legalization, also known as the amnesty of capital - is an economic mechanism, which, in fact, is a kind of contract between the state and business entities or citizens, allowing to build a relationship between the parties from scratch.The success of the procedure depends on the level of trust between the parties.Legalization and income and property declaration in favor of the provisional stage.The state allows all residents to legalize all of their income, without incurring any penalties or fines.In this format, individuals and organizations have the opportunity to clear your history, and remove a number of errors.Mechanisms amnesty has a huge amount.Legalization may be accompanied by income tax or not to have any.Permitted parallel conduct fiscal reforms, or the lack thereof, liberalization or the tightening of the standards of tax administration.
Amnesty by country: America and Switzerland
amnesty capital - a procedure to legitimize property whose history dates back to the 20s in the 20th century.For the first time the procedure has been proposed by the US government almost immediately after the end of the Great Depression and after the repeal of Prohibition.It was at that time the US government has offered citizens to register their profits from the illegal sale of alcohol.In Europe first began to practice the procedure Switzerland.After World War II it was held here in registration capital of the Third Reich.
mechanism of the amnesty, its conditions and the effect of it at each of the individual countries.But the essence of the process is reduced to the taxpayers of the state of forgiveness of their debts.This promotion allows the government to bring the state budget very large amounts of capital out of the shadow economy.
One of the most successful in the history of amnesties
In 2001, the total capital amnesty was held in Kazakhstan.She was one of the most successful procedures that have taken place on the territory of the former Soviet Union.Throughout the month dedicated accounts in 16 banks was put about $ 480 million.State acted as a guarantee destruction of records of taxpayers who participated in the legalization of their own accord.In parallel, the country has reduced VAT amnesty by about 4%.Social tax is reduced by 5%.So that money is not returned by the lay idle, the government issued a special government securities.That means amnestied helped Kazakhstan to eliminate the consequences of the 1998 crisis.
new breakthrough in the Turkish economy
amnesty capital - is an economic procedure, which is carried out from time to time in almost all countries of the world.A striking example of how the mechanism should work legalization, considered Turkey.At the moment in the state it has been carried out five successful amnesties.For the first time legalization process was launched in 1998, which was the period of the beginning of a new economic era.Tangible funds that were received on the bank account is not taxed, and their origin no one was interested.As a result of actions by the government have become $ 20 billion in bank accounts.
failed amnesty: Russia, Georgia and India
amnesty of capital in Russia in 2007, in India and Georgia were the little success in the history of legalization.For example, in India, the tax authorities have become interested in the origin of the capital even during the amnesty, which allowed them to enrich the budget by only $ 2.5 billion.Then catches the eye of the fact that the multi-million dollar country only 5% of residents pay income tax.A similar procedure in Georgia has attracted the attention of eight people and capital in the amount of 35 thousand dollars.Separately be said about Russia, where citizens and business organizations are encouraged to legalize their profits by paying only 13 per cent of income tax.Response from the public so wait and failed.
The secret to the success of the amnesty?
financial amnesty should be accompanied by a strong legal framework, which, unfortunately, does not exist in Russia.Any project should be thoroughly studied and taken into account all the interests of entrepreneurs, businessmen and private individuals.In the history of the successful process of legalization of capital accompanied important moments:
- Exemption project participants of the need to file a declaration and pay the tax debt.
- audit tools is not required.
- complete elimination of records of the tax debt, on the foam of fines with respect to assets.
- Confidentiality of information on the direction of movement of assets to the tax authorities and other regulatory agencies.
- All funds or property to be included in the declaration form on income will be recorded through special institutions.Information for tax authorities will remain confidential.
attractive conditions for amnesty for optimum effect must be accompanied by stricter punishment in case of violation of tax laws.It can be as confiscation of property, and increase penalties.
amnesty of capital in Russia in 2015
Government of Russia at the beginning of December 2014 embarked on an active conversation to hold capital amnesty.The question in the future will not only affect the people who evade taxes, but also those who have committed certain category of financial crime.Despite the skepticism of the public, according to the government, an amnesty for the Russian capital - it is an opportunity to help their wealthy citizens, who, because of sanctions imposed by the West, are undergoing certain inconveniences saving their money abroad.According to Putin, this measure will be voluntary and will be able to make life easier for many "strong" Russians.According to the experts, the economic situation in the country will be a powerful foundation and prerequisite for the fact that the legalization once again simply failed.
