“Black List” of taxpayers: criteria and reasons for getting
Recently, some specialized and not-so-media outlets have reported that our Federal Tax Service has a black list of taxpayers. And then, as often happens in such cases, there was a huge number of “experts” who created an unstable chorus, “singing” to us about the unenviable fate awaiting domestic entrepreneurs when they fell into such a list.
I propose to understand what it is about. The Russian Federal Tax Service does maintain several registries where suspicious or dubious organizations and individual entrepreneurs fall. Depending on the type of violations or the objectives of the monitoring.
For example, fiscal authorities keep records on such grounds as:
mass registration addresses of legal entities;
address of the location of legal entities with which there is no postal service;
persons disqualified for various reasons;
organizations with outstanding tax arrears in the amount of more than 1,000 rubles;
organizations that do not submit reports for more than one year.
There are other signs that indicate that specific Russian companies are not all right with the tax laws. And believe me, according to them, the Federal Tax Service also has its own best practices and registries.
In my opinion, the noise about blacklists arose precisely because of one of the above registries. Or there is another reason that will be discussed in the second part of the article.
Having set a specific goal and applying a simple algorithm, the Federal Tax Service of Russia has identified a rather large mass of firms throughout the country (according to the first estimates, the resulting list contains about 60 thousand legal entities), which do not reach the official appeals of the tax authorities. The next simple effective step: this data was published in a specially created information service. The page of the official website of the Federal Tax Service was called “Information on legal entities with no contact with them at the address (location) indicated in the Unified State Register of Legal Entities”. In fact, this was a blacklist of companies with which there is no mail service. Until recently, it was regularly replenished, because if a letter sent from the tax office to the taxpayer’s legal address was returned as not received, the Federal Tax Service automatically added this organization to this black list. Any interested person could use this service. It was enough to enter at least one well-known props – PSRN, TIN or full name of the company.
I can’t imagine what could happen, but suddenly this service disappeared from the tax site. Perhaps this is somehow connected with the widely announced introduction of the large-scale Transparent Business service, the launch of which was first delayed all the time and in the summer a little functionality was introduced, but additional software was required to use it. So about the massive use of tax information by all comers, as originally assumed, there is still no talk of it. Only scattered services still work. But this is enough to check yourself or the counterparty for claims that have already been filed or may be filed by the tax authorities against business entities.
By the way, to check if there is no connection with the company, you can download an extract from the register, where in the corresponding column on the legal address there will be information that the information is false.
In the second part, we move on to a more closed, and therefore more important topic. This is where a lot of questions really arise, and many of them have no definite answer. This means that there are no 100% ways to not only solve the problem, but also not to get into a difficult situation.
A bit of background. Recently, some companies, quite unexpectedly for themselves, can find out what are listed in a certain federal information resource of the tax authorities “Risks”. Moreover, counterparties inform them of this! And they, which is very strange based on the foregoing, are informed by inspectors in acts of tax audit (!!) or in letters recommending to beware of an unreliable partner (!! ??).
I remind you that the tax authorities have about 100 different information resources in their arsenal, which they use during inspections. But the Risks resource is not a public resource, but a closed internal resource. In this base, inspectors include companies for which they believe there is a potential risk that the audited taxpayers will not pay taxes. That is, without trial, they are already recognized as unreliable.