InternationalInternational Economics

Some people’s attempt to evade taxes in virtual business / “Inmad” is a tool to deal with money laundering and currency withdrawal

According to the economic correspondent of Fars news agency, the organization of electronic business activities during the past years has been the most important concern of the institutions supervising related activities, as per the resolution of the meeting of the National Security Council dated 4/12/1991, with the aim of monitoring Continuously on the activity of the sites providing services and goods inside the country, the responsibility of granting the electronic trust symbol to all electronic businesses was assigned to the e-commerce development center of the Ministry of Mining Industry and Trade.

This importance was achieved while referring to paragraph 1-h of article 3 of the e-commerce development center’s statutes, organizing the activities of e-commerce sites as one of the tasks of this center has also been approved by the Guardian Council.

Also, the electronic trust symbol has been approved and approved as one of the licenses granted by the Ministry of Industry, Mines and Trade, in the 8th meeting of the Deregulation and Facilitation of Business Licensing Board dated 3/24/1995. The

In the meantime, due to the increasing development of electronic payment tools in the society, as well as the increasing expansion of electronic and offline financial and banking services and the increasing increase of business services on the platform of social networks, with the aim of preventing the development of money laundering operations into the virtual business space and legal support Regarding the rights of users in this space, the Law on Combating Money Laundering has been amended and based on Article 103 of the Executive Regulations of the Additional Article 14 of the Law on Combating Money Laundering (Council of Ministers Resolution No. “Payment service providers are obliged, before providing any virtual acceptance tool, while performing the usual identification of the client, the license information of the electronic trust symbol of the acceptor or the acquisition license subject to Article 87 of the Trade Union Law of the country – approved in 1382 – and its subsequent amendments. Receive it from the recipient and register it in the client’s profile after inquiring with the relevant authorities.

This legal task explicitly emphasizes that all businesses that need to obtain any portal for accepting bank transactions in the virtual space, need to obtain a business license or at least obtain the electronic trust symbol of the Ministry. silence and all companies providing payment services are obliged to prevent any personal or legal business from providing payment gateways without the aforementioned licenses.

A very important point is that all the efforts of the government and executive bodies in this regard are to identify the activists of the business space, develop the necessary support tools to provide them with the necessary platforms, and also protect the public rights of citizens in front of businesses.

In the meantime, there are businesses that, regardless of the goals of the government and relevant institutions in this matter, with the slogan of developing the business environment and under the banner of deregulation, have emphasized on not obtaining any license for business activities in the virtual space. And in the meantime, some of the existing legal gaps or some inter-institutional inconsistencies are also the cause of the matter and with organized guidance, they want the non-implementation of the said regulations by those in charge, including the Central Bank, while last year some Ambiguities were raised in the interpretation of the resolution of the Board of Ministers (Executive Code of Article 14 of the Addendum to the Anti-Money Laundering Law), including the inclusion of payment assistance companies in complying with the provisions of this resolution. Subject to compliance with the aforementioned regulations.

Also, in numerous meetings of the Islamic Council and inter-institutional meetings, the implementation of this regulation has been confirmed by all executive bodies and the necessity of strict compliance with its provisions has been emphasized by all those in charge.

Another important point is that with the follow-up of the Central Bank and Shoprak Company and the cooperation of PSP companies, more than 97% of the internet portals granted by the mentioned companies have complied with the intended regulation, but in the case of companies providing payment assistance services, more than 70 thousand internet portals have been granted. to acquire works It does not have the said licenses.

The argument of payment companies in this regard focuses on the impossibility of obtaining a trust symbol for businesses that operate as a platform, and in a way, a business is a showcase for the activities of thousands of its subsidiary businesses. This is the center of e-commerce development of the ministry silencethe possibility of obtaining this For this, they have provided such businesses in the form of business booths, but the emphasis of payment companies on the lack of coverage of this license (this) on the requirements of the business environment and the double emphasis on deregulation, mostly highlights the suspicion of unwillingness to clarify business activities and sometimes tax evasion.

In the meantime, trade associations, including the Blockchain Association, have recently stated in a statement that compliance with this legal requirement is the death of the digital economy, while the focus of the aforementioned statement is on supporting businesses active in the exchange. cryptocurrency are businesses that are still categorized as unauthorized businesses based on the August 2018 resolution of the Council of Ministers and do not have legal authority to provide official banking services including payment gateways, businesses that, despite not having legal protection, lack Any economic achievement has been constructive for the country and it has prevented the attraction of public funds in constructive areas simply by facilitating the capital outflow from the country.

In the meantime, compliance with relevant regulations, including the provisions of Article 103 of the Executive Regulations, Article 14 of the Addendum to the Anti-Money Laundering Law, is mandatory, and it is advisable to provide the basis for the strict implementation of the current regulations with the double coordination of the executive bodies and the prevention of uncoordinated and unwarranted actions. to be

Also, simultaneously examining the additional requirements of the business space with a supportive approach and covering any inadequacies in the effective identification of virtual space businesses with the aim of double supporting them as well as supporting customers and the public sector as a complementary approach. be placed.

In this regard, the constructive approach of the trade unions is very important and it is appropriate, if they have concerns or executive objections regarding the above-mentioned regulation, in the first place, with a constructive approach with the executors of the matter, and if no results are obtained from legal channels, to request additional amendments in Regulations should take action because double objection to executive bodies, creating convulsions between executive bodies and abuse of executive loopholes in regulations and inter-institutional inconsistencies will only lead to damage in the business environment, loss of opportunity and time, as well as destroying the environment. Hope will be legal in business.

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