The ability of an individual to make non-cash transfers in foreign currency directly depends on whether such a person is a resident of the Russian Federation for the purposes of currency regulation. In turn, citizens of the Russian Federation are recognized as residents, with the exception of those permanently residing or temporarily residing (on the basis of a work or study visa) in a foreign state for at least a year (subparagraph “a”, paragraph 6, part 1, article 1 of the Law of 10.12.2003 N 173-FZ).
Cases when non-cash transfers in foreign currency are allowed and prohibited
Transfers in foreign currency between residents and non-residents, as well as between non-residents, are carried out without restrictions (Article 6, Law N 173-FZ).
Transfers in foreign currency between residents are prohibited, except for established cases, including (clauses 12,, 17, part 1, article 9 of Law N 173-FZ):
Residents can also make transfers foreign exchange to their own bank accounts both in the territory of the Russian Federation and abroad. There are no restrictions on the amount in this case.
Non-cash transfers in foreign currency can be made both from an account opened with a bank and without opening such an account.
Cashless transfers from an account opened with a bank
When making a non-cash transfer in foreign currency from your account, you need to contact the bank where you have an account and submit certain documents.
So, you will need to present a document proving your identity and provide information about the recipient of the transfer (full name, name and details of the bank in which the recipient has an account, and the recipient's account number). In addition, you will need to submit documents that the bank may request from you in order to carry out currency control including:
1) when making a transfer for an amount exceeding USD 5,000 (or the equivalent at the exchange rate of the Bank of Russia on the date of debiting Money), — information on confirmation of the recipient's currency accounting status (that the recipient is a non-resident). Banks independently determine in what form such information should be provided. This may be, for example, a copy of the passport of a citizen of a foreign state of the recipient or an indication of the non-residence of the recipient in the column "Purpose of payment" of the payment document;
2) when making a transfer to one's own bank account outside the territory of the Russian Federation, a notification submitted by a resident to the tax authority at the place of its registration on the opening of this account with a note from the tax authority on its acceptance. This notification shall be submitted only at the time of the first transfer. In the future, it is not required;
3) when making a transfer to your spouse or close relative - documents (copies thereof) confirming kinship, in particular a citizen's passport, birth or marriage certificates.
These documents are not required if you are making a transfer to your spouse or relative to his account opened with a bank outside the territory of the Russian Federation for an amount not exceeding USD 5,000 (or the equivalent at the exchange rate of the Bank of Russia on the date of debiting the funds).
Cashless transfers without opening an account
Cashless transfers without opening an account to individuals are carried out through the systems money transfers.
For their implementation, it is necessary to make sure that there are service points of the selected system in the country and city of presence of the recipient of the money transfer. As a rule, service points are banks with which payment systems have a contractual relationship.
At the service point payment system you will need to present a document proving your identity and provide information about the recipient of the transfer (name of the recipient of the transfer, country, city). After depositing funds at the cash desk, you will be given a control code or other transfer identifier. This information will need to be transferred to the recipient of the transfer so that he can receive the funds.
Translation without opening bank account carried out within a period of no more than three business days from the date of provision of cash for such a transfer (part 5 of article 5 of the Law of 06/27/2011 N 161-FZ).
When making a transfer from the Russian Federation without opening a bank account through an authorized bank, there is also a limit on the amount of the transfer. So, transfer within one business day through one bank cannot exceed the amount equivalent to 5,000 US dollars at the exchange rate of the Bank of Russia on the date of application for the transfer (clauses 5, 9, part 3, article 14 of Law N 173-FZ; Instruction of the Bank of Russia dated 30.03. 2004 N 1412-U).
Note!
With the introduction by a foreign state prohibitions in relation to payment systems whose operators are registered with the Bank of Russia, a cashless transfer without opening an account can be carried out from the Russian Federation to such a state if the payment system operators, payment infrastructure service providers, foreign organizations (except for foreign banks and credit organizations), on the basis of agreements with which the transfer is made, are under control Russian organizations ( part 1, 2 tbsp. 19.1 of Law N 161-FZ).
Features of electronic money transfer
A cashless transfer without opening a bank account is also possible when transferring electronic money (hereinafter referred to as EMF) using electronic payment systems (for example, WebMoney, Yandex.Money and Qiwi). At the same time, the requirements of the currency legislation of the Russian Federation (part 3 of article 5, part 24 of article 7 of Law N 161-FZ) apply to transfers of EMF in foreign currency.
Reference. Electronic money
Electronic funds are such funds that are previously provided by an individual to an EMF operator to fulfill their monetary obligations to third parties and in respect of which this individual has the right to transfer orders exclusively using electronic means of payment ( paragraph 18 of Art. 3 of Law N 161-FZ).
In this case, an individual can provide funds to the EMF operator with or without using a bank account. Also, funds in his favor can be provided to the EMF operator by organizations or individual entrepreneurs, if such an opportunity is provided for by the agreement between the individual and the EMF operator. In turn, the latter forms a record on the amount of funds provided to him (parts 2, 4, article 7 of Law N 161-FZ).
The transfer of EMF in favor of their recipients is usually carried out on the basis of an order of an individual - the payer, in individual cases- at the request of recipients of EMF. At the same time, payers and recipients of EMF can be clients of either one or several EMF operators (parts 7, 8, article 7 of Law N 161-FZ).
