Taxation, artists, hacks, and other individuals, INN .. .

[Artoil-A]

Сообщение от kazerov

than texts here on the site is not art. though, would be to take this pessu life than not pessa perspective on this classic art worthy performances in the best theaters .

artist must be disidentom . art by today's priceless in the information age . valuable it is conditional , because the do not have money , that would compensate. . that's where the dog fumbled mulberries
kreativneynado myslitkreativney
closer to the arts.
"Let my words not gold , and iron, the main thing that is useful " kazerov. art. 2012

Yes, I am trying to write a play about the artistic coterie, which is facing criminal, illusions and force creativity. Collect for this dialogue forums. So far, however , I only article on the basis of this collection in one art magazine published.

[DSF]

Okay, we will not write here. I apologize in advance for the wordiness, retirees require quotes

Сообщение от Seriy

Private property is what people use in everyday life, spoon, fork, fold-out car.

Nothing like that. The law clearly says:
 (Article 228 of the Tax Code), "Assessment and pay tax to the following categories of taxpayers:
5. Individuals - on the basis of the amounts received from the sale of property belonging to such persons on the property right and property rights. "
(Article 220 of the Tax Code) "2.Summy received in the fiscal period from the sale of a of the property was owned by the taxpayer ...».
No mention of the use or non-use of the property is not present. There is no indication of how the property was owned - purchased, donated, created by the owner, etc. The main sign - ownership. So - and the spoons, and forks, and paintings, and cars, and the stock, and the money and so forth - all of this - the property of Person.

Сообщение от Seriy

DSF, if the pattern is written for sale, te man produces and sells a number of years, it is a product

Ministry of Finance and the Federal Tax Service poor already tired of explaining various insane pensioners simple truth:
"... That the civil law binds the need for registration of a person as an individual entrepreneur who carries on his of the special kind of, and not just from the fact of the onerous deals. in itself the fact a citizen of transactions on a commercial basis for the recognition of citizen self-employed is not enough, if it commits the transaction did not constitute business activities "
See. Letters from the Russian Ministry of Finance 14.01.2005 N 03-05-01-05 /3, from 22.09.2006 N 03-05-01-03/125, and the Federal Tax Service of Russia in Moscow from from 30.03.07 № 28-10 /28916, and from 25.01.2008 N 18-12/3/005988.
Simply put, if a citizen buys or sells anything, even once, it did not automatically translate into an entrepreneur, and what he sells - a commodity.
"The presence of the actions of the citizen signs of business may indicate, in particular, the following facts:
- The manufacture or acquisition of property for subsequent profit from its use or disposal;
- Keeping records of business transactions related to the implementation of transactions;
- Interconnection of a citizen in a certain period of time transactions;
- Stable relationships with vendors, customers and other counterparties. "
And the presence of only one of these facts is not enough.
"If ... operations on purchase and sale do not contain signs of economic and business activity, not a citizen is obliged to register as a PI. Pay taxes on the revenue it will as a normal individual ».

Simply put, if I'm watching reproductions of Van Gogh decided to write a self-portrait in the yellow hat, just because I was inspired to visit and what to do with it then, I can not even imagine: can rewrite tomorrow hat can burn, can , the museum will present, perhaps selling - this is a portrait of my property, which I can not do according to Article 209 of the Civil Code.
And these paintings in any normal artist - full workshop. What to do with them, he does not know. It will be a challenge of his successors, when they take ownership of them. Will likely have to sell as their property.

The only article in SC directly concerning artists - art. 221 of the Tax Code.
"3. Taxpayers receiving royalties or fees for the creation, execution or other use of works of science, literature and art, and royalties to authors of discoveries, inventions and designs. " They are provided with a professional tax deduction.
That's what you're asking:

Сообщение от Seriy

And how do you imagine, for example, order fulfillment performance of skulptoru sculptures? Where the city will transfer the money? nalom million on hand to individuals? A sculptor will carry a cash at the foundry?

That this article is not like a certain sculptor C. Because when the sculptor comes order to create art and he gets to work fee, it should forked out in accordance with this article.
When I write my self-portrait, then there is no order, no fee, and the fact that I have written, all can not be the work of art, as rightly observed Fed in the next branch.

[Artoil-A]

Сообщение от DSF

Okay, we will not write here . I apologize in advance for the wordiness , retirees require quotes

Nothing like that. The law clearly says:
 (Article 228 of the Tax Code ), " Assessment and pay tax to the following categories of taxpayers:
5. Individuals - on the basis of the amounts received from the sale of property belonging to such persons on the property right and property rights .

I'm almost twenty years to pay taxes. Not for the property , and for the profession. Your understanding of the tax system based on your benefits. Taxmen vykazhut reproach you , and I 'll be glad when you enlighten . Glad purely of humanity - earlier start to live in the real world.

