Clients - non-residents of the Russian Federation make transfers in foreign currency without restrictions.

Requirements for residents of the Russian Federation

Transfers by residents of the Russian Federation in foreign currency, as well as transfers in Russian rubles with the participation of non-residents of the Russian Federation, are subject to exchange control.

In accordance with currency legislation:

transfers by a resident of the Russian Federation when making a payment in favor of a non-resident of the Russian Federation both in rubles and in foreign currency are carried out without restrictions;
transfers in foreign currency between residents of the Russian Federation are prohibited, with the exception of the operations listed in Article 9, Part 6 of Art. 12, parts 3 art. 14 of the Federal Law of December 10, 2003 No. 173-FZ “On Currency Regulation and Currency Control,” including between close relatives ().
transfers by a resident of the Russian Federation from the Russian Federation in favor of other resident individuals to their accounts opened in banks located outside the territory of the Russian Federation cannot exceed the equivalent of 5,000 US dollars at the official rate established by the Central Bank of the Russian Federation on the date of debiting funds from the individual’s account - a resident of the Russian Federation on one transaction day.

When drawing up a payment document, the absence in the “payment purpose” field of information that allows one to determine the economic meaning of a currency transaction, and/or documents and information, as well as references to these documents in the payment document, is grounds for refusal to carry out a currency transaction. When making a transfer for a third party, in the “Purpose of payment” field, in addition to other information, the full name of the person for whom the transfer is being made must be indicated.

The requirement to provide supporting documents applies to currency transactions related to transfers:

in favor of legal entities - non-residents of the Russian Federation for an amount equal to or exceeding in ruble equivalent 600,000 rubles on the date of payment;
When making settlements with non-residents of the Russian Federation - legal entities for an amount equal to or exceeding 600,000 rubles in ruble equivalent on the date of payment, it is necessary to provide documents justifying the transfer. Such documents may be:
agreements (contracts);
invoices (bills, invoices, etc.);
correspondence with the payer by e-mail or on paper;
other documents provided for in Article 23 of Federal Law No. 173-FZ, on the basis of which the currency transaction is carried out.
in favor of individuals - non-residents of the Russian Federation in an amount exceeding the equivalent of 5,000 US dollars at the Bank of Russia exchange rate on the date of payment;
When making settlements with non-residents of the Russian Federation - individuals for an amount exceeding the equivalent of 5,000 US dollars on the date of payment, it is necessary to provide information on confirmation of the currency and accounting status of the recipient (non-resident of the Russian Federation) of the funds and the content of the transaction. Information can be provided in any form, including indicated in the “payment purpose” field of the submitted payment document (for example, “Financial assistance to a non-resident of the Russian Federation”).
in favor of individuals - residents of the Russian Federation, who are spouses or close relatives of the client, to the accounts of these persons opened in banks located on the territory of the Russian Federation - regardless of the amount of the transfer;
For a list of required documents, see the next paragraph.

in favor of individuals - residents of the Russian Federation, who are spouses or close relatives of the client, to the accounts of these persons opened in banks located outside the territory of the Russian Federation, if the transfer amount exceeds the equivalent of 5,000 US dollars at the Bank of Russia exchange rate on the date of payment;
When making payments between spouses or close relatives (relatives in a direct ascending and descending line - parents and children, grandparents and grandchildren), full and half-siblings (having a common father or mother) brothers and sisters, adoptive parents and adopted children, the following documents can be provided: confirming relationship:
certificates issued by civil registry authorities (marriage, birth, etc.);
court decisions;
identity documents containing records of children and spouses;
other documents provided for by the legislation of the Russian Federation.
Directive of the Bank of Russia dated July 20, 2007 No. 1868-U “On the provision by resident individuals to authorized banks of documents related to certain currency transactions”

In what order can non-resident foreign legal entities open bank accounts (bank deposits) in foreign currency and the currency of the Russian Federation?

Based on Article 13 of the Federal Law of December 10, 2003 No. 173-FZ “On Currency Regulation and Currency Control” (hereinafter referred to as Law No. 173-FZ), non-residents on the territory of the Russian Federation have the right to open bank accounts (bank deposits) in a foreign country currency and the currency of the Russian Federation only in authorized banks.

Let us immediately note that foreigners who have violated the provisions of acts of currency legislation of the Russian Federation and acts of currency regulation authorities bear the following types of liability in accordance with the legislation of the Russian Federation (Article 25 of Law No. 173-FZ):

administrative responsibility (Article 15.25 of the Code of Administrative Offenses of the Russian Federation);

criminal liability (Article 193 of the Criminal Code of the Russian Federation).

Non-resident foreigners have the right, without restrictions, to transfer foreign currency and the currency of the Russian Federation from accounts (deposits) in banks outside the territory of the Russian Federation to their accounts (deposits) in authorized banks, and vice versa. Authorized banks are those banks that have the appropriate license (for example, Sberbank, VTB24, Alfa-Bank, etc.).

The procedure for opening and maintaining bank accounts (bank deposits) of non-residents opened on the territory of the Russian Federation, including special accounts, is established by the Bank of Russia (Clause 2 of Article 13 of Law No. 173-FZ). Currently, the Bank of the Russian Federation Instruction No. 153-I dated May 30, 2014 (as amended on December 24, 2018) “On opening and closing bank accounts, deposit accounts, and deposit accounts” is in force.

What does a foreign legal entity need to do to open a bank account?

Often, a foreign company does not have branches or separate divisions on the territory of the Russian Federation. Can a foreign company open a current account in a Russian bank without opening a representative office or branch in Russia?

Yes, maybe the first step of a foreign company should be to register with the tax authority, assigning a TIN and issuing a certificate of registration (letter of the Federal Tax Service of the Russian Federation dated September 1, 2014 No. SA-4-14/17456).

How to register a foreign company with the tax authority?

Currently, tax authorities register foreign organizations in accordance with the provisions of the Tax Code of the Russian Federation and Order of the Ministry of Finance of the Russian Federation dated December 28, 2018 No. 293n (letter of the Federal Tax Service and the Ministry of Finance of the Russian Federation dated January 24, 2019 No. 293n).

When registering, including in connection with opening bank accounts in the Russian Federation, a foreign organization is assigned a TIN and issued a Certificate of Registration.

Registration with the tax authority of a foreign organization on the specified basis (in connection with the opening of bank accounts by a foreigner in the territory of the Russian Federation) is carried out on the basis of the following documents:

an application from a foreign organization for registration with the tax authority in the form approved in accordance with clause 5.1 of Article 84 of the Tax Code of the Russian Federation;

extracts from the register of foreign legal entities of the country of origin or another document of equal legal force confirming the legal status of the foreign organization;

a document from the authorized body of the country of origin of the foreign organization confirming its registration as a taxpayer in that country indicating the taxpayer code (or an analogue of the taxpayer code), or a document from the specified body confirming the absence of such a code (its analogue). If the taxpayer code (its equivalent) is indicated in the statement itself, no additional document is required.

Constituent documents of a foreign company (Charter) - notarized copies, apostilled or consular legalized.

The date of registration with the tax authority of a foreign organization is the date of entry into the Unified State Register of Information about its registration with the tax authority (clause 27 of the Order of the Ministry of Finance of the Russian Federation dated December 28, 2018 No. 293n).

