How to transfer dividends to the founder on a card. Algorithm and procedure for paying dividends to the founder on the card - payment order for transfer
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A dividend is recognized only as income received by a shareholder (participant) from the organization during the distribution of profits remaining after taxation (including interest on preferred shares) on shares (shares) owned by the shareholder (participant), which is paid in proportion to the shares of shareholders (participants) in authorized (share) capital of this organization.
Consequently, part of the company’s net profit, distributed among its participants disproportionately to their shares in the company’s authorized capital, is not recognized as dividends for tax purposes. This leads to the fact that these payments exceed the amount of dividends determined in accordance with clause 1 of Art. 43 of the Tax Code of the Russian Federation are taken into account when determining the tax base for income tax, to which the rate provided for in paragraph 1 of Art. 284 Tax Code of the Russian Federation.
According to Art. 207 of the Tax Code of the Russian Federation, personal income tax payers are recognized as individuals who are tax residents of the Russian Federation, as well as individuals receiving income from sources in the Russian Federation who are not tax residents of the Russian Federation.
In accordance with Art. 209 of the Tax Code of the Russian Federation, the object of personal income tax is income received by taxpayers from sources in the Russian Federation and (or) from sources outside the Russian Federation - for individuals who are tax residents of the Russian Federation; from sources in the Russian Federation - for individuals who are not tax residents of the Russian Federation.
Clause 1 of Art. 210 of the Tax Code of the Russian Federation establishes that when determining the tax base, all income of the taxpayer received by him, both in cash and in kind, or the right to dispose of which he has acquired, as well as income in the form of material benefits, determined in accordance with Art. 212 of the Tax Code of the Russian Federation.
The list of types of income that are income from sources in the Russian Federation is established by clause 1 of Art. 208 of the Tax Code of the Russian Federation and is not exhaustive.
In accordance with paragraphs. 1 clause 1 art. 208 of the Tax Code of the Russian Federation to income from sources in the Russian Federation for the purposes of Ch. 23 of the Tax Code of the Russian Federation includes, among other things, dividends and interest received from a Russian organization, as well as interest received from Russian individual entrepreneurs and (or) a foreign organization in connection with the activities of its separate division in the Russian Federation.
At the same time, with respect to income from equity participation in the activities of organizations received in the form of dividends by individuals who are tax residents of the Russian Federation, the tax rate is set at 9% (clause 4 of Article 224 of the Tax Code of the Russian Federation).
Clause 2 of Art. 214 of the Tax Code of the Russian Federation determines that if the source of the taxpayer’s income received in the form of dividends is a Russian organization, then the specified organization is recognized as a tax agent and determines the amount of tax separately for each taxpayer in relation to each payment of said income at the rate provided for in paragraph 4 of Art. 224 of the Tax Code of the Russian Federation, in the manner prescribed by Art. 275 Tax Code of the Russian Federation.
According to Art. 43 of the Tax Code of the Russian Federation, a dividend is any income received by a shareholder (participant) from an organization during the distribution of profits remaining after taxation (including in the form of interest on preferred shares) on shares (stakes) owned by the shareholder (participant) in proportion to the shares of shareholders (participants) in the authorized (share) capital of this organization.
Therefore, you need to convene a general meeting, decide on payments and their amounts, and transfer money to the account of individuals.
The organization entered into a salary project with the bank. Is it possible to pay dividends to the company's participants within the framework of this project or necessarily under a separate payment order - read the article.
Question: Are there any restrictions on the methods of paying dividends to LLC participants? If an organization has a salary project with a bank, is it possible to pay dividends according to the register (as a salary) or necessarily according to a separate payment order? It’s just that the commission for transferring according to the register is three times less than when transferring using a payment order, and the amount of dividends is larger.
Answer: It makes no difference to the tax authority how the organization transfers dividends. Therefore, in this case, the main thing is that there are no prohibitions on transferring dividends on a salary project to cards in the banking service agreement. Check this point with the bank.
Thus, the letter of the Ministry of Finance of Russia dated November 25, 2008 No. 03-04-06-01/351 directly states that the payment of dividends to employees and the transfer of loan amounts are carried out within the framework of civil law, and not labor relations, regulated by the Labor Code of the Russian Federation . And payments made by an organization to a bank for servicing bank cards are associated with the payment to employees of amounts of money, the obligation to pay which is not established by labor legislation.
