Procedure for notifying about opening an account abroad. Notification of the tax office about the opening of an account abroad by an individual

On October 5, a new order of the Federal Tax Service came into force. It describes new order notifications about bank accounts abroad. If you are a resident of the Russian Federation and you have accounts or deposits in other countries, this is for you.

Source: Order of the Federal Tax Service No. ММВ-7-14/507@

Notifying the IRS about your accounts has become easier. But if you do not report or are late, you will be fined for this.

Ekaterina Miroshkina

economist

What Overseas Account Holders Need to Know

The most important thing to sleep peacefully:

1. You must inform the tax authorities that you have opened or closed an account in another country. You have a month to do this, and then there will be a fine.
2. It must be reported with a special notification - not in any form.
3. The easiest way to submit a notification is through the taxpayer’s personal account.
4. Until June 1 next year you need to submit a report on the movement of money on accounts and deposits abroad. But not everyone.
5. Individual entrepreneurs and companies report on cash flows every quarter.
6. Due to violations of currency laws, you can lose up to 100% of your income. This is in addition to the fine for reports and notifications.

What kind of order is this

If a person or company has an account in another country, the tax authorities must be informed about this. There is no need to talk about accounts in Russia, because the information is provided by banks. But about the accounts in foreign banks the account holder himself must inform. He has 30 days to do this. You need to report that an account has been opened, closed, or its details have changed. This is how the foreign exchange control law works. Reporting bills is a responsibility.

If you report the bill later, then this is a violation for which you will be fined: people - 1,500 rubles, and companies - 100,000. Moreover, a fine will be issued even if you report, but not according to the rules. And if you don’t report it at all, then when they find out, you’ll be fined 5,000 rubles. Companies will be in trouble at all: they will face a fine of 1,000,000 rubles.

The rules and forms for notifications are approved by the Federal Tax Service. For this purpose, she issues such orders: they tell us how to report and in what form. A new order has been in effect since October 5, but the previous one has become invalid.

How to properly report accounts abroad

There are four ways to inform the tax authorities that you have opened or closed a bank account outside of Russia. Or if your details have changed, not only of your account, but also of any deposit.

Personally. The notice must be brought to the tax office at your place of residence. If there is no permanent registration, then at the place of temporary registration. If it is not there, then at the location of your property. And when there is no real estate, you can report it to any tax office. Only those involved in business registration are not suitable.

By mail. If you don’t want to come in person, you can send a notification by mail even from another country. The date of presentation will be considered the day on which you sent the registered letter. The tax office is chosen according to the same principle as for personal representation.

Through a representative. Let’s say you can’t come yourself, then one of your relatives submits the notification for you. But provided that you have given him a power of attorney in advance. The form and terms do not change.

In your personal account on nalog.ru. Now notifications about foreign accounts can be submitted via the Internet and without having to go anywhere at all. You fill out the form, sign with a free, non-qualified signature - and that’s it, your duty to the country is fulfilled.

Report on cash flows on accounts abroad

The tax office wants to know not only that you have an account in a foreign bank, but also how much money is there. There is a separate report for this - on cash flow.

Starting in 2015, residents must submit such reports by June 1 of the following year. This can also be done through your personal account, in person and by mail. The report does not contain information about each transaction, but it should say how much money you had at the beginning of the year, how much came in, went out and remained. Separately for each currency.

The form of such a report is determined by the government. And the fines for it are even higher. The report has two sheets, but there should be as many second sheets as there are accounts you have abroad. If you fill it out incorrectly or hide something, the tax office may find out about it: it has tools for control. Then she will demand correction and still fine you. The amount of fines depends on the length of the delay and the number of violations.

3000 R

fine for late reporting of accounts abroad

I am a citizen of the Russian Federation, but I almost never visit Russia. Do I need to report anything to the tax office?

Only residents need to report foreign accounts. These can be both citizens of the Russian Federation and foreigners. But if the resident stayed abroad for a total of more than 183 days in calendar year, he may not report to the Russian tax authorities about his foreign accounts and deposits.

Please note that you can be a resident, but you do not have to submit a notice or report. It is enough to live abroad for more than 183 days in a calendar year. For example, if in 2017 you lived abroad for more than six months and did not file anything about your accounts, you have not broken the law. And if the same happens in 2018, calmly open deposits and don’t tell the tax authorities about them: you won’t get anything for it. This is a federal law that has been in effect since 2018.

Accounts that were closed before the end of 2014 do not yet need to be reported. This applies to everyone.

I didn't provide anything. So what's now?

Since April 2016, the statute of limitations for such violations is two years. You may still be fined for up to two years after the date you were required to report but failed to report. The longer the delay, the higher the fine.

