<p>The new bill, which will come into force in April 2019, worsens the legal framework of citizens of the Russian Federation.</p><p>The main message of the law: “The tax authorities will be able to request data on open accounts, balances on them and movement of funds with a breakdown separately on deposits and separately on accounts in any banks.” This applies not only to organizations and individual entrepreneurs but also to individuals.</p><p>If you look closely, this law fits well into the scheme of subsidiary liability.</p><p>Let me remind you that 488 Federal Laws of the Russian Federation, 266 Federal Laws of the Russian Federation on bankruptcy on July 29, 2017, as well as amendments to the Civil Code of the Russian Federation, and letters of the Federal Tax Service provide for financial “punishment” of persons controlling the company. All direct relatives and persons identified in the course of operational search activities (civil marriage, colleagues, classmates), as well as chief accountants, financial directors, etc. In essence, if you have what to take in favor of the state, then you are at risk.</p><p>Of course, it is difficult to withdraw and sell real estate or a car, it is much easier to put a paw on an individual’s bank account and withdraw funds from them to the state.</p><p>Let me remind everyone that there are no illusions: In the treasury, there is a big hole that you-know-who gnawed on. They will not give up their money, so they will get into the pockets of citizens because there are many expenses, but there are no revenues and are not expected with such an economic policy.</p><p>If in any way you were among the controlling persons, then you may fall under the “cleansing” three years ago, but there is another nasty moment: Resolution of the Constitutional Court of the Russian Federation of July 14, 2005, No. 9-P. By this decision, the Constitutional Court deprived the “unscrupulous” taxpayers of the right to use the legal limitation period for tax liability, which means that if the company in which you were the controlling person is considered unfair, then even if you were there 5 years ago, you can answer for tax and credit debts.</p><p><b>Why the trust?</b></p><p>Trust is the only tool that will allow you to avoid withdrawing money from your pocket.</p><p>Since the Trust is not a Russian structure, then the decisions of the courts or the tax requirements do not concern it, and given the international isolation of the Russian Federation, you have a good chance.</p><p>However, there is one drawback: when transferring funds to a trust, you must indicate the origin of the funds, be it a tax return or other documents confirming the sale of the property, etc.</p><p>There are three types of transferring money to a trust:</p><p>You yourself take any means of detour abroad and transfer them to a trust (you bear all the risks yourself).</p><p>You carry the declared currency abroad and transfer it to the trust company’s account (from the point of view of the law, if you declare currency export, then you have no complaints).</p><p>You can resolve the issue with your bank by giving the bank a copy of the trust agreement and, based on it, ask to transfer all your funds to the account of the trust company that will manage them. Here, we may need our consultation with your bank, since bank employees will have many questions, although they are not always logical.</p><p>Thus, by transferring your funds to a trust, you can rest assured: the FTS will never reach your money since the trust legislation itself and centuries of experience allow trust companies to carry out legal maneuvers with the assets of their clients.</p><p>On August 11, 2017, the Arbitration Court of St. Petersburg brought to subsidiary liability for 1.977 billion rubles the former director of AERO LLC Sergey Grush, based on a petition by the arbitration manager. This is the highest amount of secondary liability.</p><p>If you look at arbitration practice, say, from 2009, you will see many cases involving the controlling persons in subsidiary liability. The average check in them is about 15 million rubles.</p><p>Are you sure that you cannot be attracted to CO?</p><p>You decide whether you want to save money through a trust or give it to the state.</p><p>Dmitry Rusak</p>