Rationale
The organization pays employees salaries, dividends and issues loans by transferring funds to current accounts (plastic cards). At the request of individual employees, the specified amounts are transferred to two or more current accounts (plastic cards). At the same time, for non-cash services, the bank charges a commission for each payment order. Should personal income tax and insurance contributions to the Pension Fund be charged to the bank commission?
The Department of Tax and Customs Tariff Policy reviewed the letter on the issue of taxation with personal income tax of the amounts of commission charged by the bank for non-cash servicing of current accounts of employees of the organization, and in accordance with Art. 34.2 of the Tax Code of the Russian Federation (hereinafter referred to as the Code) explains the following.
As indicated in the letter in question, the organization pays its employees wages, dividends and issues loans by transferring funds to current accounts (plastic cards). At the request of individual employees, the specified amounts are transferred to two or more current accounts (plastic cards). For non-cash services, the bank charges a commission for each payment order.
Article 22 of the Labor Code of the Russian Federation establishes that the employer is obliged to pay the full amount of wages due to employees.
Consequently, the employer is obliged to ensure that employees receive their wages on time through the organization’s cash desk or in any other way (including transferring wages to employees’ bank card accounts) in accordance with the collective agreement, the organization’s internal labor regulations, and employment contracts.
Based on the foregoing, payments by the employing organization made to the bank for servicing bank cards related to the payment of wages to employees and other payments established in accordance with the labor legislation of the Russian Federation cannot be considered as an object of taxation on personal income tax.
Payment of dividends to employees and transfer of loan amounts are carried out within the framework of civil law, and not labor relations, regulated by the Labor Code of the Russian Federation. Payments made by an organization to a bank for servicing bank cards related to the payment to employees of amounts of money, the obligation to pay which is not established by labor legislation, are subject to taxation on personal income tax in the prescribed manner.
07.08.2019
If a legal entity is created and operates as a business company (for example, an LLC), it forms an authorized capital (AC) from contributions from participants and, accordingly, distributes earned profits among its shareholders.
Typically, dividends are paid to participants annually, but the law on LLCs (14-FZ), for example, provides for the possibility of distributing profits for other, intermediate periods - once every six months, quarterly.
The decision on the distribution of profits is made by the general meeting of shareholders of the LLC or, as an option, by the sole owner of the business company.
The source of payment of dividends is the net profit of the legal entity - the profit that remains at its disposal after repayment of all obligatory payments.
Guided by the order of the director and the decision of the shareholders, the LLC accountant issues payment orders through which the appointed dividends are transferred to the debit cards of individual participants and the current accounts of legal entity participants.
It is necessary to find out how payment slips are filled out for transferring dividends to cards, what features need to be taken into account when preparing them.
Is it possible to transfer to a card?
The frequency of dividend payments is determined by the owners of the organization, taking into account the norms of current legislation.
For example, the law on LLC provides that the distribution of profits in a business company can occur once a year (for the previous year), once every six months (for half a year) or, as an option, quarterly.
The meeting of shareholders of the LLC determines specific dates for making payments. If the founders decide to distribute the profits earned by the company for a year, six months or a quarter, dividends must be paid to shareholders on time.
If such terms are not clearly established by the general meeting or the sole owner, dividends are transferred to the LLC participants within sixty days, counted from the moment the appropriate verdict is made. ?
If dividends are paid to LLC shareholders by non-cash transfer of funds to cards and current accounts, the company’s accountant must prepare the appropriate payments and send them to the servicing bank for execution.
The basis for drawing up such payment orders is the proper order of the manager, which is based on the decision of the meeting of shareholders.
If the decision of the founders and the order of the director are missing or executed inappropriately, the accountant does not have the right to transfer dividends to the cards.
It should be understood that the initial and most important document is the decision on the payment of dividends, which is made by the general meeting of shareholders or, alternatively, by the sole owner of the LLC.
If such a decision is made in compliance with all procedures and is correctly recorded, and dividends are not paid on time, the shareholder has the right to go to court to claim the funds due.
