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Think With Your Head2015-10-12 10:35:30
Fintech
Think With Your Head, 2015-10-12 10:35:30

Should I pay tax on funds received in a foreign currency bank account with skrill?

Hello!
There is a person who transfers funds to skrill for me as a gift. Then I withdraw this money to the currency account of the bank of the Russian Federation.
This is not considered income (links to laws below), since it is just a gift expressed in cash.
The donor can confirm this. The only question is how? He is a foreigner from the EU. Question: will our tax office call him or is there some special procedure?
Why this income should not be taxed:
According to the law of the Russian Federation, the donor is not required to be related to me, therefore, the funds received from him are not subject to personal income tax.

A donation agreement can be concluded orally if the donation is accompanied by the transfer of the gift to the donee (clause 1, article 574 of the Civil Code of the Russian Federation).

The Letter of the Ministry of Finance of Russia dated February 21, 2012 N 03-04-05 / 6-200 considers the issue of taxing personal income tax on funds received by an individual as a gift from another individual, and explains that cash income received in this way is exempt from personal income tax, regardless of the fact that the donor and the donee are not family members and (or) close relatives.

Also, a gift of money is not considered income according to the letter of the law:

Income received from sources outside the Russian Federation includes:
dividends and interest received from a foreign organization;
insurance payments in the event of an insured event received from a foreign organization;
income received from the use of copyright or related rights outside the Russian Federation;
income received from the lease or other use of property located outside the Russian Federation;
remuneration for the performance of labor or other duties, work performed, service rendered, performance of an action outside the Russian Federation;
pensions, allowances, scholarships and other similar payments received by the taxpayer in accordance with the legislation of foreign states;
other income received by the taxpayer from carrying out activities outside the Russian Federation in accordance with paragraph 3 of Art. 208 of the Tax Code of the Russian Federation.

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4 answer(s)
D
DevMan, 2015-10-12
@Vyad

The logic is simple: from everything that is income, tax must be paid. but as it came, the loot does not play any piano.

G
GoodProject, 2015-10-12
@GoodProject

and what happened, the tax showed up?

P
Puma Thailand, 2015-10-12
@opium

what a fright these are gifts, don’t tell my slippers, no one will believe in this in the tax office, you can prove some kind of donation you can’t prove.
so, alas
, the periodicity will play a role here, when the proceedings suddenly reach you.
It is logical to open a Skrill card and withdraw directly from it without withdrawing to a Russian bank

O
other_letter, 2015-10-12
@other_letter

What I advise you to do "as for yourself" - write on behalf of a friend (he should be aware, of course) * an official request to the Federal Tax Service. You can through their website.
If the answer is - no, they don't have to pay - write from yourself (you don't need it from yourself right away - they suddenly decide to take a closer look).
The official answer will be at least some help.
Now more generally: A
gift is also income. You're a bit confused as a gift can be taxable or non-taxable.
But here's the thing - you have to declare it. Whether to pay personal income tax or not is a separate issue, but they are required to declare it.
It is on the basis of "undeclared income on a special large scale" that you will be closely examined. As I understand it, the sum is more than a million. Quite a reason.

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