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Think With Your Head2016-03-09 11:16:53
Freelance
Think With Your Head, 2016-03-09 11:16:53

Legal withdrawal from upwork - myth or reality?

Hello!
I shoveled a bunch of information on the Internet, everyone writes that you can withdraw legally, having an individual entrepreneur / LLC, go through currency control, pay taxes honestly, etc., etc.
It is enough to have an upwork user agreement and some invoices to keep documentation of income.
But the user agreement is clearly not something that can prove the legality of the funds received. This is not a treaty in the usual tax form. Although I could be wrong here.
In general, I wrote in tp aporka, demanding to provide me with some legal documents, and everything turned out to be not so rosy. I was told that upwork is a service intermediary, not an employer or even a business partner, and therefore the maximum that he can give is a user agreement, there really are no contracts.
Moreover, the user agreement itself says that upwork is not a taxpayer for a freelancer, and each freelancer must solve this tax problem on his own.
And so I am tormented by the question - is the scheme with the user agreement and invoices (xs what is it) pure white or is it a half-gray scheme, if only to somehow whitewash the income before the tax?
First of all, the opinion of those who legally work through upwork is of interest.
Thank you!

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3 answer(s)
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Dmitry, 2016-03-12
@Vyad

>And that's why I'm tormented by the question - is the scheme with the user agreement and invoices (xs what is it) pure white or is it a half-gray scheme, if only to somehow whitewash the income before the tax?
The tax authorities were not interested in you until you paid taxes, and they will not be interested when you start paying. Especially from 2016 to 2018 - while there are supervisory holidays. He will only be interested in when you close the IP (if you do), and then if the last three years of your activity do not consist of zero declarations.
Even when he is interested, if the amount of taxes paid corresponds to the movement of funds on the account, even if you don’t have any documents at all explaining where the money comes from, the maximum that shines for you is a fine of 30,000, no more than once a quarter. They can also get on your nerves, but not according to the law, but on the rights of any unfriendly oncoming one, which is becoming less and less common in the authorities.
You will have real problems (or rather, may be) with the currency control of the bank with which you will work. The majority of banks focused on entrepreneurs have a well-established scheme for working with Upwork. Modulbank has the Upwork logo - generally on the currency control page https://ext.modulbank.ru/?cityid=f27b4452-0f6f-e41...
Banks require precisely correctly executed public offer and invoices. For some banks, instead of invoices, screenshots are enough, but when you close an IP, you won’t get off with screenshots. To make sure that correctly executed invoices and a public offer are enough for you to close the IP - you can contact your tax inspector in advance (it is possible that you will have to educate him and show the relevant laws).
It is useless to contact lawyers - even the best of them often swim in the subject. Too rarely they come across such clients / questions and too many specifics in the activities of Upwork. The exception is lawyers specializing in foreign economic e-commerce. If you find one, introduce me to him.
The best advice will be given to you by the employees of the currency control of the same module bank or Tochka bank.The purity of the transaction in the eyes of the regulatory authorities is one of the services they provide.
If you are not ready to hand over your fate to the currency control of the bank, collect links to articles on the topic of oDesk|Upwork legalization in Google and re-read one link per day or week. What used to seem controversial or Chinese writing, in a few weeks or months will become simple and obvious.

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SBJoker, 2016-03-17
@SBJoker

Withdrawed money this week, to the transit currency account of the IP through Wire Transfer.
Translation costs $30. Requested a signed contract in two languages ​​from Upwork support. Already in 10 minutes they sent me a User Agreement in two languages ​​and with a signature, as well as a Confirmation of Services, an analogue of the act of work performed. I filled out the last document, indicating my data and signed it, sent it back to Upwork, they checked and signed it on their side. I handed over the documents to the currency control of the bank, and they passed the control.
That's all, then you need to report in the same way for any other currency. At the rate of the Central Bank of the Russian Federation on the day of receipt to the transit account.
Hope it was helpful.

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Achilles Desjardin, 2016-03-09
@AchillesDesjardin

What are your turnovers? There is no point in worrying if you withdraw less than 600 thousand rubles per month.

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