It should be noted that among the shareholders of an LLC there can be both individuals (citizens) and legal entities. Any payment orders through which dividends are transferred to shareholders are drawn up according to generally accepted rules.
If the shareholder is an individual, dividends are transferred to his bank debit card. Funds are transferred to legal entities by non-cash transfers to current bank accounts.
How to issue a payment order for transfer?
The payment through which dividends are transferred to the debit card of an individual shareholder is issued in accordance with the requirements established by the Central Bank of the Russian Federation.
In order for the servicing bank of a business company to complete the assigned transfer, the payment document submitted for execution must contain the following data (details):
The head of the LLC, as well as its chief accountant, put their signatures (with transcript) in the required fields of this document.
The seal of a legal entity is affixed if its use is provided for by the internal regulations of the business company.
When this payment is submitted to a financial institution for execution, the servicing bank indicates the following information on this document:
- date of receipt of the payment order by the bank servicing the payer;
- date of actual debiting of money from the payer’s current bank account;
- marks from the servicing bank regarding the execution of the assigned transaction.
An important nuance - together with a payment slip for dividend payment to an individual’s card, a payment slip for the transfer of personal income tax from the dividend payment is always drawn up and executed.
The tax on this income is withheld and transferred by the payer of the dividends - the business company - performing the function of a tax agent. About taxation of dividends.
Purpose of payment when paying to an individual
As mentioned earlier, the intended purpose of the payment being made is the most important detail of the payment document, through which the agreed dividends are transferred to the shareholder of the company.
In the field of this detail it is necessary to indicate that the operation declared for execution is the payment of dividends calculated for a specific period of time (year, half-year, quarter), in accordance with the decision adopted by the general meeting or the sole owner of the business company (indicate the number of the corresponding protocol/ verdict, the date of its preparation).
Download sample
Sample payment order for the payment of dividends to a card to an individual -.
Useful video
The procedure for paying LLC dividends to founders and withholding income taxes can be found in this video:
Conclusions
Payment of appointed dividends is the responsibility of a business company if the corresponding decision has already been made and formalized by shareholders or.
Dividend amounts must be transferred to shareholders in full and within the time limits established by the decision of the LLC participants. The allocated funds are credited by non-cash payment to the bank debit card of the shareholder.
To execute this transaction, the legal entity - the dividend payer - must draw up an appropriate payment order and submit it to its servicing bank.
The payment document is filled out properly - all the necessary details are correctly indicated, including the purpose of the payment being made, which clearly reflects the essence of the operation being performed.
Withholding and timely transfer of personal income tax on dividends paid is the responsibility of the business company performing the task of a tax agent.
Operations of transferring dividends and paying personal income tax on dividend payments are usually carried out by an LLC accountant.
The grounds for the actual execution of dividend payments are the decision of the shareholders (minutes of the general meeting, the verdict of the sole owner), the order of the head of the business company, as well as the payment order to the servicing bank.
We pay dividends, we payroll projects of the bank, the founders are employees. Is it possible to pay through a salary project in a lump sum, what should I indicate, other payments? Or should it be issued as a payment order?
Answer
Maya Zhmakina answers, expert in taxation and legal law
You have the right to transfer dividends to the salary card of the founding employee through the so-called “salary project” concluded with the bank.
In this case, the condition for non-cash payment of dividends will be met, and there will be no violation of the procedure for paying dividends and cash discipline.
In this case, you must receive an Application from the employee in which he asks to transfer dividends (in what amount, for what period) specifically to the salary card, indicating its details.
Rationale
How to document payment of dividends
Situation: how to formalize the payment of dividends to participants (shareholders)
There is no special document required to formalize the payment of dividends. Therefore, you can use standard forms that are filled out when paying money from the cash register or when transferring funds from a current account. In addition, the organization can develop independently ().
Attention: when registering the payment of dividends to shareholders, the following must be taken into account. Dividends must be paid to shareholders in cash.
Moreover, if dividends are paid to a citizen, then the money must be transferred to him by postal order or upon application to his bank account. This is stated in Article 42 of the Law of December 26, 1995 No. 208-FZ.
