Proposed amendments to the pseudo-contractor decree are an attempt to tie hands to supervisory bodies

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Some people propose to reform Decree No. 488 on certain measures to prevent the illegal minimization of tax obligations, so that law enforcement and control bodies can join forces to fight against pseudo-entrepreneurship. profit. The deputy director of the State Antimonopoly Committee of the State Control Committee, Viktor Frankevich, said this in an interview with "Belarus Today".

Photo: Reuters "border =" 0 "data-x-height =" 776 "data-x-src =" https: // img.tyt.by / n / reuters / 0a / 5 / bankir_biznes_dengi_biznesmen_bank_vklady_kredit_rtr375oa.jpg " data-x-width = "1200" data-y-height = "465" data-y-src = "https: //img.tyt. by / 720x720s / n / reuters / 0a / 5 / bankir_biznes_dengi_biznesmen_bank_vklady_kredit_rtr375oa.jpg "data-y-width =" 720 "zoom-data =" 1 "height =" 466 "hspace =" 0 "src =" https: // img .tyt.by / 720x720s / n / reuters / 0a / 5 / bankir_biznes_dengi_biznesmen_bank_vklady_kredit_rtr375oa.jpg "title =" Photo: Reuters "vspace =" 0 "width =" 720 "/> <figcaption> Photo: Reuters </figcaption></figure> <p> "It would be better to completely cancel this law and return to the practice that existed five years ago, than to take into account the proposals received and accept them as they were. subject to public debate "</p> <p> At the same time, he acknowledged that," of course, given the changes of time in the legislation are necessary. " "But this work should be complete: regarding not only Decree No. 488, but also the law" On Accounting and Reporting ", the Tax Code …", said Fraskevich, stressing that under the decree, We recall that at the end of March, a draft amendment of the most hideous commercial decree No. 488 was published, the experts noted that the proposed changes were aimed at eliminating "excesses" , the "distortions" in business relations. with controls </p> <p> The new draft provides that primary accounting records may be deemed to have no legal effect only on transactions executed after they are entered in the register of organizations and IPs presenting an increased risk and only with these entities. The only exception to the rules is the recognition of the transaction as invalid by a court order, but not more than five years before the inclusion of the business entity in the registry. </p> <p> The draft also explicitly states that if the commercial transaction took place, they are not sufficient grounds for the recognition of primary accounting documents as not having the force of law are facts such as: </p> <ul> <li> the disagreement of the business entity at the specified place in the establishment unified documents of a commercial organization (place of residence indicated in the certificate of state registration of An individual entrepreneur); </li> <li> carrying on business in premises that are not lawfully owned by the business entity and other entities </li> </ul> <p> unfounded inclusion of the business in the register and supply of. unreliable information for such reasons. </p> <p> In the draft document e To instruct the Council of Ministers to study the possibility: </p> <ul> <li> to exclude from criminal responsibility persons who have committed the first crimes referred to in Articles 231 and 243 of the Penal Code, if they fully reimbursed the damage caused or proceeds of crime </li> <li>; for illegal business activities and pseudo business </li> </ul> <p> At the same time, companies were also opposed to the proposed adjustment. Trade unions note that "Decree No. 488 contradicts the basic norms of paragraph 1 of Presidential Decree No. 7 on the development of entrepreneurship, noting that the provisions of the Decree are too detailed, which is allowed for departmental and non-legislative instructions. </p> <p> According to the companies, the decree is inherently useless, as law enforcement and control agencies have enough "tools" to hold violators accountable for legislation in the area of ​​law enforcement. # 39; entrepreneurial activity The Civil Code, the Penal Code, the Tax Code, the Budget Code, the Law on Accounting and Reporting, the Law on Economic Insolvency (Bankruptcy). </p> <p> According to business circles, Decree No. 488 affects offenders less, but negatively affects the activities of bona fide commercial entities. However, the project of the new edition of the decree n ° 488, proposed by the developers, does not change anything fundamentally. "One of the most problematic acts of the Belarusian legislation will remain the same, since it would not remove the genuine companies the risk of being held responsible for transactions with structures recognized by the organizations of Belarus. control as "pseudo-entrepreneurial" in an extrajudicial order "19659004] The business world believes that the basis of these amendments should be that the inclusion of business entities in the register of pseudo-entrepreneurial structures, as well as the removal of this register should be based exclusively on a court decision, not on the decision of the law enforcement and monitoring bodies. In addition, primary accounting documents should also be recognized as having no legal effect solely on the basis of a court order, to which counterparties should also be invited. </p> <p><!--POLL--></div> <p><script type= (function () {var _fbq = window._fbq || (window._fbq = []); if (! _fbq.loaded) {var fbds = document.createElement (& # 39; script) ; fbds.async = true; fbds.src = "http://connect.facebook.net/en_US/fbds.js"; var s = document.getElementsByTagName (& quot; script & # 39;) [0]; s .parentNode.insertBefore (fbds, s); _fbq.loaded = true;}; _fbq.push (['addPixelId','644378592349624']);}) (); window._fbq = window._fbq || []; window._fbq.push (['track','PixelInitialized',{}]); [ad_2]
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