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Is it possible to open an individual entrepreneur by temporary registration and how to do it. Is it possible to open an IP not at the place of registration

Decided to legally develop software, sell clothes, take pictures, cut hair? Open IP. If you are a citizen of Russia with a permanent residence permit, there are no problems in registration at all. But what if you do not have a residence permit or you are a foreigner? In this case, certain difficulties await you, which, however, are quite surmountable.

Is it possible to become an entrepreneur without a permanent residence permit?

Federal Law No. 129-F3 of August 8, 2001 “On State Registration of Legal Entities and Individual Entrepreneurs” states that in order to register an individual entrepreneur, you must confirm the place of residence of an individual. Are you opening a furniture store in Moscow, do you permanently reside and are registered in Moscow? No problem. Let's find out what to do in other cases:

Your registration and the city where you plan to do business are different. For example, they are registered in Kaliningrad, and you open a cafe in St. Petersburg.
There is only temporary registration. You live with your aunt in Moscow and are registered with her temporarily.
You have a residence permit. You have the right to reside in Russia from three to five years.

What is a place of residence according to the law

According to the aforementioned law, the address of the place of residence is a permanent registration, that is, a propiska. Temporary registration is the place of stay. For example, they changed their place of work, moved to another city, temporarily registered their place of residence there. If you have both permanent and temporary registration, then the new business will be registered with a permanent residence permit.

List of real estate that acts as a place of residence:

apartment / house;
residential premises for official purposes;
other living quarters.

To confirm the place of residence, it is enough to be either the owner of the property or the tenant. In the latter case, a rental agreement must be concluded.

My address is not a house or a street

How to register a business outside of registration

You can open an individual entrepreneur in the tax service only at the place of residence. Fortunately, we live in the era of Internet development, and if you do not want or cannot come to the tax authority of your city, use the online business registration services using a digital signature. To do this, register on the website of the Federal Tax Service. Then fill out an application for individual entrepreneurs.

Enter all required information. When filling out the application, you can choose the method of delivery of documents that is convenient for you, as well as pay the state fee for registering an individual as an individual entrepreneur: electronically or in cash at a branch of Sberbank.

If you successfully complete the application, you will receive an invitation from the tax office in three days. You will need to take a copy and original of your passport with you, a receipt for payment of state duty and, if necessary, an application for switching to a simplified taxation system.

It is allowed to conduct business activities not only in the hometown, but also wherever it pleases, throughout the country. Most importantly, do not forget to report on income at the place of business registration on time.

Registered Russians can conduct business throughout the country: the main thing is to pay taxes on time and submit declarations

Is it possible to open a business if you live and are registered with your aunt or uncle

Living away is not easy. But if there are no other options, but you want to open a stall, then register an individual entrepreneur with the tax authority of the city where you temporarily rent housing or live with relatives. And the business will also be considered temporary. While you live at the place of registration of the stall, you can sell ice cream or something else. As soon as the registration period expires, you will have to stop doing business.

Here's what you need to do to open a treasured project if there is no residence permit:

Show your passport to prove to the tax officer that you do not have a permanent residence permit.
Present a document confirming that you have a place to live legally for the next six months. There is a chance that they will issue an IP with a registration period that expires (two to three months). But remember, the term of registration is equal to the life of the business.
Tell the landlord where you are temporarily residing that you are going to provide his address during business registration. It is not necessary to do this, but it is worth informing in order to avoid misunderstandings in the future (for example, if any business correspondence for you will be sent to his postal address). Explain to the homeowner that he is not liable to the state.
Collect documents for registration of IP:

Form P21001 (application).
Payment of duty (cheque).
The passport.
Certificate of temporary registration (copy).
Identification tax number (copy).
Application for transfer to the preferred tax payment scheme.

If another person submits documents instead of you, then issue a power of attorney for him, and also notarize the application and a copy of the passport. If you send documents by mail, send them by valuable letter.

Temporary registration also gives the right to do business in Russia

How to become a businessman in Russia for a foreigner

If you are a foreigner and legally reside in Russia, then you can register an individual entrepreneur at the address specified in the residence permit or temporary residence permit. If you do not have a residence permit or a temporary residence permit, you will be denied registration of a sole trader.

The procedure for registering a business for foreigners is no different from that established for Russians. Like a Russian citizen, a foreigner should contact the tax office at the place of residence and provide a package of documents listed above. Documents in a foreign language must be translated into Russian, and the translation must be certified by a notary. In addition, you need to get a work permit. Since 2015, foreigners from "visa-free countries" receive patents, and citizens of other "visa-free" countries receive work permits.

After the expiration of the period of legal stay in the country, the period of validity of the IP registration also ends.

Foreigners can freely open an IP in Russia if they legally reside here

Video: step by step instructions for opening an IP

You understand the basic aspects of starting your own business. There is a short list of required documents. Check with the regulations or the tax office of your city for details. Go ahead - opening an IP is not so difficult.

Individual entrepreneurs in Russia are registered at the place of residence, this is a requirement of Law No. 129 “On State Registration”. But what about those who want to open an IP if it is registered somewhere in Tyumen, and plans to start a business in Moscow? Is it possible to open an individual entrepreneur by temporary registration? And how do foreign citizens solve this issue? After all, the latter are also entitled to register individual entrepreneurs and LLCs in our country.