As a rule, the transfer is carried out by simultaneously accepting the payer's order by the EMF operator, reducing its EMF balance and increasing the recipient's EMF balance by the amount of the transfer. Transfer using a payment card specially designed for this is carried out within a period of no more than three working days after the EMF operator accepts the payer's order. More short term may be provided for by an agreement between the EMF operator and the payer or by the rules of the payment system. After that, the transfer of the EMF becomes irrevocable and the payer's monetary obligations to the recipient of the EMF are terminated (clause 26, article 3, part 10,,, 17, article 7 of Law N 161-FZ).
| Document's name: | |
| Document Number: | 508 |
| Type of document: | Letter from the Bank of Russia |
| Host body: | Bank of Russia |
| Status: | Inactive |
| Published: | No. 63, 09/30/97 Bulletin of the Bank of Russia |
| Acceptance date: | August 27, 1997 |
| Effective start date: | September 30, 1997 |
| Expiration date: | June 18, 2004 |
| Revision date: | August 20, 2002 |
CENTRAL BANK OF THE RUSSIAN FEDERATION
The procedure for making foreign currency transfers from
Russian Federation and to the Russian Federation without
opening current foreign currency accounts
(as amended on August 20, 2002)
Repealed from June 18, 2004 on the basis of
instructions of the Bank of Russia dated June 15, 2004 N 1450-U
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Document as amended by:
by order of the Bank of Russia dated October 24, 1997 N 02-469;
(Russian newspaper, N 182, 26.09.2002).
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Bank of Russia Ordinance No. 1412-U dated March 30, 2004 (effective from June 18, 2004) establishes that when foreign exchange transactions a resident individual has the right to transfer from the Russian Federation without opening a bank account in an authorized bank foreign currency or the currency of the Russian Federation in an amount not exceeding in equivalent 5000 USD determined using the official exchange rates of foreign currencies against the ruble established by the Bank of Russia on the date of the instruction to the authorized bank to make the said transfer.
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. - Note "CODE".
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Currency transactions carried out by authorized banks on behalf of individuals (residents and non-residents) in accordance with this letter are reflected in the Journal of foreign currency transfers made without opening a current currency account. See Appendix 2 to Bank of Russia Directive No. 137-U of January 15, 1998.
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The procedure for disbursement of funds in foreign currency was explained by letter No. 88-T dated March 10, 1999 from the Bank of Russia.
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1. The "Procedure for making foreign currency transfers from the Russian Federation and to the Russian Federation without opening current currency accounts" (hereinafter referred to as the "Procedure") establishes the rules for making transfers in foreign currency without opening current currency accounts in authorized banks on behalf of individuals (residents and non-residents) from the Russian Federation, as well as the receipt by individuals (residents and non-residents) in the Russian Federation of foreign currency transferred in their favor from abroad.
The procedure does not apply to individual entrepreneurs (residents and non-residents). Individual entrepreneurs transfer foreign currency from the Russian Federation and receive the transferred foreign currency to the Russian Federation in accordance with the currency legislation only through current currency accounts opened with authorized banks.
The procedure does not apply to transfers by individuals of foreign currency from the Russian Federation and receipt by individuals of foreign currency transferred to the Russian Federation, if these transfers are related to the implementation entrepreneurial activity, investment activity or the acquisition of real estate rights.
Transfer from the Russian Federation and receipt in the Russian Federation of foreign currency in accordance with the Procedure is carried out through the operating unit authorized bank(branch of an authorized bank) (hereinafter referred to as the "authorized bank").
2. The transfer of foreign currency from the Russian Federation and the receipt of the transferred foreign currency to the Russian Federation is carried out by an individual (his representative) upon presentation of a passport or other substitute document proving the identity of an individual (a residence permit in the Russian Federation - for foreign citizens and stateless persons, if they permanently reside on the territory of the Russian Federation, an identity card of a serviceman or a military ID - for servicemen of the Russian Federation), submission of an order (application), other documents in cases established by the Procedure, as well as a power of attorney when making or receiving a transfer by a representative .
3. The application for transfer from the Russian Federation and receipt of foreign currency transferred to the Russian Federation must specify:
Surname, name, patronymic, identity document (number, series, by whom and when issued) of the sender of the payment (when transferring from the Russian Federation);
Surname, name, patronymic and full address of the payee, identity document (number, series, by whom and when issued) of the payee (when transferring to the Russian Federation);
The amount of the transfer and the purpose of the transfer in accordance with the Procedure;
Date and signature of the individual.
In the order (application) for the transfer from the Russian Federation and receipt of foreign currency transferred to the Russian Federation by an individual, an entry is made confirming that this transfer is not related to the implementation of entrepreneurial activities by the individual (for example, "the currency transaction being performed is not related to the implementation of entrepreneurial activities" ).
4. When an individual submits documents that do not meet the above requirements, as well as in case of refusal to provide the documents required in accordance with the Procedure, the authorized bank does not transfer (issue) foreign currency.
5. Foreign currency transferred to the Russian Federation, in cases and subject to the conditions provided for by the Procedure, may be an authorized bank:
a) issued in cash;
b) credited to the transfer recipient's current currency account opened with an authorized bank.
6. When issuing a transfer in cash foreign currency, the authorized bank issues to the transfer recipient a certificate f.0406007, issued in the manner established by the Bank of Russia, which is the basis for exporting cash foreign currency abroad.
At the same time, in the section "Received by the client" in line 7 "Amount (in words)" of the certificate f.0406007, the note "received by transfer from abroad" is made.
In case of receipt of a transferred foreign currency to the Russian Federation by a representative of an individual, a certificate f.0406007 is issued in the name of the person represented in the manner prescribed regulations Bank of Russia.
7. Foreign currency transferred to the Russian Federation shall be credited by the authorized bank to balance account 071 "Unpaid transfers from abroad".