If a foreign organization opens a new account (deposit) in the same or any other bank (bank branch) on the territory of the Russian Federation, re-registration of such a foreign organization with the tax authorities is not carried out (clause 28 of the Order of the Ministry of Finance of the Russian Federation dated December 28, 2018. No. 293n).

Registration of foreign organizations on the specified basis is carried out only in the absence of any other grounds for registration with the tax authority. In accordance with the norms of the legislation of the Russian Federation, registering a foreign organization only in connection with opening a bank account does not lead to such organization carrying out activities in the Russian Federation (letter of the Federal Tax Service and the Ministry of Finance of the Russian Federation dated January 24, 2019 No. 293n).

A foreign company must contact the tax office at the location of the bank.

As stated, in a situation where a foreign organization opening a bank account does not have a separate division on the territory of the Russian Federation, it becomes registered for taxation in connection with the opening of a bank account on the territory of the Russian Federation.

Set of documents for opening an account for a foreign legal entity

To open a current account for a legal entity created in accordance with the legislation of a foreign state and located outside the territory of the Russian Federation, the following must be submitted to the bank (clause 4.2 of the Instruction of the Bank of the Russian Federation dated May 30, 2014 No. 153-I):

licenses (permits) issued to a legal entity, if these licenses (permits) are directly related to the client’s legal capacity to enter into an agreement on the basis of which an account is opened;

card;

documents confirming the authority of the persons indicated in the card to dispose of funds in the account, and in cases where the agreement provides for certification of the rights to dispose of funds in the account using an analogue of a handwritten signature, documents confirming the authority of persons entitled use an analogue of a handwritten signature;

documents confirming the powers of the sole executive body of a legal entity;

documents confirming the legal status of a legal entity under the laws of the country on the territory of which this legal entity was created, in particular, documents confirming its state registration;

certificate of registration with the tax authority in cases provided for by the legislation of the Russian Federation.

In cases provided for by the legislation of the Russian Federation, documents submitted when opening a bank account must be legalized. The apostille is affixed on the document itself or on a separate sheet attached to the document.

A document of a foreign state legalized in the prescribed manner is subject to translation into Russian. Both the foreign document itself and the apostille affixed to it are translated into Russian.

A card with sample signatures of persons authorized to sign certain papers when conducting transactions on behalf of a foreign company is certified by a notary.

Opening a bank account may be refused if documents confirming the information necessary to identify the client are not provided, or false information is provided, as well as in other cases provided for by the legislation of the Russian Federation.

The opening of a bank account is completed, and the bank account is considered open with the corresponding entry being made in the Open Accounts Registration Book. The entry must be made in this Book no later than the business day following the day the relevant agreement is concluded.

Non-residents of the state can be not only individuals, but also legal entities. The last category includes foreign companies established outside the Russian Federation. The permanent location of such companies is also listed outside the borders of Russia. However, their branches and representative offices have the right to operate in any region of the Russian Federation. To do this, you must register for tax purposes with the Russian tax office and open a bank account for a foreign company.

Types of accounts for non-resident legal entities

Current accounts are any accounts, with the exception of credit and deposit accounts, which are intended for mutual settlements and other operations carried out in the current financial activities of enterprises. The procedure for opening them to foreign organizations abroad is established by the Central Bank. The rules of the procedure are set out in Instruction No. 93 of the Central Bank of the Russian Federation.

The right to open an account for foreign legal entities is granted to those financial institutions that have a license to conduct transactions with both rubles and foreign currency.

Today, almost any bank has such powers. However, it is better to give preference to a large banking structure that has a dedicated foreign exchange department. In such banks, the practice of maintaining accounts has already been developed, which will allow you to avoid unnecessary time costs.

For foreign companies, there are several types of accounts that differ in their purpose within the framework of various financial transactions.

Current (type T)

These are ruble accounts that are opened primarily to service the export-import operations of foreign enterprises. Its second purpose is to service branches and representative offices of the organization located in Russia. This account is necessary to conduct your main activities.

It can be credited to:

receipts for goods delivered to the Russian Federation;
loans received by the owner of the account, as well as payments under previously formed credit agreements;
funds received from the sale of securities;
revenue in ruble equivalent from the sale of foreign currency within the Russian Federation;
funds transferred from an “I” account opened in the name of the same owner.

From the “T” type account you can make the following payments:

payment to residents for goods delivered to Russia;
transfers of funds under depositary transactions, payment of depository certificates, bonds;
transfers to residents not related to trading activities (for example, payment of utility bills, taxes, etc.);
other types of payments provided for by the instructions of the Central Bank.

Owners of such accounts can receive cash from them to pay their employees, pay travel expenses, and make other small urgent transfers.

The transfer of possible payments is an answer to another question: does the bank have the right to issue certificates of deposit to foreign legal entities? This procedure is possible, as is the sale of bonds and other securities.

Investment (type I)

This account is intended exclusively for conducting investment activities, including participation in privatization. It is strictly forbidden to credit borrowed funds to it, or to use it to pay for bank certificates and bonds, including government bonds. It will also not be possible to issue a loan using the money credited to it. Only one account of this type can be opened in the name of one owner.

Where can funds come from for a type “I” account? The following translations are allowed:

ruble revenue from the sale of foreign currency in Russia;
dividends and interest on stocks and bonds;
amounts received after the sale of shares and participation interests.

The following transactions can be paid from an investment account:

purchasing foreign currency in the Russian Federation;
purchase of privatized companies and privatization checks;
payment of commission to the bank in which the account is opened.

Funds credited here cannot be transferred to other ruble accounts, including current type “T” accounts. Transfer by foreign companies from “I” accounts of foreign currency purchased in the Russian Federation is carried out without any restrictions.

Convertible (type K)

This type of account is required for settlements in the currency of the Russian Federation. With its help you will be able to:

pay in rubles for foreign currency sold;
pay for goods sold to residents;
withdraw cash to pay employees;
purchase foreign currency on the Russian domestic foreign exchange market.

The number of “K” type accounts in a bank in the name of one owner is not limited.

Non-convertible (type H)

It allows you to make transactions in rubles and foreign currencies. The intended purpose of such an account may be the following operations:

crediting funds for the sale of real estate within Russia;
obtaining bank loans and loans, compensation amounts from insurance companies;
acquisition of shares, participation interests.

There are also no restrictions on the number of type “N” account accounts for one non-resident.

Special accounts for foreign companies

With only one current account, it is difficult for a large enterprise to manage its financial flows. For this purpose, banking structures provide for the establishment of special bank accounts. They are divided depending on the intended use.

Can a foreign company open a special account in a Russian bank? Yes maybe. The rules and procedure for maintaining such bank accounts are regulated by Instruction No. 116-I of the Central Bank of the Russian Federation.

Account type “C” (code 14)

Such an account is opened to purchase from residents and alienate in their favor bonds issued on behalf of the Russian Federation. It is used to make debits and credits:

from bank accounts of non-residents of the Russian Federation;
with settlement accounts of residents upon alienation of bonds;
payment of penalties and fines from settlement accounts of residents;
return of reservation amounts made by a non-resident;
return of funds for unfulfilled obligations, including erroneously credited funds.

Account type "A" (code 15)

It is intended for settlements with residents on transactions related to the acquisition of shares and investment units of the relevant mutual funds. Debiting and crediting occurs according to the same operations as for the “C” type account.

Account type "O" (code 16)

It is required for settlements on securities issued on behalf of the Russian Federation, except for bonds.

