of the unpaid tax amount are applied.

Thus, it is quite possible that in the near future the situation with the taxation of undeclared income of individuals will begin to change.

What kind cash income individuals are not subject to personal income tax? First of all, it's money without limit amounts donated individual who is not an entrepreneur(clause 18.1 of article 217 of the Tax Code of the Russian Federation). Therefore, when transferring money to a card, it is better to notify the sender about the indication in the column "Purpose of payment" in the comment field "Donation". Then the likelihood of claims from the tax authorities will decrease. Released from personal income tax for the services of nannies and nurses, tutors, house cleaners who are not individual entrepreneurs, but notifying the tax authority about the status of a self-employed citizen(Clause 70, Article 217 of the Tax Code of the Russian Federation). Incomes for other works and services, as well as income from rental housing, are generally subject to personal income tax, for which the tax service will need an additional source of information, for example, tenants or neighbors of the rented apartment. Lawyers also assure that if a person does not declare the income transferred to the card, or forgets to reflect some part of the income, and tax service these funds will not be revealed, the inspection will not be able to carry out additional tax assessment and impose penalties.

P.S. The editorial office is preparing material on what schemes the tax authorities are looking for when checking the use of bank cards.

Hello everyone who is not indifferent to the problems of people! Help to return the money stolen from Sberbank accounts!

My story has begun more than a year ago, I talked about this on my social pages. networks, I will tell you. In February 2016, without any passwords and data transfer, 3,000 rubles were written off (see below - stolen) from me, at the moment when I was in my personal account, paying bills.

An appeal to the Sberbank branch on Oktyabrskaya Street, Chapaevsk, Samara Region, did not lead to anything. I wrote a statement at the place of residence, in the police this issue was dealt with by gr. Isaev. However, I received only a reply "contact the prosecutor's office." After some time, my android began to live its own life, began to blink, "dance", and receive and send incomprehensible SMS. The result is another 2,000 rubles stolen from the card! When I contacted the same branch of the Bank again, they assured me that they would deal with my issue within 60 days, and advised me to equip mobile device antivirus. Since then, I have been using it. But it was not there.

In July, my family was about to move to another area, on the eve of departure, my husband and I went to an ATM located in the children's clinic in Chapaevsk. At that time, I had 20,500 rubles on my card. At the first request, the ATM gave me 10,000 rubles (withdrawal limit), I made a second request - refusal! The balance is at zero, so, from under my nose, right while working at an ATM, it took 10,500 rubles. Already upon arrival in the Shigonsky district, in the village. Shigony, I again turned to the local branch. Here, the head of the department, clearly followed my operations through the database, and offered to write a statement again (the third in a row - no stranger!) Since then, July-August 2016, there has been no answer or greetings from Sberbank employees!

The last straw in this story was my, not long ago, cashing out of funds from my DEBIT card, in the city of Syzran, the Moskva shopping center, through the Zemsky Bank ATM, in the amount of 3500 rubles + 100 rubles commission. Two days later, I receive an SMS message about an amendment to the account in the amount of 3500. hotline, the girl tried to prove to me that the amendment was correct, that is, I withdrew my money 3500, these 3500 are making me a minus, which I must pay off in order to use the card again! Thus, they tried to convince me that I withdrew 0 rubles from my card or borrowed my money from them, or something chaotic ...

What do I want to achieve? Return of their 15500! Of course, the money is not big, but we need it! I live in countryside, my child is growing, and besides, why should I give my money to those who cannot even ensure the safety of their DEAR clients??? And also, I want to stop this arbitrariness, with the theft of funds from the accounts of Sberbank customers!

(I am attaching screenshots of the last operation performed by the Savings Bank on 06/14/17, and their apologies and promises to correct the error, which will wait until 07/04/17!)

Sincerely, Evgenia Goncharenko

According to official data from many analytical companies, the popularity of bank cards among Russians is growing every year, and this process is even faster than in other countries of the world. The vast majority of cards in the country are issued by Sberbank, that is, the largest and most famous bank in Russia. This month, this credit institution introduced new rules for plastic holders, which everyone must be aware of in order not to allow anyone to infringe on their rights or, on the contrary, violate them.

We are talking about two laws at once that changed the rules for using bank cards. The new requirements apply not only to cards issued by Sberbank, but in general to those from all financial institutions in Russia, because the law is the same for everyone. In particular, from September 4, all banks are required to promptly provide detailed information cardholders if they request it. Previously, nothing like this could be done, but some banks still provided such an opportunity.

This requirement applies to all cards, but stronger than others - credit. The holder of such, according to the law, can now turn to Sberbank or another bank that issued it, and then demand to tell him in detail about what interest is waiting for him, how much he will have to pay for insurance, whether the Grace period and so on. All these data must be reported by any accessible ways, that is, by phone number, at a bank branch, or in some other way, for example, through an online chat on the official website.

In addition, already on September 26, that is, on next week, another law comes into force, which concerns the blocking by banks of suspicious transactions made using bank cards. If suddenly financial institution at the time of the operation of debiting money from the account, something seems suspicious, it has the right to freeze it for up to two days. In this case, the bank is obliged to contact its client and request his personal confirmation of the transaction. This is a kind of protection against scammers, but how exactly it will work in practice is still unknown.

If within two days the owner bank card does not get in touch, the operation is automatically unfrozen and funds are debited from the account in favor of the person for whom they are intended. Suspicious transactions include large amounts of money, the transfer or withdrawal of which is unusual for a particular client. For example, if for many years a Russian has not transferred more than 5,000 rubles to someone at a time, and then suddenly decides to send 200,000 rubles, then the transaction will most likely be frozen to confirm its legitimacy. Sberbank, like other banks, will start reporting this via SMS or by calling a bank employee.

Legal advice:

1. My husband was sentenced under Article 111, part 4 to 8 years in a strict regime. How long does it take for him to get parole? Are there any amendments to this now?

1.1. Will be able to apply for parole after 2/3 of the time. There were no amendments.