11Apr

Hello. In this article, we will talk about whether an individual entrepreneur can apply for a consumer loan at a bank.

Today you will learn:

• What is a consumer loan;
• What package of documents does the bank request;
• Which banks best offers for IP.

Features of consumer lending

Any citizen can apply to a bank, confirm solvency and get money in debt.

consumer credit- this is the amount of money that lenders give to individuals for personal needs.

In practice, citizens seek help to:

• Buy the necessary goods: refrigerator, telephone or TV;
• : cottage, garage or add funds for ;
• Pay for higher education educational institution and special courses
• Get treated;
• Buy a ticket and have a good rest;
• Make a good repair in the apartment;
• Buy a car.

Of course, before contacting a lender, you need to weigh your financial abilities and determine how much is needed. But how much loan are banks willing to lend?

In practice, the limit consumer credit is set individually and depends on:

• The solvency of the client;
• The presence of a stable income and official work;
• Availability of collateral;
• The presence of a guarantor who will agree to cover all costs to the lender if the borrower is unable to pay.

Also, do not forget that the maximum loan amount will depend on the chosen program and the loan term.

It must be borne in mind that not only you choose a lender, but he also chooses you. Banks approach the choice of their borrowers very responsibly.

Lenders, evaluating a client, take into account:

• Solvency. This is the very first thing financial companies look, because they need guarantees that the borrower will return the borrowed funds.
• Manager rating. Oddly enough, but as soon as you contact a bank employee in order to obtain a loan, you will literally be “scanned”. The specialist will monitor your every move, evaluate your behavior and record how you answer tricky questions.
• Credit history. Today, no loan is granted without checking the credit file. The bank will carefully study the statistics of previously issued obligations and only after that will make a decision. If you have a damaged credit history, you should not count on favorable conditions and the maximum loan amount.

Can a sole trader take out a consumer loan?

Many entrepreneurs are trying to raise additional funds in order to expand. But what if it doesn't work? In such a situation, the only way out is to contact the bank for help! But are lenders ready to provide consumer loans to individual entrepreneurs? As a matter of fact, why not?

If an individual entrepreneur meets the conditions and requirements of a financial company, he can receive the necessary amount of money in debt. The only thing worth taking into account is that the conditions and requirements for an entrepreneur will differ from those for an ordinary borrower.

A consumer loan for individual entrepreneurs is a profitable tool for business development.

Lenders are ready to issue funds, the intended purpose of which will be:

• Development of own business;
• Purchase of new equipment;
• Increasing the production base;
• Modernization in order to expand the range;
• Acquisition retail space and much more.

The main thing for the lender is that the funds should be used exclusively for business development, and not for personal purposes.

Features of IP lending

It should be borne in mind that financial companies have long been providing loans for consumer needs to individual entrepreneurs. Only here the conditions for individual entrepreneurs are slightly different from the conditions for standard products intended for ordinary citizens.

Features of consumer lending for individual entrepreneurs:

1. Solvency.

If an ordinary citizen, when applying to a bank for help, can confirm income by providing a certificate of the amount wages, then the entrepreneur is much more complicated. Instead of a certificate, the entrepreneur must provide financial statements for at least the last year.

At the same time, it should be understood that there is no guarantee that in subsequent years there will be a similar profitability. Nevertheless, creditors carefully analyze all the information received, take into account other factors, and only then make a decision.

1. Credit history.

This requirement is the same for both individuals and individual entrepreneurs.

Banks are ready to meet halfway and issue a consumer if:

• The entrepreneur has no overdue payments on existing loans;
• There are no current liabilities, or the amount active loan minimal;
• The dynamics of previously repaid loans is positive;
• You are not to write off all financial debts to banks.

1. Business.

If you only received a certificate yesterday, then the financial company will most likely refuse to receive a loan. The point is that financial companies are not charitable foundations who help everyone. The bank needs guarantees that you will be able to repay the debt, including interest.

In practice, those who have been active for at least a year can receive funds for development debt. Apart from the term, creditors take note of the direction of your case. However, there are banks that are ready to provide loans to start-up entrepreneurs.

