A sole proprietorship and limited liability company: how to safely withdraw money from a current account.
A sole proprietor has the right to transfer and withdraw money from his current account for personal needs. It is advisable to transfer them to their personal cards or withdraw cash from an ATM. In the purpose of payment it is desirable to specify: “transfer of own funds for personal needs of IE after payment of taxes”. If he is on the general taxation system or on the simplified taxation system “income minus expenses”, then it is not worth including such expenses in the expenses. This is prohibited and is easily seen when analyzing the account with consequences in the form of fines and penalties. It is desirable to keep documents for purchases and services made for five years – they can be requested by the tax authorities.
In order not to get problems with the Federal Law № 115, the funds of IE must come from “green” counterparties, ie from bona fide and without signs of one-day firms. From its current account it is necessary to pay taxes, rent, etc. Thus, the subject must show real entrepreneurial activity, and not just write off money.
Some IEs transfer money to themselves as a physical person in the form of a payroll project with a minimum commission. FTS may be interested and will point to the payment of personal income tax and insurance contributions, and the bank will block the account. Therefore, you should not pay yourself a salary, as this violates labor and civil legislation. IE can only receive income from entrepreneurial activity.
It should also be remembered that there is an amount upon reaching which transactions with funds are subject to mandatory control – from 1 million rubles (or in the corresponding currency equivalent). Many sole proprietorships make transfers to their physical person card several days in a row or make multiple payments up to or over 1 million during the day. Banks often react and have the right to block accounts. If a relatively large amount of money comes from a questionable client as a percentage of the average turnover, the account can also be blocked. In addition, it is desirable that the money is not debited or transferred from the current account for at least 40 days after receipt.
It will be more difficult to withdraw money legally from the LLC current account. There are certain risks here. If the company is on the general system of taxation, it must pay VAT and income tax on this operation. If on the “simplified”, then 15% plus 13% personal income tax. Let’s list a few legal ways of withdrawing funds. It is desirable and safe to withdraw no more than 30% of the current account turnover.
The first is the payment of salaries to the director and employees of the LLC. The Federal Tax Service will not have claims, because payments are subject to insurance contributions and income tax. The method is clearly not economical. The second is the payment of dividends to the founders. But this is possible after payment of income tax and personal income tax on dividends. Also a very costly method. The third is the issuance of loans to the founder. If it happens rarely and with the return of the debt, then there will be no questions. But if on a regular basis to issue non-repayable loans, then in the case of an audit, the tax authorities will charge additional insurance contributions and personal income tax. In addition, loans do not reduce simplified tax or income tax. The fourth way is the introduction of a sole proprietorship. To do this, you need to hire an entrepreneur with experience, real business and profit, make payments to him within the framework of the contract and the completed scope of work. But in the event of an error during an audit, additional personal income tax and insurance contributions will be charged. Fifth – opening your own sole proprietorship for a third person. It is desirable that it would be impossible to prove its affiliation. Part of the expenses can be transferred to the sole proprietorship – for the rent of an office or warehouse, transportation services. The sixth method is to issue money on account. However, it is important to close the accountable amounts with checks and contracts. Otherwise, there will be no tax savings.
For what can the tax inspection block the accounts of entrepreneurs and organizations? The first reason is late payment of taxes. Second – late submission of declarations: for IE – calculations for insurance contributions and 6-NDFL in the presence of employees, for LLC by default. Third – no EDS and electronic document flow. Fourth – did not respond to a requirement of the Federal Tax Service.
Source: https://antifinrazvedka.club/ip-i-ooo-kak-bezopasno-vyvesti-dengi-s-raschetnogo-scheta/