Account type “B1” (code 17)

Its main purpose is to receive borrowed funds from residents. It is also necessary when receiving Russian currency from residents for transactions related to the issue of shares and bonds, for the issuance of bills.

Account type “B2” (code 18)

From it, the account owner issues loans and borrowings to residents. Another purpose is the acquisition and alienation of domestic non-issue securities or rights certified by them. Transactions related to the settlement of bills do not apply here.

All deposits and debits occur in accordance with the regulations of the country’s currency legislation. If the purpose of the transfer does not correspond to the type of open account, the bank will refuse to make the payment. Another reason for refusal may be an incorrectly executed payment document. The number of special accounts for one foreign enterprise is not limited.

List of documents

Opening an account for a non-resident legal entity is carried out after providing them with a certain set of papers. It includes:

Copies of documents legalized at the consulate evidencing the legal status of a legal entity obtained in the territory of a foreign state. In other words, these are papers confirming the state registration of a company on its territory. They may be:
- constituent documents;
- certificate of incorporation;
- extracts from the trade or bank register.
A copy of the certificate of registration with the Russian tax office.
Minutes, decision or other documents confirming the appointment of company managers.
A card with sample signatures of persons authorized to sign certain papers when conducting transactions on behalf of the company. It is certified by a notary. In addition to the card itself, you will need documentation indicating the powers of the officials indicated on it. They can be a special administrative act or a power of attorney.
If an account is opened through a representative, then he must present a power of attorney to open the account and manage it. If a power of attorney is issued in Russia, it is certified by a notary or the embassy of a foreign state in the Russian Federation. A power of attorney drawn up in a foreign language is accompanied by a certified translation. If a power of attorney is issued in the territory of a non-resident, it is legalized at the consulate or apostilled.
Copies of all persons indicated on the card and authorized representatives.
A copy of the permit from the National Bank of the country in which the foreign company is registered. It will be required if the availability of such a permit is necessary in accordance with international treaties with the participation of the Russian Federation or legislative acts of a foreign state.
Application for opening an account.
A client profile, including not only the owner’s data, but also all authorized and trusted persons.

Documents for representative offices and branches

Opening an account for a foreign company in a Russian bank for its branch offices requires supplementing the above set of documents. Representative offices will be required to:

A photocopy of the legalized regulations on a separate structural unit.
A copy of the power of attorney for the authority to open an account.
A copy of the certificate for making an entry in the consolidated state register of accredited branches of foreign organizations, or in the same register for representative offices.

To become more familiar with the activities of divisions of foreign companies in the Russian Federation, you should study what it is.

Document requirements

All documents must be drawn up in compliance with the following conditions:

For papers that are fully or partially executed in a foreign language, a translation certified by a notary is attached.
All official documentation confirming the legal status of a foreign company is legalized.
A power of attorney issued in Russia is certified by a notary. Paper generated abroad is subject to legalization requirements.
The card with sample signatures is certified by a notary. Certification will not be required if all the persons indicated on the card will be present at the bank in person at the time of opening the account.
The provided copies can be certified both by a notary and by the bank employee receiving them.

Legalization process

In order for documents to be accepted by the bank, they need to be legalized. This procedure is carried out by the Russian consulate abroad or the embassy of a foreign state in Russia. Subject to legalization:

Papers emanating from bodies or officials under the jurisdiction of the state.
Any administrative documents.
Regulatory acts.
Official marks, eg registration note, visa stamps.

When is it not necessary to legalize documents?

Papers are not subject to legalization if they are formed within the following limits:

countries party to the Hague Convention if there is an apostille on the document itself or on its certified copy;
States party to the Convention on Legal Assistance and Legal Relations in Family, Civil and Criminal Proceedings.

What is apostille

Apostille is certification of documentation in accordance with the Hague Convention. Apostille is carried out by a government agency in the country where the documents are issued. Its advantage is that certification in this way is faster and easier than when contacting the consulate.

However, not all countries have signed the convention, and therefore not every non-resident can use an apostille. Currently, there are 70 countries party to the convention, including the Russian Federation.

Certified translation

Certification of the translation of documents is carried out by a qualified translator who is fluent in the required language. The translation is then certified by a notary. This procedure must be carried out before legalization or apostille. It is necessary to provide already translated documents to the consulate.

Registration of a foreign company with the tax authorities

A foreign company is required to register with the tax office of the region to which the bank where it opens a bank account belongs, if it plans to operate within the Russian Federation.

The date of registration is the day of making an entry about the organization in the Unified State Register of Taxpayers.

Registration occurs within five working days after submitting an application to the tax authority.

Required Documentation

The set of papers provided to the inspection looks like this:

Application for registration according to form No. 2001I.
Certificates from the tax authority of the country to which the company belongs. It must reflect the fact of registration of the company as a taxpayer of its state, indicating the payer code.
Constituent documents of the company.
An extract from the register of legal entities or other papers confirming the legal status of the enterprise.

Non-resident TIN

The registration process ends with the assignment of an individual tax number (TIN) to the foreign enterprise - the same as for Russian companies. The number is used to identify the organization, and together with the checkpoint - for each separate division of the company.

The TIN itself consists of ten digits: the first four indicate regional affiliation, the next four correspond to the code of the foreign company under which it is entered into the Unified State Register of Real Estate, the last number is the control number.

Account opening notification

If a resident opens an account in a foreign financial institution, his responsibility is to notify about the opening of an account in a foreign bank. It is allowed to open an unlimited number of accounts in foreign credit institutions, but the taxpayer is obliged to notify his tax office about each of them.

The notification is submitted no later than one month from the date of opening, closing or changing the account details. Violation of deadlines is punishable by a warning or an administrative fine in the amount of 1,000 to 2,000 rubles.

There is a standard format for this document. You can submit a notification either directly through the inspector or by mail.

Opening time and cost

Each financial institution has its own period for opening an account for a foreign company. It usually ranges from two to five business days.

The cost also varies depending on each lending institution. In addition to the costs associated with the immediate opening, you should take into account the costs of notarization, legalization of papers and translation of documents.

Refusal to open an account

Any bank licensed to conduct foreign currency transactions is required to open an account for a foreign company upon its request. The only justified reason for refusal may be an incomplete or incorrectly formed set of provided papers.

In this case, it is necessary to clarify which documents are missing or what errors were made in them, and make a repeated request to the bank after eliminating these shortcomings.

How to open a current account for an LLC: Video

April 2016 – ... Lawyer migration portal website.

April 2014 – January 2015. Specialist in labor migration issues. Department for Labor Migration of the Federal Migration Service of Russia for the Moscow Region.

