How to open an IP for a Belarusian in Russia: necessary documents, procedure

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

The creation of the Eurasian Economic Union has largely contributed to the influx of labor migrants to Russia from the nearest CIS countries, including from the Republic of Belarus. However, not every foreigner wants to work for the organization. Many are interested in the opportunity to do their own thing. Before you open an IP for a Belarusian in Russia, you need to familiarize yourself with local legislation and take into account all legal subtleties.

On entrepreneurship in Russia

The main legislative act of the Russian Federation - the Constitution - states that both Russians and foreign citizens who are legally in the country are endowed with equal duties and rights. The Civil Code states that any person who passes the state registration procedure can become an individual entrepreneur.

Accordingly, the rights of citizens of Belarus in Russia are similar to thosethat local citizens have. That is, they can legally open an IP upon reaching the age of majority. However, this is only possible if there is registration at the address of residence. This provision is governed by federal law 129.

How to open an IP for a Belarusian in Russia: the order of the procedure

Registration of individual entrepreneurship is one of the most affordable ways to legalize commercial activities. It has several advantages:

1. Relatively low cost.
2. The process does not take long.
3. No need to collect a large package of documents.

The Republic of Belarus is a full member of the Eurasian Union. However, its citizens on the territory of the Russian Federation do not have any privileges when registering entrepreneurship. Although the procedure itself is quite simple initially.

How can a Belarusian register an IP in Russia? This algorithm is defined by the Federal Tax Service of Russia:

1. Preparation and collection of necessary documentation.
2. Submission of papers to the division of the tax service, which serves the current address of registration of a foreign citizen. Personal filing is possible, through multifunctional centers or through representatives by notarized power of attorney. You can also transfer papers through courier services (Pony Express, DHL) or use the services of law firms involved in opening IP.
3. Case review. If the tax service has no claims against the applicant regarding the execution of documents, the procedure will take 3days.
4. Obtaining a certificate of an individual entrepreneur. Issuing a work permit.

Documents

What do you need to open an IP? First of all, documents. Their list is as follows:

1. A valid passport and photocopies of all its pages.
2. The basis of legal stay in Russia (TRP, residence permit). A valid registration is also required.
3. TIN.
4. Filled out application form for opening an IP (form Р21001).
5. Check for payment of the state fee (800 rubles).
6. Certificate of no criminal record. Issued at the diplomatic mission of the Republic of Belarus. In addition, you can contact the police station serving the address of residence of a foreign citizen.

The authorities of the Russian Federation and the Republic of Belarus signed an agreement on the mutual legalization of documents. Therefore, there is no need to contact the consulate on this issue. However, documentation submitted in Belarusian must be translated into Russian. After that, the correctness of the translation is certified by a notary.

TIN

Before you can open an IP for a Belarusian in Russia, you need to get a taxpayer number - TIN. However, it can also be issued after the registration of an entrepreneur.

You should first clarify whether the identification code was assigned to a foreigner earlier. If this information is not verified in advance, registration may be denied. TIN can be assigned without the knowledge of a foreigncitizen, for example, when he previously worked for Russian employers.

How to open an IP for a Belarusian in Russia through the MFC

Multifunctional centers allow you to significantly save time on registering an entrepreneur. They work on the principle of one window. There are practically no queues in them.

An employee of the MFC will accept documents for registration, having previously checked them. The whole procedure takes no more than half an hour. After that, the foreign citizen will be told about his further actions.

Registration of entrepreneurship via the Internet

This way of submitting documents is quite convenient. How to open an IP in Russia for a citizen of Belarus? First of all, you need to register on the website of the Federal Tax Service and create an account there.

