Cash withdrawal through individual interest. How to cash out money - consequences of illegal execution and legal methods
There is nothing criminal in the concept of cashing out; this is the name given to any action to transfer virtual money or money from a bank card into cash. But the similar concept of “cash out money” carries a different meaning. It involves cashing out funds belonging to a company or individual entrepreneur for a criminal purpose. This concept appeared in the country in the 90s, when criminals needed to legalize illegally obtained funds.
Typically, the purpose of cashing out is to avoid taxation on the amount of money withdrawn from the account. However, there are other motives for such actions, for example, if a company has been allocated targeted funds, and it wants to spend them on other purposes.
Cashing schemes
There are a huge variety of schemes and their number is constantly increasing, the most popular of them are:
- Concluding a fictitious transaction with a shell company. After receiving money under a fictitious contract, such a company is closed.
- Using the services of unscrupulous commercial banks.
- Transfer of funds to an individual's deposit in a bank.
- Concluding transactions using “maternity capital”.
Responsibility for cashing
There is no separate article of the Criminal Code of the Russian Federation for cashing out funds, however, such actions, depending on the specific cash-out scheme, can be classified as the following crimes.
Tax avoidance
For citizens, responsibility comes under Article 198. The sanction of Part 1 of Article 198 provides for a number of penalties, ranging from a fine of 100,000 rubles to imprisonment of up to 1 year. Part 2 applies if the amount of taxes unpaid by a person is particularly large. The maximum penalty under Part 2 of Article 198 is 3 years in prison. If cashing out took place using a legal entity, you will have to answer under Article 199 (fine of 100,000 rubles, forced labor, arrest, imprisonment for up to 2 years for the first part and imprisonment for up to 6 years with a fine for the second part).
Forgery of documents – Article 327 of the Criminal Code
This article contains 3 parts. The first provides for liability directly for the production of false documentation (restriction of freedom, arrest, forced labor or imprisonment for up to 2 years). The second part involves falsifying a document in order to hide another crime (regarding the topic under consideration, such a crime could be, for example, tax evasion) - forced labor or imprisonment for up to 4 years. And part 3 provides for liability for the use of a deliberately forged document - the maximum penalty is arrest of up to 6 months.
Illegal business activity (Article 171)
This article of the Criminal Code of the Russian Federation applies when cashing out money through shell companies. Such companies, as a rule, do not prepare all the necessary documents, do not register them in the register, as required by law, etc. The sanctions include penalties such as a fine, the amount of which depends on the salary of the offender, compulsory work and arrest for up to 6 months. If the investigation establishes that illegal business activities were carried out by an organized group or as a result of which the criminals received particularly large income, the maximum punishment can reach 5 years in prison (Part 2 of Article 171).
Money laundering
The Criminal Code contains 2 similar articles: Article 174 involves laundering money that another person acquired as a result of committing a crime and Article 174.1 – laundering money that the person himself received as a result of criminal activity. The penalties under these articles are almost the same: a fine, and in the presence of qualifying criteria (large or especially large size, organized group, etc.) - up to imprisonment for up to 7 years.
An example from judicial practice
In 2005, a criminal case was initiated in the Krasnodar Territory against employees of a commercial bank. During the investigation, elements of almost all of the above crimes were revealed in the actions of the head of the bank, the chief accountant and several employees of the financial department.
During the search, more than 10 million rubles, several fake seals of “fake” companies, and financial documents for transactions with these companies were found on the accused.
The investigation found that the cashing out of funds took place as follows. The bank director registered shell companies for dummy people and then opened accounts for these organizations in his bank. After that, he found people who needed cash and thus promoted the scheme.
Ask your questions in the comments to the article
If an entrepreneur - a legal entity uses the so-called cashing in order to hide some funds from the tax system, creating fictitious expenses with an inflated value of assets, then he can be punished in accordance with Articles 198 and 199 of the Criminal Code of the Russian Federation. If for this purpose the organization’s documents are also falsified, then liability will be “cumulative” under the same articles. The same applies to individuals who register shell companies.
Illegal withdrawal of funds from a current account is considered illegal business or false business, and this is Articles 171 and 173 of the Criminal Code. If illegal withdrawal of funds from a current account is carried out by a credit institution, then the head of this organization and the chief accountant may be subject to Article 172. Article 174 of the Criminal Code of the Russian Federation may also be relevant when committing this scheme.