1. Collateral.

As already noted, the creditor needs guarantees that the debt will be fully repaid. Priority is given to those entrepreneurs who can pledge personal property.

Property owned by the entrepreneur is accepted as collateral:

• Flat;
• Car;
• Country house;
• Garage;
• Land plot;
• Securities.

When providing collateral, it must be understood that the amount of the loan will depend on market value pledge. You can provide the bank with an apartment and a car at once to get a larger limit.

1. Additional information.

In addition to the basic requirements, the lender will take into account:

• How taxes are paid: on time or with violations;
• Do you delay wages for your employees or do you receive payment according to the deadlines;
• Are there administrative or criminal offenses.

Types of consumer loans

Entrepreneurs can take advantage of financial offers that are valid for all citizens.

Consider all possible types:

1. Without references, or known to everyone by passport.

You can only borrow money with a passport. The entire registration procedure lasts no more than 15 minutes. It would seem a great option, but in fact, not everything is so good. The interest rate for such products is too high and the client is forced to overpay for such convenience.

1. Express loan.

This financial product is also distinguished by an overestimated interest rate and a minimum package of documents. You should not count on a large limit when choosing this product. In practice, banks lend no more than 50,000 rubles. As you understand, this is not the amount that is necessary for business development.

1. Consumer credit.

This product can be obtained only by providing all documents at the request of a loan officer. In some cases, when a large amount of money is required, it is necessary to provide collateral or attract a solvent guarantor. The rate for using borrowed funds is much lower than for other types.

Required documents for obtaining a loan

In order to apply for an IP loan, you will need:

1. The passport;
2. IP registration certificate;
3. Extract from the USRIP, received no more than 14 days at the time of application;
4. Tax return for the last year;
5. Bank statement showing all receipts and debits on the account;
6. Receipts for payment of tax contributions.

At its discretion, the creditor may request additional package documents:

1. If a guarantor is involved:

• Passport of the guarantor and the second personal document;
• A copy of the work book of the guarantor;
• Information about the amount of wages of the guarantor.

1. When the deposit is given:

• Certificate of ownership.

Only in the presence of a complete package of documents, an application for a consumer loan is filled out.

Special programs for IP

For individual entrepreneurs, banks have developed several programs at once:

1. Business start up loan. You can get such a loan under the state or municipal program. It is these programs that provide support for a young entrepreneur.

To apply for a soft loan, an entrepreneur must draw up. In addition to a business plan, you will need to find a solvent guarantor or provide collateral. You can only borrow money for 3 years.

1. Development loan. Under this product, lenders are ready to lend money to buy new equipment, purchase raw materials or increase assets. Distinctive feature this product is for its intended purpose. For each ruble spent, borrowed from a creditor, the entrepreneur must present a full report with payment receipts.

To apply for a bank loan, experienced experts advise entrepreneurs:

1. It is best to contact the bank in which you have an account to maintain entrepreneurial activity . The only thing to consider is that you must have no outstanding payments. In practice, financial companies offer existing customers preferential lending terms.
2. To secure a consumer loan, it is worth providing collateral. At the same time, it should be borne in mind that creditors themselves make an assessment and decide whether the property is suitable as collateral or not.
3. Always agree to the execution of an insurance contract. Undoubtedly, this is an overpayment, but you need to look at it from the other side. In this case, the insurance contract is a guarantee that debts will be repaid if something happens to you.
4. And, of course, it is worth presenting all the necessary documents, at the request of a bank specialist. How more documents you collect, the more profitable the financial product you can get. AT financial matters do not rush and get a loan with just two documents.

In which banks can I get a loan

There are a lot of lenders in the financial services market. Each institution offers its own conditions for IP. But how not to make a mistake and make right choice? For your convenience, we have collected offers from the best banks that have proven their stability over the years.

List of banks:

Sberbank

Especially for IP, Sberbank created a product called "Confidence". A consumer loan is provided without collateral for any needs of an entrepreneur.

To take advantage of the offer, the annual revenue must be at least 60,000,000 rubles.