Question 13. The Accounts Chamber of the Russian Federation as a state subject

Question 14. The Ministry of Finance of the Russian Federation as a subject of state financial control

Question 15. Ministry of the Russian Federation for Taxes and Duties as a subject of state financial control

Question 16. Federal Tax Police Service of the Russian Federation as a subject of state financial control

Question 17. Control of financial and credit authorities (banking control)

Question 18. On-farm control

Question 19. Audit (independent) financial control

Question 20. The concept and role of the budget

Question 21. Types of budgets

Question 22. Budgetary law of the Russian Federation

Question 23. Budget structure of the Russian Federation

Question 24. Characteristics of the principles of the budget structure of the Russian Federation

Question 25. Composition of the revenue part of the budget system

Question 26. Composition of the expenditure side of the budget system

Question 27. Budget deficit

Question 28. Budgetary rights of the Russian Federation

Question 29. Budgetary rights of the constituent entities of the Russian Federation

Question 30. Budgetary rights of municipalities (local governments)

Question 31. Budget process

Question 32. Characteristics of the principles of the budget process

Question 33. Budget classification

Question 34. Stages of the budget process

Question 35. Budget loans

Question 36. Legal regime of state extra-budgetary funds

Question 37. Characteristics of the Pension Fund of the Russian Federation

Question 38. Characteristics of the Compulsory Health Insurance Fund

Question 39. Characteristics of the Federal Road Fund of the Russian Federation

Question 40. Legal regulation of state revenues

Question 41. Taxes and fees

Question 42. Tax law of the Russian Federation

Question 43. Tax legal relationship

Question 44. Elements of tax law

Question 45. Rights and obligations of taxpayers

Question 46. Rights and obligations of tax authorities

Question 47. Responsibilities of credit and other organizations as subjects of tax legal relations

Question 48. Financial liability for violation of tax laws

Question 49. Criminal liability of a taxpayer for violation of tax laws

Question 53. Responsibility of the Ministry of Taxes and Duties of the Russian Federation for violation of tax legislation

Question 51. Characteristics of value added tax (VAT)

Question 52. Characteristics of income tax

4. Profit tax rates and the procedure for its transfer to the budget

5. Tax benefits.

Question 53. Characteristics of corporate property tax

Question 54. Characteristics of excise taxes

Question 55. Characteristics of taxes, employees

Question 56. Characteristics of personal income tax

Question 57. Characteristics of taxes on property of individuals

Question 58. State credit

Question 59. National debt

Question 60. Classification of government loans

Question 62. Insurance law

Question 63. Insurance legal relations

Question 64. Characteristics of property insurance

Question 65. Interaction between insurers

Question 66. Legal regulation of government spending

Question 67. Financing

Question 69. Social and cultural expenses

5. The “Social Policy” section includes expenses for:

Question 70: Defense spending

Question 71. Costs of maintaining the government apparatus

Question 73. Financing of public capital investments

1. To open financing for public capital investments

Question 74. Extrabudgetary funds

Question 75. Legal basis for bank lending

Question 76. Banking power of the Russian Federation

Question 77. Regulation by the Bank of Russia of the activities of credit institutions

Question 78. Supervision of the Bank of Russia. Responsibility

Question 79. Registration and licensing of credit organizations

Question 80. Declaring a credit organization insolvent (bankrupt)

Question 81. Legal basis of the monetary system

Question 82. Cash transactions on the territory of the Russian Federation

Question 83. Currency regulation in the Russian Federation

Question 84. Subjects of currency legal relations

Question 85. Objects of currency legal relations

Question 86. Currency transactions

4. Currency transactions related to the movement of capital mean:

Question 87. Licensing of foreign exchange transactions

Question 88. Mandatory sale of foreign currency earnings

Question 89. Types of bank accounts of non-residents

1) Non-resident legal entities, except non-resident banks:

Question 90. Currency control

Question 91. Characteristics of currency control authorities

Question 92. Responsibility for violation of currency laws

Question 93. Settlement legal relations

Question 94. Bank account

Question 95. Opening, re-registration and closing of accounts

Question 96. Rules for non-cash payments

Question 97. Settlement obligations

Question 98. Undisputed debiting of funds from accounts

Question 99. Characteristics of a bill

Question 89. Types of bank accounts of non-residents

1. According to the Instruction of the Central Bank of the Russian Federation “On the procedure for opening by authorized banks of non-resident bank accounts in the currency of the Russian Federation and conducting operations on these accounts” dated October 12, 2000 No. 93-I, authorized banks can open the following types of bank accounts in the currency of the Russian Federation for non-residents:

account type *TO"(“convertible account”) - opened to non-resident individuals, non-resident legal entities, including non-resident banks, and official representative offices for payment

Commodities in the currency of the Russian Federation for transactions provided for in Appendix 1 to the specified Instructions. Cash in “K” type accounts can be used to purchase foreign currency on the domestic foreign exchange market of the Russian Federation in the manner established by the Bank of Russia;

account type "H" (“non-convertible account”) - opened to non-resident individuals, non-resident legal entities, including non-resident banks, and official representative offices for settlements in Russian currency for transactions provided for in Appendix 1 to the specified Instructions. Funds in “N” type accounts can be used to purchase foreign currency on the domestic foreign exchange market of the Russian Federation;

account type *F" (“individual account”) - opened to non-resident individuals for settlements in the currency of the Russian Federation for transactions provided for in Appendix 1 to the specified Instructions. Funds in “F” type accounts can be used to purchase foreign currency on the domestic foreign exchange market of the Russian Federation in the manner established by the Bank of Russia.

The number of bank accounts of types “K”, “N”, “F” opened in the name of one non-resident in one or several authorized banks is not limited. Accounts of types “K”, “N” and “F” can be opened for non-residents only by credit organizations that are authorized banks. 2. Accounts of types “K”, “N” and “F” are opened by authorized banks on the basis of bank account agreements concluded with non-residents, which cannot provide for a non-resident account regime other than that established in Appendix 1 to the specified Instructions.

On behalf of a non-resident legal entity, a bank account agreement with an authorized bank may be concluded by the head of a branch (representative office) of a non-resident legal entity, acting on the basis of a power of attorney of the non-resident legal entity. Official representative offices enter into a bank account agreement with authorized banks on their own behalf.

To open a bank account, a non-resident submits documents to the authorized bank, the submission of which is mandatory in accordance with the requirements of the legislation of the Russian Federation.

To open accounts of type “K”, “N”, non-resident legal entities, non-resident banks and official representative offices also submit to the authorized bank:

1) Non-resident legal entities, except non-resident banks:

Documents legalized at the embassy (consulate) of the Russian Federation abroad confirming the legal status of a legal entity under the laws of the country where this legal entity was created, in particular,

constituent documents and documents confirming state registration of a legal entity;

"/ a duly certified copy of the regulations on the branch (representative office), if the agreement on opening an account of type “K” or type “N” is concluded with an authorized bank on behalf of a non-resident legal entity by the head of the branch (representative office) of a non-resident legal entity, acting on based on the power of attorney of a non-resident legal entity;

A card certified in the prescribed manner with sample signatures of persons authorized to manage an account in the currency of the Russian Federation. In the case of electronic exchange of documents between a non-resident legal entity and an authorized bank, a procedure for recognizing an analogue of a handwritten signature is established, and an agreement is concluded on the procedure and conditions for its use;

2) non-resident banks:

Documents legalized at the embassy (consulate) of the Russian Federation abroad confirming the legal status of a non-resident bank under the laws of the country where this non-resident bank was created, in particular, constituent documents and documents confirming the state registration of a non-resident bank;

A duly certified copy of the regulations on the branch (representative office), if the agreement to open an account of type “K” or type “N” is concluded with an authorized bank on behalf of a non-resident bank by the head of a branch (representative office) of a non-resident bank, acting on the basis of a power of attorney of the bank - non-resident;

An album of sample signatures of persons authorized to make transactions on behalf of a non-resident bank, including managing the account of a non-resident bank in Russian currency. In the case of electronic exchange of documents between a non-resident bank and an authorized bank, a procedure for recognizing an analogue of a handwritten signature is established, and an agreement is concluded on the procedure and conditions for its use. Non-resident banks that meet the requirements established by the Bank of Russia, in order to open an account in the currency of the Russian Federation, additionally submit to the authorized bank only an album of sample signatures of persons authorized to make transactions on behalf of the non-resident bank, including managing the account of the non-resident bank in the currency of the Russian Federation.