If it is impossible to pay the transfer due to the lack of payment instruction correspondent bank or due to the non-appearance of the transfer recipient, the foreign currency transferred to the Russian Federation is returned by the authorized bank to the non-resident bank after 6 months from the date of crediting the foreign currency to the balance account 071 "Unpaid transfers from abroad".
8. Cash foreign currency can be transferred to the Russian Federation in favor of a non-resident individual without limiting the amount.
9. Foreign currency can be transferred from the Russian Federation by a non-resident individual if the non-resident previously:
a) transferred foreign currency to the Russian Federation;
b) withdrew cash foreign currency from his current currency account opened with an authorized bank;
c) bought cash foreign currency in the domestic foreign exchange market the Russian Federation in the manner prescribed by the Bank of Russia;
d) imported cash foreign currency in compliance with the customs legislation of the Russian Federation;
e) received foreign currency from the sale of payment documents in foreign currency to an authorized bank in the manner established by the Bank of Russia.
10. When making a transfer of foreign currency in cash, one of the following documents must be submitted to an authorized bank:
a) certificate f.0406007, issued in the manner established by the Bank of Russia, which is the basis for the export of cash foreign currency abroad (in the cases specified in subparagraphs "a", "b", "c", "e" of paragraph 9 of the Procedure) ;
b) a document issued by the customs authority confirming the import by a non-resident individual of foreign currency in cash (in the case specified in subparagraph "d" of paragraph 9 of the Procedure).
The transfer of foreign currency from the Russian Federation in accordance with clause 9 of the Procedure is carried out within the amounts indicated in the document issued by the customs authority confirming the import of cash foreign currency by a non-resident individual, or in the certificate f.0406007.
11. Receipt by a resident individual of foreign currency transferred to the Russian Federation may be carried out when transferring foreign currency to the Russian Federation:
By a resident individual in his own name;
By a non-resident in the name of a resident individual;
By a resident individual in the name of another resident individual.
12. When an individual receives a foreign currency transferred to the Russian Federation that is not related to the implementation of entrepreneurial activities, as well as investment activities or the acquisition of rights to real estate, the application for receiving foreign currency must indicate the basis for the transfer (donation, repayment of debt under a loan agreement, etc.).
If, in accordance with the legislation, the conclusion of a transaction is required in writing, then upon receipt by an individual of foreign currency transferred to the Russian Federation, in addition to an application for receiving foreign currency, the relevant documents must be submitted.
13. In accordance with paragraph 6 of Article 6 of the Law of the Russian Federation "On Currency Regulation and Currency Control", resident individuals have the right to transfer, export and forward from the Russian Federation foreign currency previously transferred, imported or sent to the Russian Federation, subject to customs rules in within the limits specified in the declaration or other document confirming the transfer, import or transfer of foreign currency to the Russian Federation.
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Federal Law No. 28-FZ of February 27, 2003, from March 15, 2003, changed the procedure for exporting cash foreign currency from the Russian Federation, established by Articles 6 and 8 of the Law of the Russian Federation “On Currency Regulation and Currency Control” of October 9, 1992 N 3615- one . - Note "CODE".
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In accordance with paragraph 4 of paragraph "d" of Article XXX of the Articles of Agreement of the International Monetary Fund, a resident individual is entitled to make moderate amounts of private transfers for current expenses. Such a transfer should not be related to the implementation of entrepreneurial activities, as well as investment activities or the acquisition of rights to real estate. The transfer cannot exceed 2,000 US dollars or other foreign currency equivalent to this amount.
With such a transfer, a resident individual submits to the authorized bank a certificate f.0406007, which is the basis for exporting cash foreign currency abroad. The specified transfer can be made by a resident individual no more than once in one business day through an authorized bank (branch of an authorized bank).
14. Transfers from the Russian Federation and receipt in the Russian Federation of foreign currency for the purposes provided for in subclause 1.1.18, paragraph one of subclause 1.1.19, subclauses 1.1.21 -1.1.24, 1.3.1, 1.3.3 -1.3.5 and 1.3.8 -1.3.14 Regulations of the Bank of Russia dated April 24, 1996 N 39 “On the procedure for conducting certain types of foreign exchange transactions in the Russian Federation and on accounting and reporting on certain types of foreign exchange transactions”, put into effect by order of the Bank of Russia dated April 24 1996 N 02-94, with subsequent changes and additions, registered with the Ministry of Justice of the Russian Federation on May 16, 1996, reg. N 1087 (“Bulletin of the Bank of Russia” dated May 29, 1996 N 24, dated September 30, 1997 N 63, dated October 24, 2001 N 64) (hereinafter referred to as the Regulation), can be carried out by resident individuals through authorized banks without opening a current currency account.
For these purposes, a resident individual submits documents to the authorized bank in accordance with subparagraphs 8.1 and 8.2 of the Regulations and paragraphs 2 and 3 of the Procedure, as well as when transferring foreign currency from the Russian Federation, a document confirming the transfer, import of foreign currency into the Russian Federation, purchase of cash foreign currency in the domestic foreign exchange market of the Russian Federation, withdrawal of foreign currency from its foreign currency account opened with an authorized bank.
Transfers of individuals - residents of foreign currency from the Russian Federation to their accounts opened in foreign banks in the manner established by the Bank of Russia, and to the Russian Federation from these accounts, provided for in subparagraph 1.1.25 of the Regulations, can be made through authorized banks without opening a current currency accounts.