VTB 24

VTB Bank offers to use a loan product, the intended use of which is business development. Collateral is required to obtain a loan.

OTP-Bank

Sovcombank

Sovcombank is one of the leaders in consumer lending. It is very easy to get a loan because the company sets minimum requirements. To apply for a loan, you only need a passport and a certificate of registration of an individual entrepreneur.

Alfa Bank

Especially for individual entrepreneurs, Alfa-Bank created the Partner program. You can get a decision in just 30 minutes. Those entrepreneurs whose activity has been carried out for at least 1 year can count on receiving a consumer loan. It is also worth considering that the guarantee of the spouse is required.

Individual Entrepreneur (IP)- registered in the manner prescribed by law and carrying out entrepreneurial activities without education legal entity.

Status of an individual entrepreneur

To acquire the status of an individual entrepreneur, a citizen must have the following general features of a subject of civil law:

Legal capacity (ability to have civil rights and take responsibility)

Legal capacity (the ability to acquire and exercise civil rights by one's actions). Only capable citizens can carry out entrepreneurial activities, that is, those who are able to independently perform legal actions, conclude transactions and execute them, acquire property and own, use and dispose of it. By general rule civil capacity arises in full from the onset of adulthood (upon reaching 18 years of age);

Have a place of residence (a place where a citizen lives permanently or predominantly).

The status of an individual entrepreneur is acquired as a result of state registration citizen as an individual entrepreneur.

Registration of an individual entrepreneur

A citizen has the right to engage in entrepreneurial activity without forming a legal entity from the moment of state registration as an individual entrepreneur, and state registration can only be carried out at the place of his official permanent registration at the place of residence.

To register an entrepreneur, you must prepare the following documents:

a copy of the passport and certificate with the TIN number;

receipt of payment of the fee;

an application for registration of an individual entrepreneur of a certain sample in two copies.

Basic rights and obligations of an individual entrepreneur

Citizens registered as individual entrepreneurs have rights and obligations.

IP rights:

Ability to choose the types of activities permitted by law.

The right to hire workers.

Freedom to choose partners and products. The entrepreneur himself determines the market segment in which he will develop his business.

The right to independently determine the cost of goods and services offered.

The individual entrepreneur himself decides how and how much to pay his employees.

The entrepreneur has the right to dispose of the profits as he pleases.

An individual entrepreneur has the right to appear in court as a plaintiff and a defendant.

Sole proprietorship is a subject commercial activities who also has certain responsibilities. Namely:

All individual entrepreneurs are required to adhere to the norms of the current legislation.

All cash transactions are documented. Such documents include, a contract for the supply of goods, etc.

To carry out licensed types of business, an entrepreneur must obtain a state permit - a certificate, patent or license.

All employees who are hired by an individual entrepreneur must be officially registered. That is, the IP concludes with a person labor contract, an agreement on the performance of specific works or other agreements. After completing the documents, the entrepreneur is obliged to make the necessary contributions to the Health Insurance Fund, Pension Fund and the Social Security Fund.

If the activity of the IP causes harm environment, he is obliged to take measures to reduce negative impacts. If a businessman cannot resolve this issue on his own, he must contact the environmental service.

The entrepreneur is obliged to pay taxes to the state treasury in a timely manner.

An individual entrepreneur is a participant in market relations who must always respect the rights of the buyer.

If, for some reason, the IP has changed data (surname, place of registration or residence, type of activity), he is obliged to notify the relevant authorities - the tax office, funds and other institutions.

IP taxes and fees

An individual entrepreneur is obliged to pay a fixed payment to social funds, regardless of income.

There are four taxation systems:

Ordinary system of taxation (OSNO);

Simplified taxation system (USNO);

Single tax on imputed income (UTII);

Patent taxation system (PSN).

Advantages and disadvantages of IP status

The status of an individual entrepreneur has the following advantages compared to registering your own enterprise:

simplification of the processes of creating and liquidating a business;

free use of own proceeds;

Individual entrepreneur (IP): details for an accountant

• On the impact of the OKVED codes declared in the USRIP on the tax and legal qualification of the activities of an individual entrepreneur

  Entrepreneurial activity. On the contrary, if an individual entrepreneur carries out activities outside the scope of types ... information about an individual entrepreneur contained in the Unified State Register of Individual Entrepreneurs. Non-submission (... the totality of the above norms implies that an individual entrepreneur initially has a common (universal) ... 1. The nature of the operation. For example, an individual entrepreneur carries out retail food items...

