Secret tax information could be publicly available

According to the paragraph 1 of the article 102 of the Tax Code of the Russian Federation, the secret tax information include all data on state non-budget funds and tax or contribution payers received by tax, investigative and customs authorities, internal affairs bodies, with the exception of publicly available information, including information that has become public with consent of the owner.

Non-confidential tax information include data on:

  • taxpayer ID numbers (INN);
  • violations of tax legislation, including amounts of arrears, debts on penalties and fines and sanctions for violations;
  • special tax treatments used by taxpayers and their participation in consolidated group of taxpayers;
  • the amounts of income and expenses according to financial accounts, paid taxes and fees, the average number of employees in official year preceding the year of placing information in the Internet;
  • registration with tax authority of foreign companies and individuals.

The list of non-confidential tax information also include information provided by tax authorities on international contracts or cooperation agreements; information about elections (according to the Federal Law as of 27.07.2010 №210-FZ «On the organization of public and municipal services»); data provided to local self-governing authorities in order to control the completeness and accuracy of information on local fees, for calculation of fees and on amount of arrears.

According to the order of the Federal Tax Service of Russia as of 15.11.2016 №ММВ-7-17/615@ (entered into force from 01.04.2017), the consent form of taxpayer on recognition secret tax information as publicly available, the procedure of its filling and presentation to tax authorities were approved.

The taxpayer or its representative can provide the consent form to tax authorities at the place of its location (residence or stay) personally in written form, by telecommunication channels using reinforced qualified electronic signature or by personal account of taxpayer in electronic form.

The detailed instructions for the procedure of consent form filling and its presentation to tax authorities are available on the official website of the Federal Tax Service.

Among secret tax information, the following data could be publicly available:

  • Information about individual: First name, Second name, Patronymic, passport data; date and place of birth; nationality; registered address; country of residence; residential address.
  • Information about subdivisions of the legal entity, licenses and permits for subsoil use.
  • Financial accounts.
  • Bank and personal accounts: bank name; account number; account type; opening and closing date of the account; cash flow details. Name of the authority, responsible for opening and maintenance of accounts in accordance with the budget legislation of the Russian Federation, customer account number, opening and closing date of customer account.
  • Results of tax control: detection date of tax violation; date of tax declaration, calculation date – for in-house tax audit; date of tax audit report; start and end date of tax inspection; the subject and period of the inspection; name of audited tax or fee; interest charged.
  • The amounts of tax and advance payments, fees and insurance payments: tax/advance payment/fee/insurance payment/excise name; tax period; amount to be paid; date and number of document - basis for tax computation (advance payment), fee, insurance payments, excise.
  • Taxes to be refund from budget: date of tax declaration; the name of tax, for which tax declaration is provided; amount of tax refund; tax period; date of tax audit report, decisions on refund (fully or partially) of value added tax, decisions on refusal to refund (fully or partially) value added tax, the amount of excise tax.
  • The objects of taxation: details of document on state registration of real property/ transport vehicles rights and deals with them; property type, cadastral number, type of transport vehicle; identification number of transport vehicle; model of car; registration plate.
  • Information contained in tax declarations (calculations), provided at the end of each tax (reporting) period.
  • Personal income: information contained in tax declarations (calculations), provided at the end of each tax (reporting) period, information on personal income (form 2-NDFL), information from tax declarations on personal income tax (form 3-NDFL), information from tax declarations on presumptive personal income (form 4-NDFL), information on calculation of income tax amount calculated and retained by tax agent (form 6-NDFL).
  • Information about insurance payments.

While filling the consent form, the taxpayer has the right to determine the list of subjects and terms of their disclosure.

In accordance with the article 7 of the Federal Law as of 27.07.2006 №149-FZ «On information, information technologies and protection of information», the publicly available information include common knowledge and other information with unlimited access.

The Federal Tax Service is planning to post on the website information on companies that became publicly available. As soon as such information will be publicly available, it would be available in the Information and Analytical system Globas

First guarantees - then money

Banks do not hurry to meet individual entrepreneurs

The volume of credit funds, which individual entrepreneurs attract, remains insignificant. Meanwhile, the low level of loans hinders the development of the entire economy of the country as a whole, because namely small and medium-sized business (and entrepreneurs are essential component of it) should become the driver of a new economic growth. But banks are ready to change their position in exchange for particular guarantees - both from the state and from the private sector.

Debt load is high, discipline is lax. According to the data of the Joint Credit Bureau, only 10% of individual entrepreneurs registered in Russia have active bank loans (according to the Information and Analytical system Globas®, there are 3,8 mln individual entrepreneurs in Russia as of the 7th of July). At the same time, the level of debt load by those who have unliquidated obligations is high: an average of 2,7 credits with a total debt of more than 2 mln RUB is accounted for each such individual entrepreneur. As a consequence, payment discipline of entrepreneurs is low: more than a quarter of them do not pay on their credit obligations on time, and 21% of loans are in default status (overdue is more than 90 days). The tendency of the reduction of credit granting is credit reduction is typical not only for individual entrepreneurs, but for the entire small and medium enterprise (SME) sector. According to the "Expert RA" agency, banks issued 5,3 trillion RUB to representatives of SME in 2016, that is by 3% less than in 2015.

The decision is negative. Commercial banks became the main obstacle on the path of individual entrepreneurs to credit resources, whose position on this issue is well known. Instability in the receipt of income, as well as the complexity of their forecasting are the main arguments for making a negative decision on credit granting to individual entrepreneurs. In addition, many registered individual entrepreneurs are not entrepreneurs in fact, they do not conduct economic activities, are created for saving in taxes or cashing in of money. As a result, issuing loans to individual entrepreneurs becomes for banks too risky and unprofitable.

Where there’s demand, there’s no supply. A number of entrepreneurs solves the problem of raising borrowed funds by obtaining consumer loans, that in practice is often easier and faster. However, it can not even partially solve the problem of the requirement of individual entrepreneurs in borrowed resources. The favourable credit facility for SMEs («Program 6,5%»), implemented since the end of 2015 by the SME Development Corporation (we wrote detailed about this in the Article "In chase of easy money" from 27.03.2017) does not solve the problem. Against the background of the number of loan applications from individual entrepreneurs, which increased by almost 1,5 times for the last year, the amount of approved decisions decreased. The loans, which are provided yet, are issued at over- and nonbeneficial rates for entrepreneurs.

Strong guarantees. In the current situation banks, having the final say in making a decision to grant a loan, are ready to meet individual entrepreneurs only under the sole condition – the provision of strong guarantees for timely and high-quality fulfillment of obligations. And only the help of state is not enough here. In order to obtain full access to the borrowed capital market, individual entrepreneurs must become more open and transparent, they will have to get rid completely of shadow accounting, and also learn how to plan their activity in such a way that their ability to receive constantly income and, therefore, make obligatory payments, will not cause doubts by banking sector.

The question of due diligence when concluding contractual obligations with individual entrepreneurs is actual not only for banks, but also for all economic entities. An effective way to prevent the risks of cooperation with an unreliable business partner is the use of the Information and Analytical system Globas®, which contains information on more than 24 mln legal entities and individual entrepreneurs.