Dividends can be paid to LLC participants either through a cash register or to a bank account. spend(). Therefore, you will have to withdraw money from your current account.
Situation: can cash proceeds be used to pay dividends?
No, you can't.
The procedure for paying dividends is established by the general meeting of shareholders (participants) (,). At the same time, the meeting of shareholders must take into account that organizations can receive dividends in cash only to their bank accounts. And citizens - both by bank (upon application) and postal transfer. This procedure is established by Article 42 of the Law of December 26, 1995 No. 208-FZ. There is no such restriction for LLCs.
But even if LLC participants decide to pay cash dividends from proceeds, they need to consider the following. A number of restrictions have been established regarding the expenditure of cash proceeds from the organization's cash desk. The list of purposes for which funds from the cash register can be spent is given in the instructions of the Central Bank of the Russian Federation dated October 7, 2013 No. 3073-U. The payment of dividends is not mentioned in it.
Thus, cash proceeds cannot be used to pay dividends. After all, a direct ban has been established for joint-stock companies, and claims for misuse of cash may be brought against LLCs.
Is it legal to transfer dividends to a company member to his personal bank card from the point of view of Federal Law No. 115 “On combating the legalization of income...” To be honest, we were puzzled by this at Sberbank, they believe that you can receive in cash, but you cannot transfer to a card. We read the law, but did not find anything contrary to the law in our actions. It is clear that the commission for receiving cash is higher, and this is beneficial to the bank. But what does this law have to do with it?
This law places the responsibility on banks to check transactions carried out by legal entities. If the bank has doubts about carrying out any operation, the bank has the right to request additional documents to confirm the basis for the transfer of funds. The procedure and measures of control over questionable transactions are established by internal regulations of the bank.
The rationale for this position is given below in the materials of the Glavbukh System
Article 7 Federal Law No. 115-FZ dated 07.08.2001 On combating the legalization (laundering) of proceeds from crime and the financing of terrorism
"1. Organizations carrying out transactions with cash or other property are obliged to:*
1) before accepting service, identify the client, the client’s representative and (or) the beneficiary, except for the cases established by paragraphs 1_1, 1_2 and 1_4 of this article, establishing the following information:
in relation to individuals - last name, first name, as well as patronymic (unless otherwise follows from the law or national custom), citizenship, date of birth, details of an identity document, details of a migration card, a document confirming the right of a foreign citizen or stateless person to stay (residence) in the Russian Federation, address of place of residence (registration) or place of stay, taxpayer identification number (if any); in relation to legal entities - name, taxpayer identification number or code of a foreign organization, state registration number, place of state registration and location address;
1_1) when accepting and servicing clients - legal entities, receive information about the purposes of establishing and the expected nature of their business relationship with this organization carrying out transactions with funds or other property, and also on a regular basis take reasonable and accessible measures in the current circumstances to determining the goals of financial and economic activities, financial position and business reputation of clients;
2) take reasonable and accessible measures in the current circumstances to identify the beneficial owners, including to establish in relation to their information provided for in subparagraph 1 of this paragraph. Identification of beneficial owners is not carried out (except for cases where an authorized body sends a request in accordance with subclause 5 of this clause) in the case of accepting clients who are: government bodies, other government bodies, local government bodies, institutions under their jurisdiction, government extra-budgetary funds, state corporations or organizations in which the Russian Federation, constituent entities of the Russian Federation or municipalities have more than 50 percent of the shares (shares) in the capital; international organizations, foreign states or administrative-territorial units of foreign states with independent legal capacity; issuers of securities admitted to organized trading, who disclose information in accordance with the legislation of the Russian Federation on securities. If, as a result of taking the measures provided for by this Federal Law to identify beneficial owners, the beneficial owner is not identified, the sole executive body of the client may be recognized as the beneficial owner;
3) update information about clients, client representatives, beneficiaries and beneficial owners at least once a year, and in case of doubts about the reliability and accuracy of previously received information - within seven working days following the day such doubts arise;
4) document and submit to the authorized body no later than three working days following the day of the transaction, the following information on transactions with funds or other property subject to mandatory control carried out by their clients:
Type of operation and reasons for its execution;