Why does the tax office need this information?

The IRS wants to know about your accounts and the income you receive. This way she can check that you have paid all taxes. Maybe you rent out real estate abroad, but don’t pay anything to the Russian budget. Or you have a deposit in a Swiss bank, but there are no taxes. Or maybe you are selling securities or generally perform operations that are prohibited.

The tax office wants to find out all this in order to charge you something extra. Fines for failure to provide notifications are nothing. Sometimes you will have to pay 100% of the income you received in a foreign bank to the Russian budget.

Everything is strict with currency legislation. Before opening an account abroad or entering into an agreement in dollars, it is better to consult with an expert or at least the currency control department of your bank.

Citizens of our country may well open a bank account abroad, for example, place a deposit in order to make a profit. The legislation of our country does not prohibit residents of the Russian Federation from having foreign accounts, but the peculiarity is that if they have any accounts in foreign banks, they must report to the tax office, even for individuals. It follows that we need to consider in more detail what a notification about opening an account in a foreign bank looks like an individual, and all reporting features.

The legislative framework

The obligations of individuals to notify the Tax Inspectorate in writing about the opening and closing of accounts with a foreign bank are regulated by the Federal Law on Currency Regulation No. 173. According to the provisions of this law, even individuals must send a notification by in the prescribed form to the Federal Tax Service in three cases: opening and closing an account, changing details.

Please note that the Federal Law sets the deadline for submitting a notification to the Federal Tax Service for one month.

True, not so long ago the law was edited; now new rules have come into force, according to which it is necessary not only to report the presence of accounts in foreign banks, but also to notify the tax office about the movement of funds. For example, if you deposited funds or withdrew cash, you need to provide a corresponding report each time for these transactions. In addition, the procedure for submitting reports is also regulated by law, Article of the Federal Law on the procedure for individuals to submit reports on the movement of funds in accounts in foreign banks.

Who must notify the Tax Inspectorate?

Notification of the tax office about the opening of an account abroad by an individual is mandatory for every resident Russian Federation. That is, if you opened a deposit in a foreign bank, you have become a currency resident. By the way, only citizens of our country must notify the Tax Inspectorate, that is, this law does not apply to non-residents of Russia.

By the way, in order to avoid confusion in concepts, it is necessary to understand who exactly the Federal Law applies to:

1. Residents of the Russian Federation are persons who live on the territory of the Russian Federation for more than six months in total.
2. Currency resident are persons who do not reside in the territory foreign country on a permanent basis or have a residence permit in the Russian Federation.

How to report

According to the new rules, notification must be sent before June 1 of the year following the reporting period. The counting period is taken from January 1 to December 31 of the previous year. Notifications are sent about the opening and closing of accounts in foreign banks, as well as about the movement of funds. Now it’s worth considering what data should be included in the report:

• last name, first name and patronymic;
• Date of Birth;
• registration address;
• contact phone number;
• taxpayer identification number;
• Name of the bank;
• Account number;
• dates of receipt and debiting of funds.

Please note that you do not need to provide any documents from the bank, you just need to indicate the dates of movement of funds in the account; statements will not be required, at least if the tax office does not suspect the authenticity of the data you provided.

By the way, you can easily find a sample notification on the official website of the tax office at . It's worth talking a little about how the report is communicated. You can do this in two ways through the official website of the tax office or directly transfer the documents to your place of registration. In addition to the report, you will need a notarized copy of the agreement with a foreign bank, if it was concluded in foreign language, then it must be translated into Russian, respectively, a notarized document.

Please note that if you want to transfer a document online, you will need registration on the tax office website and a non-qualified enhanced electronic signature (you can obtain it in your personal account on the Federal Tax Service website for free).

It is also worth paying attention to some nuances, for example, if the document was filled out incorrectly or there were errors in it, it will be sent back within 7 days, so carefully monitor the deadlines and the correctness of filling out the documents. If you send the documents yourself, then you need two copies, one remains with the tax office and the other you receive with a mark of acceptance.

Penalties

If individuals have not complied with the requirements of the law, then they will face some troubles in the form of fines, the Code on administrative offenses In Russian federation. Article 15.25 regulates violations of currency legislation; it states that for the lack of reporting on the opening and closing of accounts in foreign banks, as well as the movement of funds through them, administrative punishment is provided in the form of a fine of 4,000 to 5,000 rubles for individuals.

Also, punishment awaits if individuals do not submit reports in a timely manner. deadlines or the documents are filled out incorrectly, here the fine is reduced to 1000–1500 rubles, while legal entities can be punished with a fine of up to 10,000 rubles. For concealing transactions bank account, an open foreign bank, a fine of 2,000–3,000 rubles is expected.

