Can I register a SP in another city. Is it possible to register SP in another region. Can an individual entrepreneur operate in another city

How to open an IP in another city? The modern system of legislative acts in relation to small business is constantly being improved. This is due to the desire of the state to improve the conditions for starting a business. Registration of novice businessmen is carried out at the place of their registration, this becomes the address for sending and receiving correspondence.

But is it possible to register an individual entrepreneur in another city? Do you need a temporary registration? What should citizens who do not have a registration do? What difficulties do you have to face?

Who can open an IP in another city?

The opening of an IP by a person with a temporary registration is accompanied by a number of difficulties. It's all about the laws.

A temporary residence permit can be obtained by a foreign citizen, as well as a person who has moved to a permanent place of residence from another region of the country. Russian citizens receive a stamp in their passports, and a separate document will be prepared for a foreigner. It should be taken into account that a residence permit provides an opportunity for indefinite residence in Russia.

The current Russian legislation does not imply a ban on doing business in neighboring cities and regions. Therefore, citizens can open an individual entrepreneur in their hometown, and conduct business in another, this is not prohibited. You can use this if you wish. But what if you don't want to return to your hometown, but you need to do business?

To open an individual entrepreneur in another city, you need to collect the entire package of documents correctly. There are no special conditions when submitting documents for registration of individual entrepreneurs from citizens without local registration. You will need standard documents for registration. First of all, you need to draw up an application for registration of an individual entrepreneur with the local body of the Federal Tax Service. The application form is strict, called P21001, and you can get it from the tax website or get a sample from your local office. Then you need to prepare a statement on the purpose of the taxation system.

The most popular are simplified and patent. Each has its own pros and cons, which should be thought out in advance. The application is prepared in duplicate, one is left to the tax inspector, the second is sent by mail to the entrepreneur. The state duty today is 800 rubles, it must be paid and the document must be submitted to the tax office along with the entire set. As a rule, duties are paid at any branch of Sberbank of Russia, which is very convenient.

The set of documents required for registering an individual entrepreneur in another city requires an original passport and a photocopy of all its pages. An important clarification: when sending documents by mail, the passport photocopy pages must be stitched and notarized. The package also includes the original and a copy of the TIN. If you do not have one, then you can get a taxpayer identification code during the registration of an individual entrepreneur. This is a separate procedure, not related to registration, and it will slightly delay the process of obtaining a certificate, by about a week.

An entrepreneur registering in a city with a temporary residence permit may be faced with the need to provide a document confirming no criminal record. But this will not necessarily happen in your case; such a request requires special conditions and a requirement of the legislative system.

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Registration of an individual entrepreneur in another city by foreign citizens

If the registration of an individual entrepreneur in another city is carried out by a foreigner, and an individual entrepreneur is allowed to use a temporary residence permit for 3 years, a problem may arise.

This is due to the requirement to register at the actual place of residence. In such cases, the foreigner will have to visit the internal affairs bodies every year and renew the registration.

You cannot change your place of residence on your own; for this, a punitive measure is imposed in the form of deprivation of the right to temporary registration.

It is impossible to open an individual entrepreneur in another city without registration. For example, if you are registered in Voronezh and want to do business in Moscow, you will need to register in Moscow, otherwise your individual entrepreneur will not be registered. A novice businessman also cannot open a branch or representative office, because he is not in the status of a legal entity.

Registration at the place of residence is required, and registration with the local tax office depends on the taxation system chosen when creating an individual entrepreneur.

Those wishing to open an individual entrepreneur in another city should familiarize themselves in detail with Federal Law No. 129, it specifies the requirements and rules.

Schematically, everything looks like this: you need to get a residence permit and a residence permit, a temporary residence permit. With such papers, you need to go to the local tax office. In this case, personal presence is not necessary, you can send documents in advance by regular mail or by e-mail, if this is allowed by the branch you are applying to.

Your representative can submit documents if necessary. When sent by mail, all documents will have to be notarized and make sure that they are correctly drawn up. Otherwise, they will be returned to you after a while with a corresponding mark of unusability. This also applies to the application for the taxation system.