What does the law mean by the place of residence of an individual entrepreneur

An individual entrepreneur is an individual, therefore, for the concept of his place of residence, we turn to the Civil Code. The Civil Code of the Russian Federation in Article 20 gives the following answer to this question: this is a dwelling where a person is constantly or usually located, acting as an owner, tenant, or having other legal grounds.

Of course, no one obliges an individual to permanently stay at the address indicated in the registration stamp. At the same time, no one will dispute the logic of the fact that registration is the official confirmation of a person's location. Thus, it is assumed that a potential IP is somehow available at the address of permanent registration, first of all, for official bodies.

Where is an individual entrepreneur registered if he has a permanent and temporary registration

If there is a permanent residence permit, a temporary IP registration does not matter. According to the tax authorities, the stamp in the passport is a priori more significant than the certificate of temporary registration. Waving documents, proving the legitimacy of living in another city, is useless. It will be necessary to issue an IP at the IFTS at the place of residence, even if this inspection is located far away.

It is not necessary to go there in person, you can also submit documents for registration of an individual entrepreneur remotely - send a representative with a power of attorney to the IFTS or send a package of documents with a list of attachments by mail. True, in this case, you will have to certify the application P21001 with a notary.

An even simpler way is to register an IP using an electronic digital signature. You need to apply to the appropriate company in your city, get an EDS and send documents electronically, later you will receive an electronic container of documents that can already be used to open a bank account. The originals will be sent to you by mail. We have partners providing this service in Moscow on a turnkey basis.

In case of successful registration, the entrepreneur has every right to conduct business wherever he pleases - from Kaliningrad to Vladivostok.

If an individual entrepreneur has not changed the general taxation system or simplified taxation to UTII or PSN, then he will have to report to the same tax office where the business was registered. The entrepreneur will be registered with the PFR and FSS funds at the place of registration, regardless of the tax regime.

In the case when registration of an individual entrepreneur in another region is needed at all costs, you can sign out from the permanent address of the place of residence, and thereby get rid of being tied to an unwanted inspection.

Is it possible to register an individual entrepreneur by temporary registration if there is no permanent one

Without a stamp in the passport indicating a permanent place of residence, it is allowed to register an individual entrepreneur in the inspectorate in charge of the address where the individual temporarily resides. Registration of IP in this case is also temporary. At the same time, it is possible to work throughout the territory of the Russian Federation, as in the case of having a permanent residence permit, but to submit tax returns - only in your inspection, which gave the individual the status of an individual entrepreneur. Exceptions apply to the same regimes: a single tax on imputed income (UTII) and the cost of a patent (PSN) are paid at the place of business.

To open an individual entrepreneur without a residence permit - at a temporary registration address - three conditions must be met:

1. Prove that there is no permanent residence permit. To do this, it is enough to present a passport without an appropriate stamp.

2. Have a certificate of temporary registration valid for at least six months from the date of submission of documents for registration of IP. Such a certificate must be issued in accordance with articles of the Civil Code of the Russian Federation (680th and 685th).

The tax office can open an individual entrepreneur on temporary registration and for up to six months, but having received this status on a temporary residence permit, which expires in two to three months, you should not be surprised that after that you will be removed from the tax register. In addition, with such a short term of temporary registration, there is a risk of being denied state registration. We recommend that you clarify the minimum duration of temporary residence permit for registering an individual entrepreneur with the tax office.

It is not necessary to inform the homeowner (if you live in rented housing in another region) of your intention to use the address for registering an IP, since this fact does not have any legal consequences for him in the future.

3. Submit to the tax officer a complete package of documents, without which the registration of an individual entrepreneur will not take place:

Application form P21001. In the “Place of residence” section, indicate the address of temporary registration.
Receipt for payment of state duty. The future individual entrepreneur must pay the state 800 rubles. It is important that the name of the applicant, and not another person, appear on the receipt.
Copy of ID. Usually in its role is a passport - Russian or another state.
Copy of TIN.
A copy of the temporary registration certificate.
Application for the transition to the simplified tax system, if the individual entrepreneur immediately decided that he would pay taxes under this system.

If the documents are not submitted by the entrepreneur himself, then the application and a copy of the passport must be certified by a notary and a power of attorney for the submission of documents must be prepared.

Is it possible to register an individual entrepreneur under temporary registration for a foreign citizen

Can. In accordance with Law No. 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation", foreigners legally residing in Russia have the same rights and obligations as Russians, with some exceptions.

By definition, a foreigner cannot have a permanent residence permit in Russia, at least until he receives Russian citizenship. Temporary registration for him is understood as the address indicated in the residence permit or temporary residence permit. Foreigners, stateless persons and refugees work in the status of individual entrepreneurs as long as they stay in the country legally. The period of validity of temporary registration in Russia is expiring - the period of registration of an individual entrepreneur is also expiring.

As for, it practically does not differ from the same for the Russians. True, all the necessary documents in a foreign language will have to be accompanied by a notarized translation into Russian.

Quite often, future businessmen have a question about whether it is possible to register as an individual entrepreneur not at the place of permanent registration. The law gives an unequivocal answer - no.

