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Maxim2017-04-25 17:12:04
Freelance
Maxim, 2017-04-25 17:12:04

"Salary" in the payment when withdrawing rubles from upwork to r\s IP, consequences?

Withdrawed funds in rubles from the upwork to the IP account, but there is an entry "Salary" in the payment.
If this is really regarded as a salary, then it turns out that the upwork violates the legislation of the Labor Code of the Russian Federation.
In fact, it does not violate anything, since according to the law, citizens of the Russian Federation have the right to work for a foreign organization, even if it does not have a representative office in the Russian Federation. Now I am nurturing the thought, but was it necessary to start an individual entrepreneur (see UPD)
How can this threaten me personally?
Does it make sense to ask Upwork to no longer include this word in the payment? Instead, for example, let him write "payment for invoice #number"
UPD: By the way, the same fl.ru withholds 13% from the salary https://feedback.fl.ru/topics/5878-ndfl/
What prevents a freelancer working with upwork from working as an individual and paying 13% without suffering from an IP? Yes, it is more expensive, but the time saved is better spent on development, rather than fussing with paperwork and monitoring legislation. In addition, there will be no need to pay fixed fees and maintain a current account
UPD2: I talked with support about replacing the word Salary from the payment, here is their answer:

Hi Maksim,
Thank you for your patience on this matter.
As per our Payments team, we cannot control what the local banks use on the statement when sending direct deposits. Each bank and country can have their own policy that is outside of our control. Please be advised that our payment processor uses proprietary technology to direct deposit the funds into your local bank account. It is your bank, not ours, that chooses the descriptor on the statement.
Please let me know if I could be of further assistance, I'd be happy to help.
Regards,

At the same time, such words as "for your business", "for the purposes of your business" appear in the offer agreement. That is, according to the contract, we are businessmen, but upon payment, it’s like employees and they can’t do anything about it

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4 answer(s)
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Ruslan, 2017-05-03
@buttersmai

I advise you to read the latest User Agreement, paragraph 10:
there, upwork generally denies everything.
In short: "we are not responsible for taxes and fees, we are not responsible for the interaction of a freelancer and a client, we do not provide work."
If we talk about "working for a foreign organization", then many people work through individual entrepreneurs (if I'm not mistaken).
Therefore, it is worth finding out very well about 13% and how to legally pay them. Better - with a hired tax consultant with such experience, or in the tax office (officially, through correspondence).
And, yes, in fact, the activity is entrepreneurial. You provide services for money and live by it, this is a business :)
And the indication "Salary" in the payment is generally notable fawn - you are unlikely to say later that this is "a one-time financial assistance from a friend from the United States."

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Dmitry Plotnikov, 2017-06-12
@dimap101

It does not threaten you with anything - you are an individual entrepreneur, which means you pay 6% (I think correctly - you are on the simplified tax system 6%, if otherwise, I will be very surprised) from any receipts to the current account. If you pay them regularly (and do not forget about the PFR payments), then no one is interested in what purpose the money came from.
On account of whether it is easier to pay 13%. For me, it's not easier ... Of course, you need to understand the volumes.
For example, with 1 million rubles, the difference will be 7% (13% -6%) or 70 thousand rubles. Is it extra money? You can buy an iPhone for example .... well, with a few reservations (there are some expenses for maintaining an IP - about them below)..
Fixed payments of 20 thousand rubles a year scare? Funny. If we recalculate 13% for personal income tax, then this is a tax from an amount of approximately 150,000 rubles / year or from 12,500 rubles / month.
About paperwork and monitoring legislation - indeed, in the Russian Federation everything is changing rapidly, but there are online accounting services (I won’t advertise - there are already a lot of them, choose according to your needs, for example, I have different LLCs and individual entrepreneurs), which solve these problems for you. Delivery of any report - 5-10 minutes. All tax calculations are done almost automatically, payments are also automatically transferred to the bank. Yes, you have to pay about 9-10 thousand rubles a year for this. Maintaining a current account - 500 rubles / month. (6000 rubles / year). Maybe the first year and it seems difficult and incomprehensible, but in the second year there are no questions.
By the way, only one IP report is submitted - the annual income statement. And even if you are not an individual entrepreneur, but an individual receiving one-time income (not wages), you are still required to submit a declaration.
Considering the foregoing, savings on IP relative to an individual starts with income from 300 thousand / year or from 25 thousand rubles per month - if you get more, then IP is more profitable.

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Dimonchik, 2017-04-25
@dimonchik2013

how it enters and exits (s)
it would be better, of course, if they wrote "under contract"
in general, Americans usually really like to write "you are not an employee", because otherwise they get fined,
so it would be good for you to figure out who is there and what wrote, for example, he could demand a bank, and a clerk in some Ukraine decided to send
it that way. As far as you are concerned, yes, it’s unpleasant. Collect facts, offer, etc., to show during the check
as a whole it does not threaten anything, but yes - it gives the inspector the opportunity to earn extra money

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Puma Thailand, 2017-04-25
@opium

no matter what you cost

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