Try. Invest fees to retired enough for sandwiches with red caviar and Ceylon tea (real) on paid medicine ( this one) and comfortable accommodation. Flag in your hands .
Break you - do not worry . The world is so .

[DSF]

And here is the legal precedent. (http://vashnal.ru)
"So, for example, was not recognized by the business activities to create sketches premises commissioned by various organizations. Court pointed out that the business is only a" special kind of activity, "not onerous commit transactions as such (see Resolution of the Federal Arbitration Court of the Central District of 8 February 2006 № A48-2746/05-2). As the court in the actions of the citizens of business signs may indicate, in particular, the following facts:
- The manufacture or acquisition of property for subsequent profit from its use or disposal;
- Business accounting transactions related to the implementation of transactions;
- Interconnection of a citizen in a certain period of time transactions;
- Stable relationships with vendors, customers and other counterparties.

In this case, the very fact of the transactions on a commercial basis for the recognition of a citizen entrepreneur enough. According to the court such deals "do not constitute activity." In addition, the court found that in this situation there is no relationship between the new transaction and stable business relationships with contractors, as well as one of the important features of business - business risk. Sketch of the interior as a product of creative work does not involve the onset of any risk as essentially a more artistically designed variants of the individual elements in a room of furniture, paintings, n "

Added after 11 minutes

Сообщение от Artoil-A

I have almost twenty years to pay taxes. Not for the property , and for the profession. Your understanding of the tax system based on your benefits.

Very well paying . And you have to pay them , because you do clean business, that creativity is irrelevant. You produce products which externally looks picture commercially. All the signs of business you have there .
Just do not cut into one of your brush. You are a professional hack , the art does not have a clue .
PS: You do not have to be here to show you a cheap copy of Briullov, only in vain disgrace.

[Artoil-A]

Сообщение от DSF

Here is the rule of decision. (http://vashnal.ru)
"So, for example, was not recognized by the business activities to create sketches premises commissioned by various organizations. Court pointed out that the business is only a" special kind of activity, "not onerous commit transactions as such (see Resolution of the Federal Arbitration Court of the Central District of 8 February 2006 № A48-2746/05-2). As the court in the actions of the citizens of business signs may indicate, in particular, the following facts:
- The manufacture or acquisition of property for subsequent profit from its use or disposal;
- Business accounting transactions related to the implementation of transactions;
- Interconnection of a citizen in a certain period of time transactions;
- Stable relationships with vendors, customers and other counterparties.

There was clearly a dispute about the board to off-budget funds, which must pay PI. When contracting with individuals, taxes paid by the contracting authority, and the performer is given the 2-PIT, the taxes withheld.
Artist of the declaration on the form of 3-PIT puts the 2-PIT and sleeps peacefully. If the declaration is not filed - fined.
http://ipipip.ru/ART/2NDFL.php

Moreover, sometimes it is enough to specify the account through which payment was a copy of the agreement and in writing. But in this case, the perpetrator pays taxes.

[NATA NOVA]

Сообщение от Artoil-A

break you - do not worry.

I do not understand, what does break?

[Artoil-A]

Сообщение от NATA NOVA

I do not understand, what does break?

The state system does not like the creative individuals in tax matters.
As stated - as it should be.
Otherwise example - Khodorkovsky.
And I know that his managers warned against the use of tax optimization.

[DSF]

Mr. and comrades - retired gentleman , we are not in the tax, do not have to dodge . In addition to cheap threats , essentially argue is that? With quotes from NC ?
I repeat. The artist does not have to be registered as individual entrepreneurs, paints freely and freely dispose of them the same , including - sell them , paying tax on their income at the standard rates of personal income tax , using all the appropriate deductions.

[Artoil-A]

Сообщение от DSF

I repeat. The artist does not have to be registered as individual entrepreneurs, paints freely and freely dispose of them the same , including - sell them , paying tax on their income at the standard rates of personal income tax , using all the appropriate deductions.

Here again you fantasize . I think you have to convince . Even wondering when. Report it on the forum.
Just remember that the penalty imposed stroke of the pen , and even shoot through the courts.

[NATA NOVA]

Сообщение от Artoil-A; 2246881"

Here again you fantasize . I think you have to convince . Even wondering when. Report it on the forum.
Just remember that the penalty imposed stroke of the pen , and even shoot through the courts.

Artoil-A, come on you ( chesslovo ), such a debate staged ( in a tone ) as a bud here solid Khodorkovsky ... Inadequately .. " ass pants must match " ( C) .. interesting topic about taxes (when constructive without emotion ) ..
And again, in a raised voice to the individual all sehali ... (with rare exceptions )