In accordance with Federal Law 129, an application for registration must be submitted to the tax office at the place of permanent residence of the applicant. However, there are some reservations and exceptions in the normative legal act. Using precisely these "loopholes", you can register with the tax service as an individual entrepreneur in fact at the place of residence.

What is the importance of the address for starting a business?

Why is the legislator so fundamentally concerned with the address of the permanent residence of the future businessman? This feature is explained by the specific legal status of IP. In fact, a businessman retains his status as an individual, he does not have a legal address. Registration at the place of permanent residence allows you to prevent problems with the search for "lost" entrepreneurs. Documents related to its activities are sent by state bodies to the place of its permanent registration.

To register an individual entrepreneur, the applicant must submit a package of documents to the tax service. The place of permanent registration is determined based on the information specified in the passport of a citizen of the Russian Federation. He must indicate it in the application for registration. By the way, it is the order of the Federal Tax Service, which regulates the procedure for issuing this document, additionally emphasizes that in the column "place of residence" the address should be indicated, which is the place of permanent residence of the applicant.

In Federal Law No. 129, in the list of documents provided by an individual entrepreneur during registration, there is a copy or original of the act confirming the address of the applicant's place of residence.

This is permissible and necessary only if the passport or other identity document does not contain information about such an address. In other words, only those citizens who do not have permanent registration at all can register as an individual entrepreneur at the place of their actual location.

However, the law does not limit entrepreneurs in the ability to conduct their business throughout the country. It should only be remembered that when arriving in a new city, an individual entrepreneur must, as an individual, issue a temporary registration. However, this will not affect his obligation to pay tax and insurance payments at the place of permanent residence.

Legal entities are subject to different rules. The legislator is loyal to the place of registration of their founders. Thus, you can open an LLC anywhere, regardless of the stamp in your passport.

IP registration outside the place of registration: problems and solutions

So, in order to register an individual entrepreneur, you must contact the tax office at the place of permanent registration. Ideally, you need to go to your locality and go through the registration procedure. However, this is not always possible in practice. There is a solution.

In accordance with Federal Law No. 129, which regulates the procedure for registering an individual entrepreneur, documents can be sent to the tax service by mail.

The procedure in this case is as follows:

We form a package of documents for registration of IP.
At the nearest post office, we send documents by registered mail with a description of the attachment.

The completed certificate of registration will be sent to the applicant in the same way. This problem occurs with most start-up entrepreneurs. However, there are other situations, for example, if a person has a temporary registration, and also does not have it at all.

If officially resides in another city

The fact of official residence in another city is confirmed by temporary registration. In accordance with the current legislation, a citizen is obliged to register within 7 days from the date of arrival at a new place of residence. The presence of temporary registration is a prerequisite, its absence entails the imposition of a fine on the offender.

The legislator does not give such an opportunity, emphasizing that it is possible to obtain the status of an entrepreneur only at the place of permanent registration. In this situation, you can either send documents by mail (as in the example discussed above), or write a power of attorney for another person. The possibility of registering an individual entrepreneur through a representative is allowed by the legislator.

If this option suits you, then you need to follow these steps:

write a power of attorney for a representative;
contact a notary public for its certification;
send a power of attorney and a package of documents for registration to a representative by mail.

Then the trustee must apply to the tax office at the place of registration of the applicant. Through 5 working days he will receive a ready-made certificate, which must also be mailed to the newly minted businessman.

If there is no person at the former place of residence who could perform these actions, then you can resort to the help of legal experts. In each locality there are many law firms that will perform all the necessary operations. The cost of their services, first of all, will depend on the particular subject of the Russian Federation in which they operate. So, traditionally in the capital, the price for registering an individual entrepreneur is much higher than in the regions.

No registration at all

In accordance with the current legislation, only in one case can a citizen of the Russian Federation register at the place of temporary residence - when he does not have a permanent residence permit. Simply put, there is no stamp in the passport about registration. Is it possible?

Of course, the Constitution of the Russian Federation proclaims the right to freedom of movement and choice of place of residence. At the same time, the law in 2018 obliges a citizen to register for registration within 7 days from the moment of arrival at a new place of residence. This period is not counted from the moment when the person's registration record was eliminated. This period is taken into account from the day of arrival at a new place.

So, if there is no registration at all, you need to take the following actions:

Get temporary registration. In the absence of both permanent and temporary registration, a person will not be able to register as an individual entrepreneur. That is why the process should begin with a visit to the FMS. In order to obtain temporary registration, a person must submit an application to the competent authority, as well as a document confirming the consent of the owner of the apartment or house to carry out these procedures.

After the certificate is received, the collection of documents for registration of IP begins. The applicant is obliged to submit a passport or other identity document, a receipt for payment of the state fee, an application. In addition, he needs to transfer a copy or original of the document, which contains information about the address of the applicant's place of residence.

Payment of taxes and fees in this case

In the event that an individual entrepreneur operates outside the place of permanent registration, special situations arise when paying taxes and fees. Much depends on the chosen system of taxation.

For example, an entrepreneur who has given preference to the simplified tax system must register for tax purposes at the place of permanent registration. The fact of carrying out activities in another locality does not matter.

