Difference between white and gray wages. White salary: what is it, pros and cons

When applying for a job, it is important to know not only how much the salary will be, but also what “color”.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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Currently, there are unofficially three types of wages in Russia: “white”, “gray” and “black”.

The term “white salary” was first recorded in 1998 in the Ogonyok magazine in an article about employers and their money fraud.

What is it?

This is the official salary on which taxes are paid, it is indicated in, registered in and appears in all indirect documents.

The “white salary” includes the following components:

officially established salary;
bonuses;
regional coefficient (an indicator of an increase in earnings in order to compensate for additional costs of funds and labor due to a difficult climate);
bonuses for experience, degree;
vacation pay;

Positive and negative aspects for the employee and employer

Maybe, positive sides The “white salary” is not so visible to employers, but its presence immediately eliminates problems with the tax services, namely, with “salary commissions.”

After all, for tax evasion, people are forced to pay a considerable fine or are sent to forced labor for up to five years, followed by a ban on holding positions, etc.

Moreover, companies that offer official employment and a legal actual salary enjoy great respect and demand among highly qualified specialists.

Advantages of a “white salary” for an employee:

security (an employee becomes a subject of labor legislation and receives all privileges and rights only if there is an employment contract, which must indicate the salary amount);
prospects (large and reliable enterprises that provide personal growth and stability, prefer transparent accounting, in contrast to “fly-by-night companies”);
credit history (the ability to get loans from prestigious banks if you have a certificate of income);
pension (tax - percentage of wages the employer pays into the pension fund);
paid sick leave, maternity leave and vacation pay.

The only disadvantage of a “white salary” for an employee is the payment of personal income tax (NDFL), which ranges from 13% to 35% of earnings; the salary is calculated with the tax already removed.

For 2019, the employer (policyholder) is required to pay taxes to three extra-budgetary funds:

MHIF (compulsory health insurance) in the amount of 5.1% of salary;
PFR (compulsory pension insurance) in the amount of 22% of salary;
FSS (compulsory social insurance) in the amount of 2.9% of salary.

The total number of deductions from an employee's salary is 33.1%.

If the employee’s annual wage fund exceeds the taxable base for insurance contributions to the funds (in 2019 it is 796 thousand rubles), then the percentage of taxes from 30% falls to 10%, which means: the higher the salary, the lower the amount of the fee.

The rate of contributions to the Social Insurance Fund depends on the level of harmfulness of production.

When specially assessing working conditions, additional tariffs are applied:

dangerous +8%;
harmful +7-2%;
acceptable and optimal 0%.

But as part of anti-crisis measures, the elimination of insurance payments from 2019 and the restoration of the single social tax (UST), which was abolished on January 1, 2010, are being considered.

Maximum and minimum amounts

Employers do not have the right to pay less than the minimum wage (minimum wage).

From July 1, 2019, the minimum wage in Russia at the federal level is 7,500 rubles. There is also a regional minimum wage, and it may be higher than the federal one. For example, in the Moscow region it is 12,500 rubles.

There is no term “maximum salary”; any salary is formed under the influence of certain factors, for example, what is the maximum amount possible, level of education and experience.

Difference from “gray” and “black” schemes

In addition to the so-called “white salary”, there are “gray” (“salary in an envelope”)– part of the money received for work is not indicated in the documents.

Thus, an employee under an employment contract may be appointed to a completely different position than he actually occupies, and officially have a low salary, but de facto he is paid more due to the performance of other work, or the position corresponds to reality, but the salary is de - they are underestimating.

This is how envelopes with money appear, which formally do not exist.

“Gray salary” can help not only reduce the amount of tax payments to both the employer and the employee, but also makes it possible to cut alimony payments, because the amount of deductions cannot exceed a fifth of all income - that is, the lower the official income, the less is withdrawn for alimony.

Another type of payment for labor is .

This term was first registered in the Kommersant-Daily newspaper in 1996; it denotes a salary that is not subject to taxes and is not documented anywhere.

That is, the employer specifies the minimum wage in employment contract or offers work without official employment.

This type of income does not include payment and, sick leave, does not provide any rights. Therefore, there has been a decline in the popularity and approval of unofficial income.

