One-day firms first appeared in the Russian economy about twenty years ago. What are they? We will answer this question by drawing up their small portrait. The company “camomile” (the second name of a one-day company) is created specifically for the purpose of tax evasion. In addition, with the help of such a company, large sums of money are laundered, as well as the theft of budget funds. This company exists only on paper and does not carry out any production or other other real activities. Having fulfilled its function, the company is very quickly liquidated.
Of course, the tax authorities also learned to recognize one-day firms for the entire time of their existence, having formed a number of signs, the compliance with which puts the newly formed company under suspicion:
- the location of the legal address of the company does not inspire confidence (the address can be massive, where at least a dozen companies are registered, or can be located on any abandoned objects);
- inconsistent reporting or non-reporting;
- inclusion in the account of only very large operations and the complete absence of small ones;
- timely tax payments, but only in the form of small amounts.
The fight against this phenomenon in the economy is constantly being conducted and improved. Two years ago, on this occasion, the President of Russia introduced a legislative initiative, which, after various debates, was nevertheless adopted by the State Duma deputies as a law on one-day firms.
This law provides for liability for legal entities that were illegally formed using a front man. Those who break the law are liable to a fine (from one hundred thousand rubles to three hundred thousand rubles) or to perform forced labor, and they may also be imprisoned for a term of three years. In the event that such actions were committed by a person who used his official position, or they were committed by a group of persons where a preliminary conspiracy took place, a penalty is also provided. It can be in the form of a fine (from three hundred thousand rubles to five hundred thousand rubles) or the performance of compulsory work for a period of seven to ten days, as well as imprisonment for up to five years.
In addition, the law provides for punishment not only for the founders of a one-day company, responsibility also extends to those involved in the illegal use of any documents that contribute to the formation of such a company.
For such participation in the creation of the company, the perpetrators will be punished in the form of performing correctional labor for a period of two years or compulsory labor for a period of ten days. A fine is also provided. Its size can range from one hundred to three hundred thousand rubles.
When acquiring an identity document or using personal data obtained illegally, the penalty is from three hundred thousand to half a million rubles. Also, punishment may be the performance of forced labor or imprisonment for up to three years.
However, it is impossible to say with certainty that this law is able once and for all to rid the economy of such a phenomenon as one-day firms.
With the help of the adopted articles of the Criminal Code, those who helped create such a firm will be punished. Nevertheless, we should not forget that one-day activities are only a tool for criminal acts to evade taxes, legalize proceeds from crime, and hide fraud. Surely this law will serve as a warning to those who are behind the creation of these firms. Perhaps it will make you think about the consequences.
But be that as it may, effective methods for eradicating an economy-destroying phenomenon, such as one-day firms, exist. It is necessary to improve methods for investigating economic crimes and identify those who benefit from the activities of such firms. Holding these individuals accountable can put an end to the creation of “daisies.”