The Arbitration Court of the Rostov Region rejected the claim of an individual entrepreneur who tried to prove that his transactions with cryptocurrency were conducted as an individual. The tax authorities considered them to be entrepreneurial activities and assessed an additional amount of more than 5.4 million rubles under the simplified tax system. The court upheld this decision.

The essence of the case:

— in 2022, 143.6 million rubles were received at the IP account.

— 92.5 million of them were recognized as taxable income.

— trade went through individuals, more than 90 accounts, with the participation of third persons.

— the purchase of cryptocurrencies was carried out abroad (including Turkey), the implementation in Russia.

The court saw the signs of business:

— systematic transactions with profit.

— rapid circulation of funds. Foreign accounts.

According to lawyers, this is a significant precedent. Even if transactions go through P2P and personal cards — if they are systematic and aimed at making a profit, it will be regarded as entrepreneurial activity.

“ can be said, the defendant was still lucky — the fine was reduced by 4 times ,” comments Andrey Tugarin from GMT Legal.