The research center-portal Superjob periodically conducted a survey to determine the population’s attitude towards colored salaries; in 2019, 1,600 economically active people (aged 15 to 72 years) took part in it.

Everyone was asked the same question: “Will you agree to a job with a “gray” (“black”) salary?”

Here are his results:

Possible answer	2011	2013	2014	2015
Yes	51 %	47 %	48 %	44 %
No	27 %	31 %	34 %	33 %
I find it difficult to answer	22 %	22 %	18 %	23 %

The employer is quite happy with the issuance of “black wages”, since he bypasses taxes, and if the employee admits to receiving black wages, he will be accused of having an agreement with the employer about actions that led to a reduction in the amount of taxes paid.

Often in Everyday life you can hear the following phrases: white salary, black salary. For most, the difference between these concepts is obvious. And everyone chooses for themselves how they will be rewarded for the work done. Let’s try to figure out what is attractive about both payment options.

Salary is

There are many definitions of wages, but the essence is the same. This is the remuneration of an employee, depending on his qualifications and his contribution to the common cause. Government Russian Federation a minimum is established below which the employer does not have the right to pay the employee. In 2017, this amount was 7,800 rubles per month. Additionally, in each region there are regional salary increases, which slightly increase the cost of living.

Types of wages

Salaries can be divided into types:

Nominal salary is the amount Money, which is paid to an employee for his activities in the organization.
The real wage is the amount of goods and services that can be purchased for a nominal wage.

The real salary directly depends on the nominal one, that is, the higher the remuneration a person receives at work, the higher his purchasing power, and accordingly, the higher the real salary. This indicator also depends on the tax contributions that citizens transfer to the state from their income. Accordingly, the higher they are, the lower the real salary. Prices for goods and services are also important for calculating this indicator. The higher they are, the lower the real wage.

There is another popular division of salaries into types:

white;
black;
gray

This division is of an everyday nature. It is unlikely that you will come across paragraphs in economics textbooks with the title “White salary”. Therefore, let's understand the terms in more detail.

What is white salary

There are several signs of a white or official salary:

A little about taxes and contributions

It’s no secret that 13% of the total amount of payments to the employee is deducted from the employee’s official salary to the state fund. This is the so-called income tax. By law, these are all tax contributions that an employee must pay to the country's budget. Additionally, the employer transfers about 30% of the total amount of payments to the employee to extra-budgetary funds:

Contributions to the pension fund - 22%.
Contributions to the Fund social insurance - 2,9 %.
Contributions to the Compulsory Health Insurance Fund - 5.1%.

All deductions listed above are made every month and are reflected in all financial documents of the employer.

What is black wages

Black wages or wages in an envelope are usually paid in organizations that want to avoid unnecessary costs for their employees and reduce the cost of taxes and contributions. As a rule, in such companies no contracts are concluded between the employee and the employer. All agreements are only in words. Therefore, people who use such a remuneration scheme are not always trustworthy.

What is a gray salary

Many companies, even those that have been on the market for decades, use this scheme to minimize the amount of contributions to the state budget and extra-budgetary funds. The essence of the gray salary is that the employee’s minimum salary is specified in the contract. It is from him that all deductions will go to the tax office and for contributions to the Pension Fund, Social Insurance Fund, and Compulsory Medical Insurance Fund. Considering the meager salaries, payments will also be minimal. This is the so-called official part of the salary. Additionally, the employee will receive the rest of the salary in the envelope, which will not be reflected in the accounting document.

Pros and cons of white salary

From the point of view of the law and common sense, the only option for an employee may be to receive an official salary. After all, the poles of a white salary are obvious:

Security. This is one of the main factors. After all, all relations between an employee and an organization are enshrined in an employment contract, in which, according to the Labor Code of the Russian Federation, wages are included as a separate clause. Therefore, unauthorized decisions by the employer regarding the employee’s position at the enterprise or changes in wages will be impossible. Also, having a contract in hand, the employee will protect himself from situations where unofficial wages are not paid.
Future development. As a rule, white wage schemes are used by companies that look confidently into the future and that care about attracting high-quality employees, providing them with comfortable working conditions. A company that rewards its employees with money in an envelope may in fact turn out to be a fly-by-night company.
Lending. People who receive a white salary can borrow money at interest from the bank on more favorable terms than people whose income is unofficial. At the same time, they will not need to collect a pile of documents that would confirm their income. It is enough to bring only 2 certificates from work.
Pension. Few people care about the payments that a person will receive after crossing the age of sixty. For many, retirement is a distant prospect. But it is from our income that the basic part of it is formed. Therefore, salary and pension are inextricably linked.
Payment of sick leave, vacation pay, and maternity pay is also based on the employee’s official earnings.
If an employment contract is terminated at the initiative of the employee or as a result of the liquidation of the enterprise, the employee must receive all payments due to him.