The individual entrepreneur will submit tax reports and pay mandatory payments at the place of permanent registration.

In practice, this is not difficult to do.

The legislator makes it possible to transfer tax reporting in the following ways:

send by registered mail with a description of the attachment;
transfer to the tax service at the place of permanent registration through a representative acting on the basis of a power of attorney;
send in electronic form.

Thus, there is no need to personally visit the tax office. You can also make tax payments in any subject of the Russian Federation. The main thing is to get the right details.

Currently, there are regional laws that ease the tax burden of entrepreneurs. At the level of the subject, a regulatory legal act can be adopted to reduce the tax rate to 5% - for the object "income minus expenses" and up to 1% — for the “income” object (effective from January 1, 2018).

What laws in this case will be valid for IP? Only those that operate in the region where it is officially registered. Thus, a situation is possible when reduced interest rates do not apply to the subject of the Russian Federation, where the businessman actually operates, but he has the right to use them, since the relevant law has been adopted at the place of his registration.

A different procedure will apply if the individual entrepreneur has chosen UTII. This system of taxation provides for the obligation of the entrepreneur to register with the tax service at the place of actual implementation of activities. Accordingly, he will submit reports and pay taxes to the same authorized body.

If an individual entrepreneur is on UTII, then he must register with the tax service at the location of the business object, for example, a store. An entrepreneur must submit an application in the form of UTII 2 to the competent authority within 5 days from the date of the full functioning of the business.

The legislator makes an exception if the individual entrepreneur carries out retail or delivery trade. It does not matter in which region he is engaged in this activity, the UTII payer must register at the place of residence.

PSN involves the acquisition of a patent in the region in which the entrepreneur plans to do business.

That is, an individual entrepreneur must submit two statements to the tax service at the place of actual implementation of activities:

on registration;
for a patent.

The patent has a limited scope. It will be considered authentic only on the territory of the subject of the Russian Federation where it was purchased. A tax declaration is not provided when carrying out activities under a patent.

According to the OSNO, absolutely all tax reporting is submitted to the tax service at the place of permanent registration of the IP. Taxes are paid in the same manner. Registration of KKM in accordance with the current tax legislation is carried out at the place of registration of the entrepreneur himself.

An individual entrepreneur must pay insurance premiums to the PFR and FFOMS at the place of his permanent registration. The same rule applies to the payment of these payments for employees. Moreover, the fact that IP employees live in another region does not matter. An entrepreneur pays insurance premiums and personal income tax for employees at the place of his registration.

ipopen.ru

Is it possible to register an individual entrepreneur at the place of temporary registration?

Temporary registration is the address of the place of residence of an individual, which differs from the place of residence registered in the passport. Russian citizens are required to undergo temporary registration if they plan to reside in a settlement on the territory of the Russian Federation where they are not registered for more than 90 days. This obligation is established by law No. 5242-1 dated 06/25/1993 (as amended on 06/29/2015).

Temporary registration or temporary registration allows you to get a job in another city, register a child in a kindergarten or school, apply at the place of stay for medical help and social support. But the answer to the question - is it possible to issue an IP on temporary registration - depends on whether the individual has a permanent residence permit in the passport.

The difficulty is that registration of an individual entrepreneur under a temporary residence permit is possible only if there is no permanent residence stamp in the passport. If it is very important for you to open an individual entrepreneur by temporary registration, then for this you will have to leave your place of residence.

The period of temporary registration of an individual is of great importance - if it is less than 6 months, then the registration of an individual entrepreneur at the place of residence may be refused, although there is no direct indication of this in the law. Please also note that the registration of an individual entrepreneur under temporary registration will be carried out for the period of temporary registration. If this period expires, it means that the individual will be removed from the tax register and is not entitled to continue legal business activities.

The procedure for opening an individual entrepreneur for temporary registration does not differ from that which an individual goes through, just the address in the P21001 application will be the address of temporary registration. You can prepare documents for registering an individual entrepreneur for free and correctly on the 1C-Start portal for entrepreneurs.

Can an individual entrepreneur work in another region

If registration of an individual entrepreneur by temporary registration is not possible for you, since you have a permanent residence stamp in your passport, and you do not want to check out from there, then you should know that an individual entrepreneur can work throughout Russia.

IP activity in another region is allowed under any tax regime, but the following must be taken into account:

Registration of an individual entrepreneur in another region or in another city will be necessary if the entrepreneur has chosen the UTII or PSN mode. In fact, this is not the state registration of an entrepreneur, but only the registration of an already existing individual entrepreneur with the Federal Tax Service at the place of activity as a payer of an imputed tax or patent.
For example, a person is registered as an individual entrepreneur at the place of registration in Rostov, but wants to buy a patent and work in Moscow. To do this, you need to apply for a patent to the Moscow tax office, already having a state certificate of registration of an individual entrepreneur. The exception applies only to activities related to transportation, delivery and distribution trade, such entrepreneurs should not register for tax at the place of activity.
If an entrepreneur has chosen the USN, OSNO or ESHN, then he can work in any region of the Russian Federation, even where he does not have either permanent or temporary registration. In this case, it is tax registered only with the IFTS at the place of registration, it is not necessary to register at the place of real activity.