If your business is carried out in a city where you are not registered as an individual entrepreneur, it is advisable to have a current account in this city. This will help simplify the process of paying out insurance. With an existing current account in the city where the business is going on, you can carry out monetary transactions with partners for large amounts, this will not cause problems.

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Principles of opening an individual entrepreneur in another city

The question of the need to print for an individual entrepreneur remains at the discretion of the entrepreneur. Legally, no one is obliged to require its presence, but for convenience it is better to start it all the same.

It is especially useful if you want to open an IP in another city. For many partners and organizations, a blue seal is a must.

If you have already opened an individual entrepreneur, and in order to expand or, if necessary, you decide to transfer business processes to another city, then you do not need to change the registration data in the documents. You can exist as an individual entrepreneur in Moscow, and conduct your business in Sochi. Such processes are described in the Civil Code, in the section on state registration of legal entities and individual entrepreneurs, all the nuances are reflected.

But the region of actual activity has no influence on the system of filing reports, taxes and payments to funds. If in the region where you actually work, interest rates are lower, then you will still pay taxes at the rates established for the city of registration.

This question is often asked by future entrepreneurs. Indeed, for various reasons, it is not always convenient to conduct business in the region of residence, and it becomes necessary to register an individual entrepreneur in another region. Let's try to understand this actual situation for many and find an acceptable solution.

Following the Constitution of the Russian Federation, every citizen of the Russian Federation has an undeniable right to freedom of movement around the country, choice of place of stay and permanent residence within the Russian Federation. According to the Law of the Russian Federation No. 5242-1 of 06/25/1993, regulations No. 288 of 09/11/2012, approved by the Order of the FMS of Russia and the Decree of the Government of the Russian Federation No. 713 of 07/17/1995, the place of stay is the place, the living quarters in which it actually resides temporarily and is not a place of residence. At the place of stay, you can register, that is, record information about your location in the prescribed manner as a temporary registration.

Persons who do not have a permanent fixed place of residence have the opportunity to register an individual entrepreneur, having a temporary registration in any region. For successful registration of an individual entrepreneur under such circumstances, you need to:

have a document on temporary registration for a period of six months;
the passport should not have a stamp about permanent residence, or there should be a stamp stating that an individual has been removed from his place of permanent residence, i.e. registration.

Thus, temporary registration gives you the right to register an individual entrepreneur in any region, but on one condition - the absence of permanent registration. You can also leave the place of permanent registration, thus, you are no longer tied to a certain tax office and you have the right to register an individual entrepreneur wherever you want.

But there is another group of people who have the right to be entrepreneurs in our country. Citizens of other states who have received the right to stay on the territory of our state on the basis of a temporary residence permit, residence permit can also register as an individual entrepreneur. The place where they can register is determined by the residence address at which they are temporarily registered, according to the documents. The term of an individual entrepreneur in the territory of the Russian Federation is limited by the term of the powers that entitle a foreigner to stay in the country. The same applies to entities that have not received the citizenship of a particular state.

But it is not always possible to register an individual entrepreneur for temporary registration. The reason for this may be personal circumstances, and there is no point in changing the registration if the citizen actually resides at the previous address, and, for example, conducts activities in another region. Traveling to obtain documents can be time-consuming, costly, and thus completely impractical. But, nevertheless, you have the right to engage in income-generating activities in any region of the Russian Federation.

The way out of this situation can be:

submission of documents for registration through a proxy. It also takes 5 working days, but it is necessary to issue a notarized power of attorney;
sending documents by mail by letter with a list of attachments (the application will first need to be notarized). In this case, registration will take more time, taking into account the postage of documents;
you can get a digital signature on the website of the Federal Tax Service or gosuslugi.ru and send documents in electronic form. After that, you will receive documents in electronic form, which you can already use to open a bank account. Originals from your tax office will be delivered by post;
you can also contact a notary to certify the application with his EDS and then send documents in electronic form.

By the way, to prepare documents for registration of an LLC, you can use the free online service "My Delo" - free preparation of documents, which will undoubtedly eliminate the risks of making mistakes in documents and ultimately being refused registration.

