러시아 상트(빼째르)의 무분별한 법인 등록 거부 사태

역시 러시아.

 

러시아 상트 15번 세무소

지난 7월 10일부터 상트 지역을 중심으로 신규 법인 설립 건에 대해 거의 50%를 적절한 사유 없이 거절하고 있는 상황.

현재 수 백명이 등록 거부로 인해 피해를 보고 있으며, 일부는 소송을 제기하려고 하고 있으나, 소송은 시간이 오래 걸리기에 법인 설립을 추진 중인 회사들에게 적절한 옵션은 되지 못한다.

 

보통 refusal letter는 다음의 문구로 시작한다.

 

“State registration cannot be carried out in connection with the submission of an application containing inaccurate information regarding the applicant’s intention to carry out real business activities.”

 

세무서의 고위직급 인사발령으로 인해 업무지침 강화 일환이다라고 평하고 있으나, 실상은 러시아의 무분별한 법인 청산 및 설립의 폐혜를 막고자 하는 조치이다.

 

문제는 법적으로, 절차 상으로 아무 하자가 없는데, 법인 등록이 거부된다는 것.

 

즉, 해당 조치는 정당하게 법인을 등록하고자 하는 곳들까지 피해를 보고 있다는 점에서 비난을 받고 있다. 러시아 관공서 행정을 보여주는 좋은 사례이다.

 

 

다음은 기사 원문을 번역한 것이다.

 

Petersburg businessmen complain that they cannot be legalized in the tax. For two weeks now, hundreds of entrepreneurs have allegedly not accepted applications for registration. Starting July 10, business representatives receive, according to them, the same type of refusals: “State registration cannot be carried out in connection with the submission of an application containing inaccurate information regarding the applicant’s intention to carry out real business activities.” They are also suspected of "deviating from good faith."

Fontanka, citing SPARK, cites figures that indirectly confirm the situation. So, for one July week of 2018, almost 700 companies received registration. Last week, less than 300 organizations took shape. Moreover, at the beginning of the month there were almost twice as many. The applicants are invited to complain to the regional department of the Federal Tax Service about attempts to get clarification. However, there are no answers to the appeal from the department yet.

 

It was not possible to get a prompt comment at the Federal Tax Service by telephone. BusinessFM Petersburg is awaiting a response to a written request. Meanwhile, entrepreneurs sent an appeal to the Ministry of Economic Development and personally to the business ombudsman Boris Titov. No complaints were received in the apparatus of his Petersburg colleague.

In the meantime, the community is discussing likely versions of what is happening. In conversations, several conspiracy theological hypotheses about "disposal from above" and "the policy of the new leadership" emerge. More moderate assumptions that "the struggle with one-day firms goes with excesses in the field." In reality, all versions can take place. However, not only newcomers, but also long-standing market players are talking about some tightening of the rules under the new head of the Federal Tax Service.

 

The ex-head of the city UFNS Valentina Koryagina left her post in November last year. Shortly before leaving, the prosecutor's office opened a case of negligence of her subordinates. Speech, according to "Fontanka", could go about the damage of 300 million rubles. In January, the Department was headed by Alexander Gnedykh. Soon after his appointment, he immediately replaced three heads of inter-district inspections. Personnel decisions were explained by unsatisfactory indicators.

 

Director of the Neva Berega Business Development Center Yakov Yevsyukov

 

"Most of the appeals to the tax authorities for the initial registration of legal entities are returned with a refusal and completely incomprehensible vague wording, saying that the applicant abuses his right, expressed in the civil code for registration of a legal entity, that the tax service considers unreliable. Contrary to the fact that the same civil code provides for the presumption of good faith, tax authorities act exactly the opposite. There are no symptoms. It is unclear whether the decision depends on the method of submitting documents for registration of a legal entity, on the number of founders or other factors. There are no patterns."

 

Head of tax practice at the St. Petersburg office of Pepeliaev Group Sergey Sosnovsky.

 

"Regarding the fact that the leadership has changed - there may well be a special temporary tightening. I heard from my clients and existing organizations that in other areas, but there are also some kind of gestures from the St. Petersburg tax inspectorates, which they justify by the fact that their higher authorities have changed."

 

 

Source: 

Petersburg Federal Tax Service ceased to register entrepreneurs

https://businessfm.spb.ru/novosti/peterburgskaya-fns-perestala-registrirovat-predprinimatelej?fbclid=IwAR3uYmucqPtc9dgtrR2mEleLtehnPrJpRa8mgTwXRcw4Vh9dbq5375TsD1Y