Thus, it is not always necessary to open an individual entrepreneur in another city or in another region, even if you want to start an activity in a different locality where you are registered.

How to open an individual entrepreneur in Moscow without a residence permit

Registration of IP in Moscow on temporary registration takes place on the same grounds that we have already considered. If you have a permanent residence permit in another region in your passport, you will not be able to register an IP in Moscow. If you have a temporary residence permit in Moscow, but there is no permanent registration stamp, then you can become a Moscow entrepreneur.

By the way, do you know in which tax office to register an individual entrepreneur in Moscow? As in other large cities, state registration of business is carried out by only one specialized tax inspectorate, in Moscow this is the 46th IFTS. It is located at the address: Pokhodny proezd, household 3, building 2.

Thus, it is possible to open an IP in Moscow without a residence permit in the capital, but only if the following conditions are met:

the absence of a permanent residence stamp in the passport;
temporary registration in Moscow.

We hope that our article answered your question in detail: “Is it possible to open an individual entrepreneur with temporary registration?”

vse-dlya-ip.ru

Is it possible to

In accordance with the current legislation, it is possible to register an individual entrepreneurship only in the city where this entrepreneur is registered, and for this he needs to provide the necessary package of documents to the tax office.

It is possible to register your own business not at the place of registration only if in the future the entrepreneur will conduct activities in accordance with the UTII taxation system, but in order to pay taxes for this system, two important conditions must be met - the presence of the selected type of commercial activity in the list of permitted for UTII, as well as the right to use UTII in the specified district, since the government bodies of each region have the right to independently decide whether they will use this system.

Thus, according to the law, businessmen who are engaged in commercial activities in regions that are far from their place of registration provide for three types of registration:

at the place of residence;
at the place of action;
at the location of the enterprise.

Special attention should be paid to the fact that if UTII is allowed in the region where the entrepreneur is going to do his business, but at the same time, this system does not work in the city where he is registered, he will not be able to use its benefits.

Where to begin

In order to register your business in another region, you first need to carry out a certain number of preparatory activities that will allow you to go through all the procedures as quickly as possible without any difficulties.

Required Papers

In order to register as an individual entrepreneur, employees of the tax authority need to provide the following package of documents:

a copy of the civil passport;
application for registration as an individual entrepreneur;
a receipt confirming the payment of the fee for state registration services (at the moment, the amount of the state fee is 800 rubles);
notarization of all documents, including the signature on the completed application (if the applicant does not submit documents to the tax office in person).

It is worth noting that, if necessary, you can transfer documents not only through an intermediary, but also use the mail or even send all the papers electronically. The latter option is available only for users of the simplified taxation system, but you need to switch to this system within a maximum of 30 days after the completion of the registration procedure as an individual entrepreneur.

Registration of activity

Since an individual entrepreneur does not have the legal right to open any branches or representative offices, he must always be at the place of his activities, but at the same time, regardless of where he earns money, reporting documents must always be submitted only at the place of registration.

Since one of the most important advantages of an individual entrepreneur is that he does not need to register a special legal address for himself, when registering an individual entrepreneur at the place of residence, he can later carry out his activities anywhere in Russia, if he is legally located in the country itself .

At the same time, it often happens that a person may change the place of business for one reason or another, but it is still registered there. In this case, it is enough just to register within seven days after the entrepreneur arrives in the corresponding city and starts doing his business there.

It is worth noting that many people often miss this deadline, since seven days is simply not enough for them to sort out all the issues and complete the entire registration procedure, but in fact this is extremely rarely punished, because it is not possible to check the fact of a person’s residence. the place of registration is extremely difficult, and in the vast majority of cases, no one is involved in such procedures.

At the same time, if a person really moves and is going to live in another city, he is highly recommended to spend some time and make changes to the USRIP, and if a person also acquires certain real estate, registration becomes inevitable for him.

Among other things, as mentioned above, you can switch to UTII, which provides for the need to register with the tax authority that manages the city where the entrepreneur is operating.

Clarifications in the law

In accordance with Law No. 129-FZ, individuals can register as an individual entrepreneur only in the city in which they have a registration, but at the same time they can register themselves in another region if they are engaged in activities that fall under UTII.

It is also worth noting that there are a number of cases that provide for the possibility of registering a business not at the immediate place of registration, but in such a situation, one must take into account the fact that permanent registration is determined by the mark left in the citizen's passport.

If there is no registration seal in the passport, then in this case, along with the application, you must submit a document confirming the presence of a temporary place of residence, and if you have such a document, you can register yourself as an individual entrepreneur at the place of temporary residence.

How to open an IP not at the place of registration

In order to open your business outside the place of residence, you first need to apply for a temporary registration in the locality where the person physically lives, and in such a situation it is quite enough to simply contact the nearest branch of the migration service. After registration of temporary registration, you need to decide on the choice of a branch of the tax authority that can serve the tenant's address of residence.

It should be noted that the presence of a temporary stay of a person who is going to become a private entrepreneur cannot cause any problems in obtaining a residence permit or further registration as an individual entrepreneur.

Among other things, you can apply for a patent, which provides for preferential taxation, but also provides the opportunity to register a business in another region.

