4 e-wallet rules you need to know

An electronic wallet is an account that is opened in one of the payment services. These are, for example, Qiwi, PayPal, WebMoney, YuMoney and so on. With a few caveats, the wallet works almost like a bank account. You can receive money on it, transfer them, pay for purchases with them, and so on.

But unlike bank accounts, e-wallets have remained in a gray area for a long time. Payments were little tracked, so such services were widely used scammers. If money is stolen from a bank account directly to a bank account, their path will be easy to trace. But before that, it is enough to transfer them several times through anonymous wallets, and the ends will be lost. And such services made it possible to transfer funds without tax control. Many received payment for part-time work on wallets and did not pay any royalties.

Therefore, the state decided to close the shop and systematically introduce new regulations in this area. There are many nuances, and ignorance of the law does not absolve from responsibility. So let's figure out what the rules are.

1. Anonymous e-wallets cannot be replenished without identification

The law does not prohibit registering e-wallets without specifying personal data. They usually have a limited set of options. For example, you cannotFederal Law of June 27, 2011 No. 161-FZ "On the National Payment System" keep more than 15 thousand on the account and transfer more than 40.

But since 2019, another important limitation has been in effect.Federal Law of June 27, 2011 No. 161-FZ "On the National Payment System": if the owner of the wallet did not provide personal data to the payment system, he will be able to replenish it only from a bank account. Anonymous channels like terminals are closed to him.

This measure was introduced, according to official data, to discourage the financing of terrorism and drug trafficking. The old scheme allowed both the sender and the recipient to remain anonymous. According to the new rules, at least one of them is always known.

2. A business needs an online cash register to receive payments to an electronic wallet

In order to accept payment for goods and services, it is not enough to give the client an e-wallet number and ask to transfer money. Online checkout necessaryFederal Law of May 22, 2003 No. 54-FZ "On the use of cash register equipment in the implementation of settlements in the Russian Federation" apply for payments by any electronic means of payment. And customers should get their check. An exception was made for self-employed and some entrepreneurs with a patent, such as tutors, as well as for calculations, both of whose participants are business representatives.

Those who work through payment agents - intermediary services that accept money from the buyer in favor of the seller - can do without cash registers. Then they use the cash register equipment, and they draw up the checks too.

3. Foreign e-wallets cannot be used at all without linking a bank account

The payment system in which your wallet is registered can be Russian or foreign. And no one paid attention to it before. But everything changed in 2021Federal Law of December 10, 2003 No. 173-FZ "On Currency Regulation and Currency Control".

It is still possible to use foreign currency wallets in Russia. But without restrictions, they were allowed to be used only by individuals for domestic needs - buy something in a foreign online store, send money or receive. But for business purposes, this will not work. You cannot use a foreign wallet:

• accept payments for goods and services;
• conduct foreign trade activities;
• lend and receive money under the relevant agreements.

The above also applies to individuals, including those in the status of self-employed or SP, and companies. To do this, you need to issue a bank card according to the rules of the payment system. Then these options are "unlocked".

There are two important points. First, the innovation concerns tax residents, that is, those who spend 183 days or more a year in the country. Citizens of the Russian Federation who live abroad permanently, this does not apply. Secondly, some foreign payment systems have already opened representative offices in Russia. And if the wallet is available at a local branch, that is, an agreement is concluded with a Russian legal entity, the restrictions also do not apply.

Violation of the rule can be fined 75-100%Administrative Code of the Russian Federation Article 15.25. Violation of the currency legislation of the Russian Federation and acts of currency regulation bodies from the amount of the illegal transaction.

4. For transfers over 600 thousand to foreign e-wallets, you must report

This applies to wallets without opening a bank account for them. If more than 600 thousand rubles were received for such a year, then it is necessaryResolution of the Government of the Russian Federation of September 27, 2021 No. 1618 "On Amendments to the Government Resolution Of the Russian Federation of December 28, 2005 No. 819 and the Resolution of the Government of the Russian Federation of December 12, 2015 No. 1365 " report to the tax office.

If the limit is exceeded, individuals, including self-employed and individual entrepreneurs, mustDecree of the Government of the Russian Federation of December 28, 2005 No. 819 "On Approval of the Rules for Submission by Resident Legal Entities and Resident Individual Entrepreneurs tax authorities of reports on cash flows and other financial assets on accounts (deposits) with banks and other organizations of the financial market located outside the territory of the Russian Federation, and on money transfers without opening a bank account using electronic means of payment provided by foreign suppliers payment services " submit documents before July 1 of the year following the reporting year. That is, for example, about 600 thousand rubles on the wallet in 2021 can be reported to the Federal Tax Service in the first six months of 2022. Legal entities must submit a report within 30 days after the end of the quarter in which the wallet balance exceeded the final value. And then, by the end of the year, report for each subsequent quarter.

Money in different wallets is not cumulative. If you have several of them and there are less than 600 thousand of them, you do not need to report. But if you are obliged to do this, but do not hand over the documents, they can be fined by 20-40%Administrative Code of the Russian Federation Article 15.25. Violation of the currency legislation of the Russian Federation and acts of currency regulation bodies the amount received on the wallet in the reporting period.

Natalia Kopylova