The date of the transaction with funds or other property, as well as the amount for which it was made; information necessary to identify an individual performing a transaction with funds or other property (data from a passport or other identification document), data from a migration card, a document confirming the right of a foreign citizen or stateless person to stay (reside) in the Russian Federation, taxpayer identification number (if available), address of his place of residence or place of stay;
Name, taxpayer identification number, state registration number, place of state registration and address of the location of the legal entity performing a transaction with funds or other property;
Information necessary to identify an individual or legal entity, on behalf of and on whose behalf a transaction with funds or other property is being carried out, details of a migration card, a document confirming the right of a foreign citizen or stateless person to stay (reside) in the Russian Federation, identification number taxpayer (if any), address of residence or location, respectively, of an individual or legal entity; information necessary to identify a representative of an individual or legal entity, attorney, agent, commission agent, trustee performing a transaction with funds or other property on behalf of, or in the interests, or at the expense of another person by virtue of authority based on a power of attorney, agreement, law or act of an authorized state body or local government body, details of a migration card, a document confirming the right of a foreign citizen or stateless person to stay (residence) in the Russian Federation, taxpayer identification number (if available), address of residence or location, respectively, of a representative of an individual or legal entity; information necessary to identify the recipient of a transaction with funds or other property and (or) his representative, including data migration card and document confirming the right of a foreign citizen or stateless person to stay (reside) in the Russian Federation, taxpayer identification number (if available), address of residence or location of the recipient and (or) his representative, if this is provided for by the rules for committing the relevant operations;
5) provide to the authorized body, at its request, the information available to the organization carrying out transactions with funds or other property about the transactions of clients and about the beneficial owners of clients, the volume, nature and procedure for the provision of which are determined in the manner established by the Government of the Russian Federation, and credit organizations also provide information on the movement of funds in the accounts (deposits) of their clients in the manner established by the Central Bank of the Russian Federation in agreement with the authorized body. The procedure for sending requests by the authorized body is determined by the Government of the Russian Federation.
1_1. Identification of a client - an individual, a representative of a client, a beneficiary and a beneficial owner is not carried out when organizations carrying out transactions with funds or other property carry out operations to accept payments from clients - individuals, if their amount does not exceed 15,000 rubles or an amount in foreign currency , equivalent to 15,000 rubles (except for the case when employees of an organization carrying out transactions with funds or other property suspect that this operation is carried out for the purpose of legalizing (laundering) proceeds from crime or financing terrorism).
1_2. When an individual carries out a transaction for the purchase or sale of cash foreign currency for an amount not exceeding 15,000 rubles or not exceeding an amount in foreign currency equivalent to 15,000 rubles, identification of the client - an individual, the client's representative, the beneficiary and the beneficial owner is not carried out, except in the case of when employees of an organization carrying out transactions with funds or other property suspect that this operation is being carried out for the purpose of legalizing (laundering) proceeds from crime or financing terrorism.*
1_5. A credit organization has the right to entrust, on the basis of an agreement, to another credit organization, a federal postal service organization, or a bank payment agent to carry out the identification of a client - an individual, a client representative, a beneficiary and a beneficial owner for the purpose of transferring funds without opening a bank account, including electronic funds .
1_6. In the case specified in paragraph 1_5 of this article, the credit institution that entrusted the identification is responsible for compliance with the identification requirements established by this Federal Law and the regulatory legal acts adopted in accordance with it.
1_7. Credit organizations and federal postal service organizations entrusted with carrying out identification are liable for failure to comply with established identification requirements in accordance with this Federal Law. Bank payment agents are responsible for failure to comply with established identification requirements in accordance with the agreement concluded with a credit institution.*
1_8. In case of failure to comply with the established identification requirements, the person to whom, in accordance with paragraph 1_5 of this article, the credit institution has entrusted the identification, shall be liable in accordance with the agreement concluded with the credit institution, including the collection of penalties (fines, penalties). Failure to comply with established identification requirements may also be grounds for unilateral refusal to fulfill an agreement between a credit institution and a specified person.
1_9. Persons entrusted by a credit organization with carrying out identification in accordance with paragraph 1_5 of this article must transfer to the credit organization in full the information obtained during identification, in the manner prescribed by the agreement, within the period established by the Bank of Russia in agreement with the authorized body.