The procedure for issuing an IP certificate is as follows:

1. On the portal of the Tax Service, the tab "individual entrepreneur" is selected.
2. Next, you need to start filling out a new application.
3. Consent to the processing of personal information is given. From the presented list of applications, select Р21001.
4. Fill in information about the address of permanent or temporary registration of a Belarusian in Russia.
5. After that, you will need to enter a valid TIN number. If the applicant does not remember it, just click the "Find TIN" button, after which the code will be entered automatically. When a foreign citizen does not have a number, the field should be left blank.
6. Filling in personal data.
7. The types of main and additional economic activities are selected.
8. After that, you need to specify the most appropriate option for obtaining documents.
9. Electronic verification in progress. If it was successful, you must click on "Next".
10. Paid state duty. The electronic check must be kept for further submission to the tax office. There is also an option to generate an electronic receipt, you need to print it out and present it at the bank. After payment, you need to specify the date of the operation and the BIC of the organization.
11. The bid submission option is selected.
12. After that, the form is sent for consideration to the Federal Tax Service.

After submitting an application electronically, after 3 days, the applicant will be invited to the Federal Tax Service. You must have documentation with you, its list will be generated automatically.

Reason for rejection

The Federal Tax Service may make a negative decision under the following circumstances:

1. The application form was filled out incorrectly.
2. The questionnaire indicated those activities that were not allowed.
3. Submission of an incomplete set of documentation.
4. The future entrepreneur does not actually live at the registration address.
5. Foreign citizen has previously registered IP.
6. The person has a business injunction.
7. If during the calendar year an entrepreneur was declared bankrupt or an individual entrepreneur wasforced closed.
8. It is important to note that in case of refusal, the state fee is non-refundable.

Prohibited types of activities for individual entrepreneurs

An individual entrepreneur is prohibited from engaging in the following types of activities:

1. Transportation by air.
2. Organization of production and sale of alcoholic beverages.
3. All activities related to the distribution of potent and narcotic substances.
4. Production of pharmaceutical products.
5. Everything related to the maintenance and manufacture of aviation and military equipment, weapons.
6. Organization of security companies.
7. Creation of companies engaged in employment of citizens of the Russian Federation abroad, as well as investment and pension funds.
8. Sale electricity to Russians.
9. Industrial production analysis.
10. Activities related to 4th and 5th grade pyrotechnics and space exploration.

What to do if the IP registration was refused

How to open an IP for a foreign citizen in Russia when the application is withdrawn? In this case, it is necessary to find out the true causes of the failure and eliminate them in full. For example, you can submit documents later if there is a ban on entrepreneurial activity, or choose another form of organization registration. After that, the application is again submitted to the tax service for consideration.

When a citizen of Belarus is sure that the authorized servicerefused to issue an IP certificate unlawfully, he can go to court. However, for this it is advisable to hire a good lawyer who understands all the intricacies of the legislation of the Russian Federation.

More questions

The migration service unit that issues the entrepreneur certificate is responsible for transferring data to the PFRF and the Medical Insurance Fund. The individual entrepreneur must be informed about this in writing within 7 business days. If this does not happen, the entrepreneur must independently register with the indicated services.

Some future entrepreneurs believe that not only a TIN is needed to open an IP, but also a current account in one of the Russian banks. This is not entirely true. It is necessary only for those who plan to carry out transactions in excess of 100 thousand rubles. If transactions are less than this value, it is not necessary to open a current account.

Also, Russian legislation does not say that an individual entrepreneur must have a seal. Such a requirement can only be made by banks where an account will be opened. However, the presence of a seal at the IP will be an advantage, since it allows you to protect documents.

Foreign entrepreneurs operating in Russia have the right to voluntarily switch to a simplified taxation system. If an individual entrepreneur hires employees, he needs to pay insurance premiums for himself and for them.

Can a Belarusian open an IP in Russia? Yes it is possible. The procedure is quite simple andfast. Moreover, to submit an application for consideration, you can use the electronic service of the Federal Tax Service, the services of the MFC or courier services. The process takes 3 days. If the application for registration of an entrepreneur is withdrawn, the decision can be appealed in court.