The opening of accounts of type “K”, “N”, “F” by an authorized bank to a non-resident individual is carried out in his personal presence.

When opening a bank account, a non-resident individual presents to the authorized bank a passport or other valid document identifying his identity and recognized by the Russian Federation in this capacity, if

otherwise not provided for by international treaties of the Russian Federation, containing an entry visa issued by the relevant diplomatic mission or consular office of the Russian Federation outside the territory of the Russian Federation or by the internal affairs body or the Ministry of Foreign Affairs of the Russian Federation. If an international treaty of the Russian Federation provides for visa-free entry of a non-resident individual arriving from a foreign state into the territory of the Russian Federation, an entry visa is not required.

Based on the submitted document, the responsible person of the authorized bank draws up an information certificate, which reflects data that helps to establish the identity of a non-resident individual, and when opening an account of the type "F" - also the obligation of a non-resident individual not to carry out through an account of the type "F" operations related to business activities. Information about the place of residence of a non-resident individual and additional information in the absence of supporting documents are reflected in the information certificate according to the words of the non-resident individual. The information certificate is signed by a non-resident individual and the responsible person of the authorized bank. The list of responsible persons is determined by order of the authorized bank.

If an agreement on opening an account of type “K”, “N” is concluded by a representative of a non-resident legal entity or an official representative office, or if an account of type “K”, “N”, “F” is disposed of by a representative of a non-resident, the representative must confirm his authority with a power of attorney.

The power of attorney to open an account (dispose of an account) is certified in the prescribed manner. A power of attorney sent (imported) from abroad must be legalized at the embassy (consulate) of the Russian Federation abroad or at the embassy (consulate) of a foreign state in the Russian Federation. Legalization of documents is not required if the specified documents were issued in the territory:

a) states parties to the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents of 1961 (if there is an apostille affixed to the document itself or a separate sheet by the competent authority of a foreign state in accordance with the requirements of the Convention);

b) states parties to the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of 1993;

c) states with which the Russian Federation has concluded agreements on legal assistance and legal relations in civil, family and criminal cases.

Documents drawn up in a foreign language are submitted to the authorized bank with a translation into Russian, certified in the prescribed manner. No submission required to an authorized bank

a certified translation into Russian of an album of sample signatures of persons authorized to manage the account of a non-resident bank in the currency of the Russian Federation.

If the information provided by a non-resident to the authorized bank when opening a bank account subsequently changes, the non-resident submits the corresponding changes to the authorized bank no later than one month from the date of the change in information.

Documents, copies of documents, the submission of which is required in accordance with this section, are subject to storage by the authorized bank for the entire duration of the bank account agreement, as well as for at least five years after the expiration of the bank account agreement. 3. Settlements in the currency of the Russian Federation for transactions of non-residents on the territory of the Russian Federation are carried out in cash and non-cash.

When making cash payments in Russian currency, non-residents are required to comply with the procedure for cash payments established for residents by the legislation of the Russian Federation, including the maximum amount of cash payments between legal entities established by the Bank of Russia.

Credits (loans) in Russian currency are provided by residents to non-resident individuals in a non-cash manner.

Non-residents have the right to withdraw from their accounts of type “K”, “N” and credit to their accounts of type “K”, “N” cash currency of the Russian Federation only in cases where in column 4 in the line of the corresponding type of operation of table A of Appendix 1 to the specified The instructions have added the word “(super.)” to the name of the account type.

Cash transactions on accounts of type "TO",“N” are carried out in accordance with the procedure for conducting cash transactions established by the Bank of Russia. At the same time, there is no ruble cash limit for official representative offices.

Non-resident individuals have the right to withdraw cash Russian currency from their “F” type accounts without restrictions.

Non-resident individuals have the right to credit cash currency of the Russian Federation to their type “F” accounts only on the grounds for crediting funds to the type account "F" established in Appendix 1 to the said Instructions, upon provision of documents confirming the origin of funds.

If there are insufficient funds in the account of type “K”, “N” or “F” to satisfy all requirements presented to the account, write-off from accounts of type "K", "N" or “F” is carried out in the manner established by the legislation of the Russian Federation and regulations of the Bank of Russia for resident accounts in Russian currency.

Transfers in Russian currency can be made from resident accounts to accounts of the type "K", "N", "F" only for those types of transactions that are provided for by the Regime of the account of the non-resident recipient indicated in the settlement documents.

Transfers in the currency of the Russian Federation can be made from accounts of types “K”, “No”, “F” only for those types of transactions that are provided for by the regime of the non-resident payer’s account specified in the payment documents.

Settlements in Russian currency can be carried out by non-residents through non-resident bank accounts of the “K” type, "H" in in accordance with the account modes of type “K”, “N”.

Authorized banks open accounts in Russian currency for non-resident banks in the manner established by the Bank of Russia.

Transfers of Russian currency from resident accounts to accounts of the type "TO",“N”, “F” can be carried out exclusively from resident accounts opened with authorized banks.

Transfers of Russian currency from accounts of types “K”, “N”, “F” in favor of residents can be carried out both to resident accounts opened in authorized banks, and to resident accounts opened in resident credit institutions that are not authorized banks.

Operations for the purchase of foreign currency at the expense of non-residents’ funds in accounts of type “K” and type "F" are carried out without restrictions in accordance with the legislation of the Russian Federation and regulations of the Bank of Russia within the limits of the balance of funds in the account.

Funds in “N” type accounts can be used to purchase foreign currency on the domestic foreign exchange market of the Russian Federation only if the following conditions are met:

An order from a non-resident to purchase foreign currency using cash funds on an account of type “N” is given only to the authorized bank in which a non-resident has an account of type *N”;

an order to purchase foreign currency using funds in an “N” type account is executed by an authorized bank no earlier than 365 calendar days from the date of its submission by a non-resident to an authorized bank;

the order for the purchase of foreign currency must indicate the amount of funds in the currency of the Russian Federation held in an account of the type "N" at the expense of which foreign currency will be purchased;

during the period from the day a non-resident submits an order to purchase foreign currency to an authorized bank until the day of its execution or withdrawal, the balance of funds in the account type "N" is not may be less than the amount specified in the order for the purchase of foreign currency.

In this case, a non-resident has the right at any time to reduce the amount of Russian currency specified in the order to purchase foreign currency, as well as to withdraw the order to purchase foreign currency. In the event of a decrease in the amount of Russian currency previously specified in the order for the purchase of foreign currency, the flow of the period is not interrupted.

individuals and legal entities, differing in that a resident is an individual who has permanent registration of a country, permanent residence in a given country for 183 calendar days over the last 12 months, and a non-resident is a legal entity created in accordance with the legislation of a foreign state , located on the territory of the Russian Federation, an individual living outside the Russian Federation for more than 183 days

The concepts of resident, non-resident, rights and obligations of a resident, rights and obligations of a non-resident, responsibility of a resident, responsibility of a non-resident for failure to comply with currency legislation, which transactions are subject to exchange control and regulation, an example of filling out a 3NDFL declaration, an example of calculating residence

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Resident and non-resident - this is the definition

Resident is an individual who has permanent registration of the country, as well as permanently residing in this country, in relation to Russian legislation, for 183 calendar days during the last 12 months, or this is a legal entity, or an organization that does not have the status of a legal entity, or a diplomatic or other official a representative office established in accordance with the legislation of the Russian Federation, located on its territory or abroad.