Now more details...
Illegal withdrawal of funds - punishment under what article?
Individuals are most often responsible for such acts with current accounts under Articles 198 and 199 of the Criminal Code of the Russian Federation.
The maximum sentence that can be received for article 198 is imprisonment for one year. However, if the crime is committed on a particularly large scale, then it can be three years. The punishment for Article 199 is even greater. Although you can get away with a fine of up to 500,000 rubles, they can also be sentenced to imprisonment for a period of five years.
For illegal business, classified under Article 171, you can be fined 300,000 rubles or arrested for up to six months.
Cashing out money is illegal, how does it happen?
Cash withdrawal from a current account can be carried out according to one of the following schemes:
- the use of shell companies (when funds for false services are transferred to the account, the money is withdrawn, and the company is liquidated);
- involvement of banking organizations (often unscrupulous organizations take direct part in the schemes);
- transfer of money to the deposit of individuals (after opening a bank account for an individual, money is received there from the company, and the deposit is closed as quickly as possible and the funds are withdrawn);
- using formal individuals (most often using stolen documents);
- using money from maternity capital (fictitious purchase and sale transactions are carried out).
Cash withdrawal through individual entrepreneurs
If a company does not want to pay taxes, it enters into an agreement with an individual entrepreneur that it will pay for the services that the individual entrepreneur will provide. A larger amount is indicated than it actually is. Services are often not provided at all. Services and goods are selected whose price is quite difficult to objectively track - for example, the transit of something. When the money is transferred, the individual entrepreneur withdraws it as income from the account, gives a certain amount to the customer and takes a percentage for himself (the so-called commission).
This scheme of cooperation is beneficial to both parties - the first evade paying taxes, the second, i.e. The individual entrepreneur receives money for nothing. Why is it not beneficial? In such a situation, the main thing is not to get caught, since the article and punishment will be very severe.
Cash withdrawal scheme from LLC current account
Since, by law, all such transactions are carried out by bank transfer, illegal transactions have been reduced to a minimum. However, there are certain transactions that may no longer be legal. For example, payment of dividends. Since a 9 percent tax is withheld, scammers are trying to run the whole scheme by assigning money to the founders. Also, money for business needs is often written off from the current account, so unscrupulous individuals have room for maneuver here. Another scheme is to issue a loan from a current account, which is issued to one of the founders. And so the period is assigned to the LLC, and it can be even 50 years.
Cash withdrawal through cards of individuals - scheme
Attackers create a duplicate of an individual’s card after learning the basic details of his card. After this, in fact, access to the money of an unsuspecting person is already open. At the same time, the cashing out process itself most often takes place through intermediaries, who are promised a percentage for withdrawing cash with or without a commission. The issue of criminal liability is not addressed by criminals, so individuals who are intermediaries may not be aware of the illegality of the entire scheme.
Legal cash withdrawal - how much do they charge for cash withdrawal?
One of the most common methods of money laundering is cashing out money through an individual entrepreneur. Liability is provided for by the Criminal Code of the Russian Federation in the form of various methods of punishment. What exactly threatens violators? Why is illegal cash withdrawal a crime? Let's look into the legal nuances of such operations.
What is the scheme of money laundering through individual entrepreneurs?
Sooner or later in the process of entrepreneurship, business owners are faced with a problem - how to get the money they earn? This issue is relevant mainly for legal entities, since individual entrepreneurs already have the right to dispose of the income received at their own discretion. Unlike entrepreneurs, the owners of an LLC cannot simply take funds from the cash register (or withdraw from the organization’s account) for personal needs. First, they will need to pay all required taxes, first of all, income tax or personal income tax on dividends.
Consequently, in order to increase their wealth, give employees “black” salaries, finance “gray” transactions and carry out other prohibited actions, company managers resort to fraudulent schemes. Most of them were invented back in the 90s, many are no longer used today, and some still exist. Among them is withdrawal of money through an individual entrepreneur. In connection with the operation is the forgery of documents, the conclusion of worthless contracts and hidden (in some cases obvious) affiliation of responsible persons.
What is legal cash?