Every medal has two sides. Therefore, the white scheme also has a number of negative points:

Why do employers use color-coded pay schemes?

Many companies operating in Russia use a gray remuneration scheme in practice. The main reasons are as follows:

How can employees with gray and black salaries prove the receipt of funds?

Situations often occur when an employer, who pays salaries in envelopes, does not pay the employee for a long time or, upon dismissal, refuses to pay the money earned by the employee. This issue can be resolved, but the process will not be easy. There are three ways of development of events:

Write an application to the Rostrud inspectorate. IN writing it is necessary to indicate the amount the employee received monthly, the time for which mandatory payments were delayed, and what rights were violated. After accepting the application, Rostrud initiates an inspection of the organization where the applicant worked. The procedure takes place without the participation of an employee, and its results will be reported after completion.
Contact the prosecutor's office. Since failure to pay wages or other income to an employee is a criminal offense. The statement also describes the situation between the employee and the employer. After this, an inspection of the enterprise is also organized.
Going to court. One of effective ways hold the employer accountable. But to prove the illegal behavior of the company owner will require a lot of evidence. These include: voice recordings, witness statements, information about posted vacancies of the enterprise, where the employee’s income will be recorded. A good proof of receipt of salary is a certificate of income of the employee for obtaining a loan, filled out by the employer in free form.

In order not to prove that you are right, and not to waste time and nerves, choose organizations that formalize relations in accordance with the Labor Code of the Russian Federation. The salary here is official.

The division of wages is also commonly called “color”. This has already become quite firmly established in our lives. But in most cases, people do not know about the downside of such payments, and why many employers choose the option with envelopes.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

First, it’s worth understanding that unofficial wages are illegal. The employer faces liability in the form of a fine.

In some cases, criminal penalties may be applied. Moreover, such punishment is used quite rarely. The employee loses pension and other types of accrual.

General information

Everyone knows about the existence of black, gray and white salaries. The colors indicate the degree of illegality of payments.

In accordance with the law, there is only 1 type of salary - white. She is also official. The amount of remuneration is determined by the employer and recorded in documents.

But there are 2 prerequisites:

must match ;
payment must be accrued.

Official wages must be displayed in the following documents:

order;
contract of employment;
accounting documentation.

In accordance with the Tax Code of the Russian Federation, wages are 13%. The employee receives the amount in his hands, taking into account the deduction.

Taxation in the amount of 26% is also mandatory - UST. This amount is paid by the organization itself. That is, if the official salary is 50,000, the employee will receive 43,500. But at the same time, the unified social tax is deducted from the employer and the full specialist will cost the employer 63,000. This is one of the main reasons why unofficial wages are so often used.

The white salary serves as a guarantor for the employee:

duration of vacation;
that sick leave will be paid in accordance with the salary;
correct calculation of various payments.

Law

It is noteworthy that according to the law there are no divisions into black, gray and white salaries. The employer sets an officially determined amount of payments, which must be written down in the documents.

The procedure, terms and amount of accruals are determined by the employer. This rule enshrined in the Labor Code of the Russian Federation.

Unofficial salary

Unofficial salaries are usually called gray and black. These are considered payments that do not go through the documents partially or entirely.

Often employees are given salaries in envelopes. If this fact becomes known to the tax authorities, the employer will be held liable.

Gray

Often only part of the salary is officially disclosed, and the remaining amount is handed out separately. That is, the salary consists of white and black.

Sick leave, vacation and other payments depend on the size of your salary. In some cases, the employer accrues all of the actual remuneration. Usually the white part is the minimum wage size.

Another disadvantage is sick pay. The FSS reimburses the official amount. That is, everything is calculated based on contributions. Therefore, sick leave is reimbursed based on actual income.