It should also be noted that hiding bank accounts abroad is impractical and even useless for individuals; sooner or later there will come a time when reporting will still have to be submitted to the State Tax Inspectorate, then the agreements will hide information about concealing information for previous periods. In this case, individuals will have to pay fines.

Do not forget that the tax inspectorate can independently find invoices Russian citizens in foreign banks. Indeed, such information is not confidential, because the authorized bodies different countries can exchange financial information; if the audit reveals accounts for which reports were not previously provided, their owners will be punished.

Please note that accession to the international agreement on the automatic exchange of financial data was signed in 2016, and the information itself will be received no earlier than September 1, 2018.

To sum it up, everyone must notify the Tax Inspectorate about the presence of their foreign accounts; penalties for opening and closing them, as well as the movement of funds, are not provided for in the event that a citizen of the Russian Federation does not violate Russian laws. Despite the complexity of the procedure, it will not take much time; you only need to make copies of all documents once, translate them into Russian and have them certified by a notary. Then fill out the application, by the way, the form of notification to the tax office about opening an account abroad, approved by order of the Federal Tax Service of Russia in 2013, number MMV-7-14/502@, which will not be difficult to find on the tax service website.

In accordance with the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”, I, the subject of personal data, hereinafter referred to as the User, submit information through the forms feedback(hereinafter referred to as Forms) on the website (hereinafter referred to as the Site), as well as to the corporate email addresses of the Law Firm “Business Fairway” ending with (hereinafter referred to as Corporate Mail), freely, in my own will and in my own interest, I express to the Law Firm “Business Fairway” (OGRN 1167700058679; INN 9705068808), located at the address: 109240, Moscow, Goncharnaya street, building 24, (hereinafter – Operator), consent to the processing of my personal data (hereinafter – Consent) on the following conditions.

1. The moment of acceptance of Consent is marking the corresponding field in the Form and clicking on the button to send the Form on any page of the Site, as well as clicking on the button to send an email containing the User’s personal data to the Operator’s Corporate mail address.

2. Processing of personal data – any action (operation) or set of actions (operations) performed using automation tools or without the use of such means with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.

3. Processing of personal data is carried out both with the use of automation tools, including in information and telecommunication networks, and without the use of such tools.

4. Consent is given to the processing of the following personal data of the User specified by the User in the Forms, in files attached to the Forms, as well as information sent to Corporate mail addresses:

Full Name;

Address Email;

Contact number;

Age;

Other personal data specified by the User in the Forms or files attached to the Forms.

5. Purposes of processing personal data:

User identification;

Interaction with the User, including sending notifications, requests and information regarding the Operator’s services, as well as processing requests and applications from the User and establishing feedback from the User to the Operator;

Answers to User requests;

Ensuring the User’s work with the Operator’s Website;

Sending analytical materials to Users and informing Users about upcoming events organized by the Operator, as well as registering Users to participate in such events;

Concluding contracts with the User, including employment contracts and contracts for the provision of legal services;

Sending reference and other marketing information to Users by sending messages to the email address specified by the User.

Providing Users with advice on issues related to the services provided by the Operator, for the purposes of marketing activities and support for Users, as well as for other purposes that do not contradict the current legislation of the Russian Federation and the terms of agreements between the Operator and Users.

6. During the processing of personal data, the Operator has the right to collect, record, systematize, accumulate, store, clarify (update, change), extract, use, transfer (distribution, provision, access), depersonalize, block, delete, destroy the User’s personal data .

7. The Operator takes necessary and sufficient organizational and technical measures to protect Users’ personal information from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other unlawful actions of third parties.

8. The transfer of the User’s personal data to third parties is not carried out, with the exception of the legal successors of the Operator during its reorganization and persons processing personal data on behalf of the Operator and on his behalf. If Users participate in events organized by the Operator, the latter has the right to disclose the relevant personal data of Users to persons participating in the organization of such an event.

9. Consent to the processing of personal data is issued by the User for the period necessary for the Operator to achieve the purposes of processing personal data.

10. Consent may be revoked by the User by sending a written statement to the Operator (109240, Moscow, Goncharnaya Street, 24) or by sending a written statement to the following Corporate email address: .

11. This Consent is valid all the time until the termination of the processing of personal data.

12. The concepts used in this Agreement must be interpreted in accordance with their definitions given in Federal law dated July 27, 2006 N 152-FZ “On Personal Data”.

Opening a bank account abroad can sometimes be challenging, depending on the purpose of the money transfer and the location of the account holder. In our article we will look at what documents are usually needed to open an account in another country, as well as what obligations arise for its owner, who is a resident of the Russian Federation.