Contradictory legislation Russian
Extended amnesty, which is scheduled to take place from May 9, 2015, does not yet have a reliable legal reinforcement.There are reports that the proposed procedure is essentially completely contrary to international standards for combating money laundering.Trying to save the situation, the president continues to promise radical changes in the laws that do not conflict with the rules of FATF.To date, to the president submitted several bills, but each of them is no warranty the security of persons who will be the conditions of legalization.It is worth noting also the point that the wealthy Russian citizens abroad vyvezshie their capital, partially continue to invest in the domestic economy under the guise of foreign investment.They are of little interest to the financial amnesty as such as to offer a specific package of benefits to date, it is not.
Why amnesty in Russia could fail?
Finance and credit amnesty in Russia has a very low chance of success.The main reason for the disappointing forecast lies in distrust of government decisions that allegedly aimed at improving the lives of the citizens of the state.On account of the government and the freezing of Khrushchev, Stalin's bonds, and the reform of Pavlov, deprived the population of savings, and have not in the past pushed the monetization of benefits.Guarantees as to what a few years, the authorities radically change their decision to the owners of capital amnesty, simply does not exist.Security officials will be maintained only until such time as the current president of the state will be Putin.Amnesty of capital is not too attractive also for the reason that the law enforcement apparatus of the country to a greater extent its corrupt.If people at will declare if they have large amounts of capital, they will be the first under attack.The government is unable to provide a decent level of protection against fraud.There is a high risk that the capital could be amnestied under the ban in foreign jurisdictions.
history of failed amnesties in Russia
deofshorizatsii Active discussions in business and government circles does not change the fact that the law on amnesty of capital at the moment and is not accepted and approved.The solid legal safeguards to people who decide to participate in the amnesty, no grant can not.In the history of the state is already there are cases where the government had to deal with setbacks, it is starting from the bad work done in the field of legislation.So, in 1993, after the adoption of the law on the conduct of the tax amnesty, Nika activity on the part of the population was observed.People refused to exempt from liability for non-payment of taxes by making all debts to the state budget.The second wave of amnesties - is an attempt to legalize the property and income in 2002.The bill, which was to confirm the government's plans, and was not adopted.The third stage - a credit and a tax amnesty, which took place in 2007.The government does not want to learn from the mistakes and follow the successful experience of other countries.
What's missing for a successful national amnesty?
The main drawback of the upcoming national amnesty - it is the state's inability to provide security guarantees for each member.Despite the fact that consideration has not submitted a bill, this factor is none of them is considered in detail.Financial stimulation, which expresses the order of payment of tax (2.5% return of capital), reinforced by the lack of judicial and administrative responsibilities.The problem is that taxpayers will be forced to deal with their own calculation of tax at the rate of 2.5%, which may cause some inconvenience.
Each submitted a bill there is no such point as the legalization of capital issued to a third party.Not provided entering data on real estate and other property in the declaration form on income from a third party.There is no clear list of articles, according to which the person will be released from liability.Do not stipulated moments about the persecution of people who have previously committed tax crimes.
soft policy cooperation - a chance to succeed
In view of the difficult economic situation, the government should come up loyal to persons who intend to accept the legalization.You can talk about removing the requirement to transfer their savings to the territory of Russia, which is now in far better position.As an option, it is necessary to consider the waiver of tax and other obligations under capital.It would be wise to reject claims regarding the need to invest in the purchase of securities or to the economy of the state.According to preliminary estimates, the legalization will take place in March.At the moment, the agency is active and plans to eliminate all the actual disadvantages of the proposed procedure.