Sale of the apartment in Moscow

Risks of transactions with nonresidents of Russia

It is given:

• transaction of purchase and sale of the apartment;
• design is glazed at the notary;
• calculations through a safety-deposit box;
• the selling price is 12 million;
• sellers: absolutely summer citizen of the Russian Federation 2/3 shares the minor citizen of the Russian Federation 1/3 shares - both residents of the Russian Federation;
• the buyer the citizen of the Russian Federation - the nonresident of the Russian Federation.

Result: 2 years later after the transaction sellers received the requirement from tax about payment of a penalty in the amount of more than 18 million rubles - on 9 million on everyone.

The legislation on currency control for the beginning of 2021 provides that all transactions with participation of nonresidents of the Russian Federation are subject to implementation exclusively via bank transfer; Article 15.25 of the Code of the Russian Federation on Administrative Offences provides a penalty for violation of the currency law in the amount of 75 up to 100% of transaction amount; violation of the currency law in the case considered by us was the fact that calculations for the transaction were performed through a safety-deposit box.

As sets this example and also other similar cases, an absolute majority both realtors, and sellers and buyers of the real estate and as it becomes clear, even notaries, nothing is known about these reefs of the Russian legislation and therefore, about risks of multimillion penalties nobody is warned.

How to check the partner? For a start let's decide on concepts the resident/nonresident, for individuals.

The typical error is an idea that residents are citizens of the Russian Federation, nonresidents - foreign citizens and persons without citizenship.

Actually the foreign citizen, and the citizen of the Russian Federation can be the resident, in turn can be not the resident. The key moment is the term of stay or absence in Russia. So the foreign citizen who is officially in the territory of the Russian Federation more than 183 calendar days within the last 12 months - becomes a resident, and the citizen of the Russian Federation who is absent in Russia more than 183 calendar days a current poslednikh12 months, on the contrary, loses resident status.

One of the easiest ways of check of the status the resident/nonresident - to request from the partner to show the foreign passport that will allow to determine the interesting stay/absence terms in the Russian Federation.

It should be noted especially what is not important, as the buyer or the seller according to the transaction the nonresident acts, the penalty will be all the same. Besides, this regulation extends not only to transactions on sale of apartments, but also to car sale, seasonal dachas and other property.

See Also

• Purchase of the apartment in Moscow