So, let's summarize the consideration of our issue of opening an individual entrepreneur on the basis of temporary registration. The law provides for certain restrictions, but, nevertheless, there are enough options.

A citizen of our state has the right to choose: you can cancel the permanent registration and register for temporary registration, open an individual entrepreneur in the required region without wasting time and money. This is convenient if you are actually located and plan to operate in one region, but are registered in another. If you live at the place of registration, and you need to conduct business in another region - here remote methods of registering an individual entrepreneur come to the rescue.

It is worth noting that individual entrepreneurs have the right to report on their activities at the place of business for UTII and PSN. Individual entrepreneurs in the general and simplified taxation systems report at the place of permanent registration. Choose the methods that are right for you, and nothing will stop you from doing what you love, where you want it.

Future businessmen are interested in how to open an individual entrepreneur in another city without registration? Note that registration is a mandatory procedure for every citizen of the Russian Federation. In fact, the term has not existed since the end of the existence of the USSR. Today, registration is called registration at the place of residence, the absence of which threatens with administrative punishment. However, it is also impossible to open an individual entrepreneur in another city without a residence permit, as in the native settlement. This is clearly stated in Article 8 of Federal Law No. 129-FZ - registration of an individual entrepreneur is tied to the place of residence of a citizen.

What is registration and how to get it

Registration at the place of residence is provided for permanent and temporary. Moreover, the options can exist both separately and simultaneously. Permanent registration is the place where a person lives most of his time. Temporary registration is necessary if a person stays in another region of the country for more than 90 days on a permanent basis. In this case, he must register with the migration authorities.

It is possible to obtain the status of an individual entrepreneur only in the region of permanent residence. Asking the question whether it is possible to open an individual entrepreneur in another city without a residence permit, a person should understand that if he is there for a short time without the prospect of staying, then there is no point in the procedure. If there is a desire to live in another region for a long time, then you will have to issue a temporary registration in any case, which will allow you to open an individual entrepreneur.

Obtaining a residence permit is a simple procedure. The permanent form of registration is carried out in their own real estate. Temporary registration, in turn, can be obtained through the landlord or through special authorities. After that, the procedure for registering an individual entrepreneur will take place on a general basis, even in a foreign city.

What to do when changing registration

Along with the interest around the topic "how to open an individual entrepreneur in another city without a residence permit", many citizens are interested in whether it is necessary to change the data after moving and who should be notified. The answer is simple - a change of registration does not affect business activity in any way and no one needs to be notified. The legislation provides only for registration of an individual entrepreneur at the place of residence, but you can do business throughout the country without barriers.

How does the state help small businesses to expand the geography of their business? Can an individual entrepreneur work in other regions, and not only at the place of its registration?

To realize his potential as an entrepreneur, any citizen can open a business in various organizational forms, for example, individual entrepreneurship (IE) without the formation of the status of a legal entity. An individual entrepreneur is registered in the administrative-territorial unit of permanent residence and registration (registration) of an individual (Chapter 3, Article 8 of the Federal Law of 08.08.2001 No. 129-FZ as amended on 03.12.2011).

Possibility of IP work in different regions

Since the state task is to develop the entrepreneurship of citizens, the IP is not legally prohibited from working throughout the country. Moreover, if legal entities are obliged to register “separate subdivisions” at the place of their functioning in different cities, then individual entrepreneurs are legally deprived of this obligation.

An individual entrepreneur can work, that is, carry out his own business in any territory of the constituent entities of the federation, while having the registration of an individual entrepreneur at his place of residence. But there are different modes of operation in other regions, depending on the form of taxation available to the entrepreneur and the types of actual work. SP taxation is applied:

OSNO - basic system with VAT payment and full reporting;
USN - a simplified system in two versions of tax calculation (6% of gross income or 15% of gross profit);
PSN - a patent for certain types of work;
UTII is a unified tax on imputed income also only for some types of activities;
Unified agricultural tax - a single tax, only in the field of agriculture.