The term cashing means the transfer of funds from non-cash to cash. The rules of financial circulation in the field of cash are regulated by Directive of the Bank of the Russian Federation No. 3073-U dated October 7, 2013. Legal methods include:
- Receiving money from the bank for salary needs and issuing social funds.
- To issue insurance compensation amounts to individuals.
- For settlements with personnel based on actual operating expenses, including travel expenses.
- For the purpose of settlements with counterparties on concluded transactions.
- When issuing funds for previously paid but returned goods or services by the consumer.
- Personal needs of the entrepreneur - the individual entrepreneur can dispose of funds at his own discretion without any restrictions.
Note! The limit for cash payments between parties to a transaction (except individuals) is limited to 100,000 rubles. under one agreement (clause 6 of the Directive).
Taking into account the above possible spending purposes (a detailed list in paragraph 2 of the Directions), you can withdraw cash absolutely without risk by receiving money from a bank account by check. The document is filled out with the obligatory identification of the purpose and amount to be received. Among the reasons for spending is the issuance of dividends to the founders of the company. Or you can withdraw funds using a corporate card. In this case, the responsible employee keeps records of the funds spent, and the person who received the money is required to draw up advance reports. However, all of these options have significant disadvantages. Firstly, this is a limitation on the maximum amount of funds allowed for withdrawal. Secondly, the obligation to pay taxes on the income of participants.
Popular cash out options through individual entrepreneurs
All existing cash-out schemes with the help of individual entrepreneurs come down to one thing - crediting funds to the entrepreneur and then withdrawing the money. Since an individual entrepreneur can use his income without restrictions, tax payments and reporting. Whatever method is chosen, if it is deliberately false and involves the preparation of fake supporting documentation, as well as the formation of fictitious mutual settlements, this option is considered illegal. When fraud is detected, state control authorities hold violators accountable for cashing out through individual entrepreneurs.
Popular schemes for illegal cash withdrawals:
- Opening an individual entrepreneur for cash withdrawal is the most common method of money laundering. Involves registration of an entrepreneur for cashing out. Often, company managers create individual entrepreneurs in their own name or use dummies. To justify financial transactions, fictitious contracts for the sale and purchase of services and goods are concluded, offsets are carried out, false loans are issued, etc. From the point of view of control authorities, such actions are certainly a violation and are punishable by appropriate punishment.
- Involvement of banking structures - this scheme involves the use of unscrupulous private banks, which (when contacting the right persons) provide cash withdrawal services. Operations are carried out on counter flows through numerous transfers through shell companies. Ultimately, figuring out what’s what is quite difficult, and after the expiration of the three-year statute of limitations, it is no longer relevant. If it is possible to prove fraud, liability threatens all participants, including banks.
- Using personal deposits of individuals for transfers - an entrepreneur transfers funds in favor of a citizen who first opens a deposit in the bank.
- Writing off money through employees of individual entrepreneurs is carried out by transferring it to the cards of individuals to reimburse fictitiously registered accountable expenses. In principle, this is a completely legal procedure, but if the withdrawal of funds reaches millions, this, of course, will attract the attention of tax authorities.
- Use of maternity capital - in the process of this scheme, false real estate transactions are carried out, in payment for which money is taken from maternity capital.
First of all, when a company decides to cash out money through an individual entrepreneur, a search for a suitable candidate is carried out. After that, a business is registered in the name of an individual and a bank account is opened. Then an illegal withdrawal of funds is carried out, then the money is transferred to the payer minus the agreed percentage for the provision of cash-out services. At the same time, many violators believe that they are not in danger and it is very difficult to detect fraudulent actions. However, it is not.
Signs of illegal cash circulation:
- Short period of commercial activity.
- Implementation of individual entrepreneurs for a business that is not included in the OKVED list of workers.
- Downtime in real areas of activity.
- Opening bank accounts in territories remote from the place of registration of individual entrepreneurs.
Responsibility of individual entrepreneurs for cash withdrawal
Detection by control bodies of facts of violation of cash circulation by business entities leads to liability in accordance with the norms of current Russian legislation. First of all, punishment is provided for officials involved in fraud. Banks that facilitate illegal money laundering face official revocation of their licenses.