For these purposes, a resident individual submits to an authorized bank an application provided for in subparagraph 8.3 of the Regulation; an identity document of a natural person - a resident; when transferring foreign currency from the Russian Federation - a document confirming the transfer, importing foreign currency into the Russian Federation, purchasing foreign currency in cash on the domestic foreign exchange market of the Russian Federation, withdrawing foreign currency from one's foreign currency account opened with an authorized bank; as well as the document stipulated by subparagraph 3.2.3 of Instructions of the Bank of Russia dated August 29, 2001 N 100-I “On accounts of resident individuals in banks outside the Russian Federation”, registered with the Ministry of Justice of the Russian Federation on September 14, 2001, reg. N 2937 (“Bulletin of the Bank of Russia” dated September 19, 2001 N 57-58) (hereinafter referred to as the Instruction), if the account is opened in accordance with the Instruction.
(Clause as amended, put into effect on October 6, 2002 by Bank of Russia Directive No. 1188-U dated August 20, 2002
15. Powers of attorney submitted by individuals to receive transfers issued abroad must be executed in the prescribed manner.
A power of attorney issued on the territory of the Russian Federation shall be drawn up in accordance with the legislation of the Russian Federation.
16. Copies of documents submitted to the authorized bank in accordance with paragraph 12 of the Procedure must be certified in the prescribed manner.
In the cases established by the Procedure, the authorized bank must be provided with original documents issued by the customs authorities confirming the import of cash foreign currency by an individual, certificates f.
17. Translations of documents into Russian, submitted in accordance with the Procedure, must be certified in the prescribed manner.
18. Documents submitted by an individual to an authorized bank in the cases provided for by the Procedure are placed in cash documents day.
..
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The procedure for applying clause 18 was clarified by the letter of the Bank of Russia dated June 29, 1998 N 143-T.
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19. Documents submitted to the authorized bank must be kept in the bank for at least 5 years from the date of the transfer.
The paragraph has become invalid since October 6, 2002 - instruction of the Bank of Russia dated August 20, 2002 N 1188-U ..
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Title V ceased to have effect on January 1, 1998 on the basis of
order of the Bank of Russia dated October 24, 1997 N 02-469. -
See previous edition.
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23. Authorized banks keep records of currency transactions carried out by resident individuals specified in Section III of this Procedure.
24. The procedure for the formation, terms and form of reporting by authorized banks on foreign exchange transactions carried out by resident individuals specified in Section III of this Procedure are established by the Bank of Russia. since October 6, 2002, it is considered to be paragraph 25 of this edition - the instruction of the Bank of Russia dated August 20, 2002 N 1188-U.
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25. For violation of the Procedure, authorized banks are liable in accordance with Article 74 of the Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)” (paragraph as amended, put into effect on October 6, 2002 by the Bank of Russia Directive of August 20, 2002 N 1188 -U.
First Deputy Chairman
Central Bank Russian Federation
S.V. Aleksashenko
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Appendix N 1 became invalid on January 1, 1998 on the basis of
. -
See previous edition.
____________________________________________________________________
Revision of the document, taking into account
changes and additions
prepared by legal
Bureau "KODEKS"
| Document's name: | The procedure for making foreign currency transfers from the Russian Federation and to the Russian Federation without opening current currency accounts (as amended on August 20, 2002) |
| Document Number: | 508 |
| Type of document: | Letter from the Bank of Russia |
| Host body: | Bank of Russia |
| Status: | Inactive |
| Published: | Accounting and taxes N 6 - 1997 Business and banks, N 43, 1997 No. 63, 09/30/97 Bulletin of the Bank of Russia |
| Acceptance date: | August 27, 1997 |
| Effective start date: | September 30, 1997 |
| Expiration date: | June 18, 2004 |
| Revision date: | August 20, 2002 |
Whatever one may say, but the export of cash for consumer needs — best option in terms of possible transaction costs. After all, the greater the amount that is carried out through banks or transfer systems, the greater the loss.
Publicly, bankers advise taking money out on a payment card, but in informal conversations they do not exclude possible problems. For example, it may happen that your card is swallowed by a foreign ATM and you have to spend a lot of time, nerves and money in a foreign country to return the money. Even if you have passed such a fate, you will still have to pay a commission for withdrawing cash from an ATM foreign bank up to 3% of the amount.
If you decide to take travelers checks, cashing them will cost 1.5% of the amount.
Money transfers are also expensive, especially if the currency is sent regularly.
All these negative aspects provoke the emergence of alternative ways to export money..
According to NBU Resolution No. 3 dated January 2, 2019, since February 2019, individuals, regardless of resident/non-resident status, are required to declare currency and bank metals at the border upon entry and exit, which in total exceed the equivalent of 10 thousand euros (the amount includes transported cash and bank metals). The recalculation of the amounts of cash currency and the value of bank metals in euros for crossing the border is carried out according to official exchange rate hryvnia to the euro established by the NBU, or at the cross rate determined according to the official rate of the National Bank of the hryvnia to the relevant foreign currencies and bank metals on the day of import, export or transfer of cash currency, bank metals.
Illegally, truck drivers take out money across the border. Often they are simply hidden in the lining of vehicles or other secret places on a bus or truck. This method of exporting currency is quite risky, since in the event of a search, there is a high probability of losing money.
Drivers have come up with a more reasonable scheme - they distribute funds to all passengers of the bus within the limits of the amounts allowed for transportation per person (up to 10 thousand euros). But even in this case, it is unlikely that the risk will be completely eliminated. There were situations when a passenger simply accepted money in Ukraine, and after crossing the border “forgot” to return it. According to eyewitnesses, it even came to strip searches.
In any case, when traveling outside the country, you must be sure of your legal rights, as customs officers may be tempted to support corruption. There are always a lot of formal reasons for a delay at the border, especially if it passes at night, and passengers are in a hurry. For example, you may not be recognized in the passport photo, selectively check your luggage, and so on.