• The Supreme Court supported individual entrepreneurs - "simplifiers"

  How to calculate insurance premiums individual entrepreneurs in 2017? Individual entrepreneurs using the USNO with ... are distributed. The revolutionary decision of the Armed Forces of the Russian Federation An individual entrepreneur applying the simplified taxation system with an object ... to the court of first instance. The position of an individual entrepreneur. The sole proprietor argues that it is unlawful to calculate ... the contributions payable by the sole proprietor for himself. But an individual entrepreneur turned to the RF Armed Forces ...

• The Supreme Court on the limitation on the value of fixed assets when individual entrepreneurs apply the USN

  Exceeded by an individual entrepreneur during the reporting (tax) period, such an individual entrepreneur according to ... determination of the residual value of fixed assets individual entrepreneurs produced according to the rules established by ... accounting” is not applicable to individual entrepreneurs. Firstly, individual entrepreneurs applying the simplified tax system, on ... the basis of the implementation of entrepreneurial activities by individual entrepreneurs and organizations, manifest themselves and ...

• Individual entrepreneurs - "simplifiers" and courts against the FIU

  Year. This case affects all individual entrepreneurs applying the simplified taxation system, since it is fundamentally ... compulsory pension insurance payable by an individual entrepreneur who pays personal income tax and does not produce ... paid for compulsory pension insurance by individual entrepreneurs for themselves, the base must be calculated ... insurance premiums paid to the FIU. Individual entrepreneurs applying the simplified taxation system with the object of taxation ...

• Cost criterion for depreciable property of individual entrepreneurs applying the general taxation system

  The cost criterion for the depreciable property of individual entrepreneurs applying the general taxation system ... the cost criterion for the depreciable property of individual entrepreneurs applying the general taxation system ... b) the property must be directly used by the individual entrepreneur to carry out entrepreneurial activities; in ... the element of taxation - the procedure for calculating income tax by individual entrepreneurs - are subject to ...

• Difficulties of choice: individual entrepreneur or LLC? (Part 1)

  Most cases. Initially, it seems that it is indeed easier to be an individual entrepreneur. Legal ... in any form regulated by law. It is not at all necessary for an individual entrepreneur to open a separate ... implying the distribution of certain standards for individual entrepreneurs. Continuation

• Participation of individuals without the status of an individual entrepreneur in the procurement of budgetary institutions

  Not only legal entities and individual entrepreneurs (IP), but also individuals ... concluding a contract with an individual, except for an individual entrepreneur or another engaged in private practice ... The named individuals do not have the status of an individual entrepreneur, but in accordance with the tax ... contracts with a legal entity or an individual entrepreneur. However, as mentioned above...

• VAT in 2018: clarifications from the Ministry of Finance of Russia

  Federation of goods by bodies, organizations or individual entrepreneurs authorized to carry out such implementation, ... established organizations or newly registered individual entrepreneurs, within a given three-month period ... to the state, provided by a foreign person to a Russian individual entrepreneur, the territory is recognized Russian Federation... texts provided by foreign organizations to a Russian individual entrepreneur, then, since the place of sale ...

• The use of cash registers when selling products in rural areas

  Patronymic - for an individual entrepreneur; taxpayer identification number assigned to the organization (individual entrepreneur) that issued (issued) the document ... -FZ. According to it, individual entrepreneurs using PSNO, with the exception of individual entrepreneurs engaged in types of entrepreneurial ... sale without forming a legal entity, individual entrepreneurs recognized as agricultural producers). Retail...

• Introducing a new personal income tax reporting form: 3-personal income tax

  Categories of taxpayers, including individual entrepreneurs, lawyers, notaries, other persons, ... number of lines 051 and 052. Individual entrepreneurs. Individual entrepreneurs are required to submit tax return according to... payment documents) The tax return is filled in by individual entrepreneurs based on the data of the accounting book... year - taxpayers, including individual entrepreneurs applying common mode taxation should...

