How to open an individual entrepreneur using temporary registration? This question is asked by many who want to open an individual entrepreneur who live or operate outside their place of permanent residence. You can open an individual entrepreneur with permanent registration or temporary registration, but there are certain nuances that you need to know first:
- Opening an individual entrepreneur with temporary registration is possible only if there is no permanent registration stamp in the passport. The passport must not have a stamp with registration or must have a mark - removed from registration.
- If your passport contains a stamp with registration, then you can open an individual entrepreneur only at the tax office at your place of registration, regardless of the place of temporary registration.
To open an individual entrepreneur with temporary registration, you will need to prepare the following set of documents:
- Fill out an application in form No. P21001 (you must first select the appropriate OKVED codes for your type of activity, you can select the codes in our OKVED classifier or use ready-made sets of codes);
- Choose a taxation system and prepare an application for transition to the simplified tax system in 3 copies. (the article will help you choose a system: Choosing a tax system ; or use a patent taxation system);
- Make a copy of your passport (the page with the photo, the page with the last place of registration and deregistration, plus you need to make a copy of the next blank page to confirm the absence of permanent registration);
- Make a copy of the temporary registration;
- If you have a TIN, make a copy;
- Pay a state fee of 800 rubles.
This set of documents must be submitted to the tax office, and after 3 business days from the date of filing, if the documents are completed correctly, receive ready-made registration documents from the tax office.
On the fourth working day from the date of submission, you will receive the following documents:
- TIN certificate (issued if you have not been issued one before);
- Notification of registration with the territorial tax office at the temporary registration address;
- Notification of the transition to a simplified taxation system (if this application is submitted);
- Entry sheet in the Unified State Register of Individual Entrepreneurs.
If you mistakenly filled out applications or provided an incomplete set of required documents, you will not be able to open an individual entrepreneur the first time, because The tax office is very demanding and will refuse you. The written refusal will contain a detailed description of the mistakes made, which will allow them to be corrected the next time you submit. Also, with the refusal received, you can contact the management of the tax office for more detailed information, consider the mistakes made and other reasons for which the refusal was issued.
Registration as an individual entrepreneur is carried out at the place of his residence. Such a link is necessary in accordance with Art. 8 of Law No. 129-FZ. The only official confirmation of place of residence is a 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? We'll figure it out together.
Do you need registration to open an individual entrepreneur?
The above law regulating the state registration of legal entities and entrepreneurs does not directly refer to the mandatory presence of registration. But tax registration is carried out at the place of residence. Only registration confirms it - nothing else has been invented yet. On the one hand, this makes life difficult for those businessmen who do not have registration. On the other hand, it simplifies it for authorities and contractors - the individual entrepreneur does not have a legal address where they can contact. This role is fulfilled by registration. This is why you cannot 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 temporary registration?
The law allows the registration of entrepreneurs with temporary registration if one of the following conditions is met.
- Absence of a registration stamp in the passport (generally a blank page).
- Availability of a deregistration stamp.
If permanent registration is recorded in the passport, then an individual entrepreneur will be able to register only in his region. Temporary registration in this case replaces permanent registration.
How to open an individual entrepreneur in another city without registration?
In this context, two options can be considered: registration using temporary registration in the city of residence 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 territory, but he is prohibited from opening branches and divisions.
Registration of individual entrepreneurs with temporary registration
This option is relevant for persons who arrived from other regions and were removed 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 will cancel the opportunity to undergo the procedure in a non-hometown. Otherwise the procedure is the same as usual.
- Collection of documents (copy of passport, if it was issued previously).
- Payment of state duty.
- Filling out an application for registration.
- Transfer of the entire package, including the duty payment receipt and application, to the tax office at the temporary registration address.
Notification of tax registration is sent by mail or delivered in person (everything is the same as in the case of permanent registration).
Remote registration of individual entrepreneurs in your region
Another option for registering as an individual entrepreneur is registration 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. They will personally visit the tax office along with a notarized power of attorney or send you the documents.
Work outside the region of registration is complicated by the fact that all information from funds, the tax office, and other authorities comes to the postal address specified in the application for registration as an entrepreneur. If the work is actually carried out in Moscow, and registration is made in Bryansk, then all official mail will be sent to the Bryansk address. It’s easier with counterparties - you can simply provide them with a valid postal address, but this is difficult to do with authorities.
What to do if the individual entrepreneur has changed his 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 Unified State Register of Individual Entrepreneurs. 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 on form P24001. 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 with updated information is issued - an extract from the Unified State Register of Individual Entrepreneurs with a new address.
If only the place of residence within the region of registration changes, but the registration remains the same, then no changes need to be made - the entrepreneur can safely continue to work. Changing your registration to another region does not require repeating the registration procedure. But the appearance of a new taxpayer may attract undue attention from the Federal Tax Service - such an individual entrepreneur as a newly registered one is not subject to tax holidays.
Does a change of registration cancel the registration of an individual entrepreneur?
Changing a citizen’s registration address does not cancel his registration as an individual entrepreneur, but in order to continue working, he will have to notify the tax office. There is no need to collect documents again and submit an application to a new address. You only need to notify about registration at the new address. Changes will be made to the registration data, the entrepreneur will retain his TIN and OGRN, but will be registered at a 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 department.
Who else is the individual entrepreneur required to notify when changing his registration?
The registration of an individual entrepreneur plays the role of a legal address for him, so when it changes, it is imperative to notify counterparties - clients and partners. Funds - Pension Fund, Social Insurance Fund and Compulsory Medical Insurance Fund do not need to be notified about this. This will be done by tax officials who update the business register.
Changes to the Unified State Register of Individual Entrepreneurs may be refused if false information is provided. All declared information is carefully checked.