How to open a bank account for an individual abroad: documents

It is difficult to give an unambiguous answer in this case, since the legislation, as well as the business traditions of a particular country, impose different requirements for the client authentication procedure.

However, the standard set of documents required to open an account for a foreign citizen in most countries includes:

• client questionnaire (filled out directly at the bank branch);
• foreign passport.

Some countries require additional documentation, including:

• residence permit in this country;
• visa;
• a document confirming the availability of real estate in the bank’s state;
• a document confirming the origin of the funds that will be credited to the account, for example, a 2-NDFL certificate, etc.;
• a special identification code issued by the tax authority of the country in which it is planned to open a current account (such a code can, however, be obtained on the territory of the Russian Federation if you contact the consulate of the corresponding country).

IMPORTANT! It is necessary to think in advance about what document can justify the expenditure of funds from the account, since in a number of countries the transfer of money from a non-resident’s account can only be made if there is confirmation of the purpose of the transfer. Thus, an invoice for payment for courses from a foreign educational institution, certificate from a medical institution, real estate purchase and sale agreement, etc.

It should also be remembered that opening an account abroad, as a rule, involves personal presence at the bank’s office. It is also possible to open an account by proxy.

Opening an account abroad for an organization

In this situation, the set of documents usually includes:

• constituent documentation;
• TIN and OGRN certificates;
• extract from the Unified State Register of Legal Entities;
• registers of directors, shareholders;
• order on the appointment of a director and chief accountant;
• passport of the director, founder, beneficial owner;
• power of attorney for an authorized representative of the company;
• letters of recommendation regarding the organization itself or its head/founder/beneficiary owner;
• certificates and licenses to carry out activities;
• client questionnaire and other bank forms signed by an authorized representative of the organization.

In this case, as in the situation of opening an account abroad, an individual must provide documentary evidence of the origin of the funds received in the account, as well as the purpose of their expenditure.

Opening a bank account abroad: notification of the Federal Tax Service of the Russian Federation

Residents, which can be both individuals and legal entities, have the right to open accounts and deposits in banks located outside the borders of the Russian Federation without restrictions. At the same time, accounts can be opened in any currency - both foreign and Russian (Clause 1, Article 12 of the Law “On Currency Regulation and Currency Control” dated December 10, 2003 No. 173-FZ, hereinafter referred to as Law No. 173).

Residents who have opened accounts in banks located outside the territory of Russia (except for accounts in branches of Russian banks abroad, see paragraphs 8-9 of Article 12 of Law No. 173) are required to notify the tax authorities of the Russian Federation about this.

Wherein:

• notification period - no later than 30 days from the date of opening the account (closing the account, changing its details, see paragraph 2 of article 12 of law No. 173);
• notification form - in accordance with the order of the Federal Tax Service of Russia dated August 28, 2018 No. ММВ37-14/507@
• The recommended electronic notification format is Appendix No. 4 to the order of the Federal Tax Service of Russia dated August 28, 2018 No. ММВ37-14/507@.

A notification to the Federal Tax Service of the Russian Federation can be sent to:

• by contacting the territorial body of the Federal Tax Service of the Russian Federation (in person or through a representative);
• by registered mail (a registered letter with acknowledgment of delivery is used, although any other sending option that allows you to obtain evidence of receipt of the letter by the addressee is acceptable);
• through electronic resources, including through the taxpayer’s personal account on the tax authority’s website.

IMPORTANT! When making the first transfer to an account opened abroad, a Russian bank is obliged to require the client to notify the Federal Tax Service of the Russian Federation about opening an account in another state. At the same time, such a notification must bear a mark indicating its acceptance (Clause 4, Article 12 of Law No. 173).

Notification of movement on an account abroad

Residents, legal entities and individuals, are also required by law to notify the tax authorities of the Russian Federation about movements in their accounts opened in banks located abroad.

Yes, a legal entity and individual entrepreneurs provide notice in accordance with the following requirements:

• frequency of notification to the Federal Tax Service of the Russian Federation - quarterly (clause 4 of the rules for submission by legal entities..., approved by Decree of the Government of the Russian Federation of December 28, 2005 No. 819, hereinafter referred to as Rules No. 819);
• notification period - within 30 days after the end of the reporting quarter;
• notification form - in accordance with the appendix to rules No. 819.

These reports must be submitted in relation to each individual account or deposit opened by a legal entity in a foreign bank. Each report must be accompanied by supporting bank documents, duly certified (clause 7 of rules No. 819).

