March 9, 2011 at 00:09Regular LLC registration or brutal tax war
About a year ago I wrote an article on registering IP on my own. A year later, I decided to register a limited liability company.
This was the beginning of a tax warrior.
Since I did not have a legal address , I started registering the company at my home address, since our law does not prohibit this.
I prepared the entire package of documents on my own. It turned out to be not at all difficult. As a precaution, I attached a copy of a letter from the Ministry of Finance to the package of documents on the illegality of refusals to register at home. I studied all the failure histories, operated on all the laws. I was fully armed. At least I thought so.
I applied for registration at MRI FTS No. 13 for the Moscow Region in Khimki on October 1, 2010 .
On the 10th day (with a delay) I receive a refusal dated three days earlier, so that I could not touch the delay. Upon receipt of a refusal, a receipt is taken from me. And the refusal says:
Tricky move, right?
It became very sad, but I decided not to stop there. There were few chances.
I decided to write a letter to the Department of the Federal Tax Service in the Moscow Region, demanding to clarify the situation with the refusal, given the letter of the Ministry of Finance.
After about 2 weeks, I get a certificate of state registration from the 46th tax. I am happy. And on the same day I receive a response from the Office regarding my refusal. The answer is in 4 pages, of which only the last 5 lines are useful, which read:
It was a victory, while small but already a victory.
I was shocked. What does it mean “instructs”? Where does such an initiative come from? Why do I need 2 identical societies.
I went to the Moscow Inspectorate No. 13 to understand. I was kicked from office to office for 2 hours, and no one wanted to listen. When I was tired of this, I called the head and said that I was going to the police and I was writing a statement under article 169 of the Criminal Code of the Russian Federation. After that, I was immediately accepted, explained the situation, so that they would stop the registration procedure and demand the return of state duty. The tax authorities were in a state of shock, this was their first situation, they clearly did not know what to do. I wrote a statement on the return of state duty and with a calm soul went home.
A month later, I receive a letter refusing to return the state. fees due to the lack of genuine payment documents .
Do you understand yes? They demand a receipt from me for payment of the state. duties that they have in the registration department and are not given to me. I did not think that this happens.
There was only one way out - contact management again.
This time I decided to make a call, explained the whole situation, demanded the removal of all officials who were related to my case from office. They told me that they would sort it out and thanked for the appeal.
After 2 hours, I call MRI FTS No. 13, pretending to know nothing, and ask why they refused. They tell me that apparently they were "not quite happy" with their refusal, and they decided to meet and review it. As a result, they decided to refund the state duty.
On March 5, 2011, the war was over, the state duty was returned to the current account.
Results:
During the proceedings, the head of the MRI FTS No. 13 in the Moscow Region was replaced.
From this moment, MRI FTS No. 13 does not refuse registration at the home address.
It’s not necessary to say that everything is bad in our country, we have to fight and try to make everything work out well.
What I relied on:
Letter of the Ministry of Finance of the Russian Federation of December 3, 2008 N 03-01-11 / 5-159
Article 169 of the Criminal Code of the Russian Federation
This was the beginning of a tax warrior.
registration
Since I did not have a legal address , I started registering the company at my home address, since our law does not prohibit this.
I prepared the entire package of documents on my own. It turned out to be not at all difficult. As a precaution, I attached a copy of a letter from the Ministry of Finance to the package of documents on the illegality of refusals to register at home. I studied all the failure histories, operated on all the laws. I was fully armed. At least I thought so.
I applied for registration at MRI FTS No. 13 for the Moscow Region in Khimki on October 1, 2010 .
Receive response
On the 10th day (with a delay) I receive a refusal dated three days earlier, so that I could not touch the delay. Upon receipt of a refusal, a receipt is taken from me. And the refusal says:
Among the documents provided for registration there are no: Application for state registration of a legal entity when created in the form of P11011 (In accordance with Chapter I of the Civil Code, Art. 288 p. 3 Placement by the owner in his premises of enterprises, institutions, organizations is allowed only after the transfer of such premises to non-residential premises. The transfer of premises from residential to non-residential is carried out in the manner determined by housing legislation. In accordance with clause 2 of Article 671 of the Civil Code of the Russian Federation, a legal entity may only use residential premises for I have people stay).
Tricky move, right?
- Firstly, a delay of 3 days.
- Secondly, the refusal due to failure to provide a statement, which of course was.
- Thirdly, the withdrawal of the receipt so that I could not prove anything.
It became very sad, but I decided not to stop there. There were few chances.
Letter 1
I decided to write a letter to the Department of the Federal Tax Service in the Moscow Region, demanding to clarify the situation with the refusal, given the letter of the Ministry of Finance.
Lyrical digression
While I was waiting for an answer, it just so happened that I had a legal address in Moscow. I went to the 46th tax office and calmly filed documents for the state. registration.
After about 2 weeks, I get a certificate of state registration from the 46th tax. I am happy. And on the same day I receive a response from the Office regarding my refusal. The answer is in 4 pages, of which only the last 5 lines are useful, which read:
During the consideration of this complaint, it was found that the package of documents for the state. Registration of LLC "..." complies with the requirements of Law 129-FZ. Thus, the MIFNS of Russia No. 13 in the Moscow Region unlawfully denied the state registration of the creation of LLC "...".
It was a victory, while small but already a victory.
In this situation, the Office of the Federal Tax Service of Russia for the Moscow Region instructs the MIFNS No. 13 to implement the state procedure. registration of LLC "..."
I was shocked. What does it mean “instructs”? Where does such an initiative come from? Why do I need 2 identical societies.
Debriefing
I went to the Moscow Inspectorate No. 13 to understand. I was kicked from office to office for 2 hours, and no one wanted to listen. When I was tired of this, I called the head and said that I was going to the police and I was writing a statement under article 169 of the Criminal Code of the Russian Federation. After that, I was immediately accepted, explained the situation, so that they would stop the registration procedure and demand the return of state duty. The tax authorities were in a state of shock, this was their first situation, they clearly did not know what to do. I wrote a statement on the return of state duty and with a calm soul went home.
Return Month
A month later, I receive a letter refusing to return the state. fees due to the lack of genuine payment documents .
Do you understand yes? They demand a receipt from me for payment of the state. duties that they have in the registration department and are not given to me. I did not think that this happens.
There was only one way out - contact management again.
This time I decided to make a call, explained the whole situation, demanded the removal of all officials who were related to my case from office. They told me that they would sort it out and thanked for the appeal.
After 2 hours, I call MRI FTS No. 13, pretending to know nothing, and ask why they refused. They tell me that apparently they were "not quite happy" with their refusal, and they decided to meet and review it. As a result, they decided to refund the state duty.
On March 5, 2011, the war was over, the state duty was returned to the current account.
Results:
During the proceedings, the head of the MRI FTS No. 13 in the Moscow Region was replaced.
From this moment, MRI FTS No. 13 does not refuse registration at the home address.
It’s not necessary to say that everything is bad in our country, we have to fight and try to make everything work out well.
What I relied on:
Letter of the Ministry of Finance of the Russian Federation of December 3, 2008 N 03-01-11 / 5-159
Article 169 of the Criminal Code of the Russian Federation