Non-resident - who is this?

2024 Author: Henry Conors | [email protected]. Last modified: 2024-02-12 02:43

In order to understand what the status of a non-resident means, it is worth looking into the law called "On currency regulation (and currency control)". It was registered under the number 173-FZ in 2003 (December 10). According to this normative act, general provisions and terms are discussed in paragraph 7 of the first chapter.

A non-resident is, as stated in the law, an individual who is not a resident. In turn, residents include Russian citizens (with the exception of those who are declared residing in another state in accordance with the legislative acts of this state).

A non-resident individual can also be a person who permanently resides in Russia due to the presence of a residence permit, a foreigner or a stateless person who is also in Russia on the basis of the same document.

Also, a non-resident is a legal entity that was created in accordance with legislation other than Russian, and located outside the territory of our country. In addition, a similar statusand organizations that are not legal entities, but are also formed according to the norms of foreign legislation and operate in other countries. If the above legal entities in the Russian Federation have structural subdivisions of a separate or independent plan (permanent representative offices, branches, etc.), then they are also automatically classified as non-residents.

In any country there are consular organizations, diplomatic missions of other states that are not residents. In addition, a non-resident is a permanent representation of the above institutions (at intergovernmental and intergovernmental organizations) and the interstate and intergovernmental structures themselves and their branches.

Currency legislation determines what transactions can be made between residents and non-residents. For example, foreign exchange transactions between these groups of persons can be carried out without restrictions, with the exception of those related to payment deferrals for long periods, with the movement of capital or currency circulation in the domestic foreign exchange sector of Russia.

From the point of view of other sections of Russian legislation, a non-resident is a person functioning in a special regime. For example, in the tax legislation there are articles according to which some foreign citizens, such as consuls, diplomats and members of their families (not citizens of the Russian Federation) are not subject to taxation in terms of income received under article No. 215 of the Tax Code.

But other categories of foreign taxpayers usually pay taxes onhigher rates than Russians (tax on dividends received) or have a special taxation regime. According to Article 227.1 of the Tax Code, foreigners who come to work for individuals under employment contracts (as a rule, in jobs that do not require qualifications) must acquire a patent and pay 1,000 rubles for its renewal every month. This form of tax relationship should ensure that income tax is paid in the simplest possible way.