Important to remember

If a person is going to register himself as a private entrepreneur not at the place of residence, he should remember some of the most important points that you may encounter when running such a business.

Paying taxes

If an entrepreneur has chosen a simplified taxation system, he needs to be registered at the place of permanent registration, and there is no difference in which locality he will carry out his activities. In practice, this is not so difficult, because in accordance with the current legislation, you can transfer all the necessary documents by mail, electronically, or, in extreme cases, issue a power of attorney for a representative who will deliver the necessary documentation to the place of reporting. Thus, today there is no need to take all the documents to the tax service on your own.

It is also worth noting that tax laws apply to an entrepreneur in accordance with the region in which he was registered. Thus, if reduced rates are valid in the city where the businessman is registered, but do not work in the region where he is engaged in entrepreneurial activities, he can still use them, since the appropriate legal norms have been adopted at the place of registration of the individual entrepreneur.

A slightly different procedure applies in the case of choosing UTII, since in this case you need to register exactly where the actual conduct of activities will be carried out, that is, you will have to pay taxes and submit documentation to local authorities. An application for transfer to UTII must be submitted for at least 5 days before the entrepreneur starts his business.

UTII system

For those who are just about to open their own business, often the question of the place of submission of documents is not so important, since registration and selection of a tax payment system will be carried out in one place. The rest of the businessmen have to think about whether it is worth filing an application with the body that is located at the place of registration of the business.

To switch to UTII, all documents must still be submitted exactly where the entrepreneur previously went through the registration procedure, as this greatly simplifies the transition procedure, as well as reduces the time that may be required for authorized persons to consider the application.

In this case, you can also contact the branch located at the place of business of the entrepreneur, and the registration procedure here will be similar, but it may take more time to consider the application, since all information will be carefully checked.

Possible problems

If it is not possible to go to the city in which the entrepreneur is registered, he must form a complete package of documents that are required for registration of an IP, and then send them by registered mail, while making a thorough inventory of the investment.

The finished certificate is sent to the applicant in exactly the same way, and this should be taken into account. Most entrepreneurs who are just starting to run their own business face this problem, but there are other situations when a person has only a temporary registration or does not have it at all.

You can also write a power of attorney for a representative, then issue it with a notary and send it along with a full package of documents to the appropriate person, who will then transfer it to the tax authority. In such a situation, after receiving all the documents, the tax authority will have five days to issue the appropriate certificate and send it back to the businessman so that he can begin to conduct his business on an official basis.

calculator-ipoteki.com

Is it possible to become an entrepreneur without a permanent residence permit?

Your registration and the city where you plan to do business are different. For example, they are registered in Kaliningrad, and you open a cafe in St. Petersburg.
There is only temporary registration. You live with your aunt in Moscow and are registered with her temporarily.
You have a residence permit. You have the right to reside in Russia from three to five years.

What is a place of residence according to the law

List of real estate that acts as a place of residence:

apartment / house;
residential premises for official purposes;
other living quarters.

To confirm the place of residence, it is enough to be either the owner of the property or the tenant. In the latter case, a rental agreement must be concluded.

How to register a business outside of registration

Enter all required information. When filling out the application, you can choose the method of delivery of documents that is convenient for you, as well as pay the state fee for registering an individual as an individual entrepreneur: electronically or in cash at a branch of Sberbank.

Is it possible to open a business if you live and are registered with your aunt or uncle

Here's what you need to do to open a treasured project if there is no residence permit:

Show your passport to prove to the tax officer that you do not have a permanent residence permit.
Present a document confirming that you have a place to live legally for the next six months. There is a chance that they will issue an IP with a registration period that expires (two to three months). But remember, the term of registration is equal to the life of the business.
Tell the landlord where you are temporarily residing that you are going to provide his address during business registration. It is not necessary to do this, but it is worth informing in order to avoid misunderstandings in the future (for example, if any business correspondence for you will be sent to his postal address). Explain to the homeowner that he is not liable to the state.
Collect documents for registration of IP:

Form P21001 (application).
Payment of duty (cheque).
The passport.
Certificate of temporary registration (copy).
Identification tax number (copy).
Application for transfer to the preferred tax payment scheme.

If another person submits documents instead of you, then issue a power of attorney for him, and also notarize the application and a copy of the passport. If you send documents by mail, send them by valuable letter.

How to become a businessman in Russia for a foreigner

After the expiration of the period of legal stay in the country, the period of validity of the IP registration also ends.

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What the law says

According to Federal Law No. 129, obtaining the status of an individual entrepreneur is possible with permanent registration. This rule is explained by the fact that an individual does not have a permanent legal address, and it may be difficult to find a person when establishing, for example, the fact of a violation of the law.

When a citizen decides to open an IP not at the place of residence or registration, then it is necessary to opt for UTII in the taxation system.

For this, the following conditions must be met:

the presence of UTII in the taxation system where the business is organized;
commercial activity is included in the permitted list of this system.

According to the norms of Law No. 346, commercial activities can be carried out in a settlement without a permanent residence permit, when:

the address of the activity is determined;
there is a specific location of the created enterprise;
the address of temporary housing has been determined.

The law also allows the organization of business at the same time in several settlements or in different districts of the same city. In this case, an individual entrepreneur is required to register with the local FTS at the first place of commercial activity indicated in the application.