• Review of letters from the Ministry of Finance of the Russian Federation for October 2018

  Federation of goods by bodies, organizations or individual entrepreneurs authorized to carry out such sale, tax ... by a person of entrepreneurial activity as an individual entrepreneur, a real estate object that remains in ... under a donation agreement, then the transfer by an individual entrepreneur recognized as a VAT taxpayer of the said property. .. do not apply to organizations and individual entrepreneurs trading in excisable goods. AT...

• The Federal Tax Service recognized: the codes indicated by the individual entrepreneur in the USRIP do not matter in taxation

  The moment of state registration as an individual entrepreneur. The state registration of an individual entrepreneur is regulated by the Federal Law ... When registering as an individual entrepreneur, the taxpayer independently indicates the types economic activity... (not only organizations) that makes payments to an individual entrepreneur. He needs to track (apparently ... and the preparation of statistical information. This means that an individual entrepreneur has the right to engage in any type of activity ...

• Review of letters from the Ministry of Finance of the Russian Federation for December 2018

  The activities of an individual as an individual entrepreneur are calculated, withheld and listed in ... Article 420 of the Tax Code of the Russian Federation), and an individual entrepreneur engaged in entrepreneurial activities, who is obliged ... to whether they are individual entrepreneurs or not. Payment by the individual entrepreneur of insurance premiums is carried out ... premises, dachas, land plots, owned by an individual entrepreneur on the right of ownership, is valid only ...

• The use of cash registers in settlements with employees

  The organization itself or the individual entrepreneur. When an organization or an individual entrepreneur makes a payment to an individual ... CCP is used exclusively by organizations and individual entrepreneurs. It follows that the physical ... Therefore, when an organization or an individual entrepreneur pays a monetary remuneration to an individual ..., that when an organization (individual entrepreneur) makes payments Money an individual...

• Application of the simplified tax system: norms and their practical implementation

  And also for those individual entrepreneurs and organizations that comply with ..., as well as for those individual entrepreneurs and organizations that comply with ... valuable papers, pawnshops, organizations and individual entrepreneurs engaged in the production of excisable goods ... have the right to apply the simplified taxation system to organizations and individual entrepreneurs whose average number of employees ... organization or place of residence of an individual entrepreneur no later than December 31 ...

Individual entrepreneurship is an institution created for doing business by individuals without forming a legal entity. An individual, becoming an individual entrepreneur, works for himself and for himself. But is it possible to open an individual entrepreneur if officially employed?

Who can become an IP?

First, let's figure out who can become an IP?

The citizenship of the future businessman does not matter. This means that both foreign citizens and stateless persons can be registered as individual entrepreneurs in Russia. But these persons must meet the stipulated requirements. Entrepreneur, leading individual activity, can be:

• a capable citizen who has reached the age of 18 (or earlier, from the age of 16, who received full legal capacity by a court decision, or from the age of 14 - with the permission of the parents);
• having a place of residence in the Russian Federation, confirmed by registration;
• not conducting activities in which entrepreneurship is prohibited (such cases are described below).

Who can't become an IP?

You can not combine entrepreneurial activities:

• notaries;
• municipal and state employees;
• military personnel;
• prosecutors and security officials.

The ban on conducting business activities for these persons is expressly provided for by law.

Can lawyers become IP?

There is no norm in the legislation that directly prohibits lawyers from carrying out entrepreneurial activities in addition to their legal practice. But the law has a list of areas that lawyers can deal with. For example, a lawyer has the right to combine advocacy with work as the head of a legal education. And among these occupations there is no entrepreneurial activity. This gave rise to government agencies take a position according to which lawyers cannot be registered as individual entrepreneurs (Letter of the Ministry of Finance of the Russian Federation dated May 20, 2013 N 03-11-11 / 17741).

Well, the code professional ethics of a lawyer also prohibits lawyers from engaging in any other paid activity in the form of participation in the process of providing services, performing work or selling goods.