In addition, customs officers are often rude to tourists, considering themselves to be guardians of the law, and all those leaving as potential violators. Petty niggles lead to the fact that tourists agree to small bribes, realizing that time is more expensive, and standing in line at customs, they may lose their ticket if they are dropped off "until the circumstances are clarified."
Pregnant National Bank, which customs officers are guided by, says that the border can be crossed with the amount of currency equivalent to 10 thousand euros when declaring it orally. In fact, this means that you, on your own initiative, must inform the customs inspector that you are transporting, say, $8,000.
According to the legislation, today, with mandatory declaration, it is possible to export and import into Ukraine amounts over 10 thousand euros.
The attitude to declaration depends on the purpose of using the funds. Therefore, if you plan to legalize these funds abroad (for example, opening a bank account), you will need a document confirming the origin of the money.
Such a document is usually a bank statement or a copy of the customs declaration.
Export method - Cost of the service, % of the amount
Bank transfer - 3%
Payment card - 2-3%
Traveler's checks - 1.5-2%
Cash Free
Truck drivers Negotiated
Operations with currency in our country are still limited by law. Possible transfer methods depend on the purpose for which you transfer currency abroad, as well as the amount of the transfer itself.
Thus, according to the Law of Ukraine "On Currency and Foreign Exchange Operations", from February 2019, without opening an account and without supporting documents, only amounts up to UAH 150,000 in equivalent per year can be transferred abroad.
If the amount to be transferred is large, you will need to get an e-license from the NBU. When applying for an e-license, the client provides his servicing bank with documents confirming the purpose of transferring funds abroad, the compliance of the volume of the operation with his financial condition and sources of origin of funds (assets). Thus, up to 50 thousand US dollars (in equivalent) can be transferred abroad.
The transfer can be made both with the help of an account opened in the bank, and without it (using the systems of international money transfers - Western Union, Money Gram, etc.). Transfer through an account is more labor-intensive - after all, you will have to apply for opening an account, sign an agreement, etc. However, this method will cost the sender less than the service of international money transfers.
If you need to transfer money abroad in order to subsequently use these funds there, then banks will be happy to offer you simpler and convenient ways making such a transfer. So, for example, you can open a card account in a bank, credit it with the amount you need, and then withdraw it abroad. In this case, there are no restrictions on the export of currency abroad.
A topical question for many now is: how to transfer your money abroad? For example, to the countries of the EU, USA or Canada, etc. What problems can arise in this case and what are the alternative options?
It is clear that it is risky to carry large amounts of cash across the border, and problems with legalization later on the spot can also arise.
On the other hand, with non-cash transfers abroad and currency control in Russia, everything is also not so easy, but nevertheless ...
Let's say that you have already opened an account in a foreign bank (which in itself is not so easy).
Further, let me remind you that the main problem for Russians at present is the fact that in order to send funds in foreign currency to their own foreign currency account in a foreign bank, in accordance with Article 24 of the Federal Law “On currency regulation and currency control”, they are obliged notify the tax authorities about opening accounts outside of Russia.
After that, the transfer of funds from your account to Russian bank you can do it only by submitting to the bank the same notification with a tax visa about taking it into account (accounting).
Also, our state has recently taken care of us again, having decided that the Russians should report to the tax authorities on the movement of funds on their foreign accounts, annually providing certified (including notarized) certificates from foreign banks. Regardless of the time and financial costs such a report will cost each Russian owner of a foreign account.
However, there is a way out and quite simple 🙂.
Federal Law "On currency regulation and currency control" dated December 10, 2003 N 173-FZ restrictions on foreign exchange bank transfers between accounts of spouses and close relatives.
The amount of transfers is not limited, but for their implementation it is necessary to provide documents confirming kinship (for example, a copy of a marriage certificate or birth certificate).
Article 9. Currency transactions between residents
1. Currency transactions between residents are prohibited, except for:
…
17) transfers by individuals - residents of foreign currency from their accounts opened with authorized banks in favor of other individuals - residents who are their spouses or close relatives (relatives in direct ascending and descending lines (parents and children, grandfather, grandmother and grandchildren ), full-blooded and half-blooded (having a common father or mother) brothers and sisters, adoptive parents and adopted children), to the accounts of these persons opened in authorized banks or in banks located outside the territory of the Russian Federation;
(Clause 17 was introduced by Federal Law No. 127-FZ of July 5, 2007, as amended federal law dated 02.07.2013 N 155-FZ)
via www.consultant.ru/popular/currency/47_2.html
The Bank of Russia has determined the list of required documents: in addition to a passport, a client may need a marriage certificate, a birth or adoption certificate, a certificate of name change and paternity, etc.
Some banks in such cases may ask additionally (on their own initiative for insurance), in addition to other documents, to provide, for example, a document of donation, loan, etc., which must be signed by the sender and recipient of funds.
The husband opened an account in a Spanish bank. I called my wife, dictated the details. The wife went to the bank with a marriage certificate and transferred 200 thousand dollars from her foreign currency account to her husband's account in Spain.
The son opened a bank account in the United States. Emailed the details to my mom. Mom went to the bank with currency and a birth certificate, put the currency into her account and transferred the money to her son's account in the United States.
Don't you think that some hemorrhoids are missing in these chains?! That's right, the wife and mother did not go to the tax office - they are not required to do this by law. Further, I think, the course of thoughts and actions is clear to you.
