“Future cut”. How to prevent tax violations in the sphere of services

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The round table gathered members of the State Duma, officials of the FAS of Russia, the Federal service for employment, Ministry of labor, members of the public organization “Business Russia” businessmen working in the service sector, and representatives of the Higher school of Economics.

The HSE was given expert advice on analytical report “Status and prospects of development of Russian market of outsourcing services in the field of facility management.” The most problem areas and ways of their solution.

Risky area

The service sector in Russia is more than 69% of GDP, its workers is 65% of the workers. At the same time, the service sector is one of high risk with the prevailing informal employment.

First Deputy Chairman of the Duma Committee on labor, social policy and veterans Affairs Mikhail Tarasenko said that working without a contract — is not just an attempt to evade paying taxes. “People who want to do it, almost “cut” of their future: they will not pay sick leave, this will affect the level of their pension provision. On the other hand, the current practice undermines the entire economy of our country.”

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On guard

Starting in 2015 the Federal tax service in conjunction with law enforcement agencies is working on modeling the behavior of taxpayers in the most high-risk industries. Control system for tax payments is fully automated, and this automation is fraught with danger for both the seller (supplier) and buyer (customer services). And we are not talking about “Dodgers”, as it is about conscientious companies. The work of The “package tracking” is based on finding deviations from some standard, formalized indicators. For example, according to FTS, in the cleaning industry, the tax burden should be at least 30% of the company’s turnover. Of course, this figure is taken not from the ceiling, and based on industry statistics.

Anyway, the testing of the industrial processors and exporters of agricultural products resulted not only additional taxation on billions of virtually any, but also the initiation of several criminal cases. Moreover, the period of inspection to the institution of proceedings was reduced from several months to several days.

Tax optimization

Suffered and counterparties of those companies that used a variety of schemes of tax optimization. For example, if a supplier suddenly liquidated without paying VAT, the tax donachislili tax to the buyer, suggesting the collusion of two seemingly independent legal entities. Now such a practice becomes commonplace, and the market leaders are looking for ways to protect their financial interests, which yesterday would have seemed altogether superfluous rated.

Alexander Bagin, research Advisor of the Institute of environmental Economics and environmental policy, the HSE said:

“Currently on the market, the facility management has developed a very difficult situation with price pressure on facility operators from customers in the first place — the state.

The initial maximum price contract (MSPC) within the advertised procurement services facility management (technical maintenance, contents, housekeeping (cleaning), maintenance, etc.) in connection with the auction form of trading is constantly decreasing (by 40 to 60.5 per cent) while preserving the requirements to the volume and quality of services. Often customers are guided to “historical costs”, thus reducing costs in the next year compared to the previous year, do not always use opportunities for the application of anti-dumping measures (establishment of limit size reduction of the MSPC)”.

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Salary “savings”

That grey market with salaries in envelopes must be eradicated as a phenomenon, the audience was unanimous. Now there are mechanisms to counter the use of which allows to prevent unfair competition of legal entities and individual entrepreneurs, based on the receipt of economic benefits by the illegal “savings” on payroll taxes, mandatory social payments and the use of informal employees. In addition, one of the possible effective tools to deal with the situation was called such a measure as restricting access to government contracts such by unscrupulous economic actors.

Alexey Bhutan, the representative of the company-member of NAFO as Star outsourcing Group:

“The industry welcomes the self-cleaning facility of the business community from the worst offenders of labour laws and called for active implementation of ethical business practices. But businesses need support from the state. Many entrepreneurs are only too happy to the possible strengthening of the powers of the State labour Inspectorate. I mean the application of norms of administrative responsibility in the form of suspension of activity of the enterprises for the term up to 90 days, and if there are systematic violations of labour rights, including employees, formally issued on the third of the organization, if customers knew about this violation of labor rights”.

Key was the decision to establish an interdepartmental working group, which will include all relevant departments (Fes, FAS, MVD, FNS, entrepreneurs, national Association facility operators). The working group will be under the auspices of the Committee on labor, social policy and veterans ‘ Affairs.

Chapter NAFO as Andrei Dragunov, summing up, noted that the past in the State Duma a round table will be the starting point of a new round of business development. The decision on joint multi-Agency work to ensure the rights of service workers is an effective tool for output of the industry in the white area of the economy.

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