As IP withdraw money from the account, not to be blocked
His Work / / December 26, 2019
Why blocked account
Legislative limits on cash withdrawal from the current account for the SP is not set. But only in theory. In practice, employers do not give it the lawFederal Law "On counteraction to legalization (laundering) of proceeds from crime and terrorist financing" from 07.08.2001 number 115-FZAimed at combating money laundering and terrorism.
According to the lawyer of the legal service of the European Kokoreva Paul, banks can lock operations that seem illegal.
By law, an individual entrepreneur, as opposed to a legal person can spend their money for any needs, including for personalLetter Department of tax and customs tariff policy of the Russian Finance Ministry on August 11, 2014 Number 03-04-05 / 39905 On the order of accounting individual entrepreneurs income tax on personal income.
Because of this, IP is often featured in the scheme of cashing funds. From an entrepreneur can conclude fictitious transaction and to transfer it to the account of money. He would remove them in cash, which would be outside the surveillance zone Tax Service and law enforcement agencies.
This money may eventually go as far as to pay wages in envelopes, and for the purchase of explosives.
To avoid this, for suspicious account activity is observed. Now the chain involved banksSince it is easier to keep track of all, if something went wrong. Or at least not as much as before.
If the financial institution deems questionable operation, it has the right to freeze the movement of funds on the account and ask the client documents that could confirm its legality. Not having received the necessary papers, the bank sends data about it in the Federal Financial Monitoring Service.
There again analyze the situation and decide on the inclusion of a businessman in a "black list". Subsequently, it is fraught with the inability to open an account and get service, not only in the bank, which have identified suspicious transactions but also in any other financial institution.
That can attract the attention of the bank
Note that the wording "may involve" does not mean that your account will be blocked if you do something out of the above. However, lawyers are advised to avoid such situations, if you do not want to spend time bickering with the bank.
You shoot unreasonably large sum
You businessman, Which provides services to small and, accordingly, receives for them a little money. Suddenly you begin to pour into the account an amount equal to the budget of a small island nation, and you will immediately take them off and go somewhere.
Translation and removing a large amount of the value of FE is not proportionate, hover the tax authorities on the suspicion. This is best avoided.
Konstantin Bobrov, director of the legal service of "One Center for Protection"
In the most high-profile caseCase number 78-KG17-90Confirming such practices, featured figure of 56 million. That's how much the entrepreneur has received from the client company and tried to take all at once. At the same time before such large sums at the expense of never reported, so the bank found it suspicious operation, and his court upheld.
You withdraw money immediately after arrival
If you shoot the cash within three to five days after receipt, it is suspicious. So stated in the recommendationsGuidelines of the Bank of Russia on July 21, 2017 № 19-MR Central Bank. Operation looks questionable, because such urgency is not clear. The bank may want to check where the money and what you do with them - can, are giving the person who washes through you income?
Konstantin Bobrov, director of the legal service of "One Center for Protection"But this does not mean that you should scrupulously avoid cashing in the day of the transfer. We are talking about situations where you make such operations permanent.
You withdraw cash in the amount of slightly less than 600 thousand rubles
According to lawFederal Law "On counteraction to legalization (laundering) of proceeds from crime and terrorist financing" from 07.08.2001 number 115-FZ, Banks are required to control certain operations in excess of 600 thousand rubles. Therefore, the Central Bank believes that the regular removal of the sums that are close to this, but do not exceed it, it is an occasion guard.
You do not pay from the account
bank map - convenient payment instrument, so look strange if the account is used only for entrepreneurs cashing money.
What to do to avoid falling under suspicion
Do not remove all the cash
If there is no urgent need to remove the entire amount from the account as a whole, do not do it. Let the account will remain at least part of the deposited funds.
Wait 5 days after the transfer of funds
Once the Central Bank considers withdrawal within three to five days, suspicious, it is better not to risk it and do not withdraw the money in this period.
Spend from the account
The card can be tied to account IP. Spend money directly, because as an entrepreneur you can buy these funds and materials for production, and food for the family.
If you withdraw money to put them on the map of another bank, because there you have a profitable keshbek or interest on the balance, keep the receipts for making money through ATMs, and ideally - and spending from the account (at least on the major).
Keep documents confirming expenses
Let's say you were shooting for several days at 599 000 rubles to buy a car itself, his wife, his father and uncle twice removed - are eligible. But you have to prove that the money was carried in the showroom, but not nuclear weapons developers.
Although accountable for the money taken by the law and do not, if the bank will block the operation, it is necessary to have supporting documents.
Paul Kokorev lawyer legal service of the European
Collaborate with the bank
If the bank have any questions, do not ignore them. The sooner you provide documents explaining the movement of funds, the greater the chance to resolve the issue.
see also🏦🧐💳
- What to do if the bank to block the card
- For that the bank can block the transaction on the account and what to do
- How to close the account so that the bank realized that it's over between you