Initial stages

Required Documents

The first steps to open a patent without permanent registration are:

Preparation of the required package of documents.
Drawing up a written appeal according to a certain model.
Providing a package of documents to the local structure of the Federal Tax Service.

In the package of documents you need to attach:

a copy and original of the passport of a citizen of the Russian Federation;
a copy and original of the identification code of the taxpayer;
a written request written on form P21001;
payment document proving that the fee has been paid.

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In the passport of a citizen of the Russian Federation, a registration mark must be on a separate page. It must be accompanied by documentary evidence of a non-permanent residence permit in the locality where the organization of a new enterprise is planned.

Application for state registration of an individual as an individual entrepreneur (form Р21001):

Which authorities to contact

Business registration with non-permanent registration is fixed in the local tax structure. The Tax Code of the Russian Federation in 2018 contains six regimes or ways of paying taxes. Each has its own characteristics.

Address value

As already noted, the laws of the Russian Federation provide for permanent and temporary registration of citizens. The second option according to the norms is carried out when there is no first option. Without their presence, citizens will not be able to conduct business activities legally.

If not registered, then:

Send a written request to the local structure of the FMS with a request to issue a temporary residence permit.
Obtain a certificate indicating temporary residence.

Before going to the FMS, it is required to have the consent of the owners of the house or apartment for such a step.

Paying taxes

The most popular taxation mechanisms in 2018 among businessmen are:

UTII;
general tax;

The tax under the ENTI system is required to be paid at the place of permanent residence, if the business is organized in the following areas:

freight and passenger transportation by road;
placement of advertising logos on the sides and bodies of vehicles;
mobile retail trade.

The listed types of IP activities are allowed to be carried out in places of permanent registration. Payment of taxes is carried out in the territorial body of the Federal Tax Service.

The simplified tax scheme provides for the submission of reports at the place of registration.

To do this, you can use the following methods:

via mail, sending a registered letter;
through a representative with a power of attorney;
through online services.

For this system of taxation, there is no difference in which direction the work is being done.

How can I open an IP not at the place of registration

As you know, according to the law in the Russian Federation, temporary registration is temporary. Fixing a business, if an individual entrepreneur falls under such a case, is carried out at the tax authority of the area where the temporary address is located. Entrepreneurship will also be given temporary status.

To start a commercial activity without permanent registration, three conditions must be met:

Provide documented proof of the absence of a permanent address of residence. For this, a civil passport is suitable, where there is no stamp.
Have on hand documents indicating temporary registration. Their validity period should be about 6 months, and not, for example, several weeks.
Register with the local tax authority according to the above algorithm. To do this, you will need to prepare the relevant documents.

Rules for a foreigner

Federal Law No. 115 of 2002 establishes that foreign citizens have the same rights as citizens of the Russian Federation if they decide to open an IP.

For such a case, a foreigner needs to submit the following documents:

original and photocopy of the passport;
a document certifying birth, which clearly shows the place of birth and date;
permission to conduct labor activities within the Russian Federation;
a copy of a paper confirming the right of a foreign citizen to stay on the territory of our state;
a written request for permission to engage in entrepreneurship.

The listed papers must be certified by a notary before being sent to the appropriate authority.

Business registration for foreign citizens is allowed at the place of temporary residence or in the area of the specified address in the residence permit. The rest of the registration rules are no different from those prescribed for citizens of the Russian Federation.

Foreign citizens should remember that individual commercial activity will be legal as long as the stay in the territory of our country is carried out within the framework of the law. If the residence permit is not extended, then automatically the business becomes illegal.

Possible problems

If there is no relationship with the employees of the controlling authority, all notifications and requests will be sent to the home address of the entrepreneur. At the same time, commercial activities can be conducted in any region, and reporting can be submitted in the area where the businessman has a permanent registration.

There may be difficulties with the tax regime itself. If it does not fit, then at the end of the year it can be changed. The best mechanism for paying taxes among other regimes is considered to be a simplified scheme. She has a differential approach. That is, the amount of tax directly depends on net profit.

If, of necessity, the choice fell on the patent system or the UTII scheme, then regardless of the availability and amount of income, the tax is paid on a quarterly basis without fail. These modes are ideal when the enterprise operates with a stable profit.

For non-payment of taxes, the entrepreneur is liable with all his property. This liability standard is defined in Article 446 of the Civil Procedure Code of the Russian Federation. According to its mechanism, the tax inspectorate can seize any property of a persistent non-payer and refer the case to the court for trial.

Article 446

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If an individual applies to the tax office for registration as an individual entrepreneur, then he will need to indicate his registration address in accordance with his permanent place of residence. This is the address that is marked in the entrepreneur's passport. Without this address, the tax authorities even refuse to register an entrepreneur.

The situation when an individual does not live at the address of his permanent residence is quite common. If such an individual decides to register as an individual entrepreneur, then he has a question about the possibility of doing this outside the place of residence. But the tax authorities have a special opinion on this matter and believe that the registration of an individual entrepreneur should be carried out only at the address indicated in the passport. But still, there are some situations in which an individual has the right to register not at the place of registration (129-FZ). The principled position of the tax authorities is primarily related to the status of an individual entrepreneur. The entrepreneur remains an individual when conducting his business and does not have a legal address as an organization. If necessary, all notifications of controlling organizations are sent to him at the address of permanent registration. An entrepreneur can conduct business in any region of the Russian Federation, and not only at the place of residence. But at the same time, he will need to pay tax and send reports to the tax authority in accordance with the place of residence.

