A court in St. Petersburg sentenced to a suspended sentence a woman who was a nominal director of a company through which money was illegally cashed
According to the press service of the St. Petersburg prosecutor’s office, in November 2022, Anastasia Suvorova registered the AVALON company. According to the prosecution, Suvorova initially knew that the company would not conduct any economic activity. The main task of AVALON was to conclude fictitious contracts, according to which money was transferred to the company's account, which was subsequently cashed out.
The cash out scheme is extremely simple. The fact is that banks set a limit on the receipt of cash. In some bank, 300 thousand, in some — 500. The amount, for example, three million, is withdrawn by several companies, each within the limit. Transfer the transferred volumes to the owner and close. But the director of the company is still obliged to submit a report to the tax office on how the money was spent no later than 10 days after receiving the money.
COMMENT
Chairman of the St. Petersburg Bar Association «Justum» Alexander Leontiev< /strong>:
— Such rules were not invented yesterday, but in 2001. On August 7 of that year, Federal Law No. 115 “On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism” came into force. Under this law, any withdrawal of a large amount of cash is subject to verification. By the way, similar restrictions exist in all European countries. But the fact that Russian entrepreneurs need cash not to finance terrorism, but simply to survive, the law does not say anything.
“Gray salaries” are considered illegal. Indeed, from salaries in envelopes, taxes are not paid to the Pension Fund, to health insurance, to the payroll. Therefore, when calculating the pension, they are not taken into account.
But the Russians are already used to the fact that no matter how hard you work (with the exception of law enforcement agencies), your pension will still be miserable. And they prefer to get here and now not 20 thousand rubles officially, but 100 thousand in an envelope.
Why does the director of the company need cash that is not taken into account by the tax office.
— I have a rather serious construction business, — said businessman Alexei K. — I offer dream houses. If you want, we will make the usual «five-wall». You want a «French castle» of the XV century. Or a German cottage. And maybe a Brazilian hacienda. Now imagine: I hire a specialist who can build exactly what I need. If I give him less than 200 thousand rubles a month, he will simply refuse to work. And if I officially spend this salary, then the specialist will cost me not 200 thousand, but all 350! Because give 42% to the payroll, while the recipient himself still pays 13% of income tax. Then to the Pension Fund, to medicine, where, again, both I, the employer, and the recipient of the money pay. Of course, it’s more profitable for me to pay him for the work with an “envelope”, and not officially. Moreover, the employee himself also believes that it is more profitable.
Firms that offer to cash out (bypassing the tax office) take 10-15% of the cashing amount. Which, of course, is more profitable than those 60% that the state requires. However, the state does not want to lose money that it can demand from an entrepreneur.
Comment
Alexander Leontiev, Chairman of the St. Petersburg Bar Association «Justum»:
— Article 170.1 appeared not so long ago. In December 2022. And now any vice-chairman who has registered a company for cashing out money can become a defendant in a criminal case. The state, taking into account the sanctions and the withdrawal of Western companies from the Russian market, needs to somehow replenish the filling of the budget. Bringing vice chairmen to justice is only the beginning. The next step could be the fight against cryptocurrency, through which businessmen now receive cash.