1_10. A credit institution is obliged to report to the Bank of Russia, in accordance with the procedure established by it, information about persons to whom the credit institution has entrusted identification.
2. Organizations carrying out transactions with funds or other property are obliged, in order to prevent the legalization (laundering) of proceeds from crime and the financing of terrorism, to develop internal control rules, appoint special officials responsible for the implementation of internal control rules, and also adopt other internal organizational measures for these purposes.*
Organizations carrying out transactions with funds or other property in accordance with the rules of internal control are required to document information obtained as a result of the implementation of these rules and maintain its confidential nature. The grounds for documenting information are: the confusing or unusual nature of the transaction that does not have an obvious economic meaning or obvious legal purpose; inconsistency of the transaction with the goals of the organization’s activities established by the constituent documents of this organization; identification of repeated transactions or transactions, the nature of which gives reason to believe that the purpose of their implementation is to evade the mandatory control procedures provided for by this Federal Law; completion of the transaction , transaction by a client in respect of which the authorized body sent or previously sent a request to the organization, provided for in subparagraph 5 of paragraph 1 of this article;*
the client’s refusal to carry out a one-time transaction, in relation to which the organization’s employees have suspicions that the specified operation is carried out for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism;
Other circumstances giving reason to believe that transactions are carried out for the purpose of legalizing (laundering) proceeds from crime or financing terrorism.
Internal control rules are developed taking into account the requirements approved by the Government of the Russian Federation, and for credit organizations - by the Central Bank of the Russian Federation in agreement with the authorized body, and approved by the head of the organization.*
Qualification requirements for special officials responsible for implementing internal control rules, as well as requirements for training and education of personnel, identification of clients, beneficiaries are determined in accordance with the procedure established by the Government of the Russian Federation, for credit organizations by the Central Bank of the Russian Federation in agreement with the authorized body . Qualification requirements for special officials cannot contain restrictions on filling these positions for persons who have been brought to administrative responsibility for failure to comply with the requirements of the legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism, which does not provide for the disqualification of such persons. Identification requirements may vary depending on the degree (level) of risk of the client performing transactions for the purpose of legalizing (laundering) proceeds from crime or financing of terrorism.
3. If employees of an organization carrying out transactions with cash or other property, based on the implementation of the internal control rules specified in paragraph 2 of this article, have suspicions that any operations are carried out for the purpose of legalization (laundering) of proceeds of crime by, or financing of terrorism, this organization, no later than three working days following the day of detection of such operations, is obliged to send information about such operations to the authorized body, regardless of whether they relate or do not relate to the operations* provided for in Article 6 of this Federal Law.
3_1. The clause additionally included on January 15, 2008 by Federal Law of November 28, 2007 N 275-FZ, became invalid on December 8, 2009 - Federal Law of June 3, 2009 N 121-FZ. - See previous edition.
4. Documents containing the information specified in this article and information necessary for personal identification must be stored for at least five years. The specified period is calculated from the date of termination of relations with the client.
5_5. Organizations carrying out transactions with funds or other property are required to pay increased attention to any transactions with funds or other property carried out by individuals or legal entities specified in subparagraph 2 of paragraph 1 of Article 6 of this Federal Law, either with their participation or from their name or in their interests, as well as using the bank account specified in subparagraph 2 of paragraph 1 of Article 6 of this Federal Law.
9. Control over the implementation by individuals and legal entities of this Federal Law in terms of recording, storing and presenting information on transactions subject to mandatory control, as well as the organization and implementation of internal control, is carried out by the relevant supervisory authorities in accordance with their competence and in the manner established by law of the Russian Federation, as well as an authorized body in the absence of supervisory authorities in the field of activity of individual organizations carrying out transactions with cash or other property. In the absence of supervisory authorities in the field of activity of individual organizations carrying out transactions with cash or other property, such organizations are subject to registration with an authorized body in the manner established by the Government of the Russian Federation.