Resident is a person, legal or natural, permanently registered or permanently residing in a given country. An individual is considered a resident of a country if he resides in the country for more than 6 months in a given tax year, has “the center of his life and business interests” there, or satisfies another criterion established by domestic law. of this country. For legal entities, resident status is usually determined based on the place of their formation, registration, location of the “control center,” and other similar criteria.

This is a legal or natural person registered in a given country, which is fully subject to national legislation.

A citizen of any other country permanently residing in this state.

– these are persons permanently residing in the Russian Federation on the basis of a residence permit provided for by the legislation of the Russian Federation, foreign citizens and stateless persons.

– these are taxpayers, individuals who are actually in the Russian Federation for at least 183 calendar days over the last 12 months.

- these are, in some states, foreign citizens and foreign organizations that have full rights and obligations within the host country.

– these are individuals who have a permanent place of residence in the Russian Federation, including those temporarily located outside the Russian Federation.

– these are legal entities created in accordance with Russian legislation, as well as their branches and representative offices, but located outside the Russian Federation.

– these are organizations that do not have the status of a legal entity, created in accordance with Russian legislation, diplomatic and other official representative offices located outside the Russian Federation, their branches and representative offices.

is a borrowed word. The first part of the word, the prefix re, translated from Latin, means to go back, again, again, the second part of the word sedere - means to seat, seat. As a result, literally, the meaning of the word resident means one who constantly sits, is in place.

- This is the secret commissioner of secret intelligence, the head of the entire intelligence network. Simply put, a senior spy. This meaning of the word took root in people’s minds after watching the films “The Resident’s Mistake” and “The Resident’s Fate.”

Non-resident is a legal entity, or an organization that does not have the status of a legal entity, created in accordance with the legislation of a foreign state, or diplomatic missions of foreign states or other official organizations located on the territory of the Russian Federation. Or this is an individual who has lived outside the Russian Federation for more than 183 calendar days over the last 12 months, that is, who does not have a permanent residence in this country.

Non-resident is a legal entity or individual that is not a resident of a given state and is therefore required to pay taxes only on income originating from sources in that country.

Non-resident- this is a legal or natural person operating in one state, but permanently registered and residing in another.

Non-resident- a person who has a permanent residence outside his country.

Non-residents- these can be companies and organizations that are not legal entities, created in accordance with the laws of foreign states, or foreign diplomatic and other official missions located in the country, as well as international organizations, their branches and representative offices.

Non-residents– these are individuals and legal entities who do not have a permanent residence in a given country for the purposes of tax, currency or other legislation.

Non-residents– these are individuals who do not meet the requirements of the concept of “residents”.

Who are the residents

Having studied all the material on the topic (literature, legislation), the following subjects can be classified as residents:

Individuals with permanent residence in the Russian Federation, including those temporarily located outside the Russian Federation;

Foreigners living on the territory of the Russian Federation with a residence permit;

Legal entities created in accordance with the legislation of the Russian Federation, with a location in the Russian Federation;

Enterprises and organizations that are not legal entities, created in accordance with the legislation of the Russian Federation, with a location in the Russian Federation;

Diplomatic and other official missions of the Russian Federation located outside the Russian Federation;

Branches and representative offices of residents located outside the Russian Federation.

Resident Rights

The rights of residents are secured by Articles 14 and 24 of the Federal Law “On Currency Regulation and Currency Control”, namely:

Without restrictions, open accounts (deposits) in foreign currency in authorized banks;

Resident legal entities have the right to make payments through their accounts opened in banks outside the territory of the Russian Federation;

Resident legal entities can carry out settlements with non-resident individuals without using accounts in cash currency of the Russian Federation under contracts for the retail purchase and sale of goods, as well as settlements when rendering transport, hotel and other services to the population to non-resident individuals on the territory of the Russian Federation;

Resident legal entities can make settlements with non-resident individuals without using accounts in cash foreign currency and the currency of the Russian Federation for servicing foreign aircraft at airports, foreign ships in river and sea ports, as well as when non-residents pay for air navigation, airport and port fees on the territory of the Russian Federation;

Resident legal entities may, without using accounts in authorized banks, make payments in cash foreign currency and Russian currency with non-residents for servicing aircraft of such legal entities at airports of foreign states, ships of such legal entities in river and sea ports of foreign states, and other vehicles of such legal entities. legal entities during their stay in the territories of foreign states, as well as when such legal entities pay air navigation, airport, port dues and other mandatory fees on the territories of foreign states related to ensuring the activities of such legal entities;

Resident legal entities can carry out, without using bank accounts in authorized banks, settlements in foreign currency and the currency of the Russian Federation with resident individuals located outside the territory of the Russian Federation, as well as branches, representative offices and other divisions of legal entities created in accordance with the legislation of the Russian Federation, and non-resident individuals under contracts for the carriage of passengers, as well as settlements in foreign currency and the currency of the Russian Federation with resident individuals located outside the territory of the Russian Federation and non-resident individuals under contracts for the carriage of goods transported by individuals for personal, family, household and other needs not related to business activities.

Diplomatic missions, consular offices of the Russian Federation and other official missions of the Russian Federation located outside the territory of the Russian Federation, as well as permanent missions of the Russian Federation at interstate or intergovernmental organizations can carry out cash payments with representatives or employees of representative offices without using bank accounts in authorized banks;

Resident legal entities can carry out, without using bank accounts in authorized banks, settlements in cash foreign currency with resident individuals located outside the territory of the Russian Federation for transactions involving the payment of wages to employees of diplomatic missions, consular offices of the Russian Federation and other official representative offices of the Russian Federation located outside territory of the Russian Federation, as well as permanent missions of the Russian Federation at interstate or intergovernmental organizations, for the payment of wages to employees of the representative office of a resident legal entity located outside the territory of the Russian Federation, for payment and (or) reimbursement of expenses associated with the business trip of employees to the territory of the country where the representative offices are located, institutions and organizations and beyond, with the exception of the territory of the Russian Federation;

They can make payments through their bank accounts in any foreign currency, carrying out, if necessary, a conversion operation at the rate agreed upon with the authorized bank, regardless of the foreign currency in which the account was opened;

Resident Responsibilities

But, as everywhere else, in addition to rights, there are also responsibilities, they are also established by this law:

Residents are required to ensure that their accounts opened with authorized banks and (or) accounts opened with banks outside the Russian Federation receive, in accordance with the requirements established by the Federal Law, foreign trade contracts for which the Federal Law provides for the issuance of a transaction passport, currency of the Russian Federation in the share determined by the Government of the Russian Federation.