Can a working person open an IP?

The legislation does not prohibit employees from running their own business at the same time. That's why individual, working on employment contract, can simultaneously conduct their individual business by registering as an individual entrepreneur.

Sometimes people applying for a job may face a ban from the employer to also conduct entrepreneurial activities. Such a ban is valid only if the employer does not allow business in working time. In the rest of the time, free from work, an individual is not subordinate to the employer, therefore he has the right to do his own business.

Can an individual entrepreneur be a director?

The employer has the right to use the labor of his employees as efficiently as possible. Therefore, as noted above, the employer has the right to prohibit his employees during working hours from engaging in another type of activity other than directly performing assigned duties.

The director reports to the founders of the company (constituent body). And the founders have the right to restrict the activities of the director and not allow him to conduct his business during working hours. In addition, being the founders of their company, they, determining the policy and concept of the company's business, have the right to prohibit the director from entering into transactions on behalf of the company with the individual entrepreneur, which he is.

How to apply for an IP, working officially?

Working under an employment contract, an individual has the right to apply to the tax office to register him as an individual entrepreneur. The procedure for employed persons is similar to the procedure for non-employed persons. There are no special features in the registration.

The registration algorithm is as follows:

• choice of business (type of activity);
• the choice of the taxation system that will be most beneficial;
• collect all the necessary documents, including filling out an application for registration;
• pay the state duty;
• contact the tax authority at your place of residence;
• receive a document that confirms the status of IP.

Many people have thoughts about additional earnings, although there is a permanent place of work. Often, this is done by opening a business. But in order not to break the law, entrepreneurial activity must be registered. One option is to apply for an IP. Such people are interested in whether it is possible to open an individual entrepreneur if he is officially employed. There are some restrictions in this case.

Restrictions

To answer the question of whether it is possible to open an individual entrepreneur if officially employed, one should be guided by the norms of the law. An individual entrepreneur, in comparison with an LLC or OJSC, is not a legal form. This is the status of an individual. And he has the same rights to employment regardless of whether he is a business or not.

There are several conditions for registering an IP:

• age from 18 years;
• legal capacity;
• Russian citizenship;
• no business restrictions.

Given these requirements, is it possible to open an individual entrepreneur if officially employed? Employment obligations cannot be an obstacle to registering a business.

Who is prohibited from opening an IP?

But working citizens have limitations in the possibility of registering entrepreneurship. It is related to the profession or position. It is impossible to open a business for those who serve the state. These include:

• military personnel;
• employees of the Ministry of Internal Affairs;
• officials;
• deputies of the State Duma and the Federal Assembly;
• heads of municipal organizations.

Is it possible to open an individual entrepreneur if you already officially work as a lawyer or notary? The people of these processions are also prohibited from founding a business. The reason for the restrictions is due to excessive employment. Employees who are supported by the state, and also represent its interests, should not be distracted by entrepreneurial activities.

After all, then the main duties may not be carried out quite qualitatively. In addition, simultaneous work in government and doing business can encourage lobbying, and this is considered a violation of the law. There are also restrictions in cases where a working person is going to register an entrepreneurship, and also in the opposite case: before deregistration of an individual entrepreneur, you cannot get a certain position.

Can employees of a budgetary or state organization issue an IP?

Not in all cases, employees of municipal and state enterprises have the status of civil servants. In these organizations, there is a division into civil servants and employees. The category can be found in the employment contract.

The list of positions that have a special status is created by a Presidential Decree. Special cases are recorded in normative documents. Therefore, in order to avoid problems, you need to ask your employer if it is possible to open an individual entrepreneur if you are officially employed in your position?

After all, people of many professions can be considered civil servants. Is it possible to open an individual entrepreneur if officially employed as a teacher? These employees are allowed to conduct private activities in the form of tutoring. And the chief physician of a non-private hospital cannot be engaged in business, since he represents the state in the field of healthcare. Is it possible to open an individual entrepreneur if officially employed at Russian Railways? These employees can start a business.

Does IP affect labor relations?