11. Organizations carrying out transactions with funds or other property have the right to refuse to execute a client’s order to complete a transaction, with the exception of transactions for crediting funds received to the account of an individual or legal entity for which the documents necessary to record information in in accordance with the provisions of this Federal Law, as well as in the event that, as a result of the implementation of internal control rules in order to combat the legalization (laundering) of proceeds from crime and the financing of terrorism, employees of an organization carrying out transactions with funds or other property have suspicions that the operation is carried out for the purpose of legalizing (laundering) proceeds from crime or financing terrorism.*
13. Credit institutions are required to document and submit to the authorized body information about all cases of refusal on the grounds specified in this article to conclude contracts with clients and (or) carry out clients’ orders to carry out transactions, as well as about all cases of termination of contracts with clients at the initiative of a credit organization no later than the working day following the day of performing these actions, in the manner established for credit organizations by the Central Bank of the Russian Federation in agreement with the authorized body.
14. Clients are required to provide organizations carrying out transactions with funds or other property with information necessary for these organizations to fulfill the requirements of this Federal Law, including information about their beneficiaries and beneficial owners.*
Article 7.2. Rights and obligations of credit institutions and federal postal organizations when making non-cash payments and money transfers
1. The credit organization in which the payer’s bank account is opened, when making non-cash payments on behalf of the payer at all stages of their implementation, is obliged to ensure control over the availability, completeness, transmission as part of settlement documents or in another way, compliance with the information available to the credit organization, as well as storage in accordance with paragraph 4 of Article 7 of this Federal Law of the following information:*
1) about the payer - an individual, individual entrepreneur or individual engaged in private practice in accordance with the legislation of the Russian Federation: last name, first name, patronymic (unless otherwise follows from the law or national custom), bank account number, taxpayer identification number (if its availability) or address of place of residence (registration) or place of stay;
2) about the payer - a legal entity: name, bank account number, taxpayer identification number or code of a foreign organization.
1_1. If the bank in which the recipient's bank account is opened, or the bank that serves the recipient when transferring funds in his favor without opening a bank account, or the bank that is involved in the transfer of funds, is a foreign bank, information about the payer - an individual, an individual entrepreneur or an individual engaged in private practice in accordance with the legislation of the Russian Federation, must include the last name, first name, patronymic (unless otherwise follows from the law or national custom) and address of the place of residence (registration) or place of stay, and information about the payer - a legal entity must include its name and location address.
2. If the payment or other document containing the payer’s order is absent, or the information specified in paragraph 1 of this article is not received in any other way, the credit institution in which the payer’s bank account is opened is obliged to refuse to execute the payer’s order, except for the cases provided for in paragraph 3 of this article.
3. When carrying out transactions with funds, including using software and hardware, credit institutions have the right, in order to fulfill the requirements established by this article, to independently fill out payers’ settlement documents using information received from payers, including when carrying out identification procedures.*
4. A correspondent bank participating in non-cash payments is obliged to ensure the immutability of the information contained in the received payment document and its storage in accordance with paragraph 4 of Article 7 of this Federal Law.
5. The credit institution in which the bank account of the recipient of funds is opened must have the procedures necessary to identify incoming settlement documents that do not contain the information specified in paragraph 1 of this article.
6. If the received payment document does not contain the information specified in paragraph 1 of this article, if employees of the credit institution in which the recipient’s bank account is opened suspect that this operation is being carried out for the purpose of legalizing (laundering) proceeds from crime , or terrorist financing, such a credit institution is obliged, no later than the business day following the day the transaction is recognized as suspicious, to send information about this transaction to the authorized body in accordance with this Federal Law.
7. A credit organization servicing the payer, when making money transfers on behalf of individuals without opening bank accounts, and the federal postal service organization when making postal money transfers at all stages of their implementation are required to ensure control over the availability, completeness, and transmission as part of payment documents , mail or other means, compliance with information available to a credit institution or federal postal organization, as well as storage in accordance with paragraph 4 of Article 7 of this Federal Law of the following information:
1) about the payer - an individual, individual entrepreneur or individual engaged in private practice in accordance with the legislation of the Russian Federation: last name, first name, patronymic (unless otherwise follows from the law or national custom), unique assigned transaction number (if any) , taxpayer identification number (if available) or address of residence (registration) or place of stay;
2) about the payer - a legal entity: name, unique assigned number (code, password) of the transaction, taxpayer identification number or code of a foreign organization.”