Important! Such requirements are established for entrepreneurs who have chosen the general or STS as the tax system. If an individual entrepreneur has employees, then reporting to extra-budgetary funds is also submitted at the place of his registration.

Registration of IP at the place of registration

Every citizen of the Russian Federation has the right to register in the locality in which he is permanently registered. To do this, he applies to the tax authority on a territorial basis and submits the necessary package of documents, including:

passport, which must contain a mark of registration at the place of residence;
application in the form P21001;
a receipt confirming payment of the state duty.

You can register as an individual entrepreneur in one of the following ways:

apply to the tax authority personally to the future entrepreneur or through an authorized representative (if a representative applies to the tax authority, then he must have a notarized power of attorney with him);
send documents via the Internet;
send documents by mail.

What to do if the entrepreneur does not have a local registration

Entrepreneurs do not have the right to open branches, representative offices and structural subdivisions, therefore their duty is to be present at the place of actual implementation of their activities. This place may not be tied to the territorial center where registration was carried out. This place can be anywhere within the Russian Federation. At the same time, regardless of the district in which the entrepreneur carries out his business, he submits tax returns only to the tax office in which he was originally registered.

The legislation provides for some cases in which individuals have the right to register as an individual entrepreneur in those regions and districts that are far from their place of registration. These include the following locations:

by business location;
depending on the place of business;
at the place of actual residence of the future entrepreneur.

Even if a person is registered as an individual entrepreneur in a particular region, but after the development of the business, he moved to other regions of Russia, then he is not required to re-register with the tax office. He sends reports to the tax office in accordance with his place of primary registration as an entrepreneur.

Difficulties for an entrepreneur may arise if he conducts his activities not at the place of registration, but in another region of the Russian Federation. This is due to the fact that all citizens who are on the territory of the Russian Federation for more than 1 week must register at the place of stay. This must be done within 7 days. This period is short enough that this requirement may not be met. In addition, if an entrepreneur plans to stay in another administrative body for a long time, then he will be obliged to do so.

Important! If an entrepreneur moves from one region to another, then it is not necessary to re-register with the tax authority. But he will need to register at his new place of residence, and then contact the tax office and make changes to the EGRIP.

Registration of IP at the place of residence

The legislation of the Russian Federation provides for the possibility of registering an individual entrepreneur in the region in which he is not registered, but is going to carry out entrepreneurial activities. There are two options for the development of events in this case:

An individual in his passport does not have a mark on registration at the place of residence at all. This may be due to the fact that the passport was issued to him not at the place of residence, but in another administrative district.
An individual has a note in his passport stating that the citizen has been removed from the registration register, but registration has not yet been carried out at the new place of residence.

In both cases, an individual will need to apply to the territorial registration authorities for a certificate of temporary registration at the place of residence and, on the basis of this document, register as an individual entrepreneur. There are no restrictions in this regard. The same package of documents is submitted to the tax office as during registration in ordinary cases, plus a certificate of temporary registration.

Registration of an individual entrepreneur at the place of business with UTII

Separately, it is worth paying attention to the registration of an individual entrepreneur not at the place of residence, if he chose UTII as a taxation system. Under all other tax regimes, an entrepreneur has the right to carry out his activities in any region, but not under UTII.

This tax regime provides for taxation when engaging in certain types of activities. Those types of activities that fall under UTII, the regional authorities determine independently. If an individual has already registered in the administrative district and works on UTII, but at the same time changes either his place of residence or place of business, but not his tax regime, then he will have to re-register.

In other words, he will have to submit an application to the tax authority at the place of business and register as a UTII payer. In this case, he will be able to continue doing business and apply UTII. At the same time, it is not necessary to close the IP at the place of primary registration, and tax reporting will have to be submitted to the tax authority in which the IP is registered later as a UTII payer.

Important! Before making a decision to change the place of residence and place of doing business, you should make sure that the areas of activity in which the individual entrepreneur is engaged falls under UTII in the region to which he moves.

Exceptions

In some cases, an entrepreneur on UTII is not entitled to register with administrative bodies other than at the place of his registration. These include cases where the entrepreneur plans to engage in the following activities:

retail trade of a delivery character;
transportation of goods;
passenger traffic;
placement of advertisements on the vehicle.

In all of the above cases, the place of business of the entrepreneur must coincide with the primary place of registration of the entrepreneur.

Conclusion

Thus, entrepreneurs must register in the region in which they are permanently registered. However, some exceptions are possible. For example, an individual has the right to register as an entrepreneur at his place of residence (temporary registration), but this practice is not welcomed by tax authorities.

In addition, an entrepreneur may re-register at a place other than his place of residence if he is employed in those areas of activity that fall under UTII not in the region of initial registration, but in another. At the same time, you will not have to change the address of your official registration, it will be enough to register as a UTII payer in the tax office at a new place.