PROCEDURE FOR FOREIGN CURRENCY TRANSFERS FROM THE RUSSIAN FEDERATION AND TO THE RUSSIAN FEDERATION WITHOUT OPENING CURRENT CURRENCY ACCOUNTS PROCEDURE OF THE CENTRAL BANK OF THE RUSSIAN FEDERATION August 27, 1997 N 508 (D) 1. The "Procedure for making foreign currency transfers from the Russian Federation and to the Russian Federation without opening current currency accounts" (hereinafter referred to as the "Procedure") establishes the rules for making transfers in foreign currency without opening current currency accounts in authorized banks on behalf of individuals (residents and non-residents) from the Russian Federation, as well as the receipt by individuals (residents and non-residents) in the Russian Federation of foreign currency transferred in their favor from abroad. The procedure does not apply to individual entrepreneurs (residents and non-residents). Individual entrepreneurs transfer foreign currency from the Russian Federation and receive the transferred foreign currency to the Russian Federation in accordance with the currency legislation only through current currency accounts opened with authorized banks. The procedure does not apply to transfers by individuals of foreign currency from the Russian Federation and the receipt by individuals of foreign currency transferred to the Russian Federation, if these transfers are related to the implementation of entrepreneurial activities, investment activities or the acquisition of rights to real estate. Transfer from the Russian Federation and receipt in the Russian Federation of foreign currency in accordance with the Procedure is carried out through the operating unit of an authorized bank (branch of an authorized bank) (hereinafter referred to as the "authorized bank"). 2. The transfer of foreign currency from the Russian Federation and the receipt of the transferred foreign currency to the Russian Federation is carried out by an individual (his representative) upon presentation of a passport or other substitute document proving the identity of an individual (a residence permit in the Russian Federation - for foreign citizens and stateless persons if they permanently reside on the territory of the Russian Federation, an identity card of a serviceman or a military ID - for military personnel of the Russian Federation), presentation of an order (application), other documents in cases established by the Procedure, as well as a power of attorney when making or receiving a transfer by a representative. 3. In the application for a transfer from the Russian Federation and receipt of foreign currency transferred to the Russian Federation, the following must be indicated: - last name, first name, patronymic, identity document (number, series, by whom and when issued) of the sender of the payment (when transferring from the Russian Federation ); - last name, first name, patronymic and full address of the payee, identity document (number, series, by whom and when issued) of the payee (when transferring to the Russian Federation); - the amount of the transfer and the purpose of the transfer in accordance with the Procedure; - date and signature of the individual. In the order (application) for the transfer from the Russian Federation and receipt of foreign currency transferred to the Russian Federation by an individual, an entry is made confirming that this transfer is not related to the implementation of entrepreneurial activities by the individual (for example, "the currency transaction being performed is not related to the implementation of entrepreneurial activities" ). 4. When an individual submits documents that do not meet the above requirements, as well as in case of refusal to provide the documents required in accordance with the Procedure, the authorized bank does not transfer (issue) foreign currency. 5. Foreign currency transferred to the Russian Federation in the cases and subject to the conditions stipulated by the Procedure may be: a) issued in cash; b) credited to the transfer recipient's current currency account opened with an authorized bank. 6. When issuing a transfer in cash foreign currency, the authorized bank issues to the transfer recipient a certificate f.0406007, issued in the manner established by the Bank of Russia, which is the basis for exporting cash foreign currency abroad. At the same time, in the section "Received by the client" in line 7 "Amount (in words)" of the certificate f.0406007, the note "received by transfer from abroad" is made. In the event that a representative of an individual receives a transferred foreign currency to the Russian Federation, a certificate f.0406007 is issued in the name of the person represented in the manner prescribed by the Bank of Russia regulations. 7. Foreign currency transferred to the Russian Federation shall be credited by the authorized bank to balance account 071 "Unpaid transfers from abroad". If it is impossible to pay the transfer due to the absence of the payment instruction of the correspondent bank or due to the non-appearance of the transfer recipient, the foreign currency transferred to the Russian Federation is returned by the authorized bank to the non-resident bank after 6 months from the date of crediting the foreign currency to the balance account 071 "Unpaid transfers from abroad". II. TRANSFER OF FOREIGN CURRENCY FROM THE RUSSIAN FEDERATION AND INTO THE RUSSIAN FEDERATION ON THE DESIGN AND IN FAVOR OF NON-RESIDENT INDIVIDUALS 8. Cash foreign currency can be transferred to the Russian Federation in favor of a non-resident individual without limiting the amount. 9. Foreign currency may be transferred from the Russian Federation by a non-resident individual if the non-resident has previously: a) transferred foreign currency to the Russian Federation; b) withdrew cash foreign currency from his current currency account opened with an authorized bank; c) bought foreign currency in cash on the domestic foreign exchange market of the Russian Federation in accordance with the procedure established by the Bank of Russia; d) imported cash foreign currency in compliance with the customs legislation of the Russian Federation; e) received foreign currency from the sale of payment documents in foreign currency to an authorized bank in the manner established by the Bank of Russia. 10. When making a transfer of foreign currency in cash, one of the following documents must be submitted to an authorized bank: "a", "b", "c", "e" of clause 9 of the Order); b) a document issued by the customs authority confirming the import by a non-resident individual of foreign currency in cash (in the case specified in subparagraph "d" of paragraph 9 of the Procedure). The transfer of foreign currency from the Russian Federation in accordance with clause 9 of the Procedure is carried out within the amounts indicated in the document issued by the customs authority confirming the import of cash foreign currency by a non-resident individual, or in the certificate f.0406007. III. TRANSFER OF FOREIGN CURRENCY INTO THE RUSSIAN FEDERATION IN FAVOR OF INDIVIDUALS-RESIDENTS AND FROM THE RUSSIAN FEDERATION ON THE INSTRUCTION OF INDIVIDUALS-RESIDENTS by a resident person in his own name; - by a non-resident in the name of a resident individual; - by a resident individual in the name of another resident individual. 