Applying OSNO or USN as the basis, an entrepreneur can simultaneously apply another patent or a single tax for some of his activities (Article 346.43 of the Tax Code of the Russian Federation).

In most cases, it is the types of activities attributed to special taxation regimes, in addition to the main registration of an individual entrepreneur, that require additional both in the place of residence and in another region where business is carried out under a patent or a single tax.

Registering an activity elsewhere

PSN is established by the Tax Code of the Russian Federation, is enforced by the laws of federal subjects and is applied on their territory. 47 types of work and services are legally established for which the patent taxation system is used (clause 2 of article 346.43 of the Tax Code of the Russian Federation). An entrepreneur can register the actual conduct of business not only in the place where the IP was registered, but also in every other constituent entity of the Russian Federation.

Why is it profitable to register an activity defined by the Tax Code with a patent in each region? Tax payments are significantly reduced, and you can not keep accounting records. The cost of a patent is established by law in the constituent entities of the Russian Federation, it is 6% of the estimated income, but not more than 60 million rubles. in year. The term of the patent is one year, the tax period is a quarter. The number of personnel is up to 100 people. A patent is required not only for work in each region, but also for each type of activity that falls under the patent taxation regime.

The single tax (UTII and ESKhN), regulated by Chapter 26.3 of the Tax Code of the Russian Federation, also applies to certain types of work and services and involves registration at the places of their actual production. UTII records are kept in each municipal formation or urban district, if the individual entrepreneur conducts such activities on its territory. Unified agricultural tax accounting is carried out only at the place of residence of the individual entrepreneur.

As well as on PSN, the transition to the Unified agricultural tax is voluntary and, moreover, beneficial for an individual businessman. The share of agricultural work in business for the unified agricultural tax should be at least 70%. The number of personnel is up to 300 people. An agricultural entrepreneur is registered with the tax for one year, and reports and pays tax on a quarterly basis.

Under the main taxation system or the simplified one, there is no need to register or register work and services in another region. The entrepreneur decides the transition to special tax regimes voluntarily and in the interests of the results of running his business: simplifying accounting and reporting, reducing the tax burden.

Features of the individual entrepreneur's work in the administrative territories

If, when applying OSNO and STS, you do not need to register or take into account your activities on the territory of another municipal formation or subject of the Russian Federation, then when switching to a patent or UTII or in combination for any specific types of activity, such registration or accounting must be carried out.

Patent types of business are registered in the constituent entity of the Russian Federation. These are republics, territories and regions, for example, the Chuvash or Udmurt republics, the Perm region, the Moscow region. An individual entrepreneur registers his enterprise at his place of residence, for example, in the town of Balashikha, Moscow Region, and here he also registers a patent for conducting special works and services. The patent will be extended to the entire territory of the region, to all its settlements, for example, in the city of Khimki. But the same patent activity in Moscow must be registered. One more patent was obtained for it additionally, since Moscow is another subject of the Russian Federation.

The situation is somewhat different with UTII. Here, the law provides for the accounting of individual entrepreneurs as a payer of the single imputed tax. Such accounting is carried out in each tax inspectorate if an individual entrepreneur is carrying out a single tax business in its jurisdiction, even within one constituent entity of the Russian Federation (not only in another city, but also in another urban area, if it has a territorial tax authority).

It is important to know and remember that special tax regimes make it easier for individual entrepreneurs to conduct their business in different administrative territories, but if the conditions under which such regimes are possible are violated, they are legally terminated immediately and replaced by the general taxation system, if you do not switch to special taxation in time.

Registration as an individual entrepreneur is carried out at his place of residence. Such a link is required in accordance with Art. 8 of Law No. 129-FZ. The only official confirmation of the place of residence is registration, and registration is carried out at the address indicated in it. Is it possible to open an individual entrepreneur in another city without registration? Let's figure it out together.

Do I need a residence permit to open an individual entrepreneur?

The above law, which regulates the state registration of legal entities and entrepreneurs, does not directly mention the mandatory presence of a residence permit. But tax registration is carried out at the place of residence. Only his residence permit certifies him - nothing else has been invented yet. On the one hand, this complicates the life of those businessmen who do not have registration. On the other hand, it simplifies it to authorities and counterparties - the individual entrepreneur does not have a legal address where you can apply. This role is performed by registration. That is why it is impossible to open an individual entrepreneur without registration. You can try to register and submit a package of documents, but refusal is guaranteed.

