The Federal Tax Service attributes non -existent debts from entrepreneurs. What to do?

Due to the technical error, thousands of businessmen in Russia were charged with social contributions. We made up instructions what to do if you are in such a situation.

Photo: Mikhail Mikhail/ AGN "Moscow"

From January 1, 2017, the administration of insurance premiums was transferred from the Pension Fund for the tax service. But it soon became clear that when transferring the database to the new department there was an error: the Federal Tax Service did not receive all the information about the taxes paid by the individual entrepreneur and legal entities, for the period until 2017. As a result, entrepreneurs began to complain that they were persecuted for non -existent debts - write off money from accounts or suspend operations on them. In September, this problem was the head of the Federal Tax Service Mikhail Mishustin was complained by the business ombudsman Boris Titov.

The scale of the problem

The exact number of victims in the Federal Tax Service, FIU and the Social Insurance Fund is not disclosed. We are talking about thousands of appeals, but the problem is not a mass character, the source in one of the departments claims. In total, more than 4.6 million legal entities and over 3.7 million individual entrepreneurs are registered in Russia. Representatives of business organizations “Rossiya” and “Business Russia” confirm that they are well acquainted with the problem - dozens of complaints per month continue to enter their central offices (they found it difficult to evaluate the number of appeals to the regional branches).

• In each case, the erroneous debt is at least 50-100 thousand rubles, says Larisa Naumenko, deputy general director of the Center for Legal Service.
• Many individual entrepreneurs complain that during the proceedings their activities are completely paralyzed, added by the vice-president of Business Russia Anastasia Alekhnovich.
• The petition demanding to deal with the transfer of data on the Change.org website signed a thousand people for a month.
• Residents of Krymsk complained about the write -off or blocking of funds in a separate petition , the regional publication business Online wrote about a thousand injured entrepreneurs in Tatarstan.

The Bell talked to almost a dozen entrepreneurs who faced this problem:

• One of the victims said that the amount of imaginary debt was not written off from the account of the individual entrepreneur, but from his personal accounts in Sberbank and Tinkoff Bank.
• Another interlocutor complained that due to a non-existent debt she was refused to open a new account in the Russian bank.
• Another entrepreneur admitted that he paid the debt again - simply because he was tired of understanding and wanting to work further.
• Several interlocutors reported that the amount of allegedly unlawful claims of the Federal Tax Service was more residues on their accounts, so the accounts were frozen entirely.

Since the beginning of the year, the department has already written more than a dozen letters with explanations of the problem. Armed with them, we requested additional clarifications in the Federal Tax Service, received an answer and made a short instruction.

What to do if you have found debt?

• If you learn from the tax authorities that you are the debtor, although you are sure that the obligations to the FIU and the FSS are fulfilled in full, you should contact the tax at the place of accounting;
• The tax will draw up a request and, together with your application, will send it to the Federal Tax Service Office for your region (Federal Tax Service);
• The Federal Tax Service should send a request to the regional branch of the FIU or the FSS within three working days;
• Then they have 20 days to supervise all the data on your payments and decide on whether it is necessary to adjust them;
• During this period, the fund’s separation is obliged to notify you in writing of its decision, and in electronic form to bring it to the Federal Tax Service;
• If the departments have no disagreements, the tax authorities must make changes to your debt into their databases within 7 days;
• Thus, the whole correspondence, as expected, should occupy no more than a month (see schema).

What to do if non -existent debts have already been written off from you?

A separate algorithm applies here. According to the letters of the Federal Tax Service, the FIU and the FSS of October 4 and 13 , the order of your actions should be this:

• Contact the PFR/FSS department with a statement on the return of funds;
• Within two working days, the fund must send a request to the Federal Tax Service to your region;
• The Federal Tax Service should provide the foundation with the information about your payments within three business days;
• After that, the fund has two days to reconcile this information and make a decision on whether the adjustment is needed;
• If the adjustment is needed, departments launch the process described in Scheme No. 1;
• Further, the Federal Tax Service checks the information in its databases and within two days sends confirmation to the PFR/FSS department;
• Having received it, the Fund finally decides to return the funds and sends it to the Federal Tax Service within one day;
• The Federal Tax Service for three days sends an application for a return of funds to the Federal Treasury authority (in what terms and how exactly is the return is made - the letter does not say in the letter);
• The federal treasury body executes an application for a refund or leaves without execution (in the case of incorrectly specified details);
• About the completion of the process and the return of funds (or refusal of this), the department must inform each other on their own.

Does this scheme work?

In practice, it is not always possible to solve the problem of adjustment, the entrepreneurs we talked with.

They complain that when applying, the Pension Fund, the FSS and the Federal Tax Service begin to redirect the victims to each other. Another common problem is that at the Pension Fund, entrepreneurs are often offered to issue a paper certificate that there is no debt behind them. But in paper form, the Federal Tax Service does not accept such a document, so in any case it is necessary to insist that the departments enter into correspondence with each other.

One of our interlocutors, entrepreneur Olga from Moscow, says that she tried to finish the matter, but she did not work out. To begin with, she wrote two appeals about a non -existent duty: in the FIU and the Federal Tax Service. The FIU confirmed that there was no debt for her, and the Federal Tax Service notified that it was 300 thousand rubles. More than a month has passed since the beginning of the proceedings, but the FIU has not notified the tax authorities about the error. During this time, by decision of the tax office, the entrepreneur has already tried to write off 300 thousand rubles, but since the amount on it was less, he was frozen entirely.

Anastasia Stog, for The Bell