April 19, 2024

Crypto horror stories from the Ministry of Finance

Hello!
For the second day there has been an active discussion of information in the media about tightening measures againstCrypto enthusiasts.
Crypto horror stories from the Ministry of Finance

I quickly looked through this bill and did not find clear wording in it about the obligation to declare a wallet and the limits in it: 100 thousand rubles of receipts…

see for yourself: (now I'll shove it somewhere)
—
However:
9.Individuals, including individual entrepreneurs, and legal entities have the right to carry out the following transactions with digital currency, subject to the fulfillment of the obligation provided for in Part 6 of this article:

1) receiving digital currency in the order of universal succession (inheritance, reorganization of a legal entity);

2) receiving digital currency as satisfaction of their claims within the framework of insolvency (bankruptcy) procedures of the owner of the digital currency;

3) receipt of digital currency when foreclosure is levied on the property of the holder of the digital currency as part of enforcement proceedings.

10. The specifics of carrying out operations with digital currency within the framework of bankruptcy and enforcement proceedings may be established by federal laws. "

</em>This is in the already adopted law&#8230;

The Ministry of Finance has the following wording:

Article 187.3. Illegal acceptance of digital rights or digital currency as consideration for transferred goods, work performed and (or) services provided
1.Acceptance in the Russian Federation of digital rights issued in an information system that does not meet the criteria established by law, and (or) digital currency as consideration for transferred goods, work performed and (or) services provided, or any other method that allows for payment with such rights or digital currency of goods (works, services), if this act is committed on a large scale, is punishable by a fine in the amount of five hundred thousand to one million rubles or in the amount of wages or other income of the convicted person for a period of one to two years, or by imprisonment for a term up to four years with a fine in the amount of up to five hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to one year or without it.

2. The same act committed on an especially large scale is punishable by compulsory labor for a term of up to five years or imprisonment for a term of up to seven years with a fine of up to one million rubles or in the amount of the wage or salary or other income of the convicted person for a period of up to five years or without. such. "

3.Violation of the rules for transactions with digital financial assets provided for by the Federal Law “On Digital Financial Assets and on Amendments to Certain Legislative Acts of the Russian Federation”,when accepting digital financial assets asreciprocal provision for the transferred goods, work performed and (or) services provided in the implementation of trading activities, activities for the performance of work and (or) the provision of services,entails the imposition of an administrative fine oncitizens in the amount of five thousand to fifty thousand rubles with confiscation of the subject of the administrative offense; for officials - from ten thousand to one hundred thousand rubles with confiscation of the subject of the administrative offense; for legal entities - from fifty thousand to five hundred thousand rubleswith confiscation of the subject of an administrative offense

</strong>Now let's dream up:

option one - you have a wallet, there are ancient crypto coins (received long before the law came into force),
as a law-abiding taxpayer you can(but are not obliged) to declare the wallet (identify it to yourself) and if they have been lying there for a long time (over 3-5 years), then by selling them somehow without breaking the law you will not even have to pay personal income tax

Option two - you have a fresh coin, butreceived before the entry into force of the law, then if you want to legally (and so far it is not clear how to do this) sell the Crypt (for the purposes of the law, it is considered a property), then a deduction of 250 thousand rubles, from the remaining 13%, you could use - but it is not clear how it will look, in the place of the head of the IFTS I would refuse (so as not to risk it)

Option three is the saddest: your wallet received crypto after January 2, 2021&#8230;..
now based on the above trycome up with a plausible version of the refusal and why she came, so as not to run into criminal charges, administrative charges, confiscation, personal income tax for the entire amount, or all together at once????