Remote work from Kazakhstan in a Russian company. What are the best options for organizing remote work?

Question

Distant work

Good time!
I live and work in Kazakhstan, I am looking for vacancies for remote work, I am not considering relocation (I do not plan to in the near future).
The situation is as follows, I work as a programmer, I want to get a remote job in a Russian company (hereinafter - the company), the company's specialist told me that they cannot hire me as an employee (for GPC, for example) for numerous cumulative reasons (taxes, documents, possibly legal considerations).
I offered them the following scheme (it was advised to me by a specialist of Kazakhstani online accounting as the simplest of the official ones) - I draw up an IP in Kazakhstan, work with a company under a service agreement (in any form, indicating what I will receive payment for - i.e. . for software development), the company pays me monthly (salary) and I pay taxes on individual entrepreneurs and social contributions myself.
The lawyers of the company did not accept my option, because. they assure that in this case, the Russian tax service will still pay them some payments (some kind of VAT), i.е. there will still be some extras. expenses other than paying my IP. In this case, the HR specialist could not explain to me exactly what tax obligations the Russian legislation imposes on the company, perhaps the lawyers and accounting department simply did not consider it necessary to provide a detailed explanation, or they simply do not want to bother.
In response, they offered to simply pay me the amount of the salary on any ruble card until we find the best option for cooperation. But in this case, I no longer have information about what tax obligations will apply to me as an individual. face. And at the same time, I will receive payment on the card in foreign currency, which, if I am not mistaken, is physical. a person cannot receive just like that, without any account, document or contract. Up to a certain amount of currency can be issued as a transfer from relatives, but I plan to receive a salary much higher than the "gift" transfer.
I am looking for help from freelancers who work officially in Russia from Kazakhstan or from any IT specialists who are familiar with such developers or who personally have information that can help me in this situation.
Either I need to find proof that the scheme with an individual entrepreneur and a service agreement does not impose any obligations on the company (except for payment), or I need to find another income legalization scheme for me and a minimum burden for the company.
I would be very grateful for any help!

Answer 1

Correct answer:
Remunerations paid under GPC agreements to employees from the EAEU countries who work remotely are not subject to insurance premiums and personal income tax in Russia.
https://www.buhonline.ru/pub/beginner/2017/6/12348 (last paragraph of the article).
PS: That is, you can conclude a GPC agreement for the provision of services.

Answer 2

Good day to all!
I will answer in this topic what information I got during my freelance work and already six months of work for a specific customer.
Method number 1 - the easiest - the employer transfers money to you on a ruble card.
Minus 1: really physical. a person in the KZ is allowed to receive currency just like that on a card, but of a limited amount. I don’t know exactly how much money, it seems even no more than 50 thousand rubles a month, amounts above that may already be of interest to the relevant authorities (currency control, etc.). I can’t tell you what it threatens, either, but probably if someone is closely interested in you, then nothing good will come of this story if this pops up at an inopportune moment for you.
Minus 2: you will not be able to pay mandatory pension contributions from these transfers (not to be confused with voluntary transfers, these are different things), social. taxes and generally officially confirm income.
Minus 3: you are not protected by anything in case of non-payment of remuneration to you for the period of work.
Method number 2 - the employer suits you as a foreign worker, there is such a moment in the Labor Code of the Russian Federation, but not every company will take such a step, only if you are the future Linus Torvalds and are desperately needed by some Gazprom or defense enterprise.
Method number 3 - the most "correct", I will quote the answer to one of the interested comrades:
I opened an individual entrepreneur in KZ, opened a ruble bank account (an account in tenge is automatically opened immediately), these accounts are for a legal entity, personal accounts for individuals. persons for conducting IP are not suitable.
To open an account for an individual entrepreneur, the bank needs to provide an agreement with the customer (the individual entrepreneur does not have an employer, only customers, clients, partners, etc.), within the framework of which work with currency will be carried out. Therefore, after opening an IP, before going to the bank, you need to conclude an agreement with the employer for the provision of services, the agreement can be drawn up in any form, any law office can help with this or the customer's lawyers.
The contract can be for a specific amount (for a year) or without an amount, there are nuances in the bank, but they are insignificant, I entered into an agreement without specifying a specific amount, so I can receive any amount a month, both a month and a year.
Then there is work with the customer, an invoice is sent monthly, you can send acts, invoices, etc., the document exchange options are different, it is important that a document is sent to the customer every month indicating the amount and specifically for what this amount exposed, i.e. for what type of work.
The bank may ask for scans of these documents for payment, every time the customer transfers, they ask me for an invoice-act on the basis of which the money was transferred. I print out the act-invoice, sign it there (I have an individual entrepreneur without a seal, there is such a thing) and send the scan to the customer, I send the same act-invoice to the bank upon request upon receipt of the salary to my ruble account.
I don’t know if this is important, but my customer himself is an individual entrepreneur in the Russian Federation, it is much more convenient for him to work with me under a contract as an individual entrepreneur than to hire me as an employee, I think for other legal organizations (JSC, LLP, LLC) the tax and other components do not change much when working with IP from short circuit.
By the way, invoices/acts will come in handy when sending them to tax reporting.
Well, and most importantly, pay taxes on time, monthly pay mandatory taxes for the previous month until the 25th day. pension, social tax and OSMS (medical insurance).
Individual entrepreneurs still have a profit tax, it used to be 3%, but this year the president made a tax holiday due to the crisis in the pandemic.
Twice a year you need to submit reports for the past six months, in January and July. I use the services of an accounting firm for this, the payment for this procedure is small.

Answer 3

In order to work for hire, the employer needs to quote a future foreign worker. Tax deductions are identical as for an employee from the Russian Federation.
If you give a card as an individual, then most likely everything will be in black.
If you make yourself an IP on your side, then there will be VAT.
If there is an option to register yourself in the Russian Federation, then do an IP with the USN or LLC. Although, LLC can do this.

Answer 4

I'm not a lawyer, but I studied the topic. As far as I understand, the easiest way for you is to open an account in Yandex.Money, they allow you to issue a physical card attached to it (or virtual for NFC). The company can transfer money to a Yandex.Money account like to any other account in a Russian bank.
At the same time, a GPC agreement is concluded, the company does not pay any taxes and contributions, you pay personal income tax once a year. I don’t know the legislation of the Republic of Kazakhstan, but we have no restrictions for individuals on receiving currency, the main thing is that there are documents (the same GPC) explaining where the money comes from.
PS As for VAT, the topic is muddy, you need to read about the "Google Tax", but I'm not sure that it arises when a foreign company (IP) provides services to a Russian company.

Answer 5

Can't this be done as self-employment? It seems like you pay something minimal and that's it.
In the dark, of course, no problem. They throw it at any wallet and withdraw it from exchangers or to a card.

Answer 6

Do you know that an individual entrepreneur does not have the right to engage in foreign economic activity? It is necessary to dig into the Civil Code of the Republic of Kazakhstan.
I don’t remember now, but earlier, according to the Civil Code of the Republic of Kazakhstan, an individual entrepreneur could work only within his region.
The self-employed work only with individuals, you cannot work with a legal entity, but I generally keep quiet about the foreign economy.