12. When an individual receives a foreign currency transferred to the Russian Federation that is not related to business activities, as well as investment activities or the acquisition of rights to real estate, the application for receiving foreign currency must indicate the basis for the transfer (donation, repayment of debt under a loan agreement etc. ). If, in accordance with the legislation, the conclusion of a transaction is required in writing, then upon receipt by an individual of foreign currency transferred to the Russian Federation, in addition to an application for receiving foreign currency, the relevant documents must be submitted. 13. In accordance with paragraph 6 of Article 6 of the Law of the Russian Federation "On Currency Regulation and Currency Control", resident individuals have the right to transfer, export and forward from the Russian Federation foreign currency previously transferred, imported or sent to the Russian Federation, subject to customs rules in within the limits specified in the declaration or other document confirming the transfer, import or transfer of foreign currency to the Russian Federation. In accordance with paragraph 4 of paragraph "d" of Article XXX of the Articles of Agreement of the International Monetary Fund, a resident individual is entitled to make moderate amounts of private transfers for current expenses. Such a transfer should not be related to the implementation of entrepreneurial activities, as well as investment activities or the acquisition of rights to real estate. The transfer cannot exceed 2,000 US dollars or other foreign currency equivalent to this amount. With such a transfer, a resident individual submits to the authorized bank a certificate f.0406007, which is the basis for exporting cash foreign currency abroad. The specified transfer can be made by a resident individual no more than once in one business day through an authorized bank (branch of an authorized bank). 14. Transfer from the Russian Federation (receipt in the Russian Federation) of foreign currency for the purposes provided for in clauses 1.2, 1.3, 1.6, 1.7, 1.8, 1.9, 1.20 of Regulations of the Bank of Russia dated April 24, 1996 N 39 "On changing the procedure for conducting certain types of foreign exchange transactions" (registered by the Ministry of Justice of the Russian Federation on May 16, 1996, reg. N 1087), can be carried out by an authorized bank without opening a current foreign exchange account upon submission by an individual of the documents provided for in Section 2 of the Regulations of the Bank of Russia of April 24, 1996 N 39 and the documents provided for in paragraph 3 of the Procedure. IV. ORDER DOCUMENT PROCESSING SUBMITTED TO THE AUTHORIZED BANK. STORAGE TERMS OF DOCUMENTS 15. Powers of attorney submitted by individuals to receive transfers, issued abroad, must be executed in the prescribed manner. A power of attorney issued on the territory of the Russian Federation shall be drawn up in accordance with the legislation of the Russian Federation. 16. Copies of documents submitted to the authorized bank in accordance with paragraph 12 of the Procedure must be certified in the prescribed manner. In the cases established by the Procedure, the authorized bank must be provided with original documents issued by the customs authorities confirming the import of cash foreign currency by an individual, certificates f. 17. Translations of documents into Russian, submitted in accordance with the Procedure, must be certified in the prescribed manner. 18. Documents submitted by an individual to an authorized bank in the cases provided for by the Procedure are placed in the cash documents of the day. If the above transfers are of a systematic nature (at least once a month in one authorized bank or its branch), then a "Dossier of foreign currency transfers carried out without opening a current currency account" (hereinafter referred to as the "Dossier") The dossier must have a number and date of opening.When making a foreign exchange transaction, the cash documents of the day must contain copies of documents prepared and certified by an authorized bank that serve as the basis for making foreign currency transfers from the Russian Federation and receiving the transferred foreign currency to the Russian Federation by an individual. Documents submitted by an individual shall be stored in the dossier 19. Documents submitted to the authorized bank must be kept in the bank for at least 5 years from the date of the transfer Dossier is stored in the authorized bank for at least 5 years from the date of its closing by the authorized bank REPORTING ON CURRENCY OPERATIONS IN THE ULTIMATE CLEARED BANKS 20. Authorized banks are required to keep a "Journal of foreign currency transfers carried out without opening a current currency account" (hereinafter referred to as the "Journal") in the form of Appendix No. 1 to the Procedure. All ongoing operations are subject to mandatory reflection in the Journal on the day of their implementation. It is allowed to keep a journal in in electronic format followed by a monthly printout and page stitching. 21. On a quarterly basis (no later than the 10th day of the month following the reporting quarter), the authorized bank (its branch) shall submit to the territorial office of the Bank of Russia at the location of the authorized bank (its branch) a report on the total volumes of foreign exchange operations carried out by residents and non-residents in the form of Appendix N 2 to order. The reporting established by the Procedure is sent independently and separately (independently of each other) by the authorized bank and the branch of the authorized bank to the territorial office of the Bank of Russia at their location. 22. On a quarterly basis (not later than the 20th day of the month following the reporting quarter), the territorial branch of the Bank of Russia shall submit summary information on the volumes of foreign exchange transactions carried out by residents and non-residents in the form of Appendix No. 3 to the Procedure. VI. RESPONSIBILITY FOR VIOLATION OF THE REQUIREMENTS OF THE PRESENT PROCEDURE 23. For the lack of accounting for foreign exchange transactions, keeping records of foreign exchange transactions in violation of the established procedure, failure to provide or untimely submission of information provided for by Section V of the Procedure, an authorized bank in accordance with paragraph 2 of Article 14 of the Law of the Russian Federation "On Currency Regulation and Currency Control" shall be liable in the form of a fine up to the amount that has not been accounted for, has been improperly accounted for or for which reports have not been submitted within the established time limits. A fine is collected for each unrecorded, improperly accounted for currency transaction, non-submission or untimely submission of information. The collection of fines provided for by