Difficulties also arise with loans - the bank may consider white income low and refuse.

But the main drawback is that the amount of official income determines the length of service and the size of the pension. It is formed according to contributions to the Pension Fund.

Black

A black salary is accrued when an employee is not officially registered with the company. An employment agreement is not concluded, but an entry in work book absent.

Payment is carried out entirely through an envelope. The enterprise always maintains double-entry bookkeeping in such situations.

Typically, employees receive a % of transactions and sales. It should be borne in mind that with this type of accrual there are no social guarantees.

Advantages and disadvantages

We list the main advantages:

Personal income tax is less - deduction only from white salary;
the amounts of other deductions are also less - for example, alimony.

Only 2 advantages against a whole list of disadvantages:

small pension in the future;
if a person is fired, then there is a risk of being left without a normal salary;
the employer faces criminal prosecution;
problems with social benefits.

Where to go if you haven't paid?

In practice, rarely does anyone decide to file a complaint. If the employer has not paid the amount of the black salary and it is not reflected anywhere in the documents and there are no witnesses, then it will be very difficult to obtain payments.

But it is possible to help hold the employer accountable for the fact that there is a fact of concealing employee benefits.

to the labor inspectorate;
to the tax office;
to the prosecutor's office.

How to prove?

It is quite possible to prove payment of salary in an envelope. But it will take quite a lot of effort.

Evidence is required confirming the salary amount. These include:

Recruitment Ads – Typically the full amount of compensation is displayed.
Information from Goskomstat about the average level in the region.
From the employer's documents - pay sheets, payments. If the salary had already been paid, then the employee probably signed for 2 payments at once - for white and black income.
Envelopes with the names of employees.
If salary certificates were previously issued, then they can also be attached as evidence.
If possible, bring in witnesses.

Statement of claim

It is necessary to file a statement of claim in court. The document must include the following information:

If you need to recover the amount of unpaid salary, then you need to display this fact in the application.
If there was a delay, then you can demand the accrual of interest for the delay.
You can request official employment indicating your real salary.
Claim compensation for moral damage.

After dismissal

If an employee leaves his job and remains in a good relationship with the employer, then payments are usually calculated from real earnings.

Responsibility

The employer may be held liable for concealing employee earnings.

The fact is that since the employer hides the salary, he provides incorrect information about the organization’s income, which means he is hiding from the actual payment of taxes and fees.

For the employer

According to Federal Law 212, the employer may be punished in the form of fines.

If the amount of unpaid taxes is more than 300,000 rubles per employee, then the employer will be held criminally liable.

For employee

For the employee, the situation is complicated by the fact that the amounts transferred to the funds will be extremely low or completely absent.

The problem will arise with regard to length of service and the payment of various benefits.

Arbitrage practice

In 2019 there is a fairly extensive arbitrage practice on similar issues. Employees begin to complain when the employer does not pay the full amount promised.

Approved by law is considered to be white wages, which the employer is obliged to pay in the amount specified in the employment contract (less taxes). However, workers are often paid in envelopes, which is illegal. What is the difference between them? What are the advantages of white wages for employees and what are the disadvantages for employers?

White salary law in 2018

The law does not provide for the division of wages into white, gray and black. Upon employment, an employee must be paid an officially established amount, which, in addition to the employment contract, must be recorded in the internal documentation of the organization. In addition, it is coordinated with the company’s trade union. The establishment of the timing and form of payments, as well as the procedure for their implementation, is in the employer’s statement. According to the Labor Code, two rules must be followed:

The amount of payment cannot be lower than the minimum rate established by law;
Payments must be made twice a month.

The determination of the official nature of payment of wages to employees is regulated. Any other deductions are prohibited, as a result of which the employer faces liability before the law.

White salary tax

Tax deductions are made from the white salary, both from the employee and the employer. How many tax payments provided by law? First of all, the employee must pay income tax from the amount indicated in the documentation. It is fundamental. The tax on white wages is 13%, and for non-residents - 30%.

In addition, the head of the company himself is obliged to pay a certain amount accrued to extra-budgetary funds. He must pay it in addition to the amount of wages paid. The principal amount of 22% is transferred to Pension Fund. You also need to pay social insurance funds. These include:

Compulsory health insurance;
Maternity or disability insurance;
In case of injury.