Resident's responsibility

Submission to the tax authority of a notification about the opening (closing) of an account (deposit) or about changing the details of an account (deposit) in a bank located outside the territory of the Russian Federation, in violation of the established deadline and (or) not in the established form;

Failure to submit to the tax authority a notification about the opening (closing) of an account (deposit) or about changing the details of an account (deposit) in a bank located outside the territory of the Russian Federation;

Failure to fulfill within the prescribed period the obligation to receive into their bank accounts in authorized banks foreign currency or the currency of the Russian Federation due for goods transferred to non-residents, work performed for non-residents, services provided to non-residents or for information or results of intellectual activity transferred to non-residents, including exclusive rights to them (in this case, persons engaged in entrepreneurial activities without forming a legal entity may be held liable);

Failure to fulfill within the established time limit the obligation to return to the Russian Federation funds paid to non-residents for goods not imported into the Russian Federation (not received in the Russian Federation), work not performed, services not provided, or for information or results of intellectual activity not transferred, including exclusive rights to them (to In this case, persons engaged in entrepreneurial activities without forming a legal entity may be held liable);

Non-resident

Non-resident in Russia

Non-resident individuals;

Individuals permanently residing outside of Russia, including those temporarily staying on its territory;

Legal entities created in accordance with the laws of foreign states and with a location outside of Russia;

Enterprises and organizations that are not legal entities, created in accordance with the laws of foreign states and located outside of Russia;

Diplomatic and consular institutions of foreign states accredited in the Russian Federation and permanent missions of these states to interstate and intergovernmental organizations;

Interstate and intergovernmental organizations, their branches and representative offices in the Russian Federation;

Other persons not specified as residents.

Rights of non-residents

The rights of non-residents, as well as the rights of residents, are enshrined in Article 24 of the Federal Law “On Currency Regulation and Currency Control”, namely:

The right to get acquainted with the reports of inspections carried out by currency control authorities and agents;

The right to appeal decisions and actions (inactions) of currency control authorities and agents and their officials in the manner prescribed by law;

The right to compensation for actual damage caused by unlawful actions (inactions) of currency control authorities and agents and their officials, in the manner prescribed by law.

Responsibilities of non-residents

The responsibilities of a non-resident are similar to the responsibilities of a resident:

Provide documents and information to currency control authorities and agents, where necessary;

Keep records in the prescribed manner and draw up reports on the currency transactions they carry out, ensuring the safety of the relevant documents and materials for at least three years from the date of the relevant currency transaction, but not earlier than the date of execution of the contract;

Follow the instructions of the currency control authorities to eliminate identified violations of acts of currency legislation of the Russian Federation and acts of currency regulation authorities.

Liability of non-residents

According to the Code of Administrative Offenses, residents are responsible for violating currency legislation in the form of an administrative fine (the amount varies in each specific case):

Carrying out illegal currency transactions, currency transactions with failure to comply with established requirements for the use of a special account and reservation requirements, as well as writing off and (or) crediting funds, internal and external securities from a special account and to a special account with failure to comply with established requirements for reservation ( In this case, persons engaged in entrepreneurial activities without forming a legal entity may be held liable);

Failure to fulfill the obligation to compulsorily sell part of foreign currency earnings, as well as violation of the established procedure for the mandatory sale of part of foreign currency earnings (in this case, persons engaged in entrepreneurial activities without forming a legal entity may be held liable);

Failure to comply with the established procedure for submitting accounting and reporting forms for currency transactions, the procedure and (or) deadlines for submitting reports on the movement of funds in accounts (deposits) in banks outside the territory of the Russian Federation with supporting bank documents, violation of the established procedure for submitting supporting documents and information when carrying out foreign exchange transactions operations, violation of the established rules for issuing transaction passports or violation of the established storage periods for accounting and reporting documents on currency transactions, supporting documents and information when carrying out currency transactions or transaction passports;

Violation of the established deadlines for submitting accounting and reporting forms for currency transactions, supporting documents and information when carrying out currency transactions for no more than ten days - the fine can be replaced with a warning;

Violation of the established procedure for the import and shipment to the Russian Federation and the export and shipment from the Russian Federation of Russian currency and domestic securities in documentary form;

liability of non-residents

Operations of residents and non-residents subject to currency regulation

Currency regulation is the activity of government bodies aimed at regulating the procedure for carrying out currency transactions.

Currency regulation is enshrined in Chapter 2 No. 173-FZ “On Currency Regulation and Currency Control” dated December 10, 2003.

Currency transactions between residents

Transfer of Russian currency from a resident’s account opened outside the territory of the Russian Federation to the account of another resident opened in the territory of the Russian Federation, and from a resident’s account opened in the territory of the Russian Federation to the account of another resident opened outside the territory of the Russian Federation;

Transfer of Russian currency from a resident’s account opened outside the territory of the Russian Federation to the account of another resident opened outside the territory of the Russian Federation;

Resident legal entities have the right to carry out currency transactions without restrictions with funds credited to accounts (deposits) opened in banks outside the territory of the Russian Federation;

Resident individuals have the right to carry out, without restrictions, currency transactions not related to the transfer of property and the provision of services on the territory of the Russian Federation, using funds credited to accounts (deposits) opened in banks outside the Russian Federation;

Settlements when carrying out foreign exchange transactions are made by resident individuals through bank accounts in authorized banks;

Operations related to settlements in duty-free shops, as well as settlements when selling goods and providing services to passengers along the route of vehicles during international transport;

Transactions between commission agents (agents, attorneys) and principals (principals, principals) when commission agents (agents, attorneys) provide services related to the conclusion and execution of agreements with non-residents on the transfer of goods, performance of work, provision of services, transfer of information and intellectual property results activities, including exclusive rights to them, including operations to return money (other property) to the principals;

Operations under contracts of transport expedition, transportation and chartering (charter) when the forwarder, carrier and charterer provide services related to the transportation of cargo exported from the Russian Federation or imported into the Russian Federation, transit transportation of cargo across the territory of the Russian Federation, as well as under insurance contracts for the specified cargo;

Transactions with external securities carried out at organized auctions, subject to the registration of rights to such securities in depositories;

Transactions with external securities, subject to the registration of rights to such securities in depositories and settlements in Russian currency;

Operations related to the implementation of mandatory payments to the federal budget, the budget of a constituent entity of the Russian Federation, the local budget in foreign currency;

Transactions related to payments on external securities (including mortgages), with the exception of bills of exchange;

Transactions for payment and (or) reimbursement of expenses of individuals related to a business trip outside the territory of the Russian Federation, as well as transactions for repayment of an unspent advance issued in connection with a business trip;

Operations related to settlements and transfers of foreign currency in the execution of budgets of the budget system;

Operations involving settlements and transfers of foreign currency for the activities of diplomatic missions, consular offices of the Russian Federation and other official representative offices of the Russian Federation located outside the territory of the Russian Federation, as well as permanent missions of the Russian Federation at interstate or intergovernmental organizations;

Transfers by an individual - resident of foreign currency from the Russian Federation in favor of other residents - individuals to their accounts opened in banks located outside the territory of the Russian Federation, in amounts not exceeding during one business day through one authorized bank an amount equal to the equivalent of 5 000 US dollars at the official exchange rate on the date of debiting funds from the account of a resident individual;

Transfers by an individual resident of foreign currency in the Russian Federation from accounts opened in banks located outside the territory of the Russian Federation in favor of other individual residents to their accounts in authorized banks;

Operations for payment and (or) reimbursement of expenses associated with business trips outside the territory of the Russian Federation of employees whose permanent work is carried out on the road or is traveling in nature;

Transactions carried out between residents and foreign exchange banks, carried out by trustees;

Operations related to settlements between transport organizations and individuals located outside the territory of the Russian Federation, as well as branches, representative offices and other divisions of legal entities created in accordance with the legislation of the Russian Federation, under contracts for the carriage of passengers;