paragraph 23 of the Procedure is carried out by the Bank of Russia in an indisputable manner. First Deputy Chairman of the Central Bank of the Russian Federation S.V. Aleksashenko Appendix N 1 to the Procedure of the Bank of Russia dated August 27, 1997 N 508 JOURNAL OF ACCOUNTING OF FOREIGN CURRENCY TRANSFERS MADE WITHOUT OPENING A CURRENT CURRENCY ACCOUNT for _________________ 199__ _________________________________________________________________________________________________ | N | Information about the person who made the transfer | Transfer direction code | Code | Amount | | p/p | or in favor of which the transfer was made | 1 - to the Russian Federation | currencies | translation | | |__________________________________________| 2 - from the Russian Federation | | | | | FULL NAME. | Document certifying | | | | | | | personality | | | | |_____|_______________|__________________________|_____________________________|________|__________| | 1 | 2 | 3 | 4 | 5 | 6 | |_____|_______________|__________________________|_____________________________|________|__________| Note: 1. Column 3 indicates information about the submitted document: name, number, by whom and when issued. 2. Column four shall indicate: 1 - when making a transfer of foreign currency from abroad in favor of a person located on the territory of the Russian Federation; 2 - when making a transfer of foreign currency from the Russian Federation in favor of a person located outside the Russian Federation. 3. Column 5 shall indicate the currency code in accordance with All-Russian Classifier currencies OK 014-94, approved by the Decree of the State Standard of Russia of December 26, 1994; 4. Column 6 shall indicate the transfer amount in terms of units of the relevant currency. Appendix N 2 to the Order of the Bank of Russia dated August 27, 1997 N 508 ____________________________________________________ | Code | Registration | Shipment date | |__________________| number | report | | SOATO | OKPO | | | |_________|_________|_________________|_______________| | | | | | |_________|_________|_________________|_______________| REPORT on foreign currency transfers made without opening a current currency account for the ___________ quarter of 199__ By whom it is submitted ___________________________________________________ name of the authorized bank (branch) ____________________________________________________________________________ To whom it is submitted. Main Department (National Bank) ________________________________________________ of the Central Bank of the Russian Federation on __________________________. ________________________________________________________________________ in thousands of units of the corresponding type of currency _________________________________________________________________________ | Group name | Name of currency: | | foreign exchange transactions |____________________________________________________| | | US dollar | German mark | ... | ... | ... | ... | |_____________________|____________|________________|_____|_____|_____|_____| | Currency code: | 840 | 280 | ... | ... | ... | ... | |_____________________|____________|________________|_____|_____|_____|_____| | 1 | 2 | 3 | 4 | 5 | 6 | ... | |_____________________|____________|________________|_____|_____|_____|_____| | | | Section 1. Currency transactions carried out by the bank on behalf of or in favor of | | individuals-residents of the Russian Federation | |________________________________________________________________________| | 1.1. Translation | | | | | | | |_____________________|____________|________________|_____|_____|_____|_____| | 1.2. Getting | | | | | | | |_____________________|____________|________________|_____|_____|_____|_____| | | | Section 2. Currency transactions carried out by the bank on behalf of or in favor of | | non-resident individuals Russian Federation | |________________________________________________________________________| | 2.1. Translation | | | | | | | |_____________________|____________|________________|_____|_____|_____|_____| | 2.2. Getting | | | | | | | |_____________________|____________|________________|_____|_____|_____|_____| Head ___________________________ /full name/ (signature) Chief Accountant ______________________ /full name/ (signature) M.P. Use __________________________ tel.: _____________________ (full name) Appendix No. 3 to the Order of the Bank of Russia dated August 27, 1997 No. 508 __________________________________________________________________ | Code | Quantity | Date | |________________________________| banks (branches) | sending | | territory | OKPO | Local | submitting a report | report | | by SOATO | | code GU (NB) | | | |____________|______|______|_____________________|__________| | | | | | | |____________|______|______|_____________________|__________| CONSOLIDATED REPORT on foreign currency transfers made without opening a current currency account for __________ sq. 199__ By whom it is represented by ___________________________________________________ name of the State Institution (NB) of the Central Bank of the Russian Federation ____________________________________________________________________________ To whom it is represented. central bank Russian Federation. ________________________________________________ Department of currency regulation and currency control. ________________________________________________________________________ in thousands of units of the corresponding type of currency _________________________________________________________________________ | Group name | Name of currency: | | foreign exchange transactions |____________________________________________________| | | US dollar | German mark | ... | ... | ... | ... | |_____________________|____________|________________|_____|_____|_____|_____| | Currency code: | 840 | 280 | ... | ... | ... | ... | |_____________________|____________|________________|_____|_____|_____|_____| | 1 | 2 | 3 | 4 | 5 | 6 | ... | |_____________________|____________|________________|_____|_____|_____|_____| | | | Section 1. Currency transactions carried out by the bank on behalf of or in favor of | | individuals-residents of the Russian Federation | |________________________________________________________________________| | 1.1. Translation | | | | | | | |_____________________|____________|________________|_____|_____|_____|_____| | 1.2. Getting | | | | | | | |_____________________|____________|________________|_____|_____|_____|_____| | | | Section 2. Currency transactions carried out by the bank on behalf of or in favor of | | individuals - non-residents of the Russian Federation | |________________________________________________________________________| | 2.1. Translation | | | | | | | |_____________________|____________|________________|_____|_____|_____|_____| | 2.2. Getting | | | | | | | |_____________________|____________|________________|_____|_____|_____|_____| Head of the Department (department) of currency regulation and currency control ___________________________ /full name/ (signature) __________________________ tel.: _____________________ (full name)