The law provides for cases when an organization can pay these taxes at reduced rates, or even lose such an obligation. This is possible if the employee has reached the stipulated maximum values of the cumulative white salary for the year.

Delayed salary - what to do?

If the company delays the payment of wages, the employee has the right to demand that he be paid compensation in the form of 1/300 of the refinancing rate. This compensation is calculated for each day of delay. If an employer delays payment to employees, then they have legal grounds for not fulfilling their duties.

If you decide this question is impossible within the team, then the employee can complain to government bodies. The main body dealing with this issue is the labor inspectorate. If long time wages are delayed, then it is worth writing a complaint to the appropriate organization, to which you need to attach a copy of the employment contract and documents confirming the fact of the delay. The complaint is considered within a month, after which the employer is sent an order indicating the amount of debt, taking into account interest that requires immediate payment.

You can also complain to the prosecutor's office, where, in addition to demanding payment to the employee for work, they may carry out certain checks, during which it is possible to identify other violations on the part of the company's management. Of course, in addition to the previously mentioned bodies, the employee has the right to complain to the court.

Pros of white salary

Employment, where the payment system for work is based on the payment of white wages, has many advantages. One of the benefits is employee security. It manifests itself in the availability of documents confirming the legal rights of the employee to receive payment for his work in the established amount and terms. Another advantage is the prospects of a company that makes payments in an official form. In such an organization, long-term relationships with employees are valued, and, therefore, there are a number of advantages regarding career growth.

The next advantage is the ability to confirm your income to determine your credit history, on the basis of which the bank decides on issuing a loan. An equally important advantage is decent pension due to the fact that transfers are made from the white salary to the Pension Fund. In addition, the legislation provides for the minimum wage, below which the employer does not have the right to pay for work in a certain vacancy. There are also advantages regarding social guarantees. Employees planning to go on maternity leave can receive guaranteed maternity benefits only from their official earnings; if paid in envelopes, the employer may refuse this right or pay in a much smaller amount. The situation is exactly the same with vacation pay and sick pay, when the calculation is carried out on the basis of average earnings.

Why is it not profitable for an employer to pay white wages?

Many company managers try to circumvent the law and pay wages in envelopes, since it is not profitable for them to pay them in white. First of all, this is due to the need to pay taxes, which, often, together with the whitest salary, take up the majority of the organization’s expenses. When paying for work in envelopes, it is possible to significantly save on these items, since they are not officially recorded in the documentation. A plus for the employee regarding social guarantees is a minus for the employer. This is due to the fact that he is obliged to pay for vacation and sick leave, whereas with unofficial payments he can reduce their amount or refuse to pay at all.

How to force an employer to pay white wages?

If payment for work is carried out in envelopes, then the main problem, if necessary, to force the manager to pay a white salary becomes proof of the employer’s debt itself. In this situation, any documents confirming receipt of payment, for example, pay slips, can help. This fact can also be proven with the help of witnesses. Having evidence in hand, you can contact specialized authorities: labor inspectorate or tax service who can carry out the verification. However, fearing dismissal, employees do not always resort to such measures.

Thus, experience shows that employment is possible both with the calculation of a white salary, and a gray or black one, despite the illegal grounds of the latter. However, they have certain pros and cons - both for the employer and for the employee.

What does the so-called “white salary” mean? This popular and unofficial term means that remuneration is official and complies with the laws and regulations of the Russian Federation. To know white diagram possible based on several criteria:

The amount of wages is fully reflected in the employment contract, regulations on remuneration, employment order and other official documents.
All payments are reflected in the organization's accounting records.
When receiving a salary, an employee has the opportunity to track how calculations, accruals and deductions were made.
The salary amount is agreed upon with the enterprise trade union.
The employee receives money through a cash register or to a bank card.

There are also white salaries. Time-based is accrued according to the time sheet and consists of a fixed salary and bonus. Piecework depends on the fulfilled production standards. Salary is calculated based on the number of units completed.

In general, the official salary consists of components determined by law:

Salary.
Prize.
Regional coefficient (if there is one).
An allowance (for example, for experience or an academic degree).
(if the employee goes on vacation).
sick leave (respectively, if the employee went on sick leave).
Other payments provided for in a specific organization.