Transfers by resident individuals of foreign currency from their accounts opened with authorized banks in favor of other resident individuals who are their spouses or close relatives (relatives in a direct ascending and descending line (parents and children, grandparents, grandchildren), full and half (having a common father or mother) brothers and sisters, adoptive parents and adopted children), to the accounts of these persons opened in authorized banks or in banks located outside the territory of the Russian Federation;

Operations involving transfers of foreign currency to the accounts of diplomatic missions, consular offices of the Russian Federation and other official representative offices of the Russian Federation located outside the territory of the Russian Federation, as well as to the accounts of permanent missions of the Russian Federation at interstate and intergovernmental organizations from accounts opened in authorized banks by federal executive authorities, carrying out functions related to their activities outside the territory of the Russian Federation through their representatives or representative offices, and organizations that, on the basis of the Federal Law, have the right to use the accounts of these representative offices and permanent missions of the Russian Federation for the payment of wages and other payments related to the maintenance of their representatives or employees of their representative offices outside the territory of the Russian Federation, as well as for payment and (or) reimbursement of expenses associated with their command;

Transactions between commission agents (agents, attorneys) and principals (principals, principals) in the provision by commission agents (agents, attorneys) of services related to the conclusion and execution of contracts, obligations under which are subject to fulfillment based on clearing results, including return to principals (principals, principals) ) sums of money (other property);

Operations related to the execution and (or) termination of an agreement that is a derivative financial instrument, provided that one of the parties to such an agreement is an authorized bank or a professional participant in the securities market.

Without restrictions, foreign exchange transactions are carried out between residents and authorized banks related to:

Receipt and repayment of loans and borrowings, payment of interest and penalties under contracts;

Depositing funds of residents into bank accounts (deposits) and receiving funds of residents from bank accounts (deposits);

Bank guarantees, as well as the fulfillment by residents of obligations under surety and pledge agreements;

The acquisition by residents of authorized banks of bills of exchange issued by these or other authorized banks, their presentation for payment, the receipt of payment for them, including by way of recourse, the collection of penalties on them, as well as the alienation by residents of these bills of exchange to authorized banks;

Purchase and sale by individuals of cash and non-cash foreign currency and checks (including traveler's checks), the nominal value of which is indicated in foreign currency, for the currency of the Russian Federation and foreign currency, as well as with the exchange, replacement of banknotes of a foreign state (group of foreign states) , acceptance for sending for collection to banks outside the territory of the Russian Federation of cash foreign currency and checks (including traveler's checks), the nominal value of which is indicated in foreign currency, not for the purpose of carrying out business activities by individuals;

Payment of commission fees to authorized banks;

Other operations that are classified by law as banking operations.

Currency transactions between non-residents

Non-residents have the right, without restrictions, to make among themselves transfers of foreign currency and the currency of the Russian Federation from accounts (deposits) in banks outside the territory of the Russian Federation to bank accounts (deposits) in authorized banks or bank accounts (deposits) in authorized banks to accounts (deposits) in banks outside the territory of the Russian Federation or in authorized banks.

Also, non-residents have the right, without restrictions, to make transfers of foreign currency and Russian currency among themselves on the territory of the Russian Federation without opening bank accounts, as well as to make transfers of foreign currency and Russian currency without opening bank accounts from the territory of the Russian Federation and to receive transfers of foreign currency and Russian currency on the territory of the Russian Federation without opening bank accounts.

Non-residents have the right to carry out currency transactions with domestic securities among themselves on the territory of the Russian Federation, taking into account the requirements established by the antimonopoly legislation of the Russian Federation and the legislation of the Russian Federation on the securities market.

Foreign exchange transactions between non-residents on the territory of the Russian Federation in Russian currency are carried out through bank accounts (bank deposits) opened on the territory of the Russian Federation.

Accounts of residents - individuals

Residents can, without restrictions, open accounts (deposits) in foreign currency and the currency of the Russian Federation in banks located outside the territory of the Russian Federation. In this case, residents are required to notify the tax authorities at the place of their registration about this, as well as about changes in account details (deposits) no later than one month using a specially approved form.

Residents have the right to transfer to their accounts (deposits) opened in banks outside the territory of the Russian Federation, funds from their accounts (deposits) in authorized banks or their other accounts (deposits) opened in banks outside the territory of the Russian Federation. Such transfers are made upon presentation to the authorized bank at the first transfer of a notification from the tax authority at the resident’s place of registration; this notification must contain a note indicating acceptance of the specified notification. Accounts of residents opened in banks located on the territory of foreign countries that are members of the Organization for Economic Co-operation and Development (OECD) or the Financial Action Task Force (FATF) may be credited with amounts of loans and borrowings in foreign currency received under credit agreements and loan agreements with non-resident organizations that are agents of foreign governments, as well as credit agreements and loan agreements concluded with residents of OECD or FATF member states for a period of more than two years.

Legal entity accounts

Resident legal entities can, without restrictions, carry out currency transactions with funds credited to accounts (deposits) opened with banks outside the territory of the Russian Federation. Such operations include the following operations:

Operations for the payment of wages to employees of diplomatic missions, consular offices of the Russian Federation and other official representative offices of the Russian Federation located outside the territory of the Russian Federation, as well as permanent missions of the Russian Federation at interstate or intergovernmental organizations;

Salary

Operations for the payment of wages to employees of a representative office of a resident legal entity located outside the territory of the Russian Federation;

Salary

Transactions for payment and (or) reimbursement of expenses associated with the secondment of employees to the territory of the country where representative offices, institutions and organizations are located and beyond, with the exception of the territory of the Russian Federation;

Resident legal entities are required to submit to the tax authorities a report on the movement of funds in their accounts (deposits).

Individual accounts

Resident individuals have the right, without restrictions, to carry out currency transactions not related to the transfer of property and the provision of services on the territory of the Russian Federation, using funds credited to accounts (deposits) opened in banks outside the territory of the Russian Federation.

Accounts (deposits) of non-residents

Non-residents can open bank accounts (deposits) in foreign currency and the currency of the Russian Federation only in authorized banks on the territory of the Russian Federation, while they have the right to transfer foreign currency and the currency of the Russian Federation from their accounts (deposits) outside the territory of the Russian Federation to their bank accounts without restrictions ( deposits) in authorized banks, as well as from bank accounts (deposits) in authorized banks to their accounts (deposits) in banks outside the territory of the Russian Federation.

Calculation of residency using an example

The question of the tax status of an individual is decided in relation to the date of receipt by this person of income on which tax must be paid. For example, on May 10, 2012, an individual will be paid wages for April. The employer (tax agent) needs to determine as of May 10, 2012 whether the employee is a tax resident in order to know at what tax rate to calculate personal income tax of 13% or 30%. For this purpose, the 12-month period preceding the date of receipt of income is taken. In our example, the beginning of such a period is May 10, 2011, and the end is May 9, 2012. Next, you need to calculate the number of days of actual stay of an individual on the territory of the Russian Federation during this period.

At the same time, the days of entry into the Russian Federation and the days of departure from the Russian Federation are included in the days of actual stay in the Russian Federation. Meanwhile, the period of stay of an individual in the Russian Federation is not interrupted by periods of travel outside the Russian Federation for short-term (less than six months) treatment or training (clause 2 of Article 207 of the Tax Code of the Russian Federation). In your case, when your son leaves not for education and treatment, but for the holidays, they do not fall under this article and are not included in the period of the individual’s stay in the Russian Federation. As a result, if an individual has spent 183 or more days in the Russian Federation, then the person is a tax resident.