Is it possible to open an individual entrepreneur with a temporary residence permit?

The law permits the registration of entrepreneurs with a temporary residence permit, subject to one of the following conditions.

The absence of a registration stamp in the passport (generally a blank page).
The presence of a stamp on deregistration.

If permanent registration is recorded in the passport, then an individual entrepreneur will be able to register only in his region. A temporary registration in this case replaces a permanent one.

How to open an individual entrepreneur in another city without registration?

In this context, two options can be considered: registration by temporary registration in the host city or at the place of permanent registration, but remotely. An entrepreneur registered in one of the regions of the Russian Federation has the right to work in any of its territories, but he is prohibited from opening branches and divisions.

Registration of an individual entrepreneur by temporary registration

This option is relevant for persons who have arrived from other regions and have withdrawn from permanent registration. In the first case, you will have to cancel your permanent registration and get a temporary one. The presence of a valid stamp plus a temporary registration sheet cancels the opportunity to undergo the procedure in a non-hometown. The rest of the procedure is similar to the usual one.

Collection of documents (copy of the passport, if issued earlier).
Payment of state fees.
Filling out an application for registration.
Transfer of the entire package, including the receipt of payment of the duty and a statement, to the tax office at the address of temporary registration.

The notification of tax registration is sent by mail or delivered in person (everything, as in the case of permanent registration).

Remote registration of individual entrepreneurs in your region

Another option for registering an individual entrepreneur is registering in your home region while staying in another. In this case, the transfer of documents to the tax office is carried out remotely - by mail or via the Internet. But you can get ready-made documents in several ways.

Personally. You only need to come to the tax office once.
Through a trusted person. It will personally visit the tax office along with a notarized power of attorney or send you documents.

Working outside the region of registration is complicated by the fact that all information from funds, tax inspection, and other authorities comes to the mailing address specified in the application for registration as an entrepreneur. If the work is actually carried out in Moscow, and the registration was made in Bryansk, then all official mail will go to the Bryansk address. It is easier with counterparties - you can simply provide them with a valid mailing address, with the authorities it is difficult to do this.

What to do if the individual entrepreneur has changed the registration address?

In accordance with the provisions of Ch. VII.1 of Law 129-FZ, all changes in the registration data of an individual entrepreneur must be immediately reflected in the registration register of the USRIP. When changing the address of permanent or temporary registration, the entrepreneur is obliged to independently notify the tax office of the changes that have occurred by submitting an application in the form R24001. Re-registration of an individual entrepreneur when changing registration takes no more than 5 working days from the date of application. After making changes, a notification is issued with updated information - an extract of their USRIP with a new address.

If only the place of residence changes within the region of registration, and the registration remains the same, then no changes need to be made - the entrepreneur can safely continue working. Changing your registration to another region does not require you to go through the registration procedure again. But the emergence of a new taxpayer may attract undue attention from the Federal Tax Service - an individual entrepreneur such as a newly registered one does not fall under the tax holidays.

Will the change of registration cancel the IP registration?

Changing the registration address of a citizen does not cancel his registration as an individual entrepreneur, but in order to continue working, you will have to notify the tax office. There is no need to collect documents again and apply for a new address. It is only required to inform about the registration at the new address. They will make changes to the registration data, the entrepreneur will keep his TIN and OGRN, but he will be registered at the new address even if he moves to another district or region for a different tax office. In the latter case, the inspector forwards the registration file to another unit.

Whom else is an individual entrepreneur obliged to notify when changing a residence permit?

Registration of an individual entrepreneur plays the role of a legal address for him, therefore, when changing it, it is imperative to notify the counterparties - clients and partners. Funds - FIU, FSS and MHIF do not need to notify about this. This will be done by the tax authorities who update the business register.

They can refuse to make changes to the USRIP if they provide false information. All information provided is carefully checked.