Signs that the company’s account will soon “freeze”
A current account is an important financial management tool for each company. The suspension of certain operations on the account or its complete blockage may, if not paralyze the activity of the entire “organism”, but certainly cause significant damage to it. In particular, it is for this reason that banks and tax officials use the threat of an account lockout threat to influence entrepreneurs.
First, let’s figure out what is “freezing” an account?
“Freezing” or blocking an account is a limitation of the disposal of funds in the company’s account.
In this case, it is necessary to distinguish between the types of these very limitations:
Complete “freezing” of funds in the current account (when the account holder is completely deprived of the opportunity to withdraw / pay / transfer funds, as well as open new accounts).
Partial “freezing” of funds for a certain amount (for example, by the court’s definition as imposed interim measures or in connection with the initiation of enforcement proceedings).
Suspension or refusal to carry out a separate transaction (the bank may “freeze” the execution or suspend the execution of a certain monetary transaction until it receives information about its legality).
Who and in what cases can block the company account?
1. Attention, the bank suspects you.
Full “freezing” of funds is possible only in case of violation by the owner No. 115-ФЗ of “On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism” dated August 7, 2001, if its owner was seen trying to allocate money funds to support terrorist activities, or to legalize proceeds illegally.
At the same time, by virtue of Article 4, banks are prohibited from preliminarily “informing customers and other persons about countermeasures taken”, therefore you will probably learn about the blocking of the account, suspension or refusal to perform the operation after the fact.
Nevertheless, the reason for most of the “blockages” is not the Federal Law itself, but the Bank of Russia Methodological Recommendations, which the banks took as a call to action, under the threat of license withdrawal if they are not fulfilled. Among the reasons set forth in the Recommendations, one can single out: frequent cash withdrawals from the current account, suspicious payments from abroad, tax payments of less than 0.9% of the current account turnover, non-compliance of the payment with the nature of the business or suspicion of the bank regarding counterparties.
The issue of account unblocking is being solved by providing the bank with the necessary documents (in this case, the requirements about which documents should be provided are not legally fixed and, accordingly, may vary).
2. The court determined …
According to Article 27 of the Federal Law of December 2, 1990 N 395-1 “On Banks and Banking Activities”, the restriction of cash flow on an account may be caused by the issuance of a court decision or the seizure of an account. Such a measure helps to ensure the satisfaction of the requirements of the creditors of the company.
The reason for the block is often a debt to contractors, tax or extrabudgetary funds. Accordingly, such a restriction can be removed by concluding a settlement agreement or by executing a court decision. Otherwise, enforcement proceedings will be instituted against the company, and the bailiff will write off the funds from the account by force.
3. You have a “debt” to the tax.
Article 76 of the Tax Code of the Russian Federation contains an exhaustive list of reasons why expense transactions on bank accounts can be suspended:
If the organization has not complied with the requirement of the tax authority to pay tax, penalties or a fine (paragraph 2 of Article 76 of the Tax Code of the Russian Federation);
If the taxpayer fails to submit a declaration to the relevant authority within 10 days from the date of the deadline for its submission (subparagraph 1 of paragraph 3 of Article 76 of the Tax Code of the Russian Federation);
If the taxpayer, who, by virtue of the requirements of the Tax Code of the Russian Federation, is obliged to submit reports electronically, has not submitted to the tax service an electronic receipt on receipt of a document received from the Federal Tax Service in electronic form within 6 days from the date of its receipt (subparagraph 2 of paragraph 3 of Article 76 of the Tax Code);
If the tax agent (payer of insurance premiums) fails to submit the calculation of the amount of personal income tax to the tax authority within 10 days from the date of its filing (paragraph 3.2 of Article 76 of the Tax Code of the Russian Federation).