If we take into account the norms of the law, then there should not be any difficulties in organizing a business with official employment. But what kind of relationship a particular employee and his employer will have depends on them.

Is it possible to open an individual entrepreneur if officially employed in a bank? Since the employees of this organization are not civil servants, entrepreneurial activities are available to them. Before issuing an IP, it is necessary to assess the strengths and capabilities. It takes time to do business, as this is the work itself, as well as reporting to regulatory authorities. In case of late submission required documents the tax, pension, insurance funds will have to pay fines.

You can't be an entrepreneur just occasionally. The obligations that an individual entrepreneur must fulfill continue throughout his work. And they end only with deregistration. Due to additional employment, the quality of work at the main place should not suffer.

If the employer makes high demands on the employee, having learned about the registration of the IP, the employee has the right to complain to labor inspection. Running your own business does not change the obligations of the employer. The institution also performs tax and contribution deductions, provides paid vacation and sick leave.

The employee must also pay taxes on individual entrepreneurs, as well as make payments to the Pension Fund and the Social Insurance Fund. Is it possible to open an individual entrepreneur if officially employed by Russian Railways? Since the employees in this organization are not civil servants, therefore they are allowed to do business.

It is not necessary to inform managers about the start of entrepreneurship, since there are no such requirements in the law. You can find out about a person’s registration using a request for an extract from the USRIP to the Federal Tax Service or through advertising.

Labor contract

Citizens who are individual entrepreneurs, like other individuals, can be hired, work under a contract. Employment history will not include information about entrepreneurship, so information about the main job is included in it.

There are situations when relations between an individual entrepreneur and a company appear as a customer and a contractor. Then the drafting of an employment contract is not required, but a civil law agreement is drawn up. Payment is made according to the act of work performed. This option is possible only with bilateral consent.

Combination

IP must be registered. This procedure is the same for everyone. You need to choose the area, the taxation system, as well as prepare the documents:

1. The passport.
2. Application for registration in Single register in the form P21001.
3. Confirmation of payment of state duty.
4. Application for a simplified taxation system (2 copies).

These areas have OKVED codes to be included in the application. In each activity, you can use a simplified system, and then you will need UTII. It assumes 2 options for taxation: a contribution of 6% of income and 15% of profits. If the business turnover is small, choose 6%.

Documentation is provided to the FTS. After 3 days, a certificate of IP and an extract from the USRIP are issued. Information is sent to the funds, where it will be issued registration number. After that, legal business begins.

When is clearance required?

There are cases when business registration is mandatory:

1. To conduct business, you need a patent or license;
2. To perform transactions through the account.
3. To attract customers, you need active advertising.

Opening a business under the laws of the Russian Federation requires mandatory registration. And to combine it with official work or not depends on the person himself. It is necessary to calculate whether there will be enough time for both activities. It is also important that it is profitable.

The most common reason for tax officials to refuse to register a new individual entrepreneur is an incorrectly completed or incomplete one. But there are also more compelling reasons for rejection that cannot be overcome by simply rewriting the data to blank blank. A novice businessman, before starting his own business, should find out if he is one of those who, for whatever reason, cannot register an individual entrepreneur.

According to the legislation of the Russian Federation, any capable citizen has the right to become an individual entrepreneur. From the point of view of civil legal relations, legal capacity comes from the moment of majority (from the age of 18), and may also appear ahead of schedule for the following reasons:

1. who has entered into a legal marriage is considered fully capable. The age that gives the right to register family relations is 16 years.
2. The emancipation of a citizen also begins at the age of sixteen, if the minor works under an employment contract with the permission of his legal representative.
3. The notarized consent of the parents of a minor allows him to engage in entrepreneurial activities from the age of 14. In this case, the parents assume property responsibility for the work of their offspring as an individual entrepreneur.

From the age of eighteen, persons with limited legal capacity may also register their business, if the trustee gives permission to do so.

Does this mean that anyone can become a businessman? The legislation states that there are a number of persons who cannot register as an individual entrepreneur: in some cases, the right of citizens to conduct entrepreneurial activities is limited.

Who can not apply for IP and why?