Official wages are made up of components determined by law.

In contrast to the above, let’s put “gray” and “black” wages (they are also called “salaries in an envelope”). In this case, the employer partially or completely hides the amounts paid to the employee from the state. This is done for a number of reasons, but mainly to avoid paying taxes. The difference between them is that the schemes are conditionally legal and do not formally contradict the law, while “black” schemes are completely illegal.

Legislation

By the way, according to the law, there are no “multi-colored” salaries. There is only one - official, regulated by Section VI of the Labor Code.

The employer himself sets the amount and procedure for payment, fixing this in internal documents. According to the Labor Code, he must meet two conditions:

The employee's salary must be no less than the minimum established by the state ().
Payments are made at least twice a month.

In addition, there is the Tax Code of the Russian Federation, which considers wages as income individual and obliges him to pay income tax of 13-30%.

How does it feel for the employee?

White wages have their pros and cons for both the employer and the employee. Let's look at them separately.

The benefits for the employee include his social security:

Pension contributions are calculated from official income.
Legal sick leave and...
When receiving a loan, banks require proof of income in Form 2-NDFL. Such a certificate cannot be issued for a salary “in an envelope”; it is impossible to get a loan from a bank.
An employer cannot unreasonably deprive an employee of part of his salary or bonus.
The organization has no right to withhold wages.
Upon dismissal or layoff, the employer is liable for everything due to the employee.
If an organization violates its payment obligations, the employee has grounds to sue by presenting evidence.

The disadvantages of a white salary for an employee are not obvious. Occurs in special cases:

Often employers “win back” their costs on employees. The official salary under the contract is lower than the regional average for a similar position in “gray” companies.
Official wages are not beneficial to debtors. Debts are collected from her. Unofficial income is easy to hide.

To be fair, we note that these schemes are illegal.

And what does it feel like for the employer?

The most obvious and significant advantage of the white salary is its legality. Cleanliness before the law is a guarantee good sleep entrepreneur. By choosing this path, the employer receives:

Stability.
No risks associated with violation of the law.
Unsullied.
Effectiveness of employee relations. Strict documentation of the amount of payments prevents the employee from speculating, blackmailing and setting his own conditions.

High tax burden and strict accounting reporting.
The need to follow the letter of the law and fulfill obligations to staff.
Salary - best method stimulating and influencing employees. But if it has a fixed size, there are fewer control levers.
With a limited staff, the employer has virtually no opportunity to quickly hire a new employee, say, for a temporary job.

Cleanliness before the law is the key to a peaceful sleep for an entrepreneur.

If the presence of these disadvantages becomes a decisive argument for an entrepreneur in favor of gray salaries, he should assess the emerging risks.

Risks of gray schemes

If an employer chooses a gray wage payment scheme, he constantly risks attracting unnecessary attention from inspection authorities. Although salary in an envelope is widespread, it is not difficult to identify unscrupulous organizations. This can be done in the following ways:

Unscheduled audit of tax authorities. By counting employees head by head and comparing them with documents, it is not difficult to find illegal ones.
A complaint can be made by dissatisfied employees (this is a reason not to quarrel with them) or competitors. Moreover, complaints of this kind are accepted by the labor inspectorate, the tax office, and even the prosecutor’s office and the police.

If an employer chooses a gray wage payment scheme, he constantly risks attracting unnecessary attention from inspection authorities.

Employers mistakenly believe that employees will not go to court because they will not prove anything. Proving an organization's guilt is difficult, but possible. In addition to documentation, witness testimony, newspaper advertisements, audio and video recordings will be used.

Gray wages are a serious offense and threaten the employer with serious problems, including criminal liability. The manager and chief accountant may be charged under Article 199 of the Criminal Code of the Russian Federation “Evasion of taxes and (or) fees from the organization.” This can result in penalties ranging from fines to imprisonment.

Eventually

We have reviewed a fair wage payment scheme. But not everyone recognizes its obvious advantages. Russian wages are rapidly turning gray. According to surveys, every second employer hides at least part of the payments to employees from the state. And the latter are satisfied with this. Everyone here decides for themselves. But before you make a decision, evaluate the risks and benefits.