Time to go to cryptocurrency: CBR confirmed the legitimacy of blocking IP accounts due to tax debt

Blocking bank accounts of individual entrepreneurs (IP) with tax debt is completely legal. This statement was made by the Central Bank of the Russian Federation in response to a request from the Ministry of Finance, Kommersant writes.

Moreover, according to the Central Bank, a businessman must answer for his obligations with all his property.

“The Constitutional Court three times confirmed the“ indistinguishability ”of personal and entrepreneurial property,” the Central Bank said in a response.

At the same time, the regulator emphasized that, in fulfilling decisions of the tax service, banks should take into account restrictions on collection in respect of individuals.

Since IPs can store their funds not only in bank accounts, but also in cryptocurrency, BlockchainJournal found out whether tax arrears from cryptocurrency transactions will be taken into account, and whether the Federal Tax Service has the right to collect debts from IP in cryptocurrency.

According to Art. 23 of the Civil Code of the Russian Federation, individual entrepreneur –
This is an ordinary citizen who has registered in an appropriate capacity for doing business.

Article 24 of the Civil Code of the Russian Federation establishes that a citizen is liable for his obligations with all property belonging to him, with the exception of property that cannot be levied in accordance with the law (a list of such property is enshrined in article 446 of the Civil Procedure Code of the Russian Federation).

“Following this logic, the law does not limit the possibility of collecting a citizen’s debt arising from entrepreneurial activities from a personal account. This approach has been repeatedly declared by the Constitutional Court of the Russian Federation, starting with Decree No. 20-P of December 17, 1996, ” explains Dmitry Kirillov, lawyer, head of tax dispute practice at MEF Audit, and teacher of continuing education at Blockchain Lawyers.

At the same time, entrepreneurs who receive income from operations with cryptocurrency must declare it and pay tax on it.

“If this does not happen, the tax authorities will accrue this tax and take the recovery measures established by Articles 46 and 47 of the Tax Code of the Russian Federation (recovery from funds in banks, electronic money and other property), ” says the lawyer.

However, if an entrepreneur stores funds in cryptocurrency, its recovery is in the gray zone.

“The status of cryptocurrency as other property so far is determined only by multidirectional judicial practice. On October 1, the new version of Art. 128 of the Civil Code of the Russian Federation, which includes digital rights in other property, but it still questions the status of cryptocurrencies issued on world public blockchains, ”said Dmitry Kirillov.

Thus, transactions in cryptocurrency are taxed and regulated as the transfer of property in exchange for purchased goods. As BlockchainJournal wrote earlier, individuals must independently calculate the tax on operations with cryptocurrencies and submit a declaration to the tax authority.

At the same time, until the legal status is obtained, cryptocurrency can become an alternative asset for storing IP funds.

Recall that the main document regulating the circulation of cryptocurrency in the Russian Federation, the law “On Digital Financial Assets” , has not yet been adopted.

Initially, the discussion of the document was planned as part of the spring session, but as a result it was postponed to the fall due to a large number of shortcomings. In particular, experts have repeatedly drawn attention to the disagreement between individual bills designed to bring the cryptocurrency market into a legal plane.

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