The procedure for informing the tax authority by an individual who has opened a bank account abroad is different:

• frequency of notification - once a year annually (clause 2 of the rules for submission by individuals..., approved by Decree of the Government of the Russian Federation of December 12, 2015 No. 1365, hereinafter referred to as Rules No. 1365);
• notification period - until June 1 of the year following the reporting year;
• notification form - in accordance with the appendix to rules No. 1365.

In this case, such a report can be sent to the Federal Tax Service either in paper form (in person when visiting the Federal Tax Service of the Russian Federation by the account owner, through his authorized representative) or in electronic form through the taxpayer’s personal account (clause 5 of rules No. 1365).

Opening an account abroad: responsibility

Established by law closed list operations that can be performed by residents of the Russian Federation using an account opened with a foreign bank. Thus, funds received by a resident of the Russian Federation from non-residents as payment for the rental of property located outside the Russian Federation can be credited to an account in a foreign bank only if it is opened in a bank located in the territory of member states of the OECD or FATF, etc.

Administrative liability is provided for concealing the fact of opening (as well as closing and changing details) of an account abroad (clause 2.1 of Article 15.25 of the Code of the Russian Federation on Administrative Offenses, hereinafter referred to as the Code of Administrative Offenses):

• for individuals - from 4,000 to 5,000 rubles;
• officials - from 40,000 to 50,000 rubles;
• organizations - from 800,000 to 1,000,000 rubles.

Violation of the procedure for submitting a report on opening (closing or changing details) of an account in a bank outside the Russian Federation entails the application of the following measures administrative responsibility(clause 2 of article 15.25 of the Administrative Code):

• for individuals - from 1,000 to 1,500 rubles;
• officials - from 5,000 to 10,000 rubles;
• organizations - from 50,000 to 100,000 rubles.

So, the opening of a current account abroad by a resident of the Russian Federation, although carried out in accordance with the legislation of the country in which the bank is located, nevertheless leads to the emergence of such a resident’s obligation to notify the tax authority of the Russian Federation about the opening of the account, as well as to submit a corresponding report on the movement according to this account.

Failure to comply with the requirements of currency legislation entails the application of administrative penalties.

Opening an account abroad obliges its owner (a currency resident of the Russian Federation) to provide notification of opening an account abroad within 30 days to the tax authorities of the Russian Federation. This applies to absolutely all accounts opened outside the country, no matter for what purpose they were opened: to place a deposit or to receive a loan.

Tax authorities should also be notified if details are changed or a foreign account is closed within 30 days.

You can download the notification form for opening/closing an account in a foreign bank on the website of the Federal Tax Service or on our website:

A notification about opening an account abroad is submitted to the tax office at the place of registration in several ways:

1. Directly to the tax office.
2. Sent by mail with acknowledgment of receipt.
3. Sent online using an electronic digital signature.

Regulated by the Law “On Currency Regulation and Currency Control”.

Annual reporting on foreign accounts

After notifying the tax office about opening an account abroad, it is necessary to provide reporting on the movement of funds in this account.

Reporting on foreign accounts for individuals

Resolution No. 1365 of December 12, 2015 clarifies the situation regarding mandatory reporting to the tax authorities of the Russian Federation on accounts opened abroad for individuals.
It will be possible to send a report using personal account taxpayer, either by registered mail, or bring a notification to the tax office in person or through an authorized representative.

The reporting indicates the personal data of the owner of the foreign account, bank details, information about the movement of Money on the account indicating the balances at the beginning and end of the reporting period.

A separate report is submitted for each account. If the account has more than one owner, then each one submits his own report.

There are no requirements for individuals to attach bank statements or documents translated into Russian with notarization to their reporting.

Individuals should submit reports on foreign accounts to the tax office once a year: before June 1 of the year following the reporting year. Thus, according to the new Resolution No. 1365, the first report will need to be sent to foreign account holders for 2015 before June 1, 2016.

Reporting on foreign accounts for legal entities

Different rules and deadlines apply for reporting foreign accounts for legal entities. In this situation, one should be guided by Resolution No. 819 of December 28, 2005.

Organizations and individual entrepreneurs report to the tax authorities on accounts in foreign banks quarterly, within 30 days after the end of the quarter. Thus:

• 1.04 - 30.04 it is necessary to report for the first quarter;
• 1.07 - 31.07 it is necessary to report for the second quarter;
• 1.09 - 30.09 it is necessary to report for the third quarter;
• 1.01 - 31.01 it is necessary to report for the fourth quarter.

As many accounts as there are outside the Russian Federation, so many reports are compiled. Each report is accompanied by bank statements that comply with the laws of the bank's country. Documents are translated into Russian and notarized.