2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
Many people have thoughts about additional earnings, although there is a permanent job. 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 taboos 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 in business or not.
There are several conditions for registering an individual entrepreneur:
- age 18+;
- capacity;
- Russian citizenship;
- no restrictions on business.
Given these requirements, is it possible to open an individual entrepreneur if officially employed? Employment obligations cannot be an obstacle to starting a business.
Who is forbidden to open 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;
- Ministry of Internal Affairs employees;
- 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 performed quite well. 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.
Employees of the budget orstate organizations can issue 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 Presidential Decree. Special cases are recorded in regulatory 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 he althcare. 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 businesshow it is the work itself, as well as reporting to regulatory authorities. In case of late submission of the necessary documents to the tax, pension, insurance funds, you will have to pay fines.
You can't be an entrepreneur only 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 the labor inspectorate. 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, 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.
Employment contract
Citizens who are individual entrepreneurs, like other individuals, can be hired, work under a contract. The work book will not include information about entrepreneurship, so information about the main job is entered into 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, and also prepare the documents:
- Passport.
- TIN.
- Application for registration in the Unified Register in the form Р21001.
- Confirmation of payment of state duty.
- Application for a simplified taxation system (2 copies).
These areas have OKVED codes, which should be recorded 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 Federal Tax Service. After 3 days, a certificate of IP and an extract from the USRIP are issued. The information is sent to the funds, where the registration number will be issued. After that, legal business begins.
When do you need clearance?
There are cases when business registration is mandatory:
- Requires a patent or license to operate;
- To perform transactions through the account.
- Forattracting customers 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 be profitable.
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