Conclusion - in this article we looked at what liability for cash withdrawal through an individual entrepreneur is provided for by the criminal legislation of the Russian Federation. The elements of crimes are presented in accordance with the norms of the current criminal and civil legislation of Russia. If the committed act can be qualified as administrative, the norms of stat. 15.30 Code of Administrative Offenses - fine up to 50,000 rubles. against officials or removal from office for up to 2 years.
Responsibility for cashing out receipts from a current account is provided for in Article 174 of the Criminal Code of the Russian Federation. At its core, the scheme is any way to turn illegal property into legal one. If we consider this issue in more detail, the liability will not be for illegal withdrawals from the payment cards of individuals, but if the operation is a way of laundering money acquired illegally.
Illegal withdrawal of funds - punishment under article
If money is withdrawn from a current account according to an illegal scheme, then liability for such a crime for individuals is a fine of up to 120 thousand rubles.
If cash receipts were cashed out on a large scale, then Article 174 (Part 2) provides for a fine of up to 200 thousand rubles for such a scheme. Responsibility for committing such a crime while on duty is up to 2 years and a ban on holding such positions. If the amount of damage is particularly large or the act was committed by a group of individuals, the article determines liability for up to 5 years and a fine of up to 1 million.
Cash withdrawal article of the Criminal Code of the Russian Federation
on 2016-09-26The percentage for cashing out or how much it costs to cash out. Working group for cashing out funds for Russian. market.
So, the article is dedicated to everyone who wants to know the price of cashing out, or to set a price, or to order a service, perhaps simply out of purely human curiosity. I hope there is no need to say that there are services that can cash out your money and they charge their own working group for cashing out the money.
Let me make a reservation right away: we are talking about the costs of cashing out on the territory of the Russian Federation, only when working with Russian receipts. England, Europe, America, offshores have conditions and their own price tags, we will talk about them in other articles. Someday we’ll chat about Panama, the homeland of the DarkMoney resource.
If it weren’t for this bright country, you wouldn’t be able to view this article.
But I digress from the main topic. Let's ask the all-knowing Google how much does it cost to cash out? We enter the request for cashing out interest in the search and what is the result? If you sit for several hours, study topics and articles on forums, you can conclude that the percentage for cashing out ranges from 3 to 70% of the amount.
This is a very vague answer, due to a very imprecise question, the correct question is what the interest rate for cash depends on.
There are three determining factors:
- origin of money
- amount of money
— pricing policy of the service
Let's look at the cash out price using examples.
— 3% This percentage is taken for cashing out very large amounts of white funds or gray funds, in most cases for regular customers. It’s not easy to find such a cash price on the market. In most cases this is called bank interest.
- 6% - 10% is the price for cashing out small white or gray amounts on the free market. Here's how to agree! Small amounts - in most cases these are amounts up to 2,000,000 rubles. If the amount is more than 2,000,000 rubles, you have the opportunity to fully agree
— Cashing out unclean money costs from 30 to 70%. This is affected by the amount, origin, finding funds, and working conditions. For example, do you want to take the amount on the same day or only the next day. But the amount still plays an important role.
Different services will be able to quote, all other things being equal, completely different percentages for cashing out money.
The cash prices that I have given here are not strictly established. You will be able to fully agree to cash out dirt for 20% with some young and inexperienced casher and save a lot of money with your own money. The price of cashing out from skilled and reliable services will always be higher, but the level of quality, reliability and speed, in my opinion, are worth it.
If you want the correct answer to the question of how much cashing costs for your conditions, contact the services that provide this service. You will always find them on the DarkMoney portal, I remind you once again that a small percentage in this case is not always the best answer; there are other equally serious accompanying factors, such as, for example, reliability.
How does the interest rate for cash withdrawal change over time? This is a good question, I won’t give any forecasts, I will only say that it is unlikely that there will be global transformations. As I do not forget the market, there were howling falls and temporary jumps, but I did not see a non-specialized trend of transformation.
And the last question, which could only appear to you if you are not very familiar with the matter. Why do they charge so much money? - for the risks. gentlemen. For the fact that they risk changing their place of residence for a couple of years because of your money, for a difficult, scary and nervous fate.
And, believe me, their case is not at all simple. At the end of the day, if you don’t want to pay them, do it yourself!
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Source: darkmoney.cc
Cashing out money
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