Law No. 129-FZ « On the State Registration of Legal Entities and Individual Entrepreneurs” dated August 8, 2001, provides for a ban on registration of IP, relating primarily to those individuals who have previously received the status of an entrepreneur.

Re-registration

The first of these restrictions: a citizen already registered as an individual entrepreneur cannot apply for registration of a new business in the same status. The possibility of re-registration of an existing IP is excluded, since its data is recorded and then checked against the database state register individual entrepreneurs, unified for all regions (EGRIP).

All necessary changes by type of activity, personal and passport data are made in accordance with the established procedure in current documents. Or this is done by closing the old and opening a new individual entrepreneur - the law does not prohibit voluntarily terminating business activities by deregistering, and then re-submitting documents for registration at any time.

Restrictions imposed by the court

List of grounds for persons who cannot be issued IP by court , contains int. 22.1, paragraph 4 of the Federal Law No. 129.

A potential businessman is denied registration of an individual entrepreneur if the following unpleasant facts are revealed during the consideration of documents:

• the applicant is deprived of the right to engage in entrepreneurship by a court decision;
• the applicant, being an entrepreneur, was forced to stop his activities by a court verdict, and from that moment 1 year has not passed;
• an individual in the status of an individual entrepreneur was declared bankrupt less than a year ago as an insolvent debtor unable to pay creditors.

These obstacles are of a temporary nature and are canceled with the expiration of the applicant's sentence.

Restrictions on types of activities when registering IP

IP is a business unit that is limited in the choice of activities. An entrepreneur has the right to engage not in any business, but only in what he is allowed to do as an individual small business entity. So, for example, he can open a cafe, but he has the right to sell strong drinks in this cafe only as a legal entity. In this case, the very intention to sell alcohol is a direct obstacle to registering an individual entrepreneur.

Types of activities closed to individual entrepreneurs

Choosing as a form of implementation economic activity Individual entrepreneurs, it should be remembered that there are types of services and goods, the production and sale of which is not available for entrepreneurs without forming a legal entity. The list of areas closed to them includes:

• trade and production of alcohol;
• everything related to the development, construction, maintenance, disposal and sale of aviation and military equipment, weapons, ammunition, explosives, pyrotechnics;
• private security companies;
• services for foreign employment of citizens;
• work of investment funds, mutual funds and private pension funds;
• production and sale of medicinal and narcotic drugs;
• air transportation;
• space industry.

If one of these areas falls into the sphere of interests of the future businessman, it will be impossible to register an individual entrepreneur with the listed types of activities, or to add them to the list later.

Registration of individual entrepreneurs and the Criminal Code

When registering an individual entrepreneur, there are a number of restrictions that apply to persons who fall under the sanctions of the Criminal Code. This is a conviction and criminal prosecution under the following articles:

• Art. 105 - 125 - crimes against health and life (deliberate murder, causing death by negligence, harm to health, beatings, threats and other criminal acts);
• Art. 126 - 127 (kidnapping, human trafficking);
• Art. 131 - 135 (actions related to sexual violence and coercion, also in relation to minors);
• Art. 150 - 157 (criminal acts against children and disabled parents);
• Art. 228 - 233 (participation in illegal drug trafficking);
• Art. 234 - 248 (illegal engagement in activities endangering the life and health of the population);
• Art. 239 - 245 (crimes against morality);
• Art. 275 - 284 ( state crimes, extremism);
• Art. 205 - 227 (terrorism, arms trafficking, breach of public safety).

Restrictions on registration of individual entrepreneurs by applicants with a criminal present and past, with the exception of cases of complete rehabilitation, consist in a ban on engaging in certain types of activities. These include:

• organization of youth and children's camps;
• any kind of preschool, school and additional education children;
• all kinds vocational training and preparation of applicants for them;
• activities of medical and sanatorium institutions, medical practice;
• social services;
• any activity in the field of arts and entertainment;
• work of institutions of culture and sports.

If the application for registration of IP contains OKVED codes corresponding to the listed types of activities, tax office makes a request to the Ministry of Internal Affairs about the absence of a criminal record of a potential businessman.