There are cases when individuals want to become an individual entrepreneur, but are located in another city or region other than their place of registration. Therefore, the question immediately arises of how to register an individual entrepreneur not at the place of registration, but at the place of residence. To find out, you need to touch on some regulations that regulate this issue. In general, according to current legislation, registration of individual entrepreneurs should occur only at the place of permanent registration. But if you approach this problem from the point of view of all existing laws, then you can find the opportunity to register when a person is in another city other than his place of registration, or without it at all. This also applies to issues related to opening branches of individual entrepreneurs.
According to current legislation, state registration of an individual entrepreneur is carried out at the place of his registration. This is done in order to tie the entrepreneur in paying taxes and other payments for his business activities to a certain tax office and various state funds. It is also a control to ensure that there is no evasion of mandatory payments. Even if the entrepreneur plans to open many branches in different cities. Therefore, the future individual entrepreneur is obliged to contact the tax office at his place of registration, which almost always corresponds to his place of residence. But there are cases when a person changes housing, or he specifically comes to another city for the purpose of doing business without creating a legal entity. Despite the strict registration conditions, there is a way out of any situation that arises. 
Methods for registering an individual entrepreneur if a person is not at his place of residence
Despite the fact that the state requirements for registering an individual entrepreneur are quite strict, it can be opened in another locality, and at the same time successfully carry out its activities, paying taxes and other mandatory fees. But for this you need to understand some subtleties.
There are such situations:
- a person who wants to open an individual entrepreneur and do business in a certain region of our country has a place of residence and registration in another region or locality, and he does not have the opportunity to go to his place of registration to do everything according to the law;
- a person who wants to become an individual entrepreneur does not have permanent registration, or changes his place of residence, but has a desire to engage in business.
Of course, the situations are not standard, but each has legal solutions, and they will be discussed below.
Some future businessmen decide to conduct their activities at their new place of residence, where, in their opinion, the conditions are better. But they understand that they need to go to where they are registered, and sometimes there is not enough time for this. There are three ways to resolve this issue.
- You can collect all the necessary documents, then write a statement indicating that the person is in another city, and send it all by registered mail with a list of the contents to the tax office. In this case, the tax office will have to register the individual entrepreneur and give a response also by mail.
It is important to understand here that, despite the fact that the activity will be carried out in another region or locality, taxes and other mandatory payments will need to be made to the accounts of the tax and state funds where the documents were prepared.
- Another way is that a future entrepreneur who is located in another locality can give a power of attorney to his friend, acquaintance or relative who lives in the place of registration of the future businessman, so that the latter can register an individual entrepreneur without his participation, but on behalf of him. Such a power of attorney must be notarized and certified only by a notary. There is no other way. This is the best way to register a private entrepreneur without personal presence.
- There are many lawyers and law firms that have branches and operate in various cities and other localities. Their location can be found on the Internet, or from various commercials on television and other media. Almost all branches of such law firms are engaged in registration of individual entrepreneurs in all constituent entities of the Russian Federation, and you can rely on them as professionals. It follows from this that any person who decides to carry out entrepreneurial activities can seek legal assistance from such branches, enter into an agreement for the provision of assistance and entrust the registration of entrepreneurship to professional lawyers.
It is important to understand that, thus, as stated above, you can make any changes to the documents, opening and closing the types of activities of an individual entrepreneur. These three methods can be used in the case when there is a change of residence of the entrepreneur.
Registration of individual entrepreneurs when there is no registration at all
There are cases when a person wants to become an individual entrepreneur, but he does not have permanent registration at all. These are rare cases, but they still happen; there is also a way out of this, and you need to adhere to the following algorithm of actions:
- first of all, you need to temporarily register in the locality where the individual lives, this will not be difficult, and you just need to contact the FMS;
- After temporary registration has been received, you need to find out the tax authority that services the person’s residence address, and go to where you need to submit the appropriate application and submit the necessary documents.
It is important to know that the temporary stay of a person, a future entrepreneur, in a particular locality cannot become a problem in obtaining a temporary residence permit and subsequent registration with tax and state funds as an individual entrepreneur to carry out business activities.
For this case, you can also use postal services, issue a notarized power of attorney, or contact any branch of a law firm.
You also need to remember that if an entrepreneur who started his activity with a temporary registration has questions related to changes in his activities, or he decides to open a branch in another location, he will be tied to the tax authority where all the primary documents were drawn up.
Registration of a patent
The patent system, which provides preferential taxation, has some subtleties associated with the following problem. Those entrepreneurs who have received a patent must submit reports on the implementation of their activities to the body that issued it. And, as you know, such a permit is issued at the place of business, even if the businessman is registered in another region or locality. This also includes the functioning of branches, which also provide services in permitted types of activities.
To ensure that individuals do not have many questions regarding registration of patents, if they do not have registration at all, want to carry out permitted activities not at their place of residence, or open their own branch with hired employees, we can say the following. Everything can be arranged in the ways indicated above. Postal correspondence, execution of a notarized power of attorney, or the assistance of a competent lawyer will help here.
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One of the ways to realize the goals that any person has is to start a business. In Russia, all conditions have been created for the rapid and comfortable formation of new units of the business world. You can usually register at your place of residence. But is it possible to formalize and register an individual entrepreneur using temporary registration? This issue needs to be sorted out by every entity that does not have permanent registration, for example, a foreign citizen.
What is entrepreneurship and who can become an individual entrepreneur?
Entrepreneurship is an independent, often risky activity associated with the production of certain social or economic benefits for society and the receipt of income (profit) for this. An individual entrepreneur is an individual who has passed the state registration procedure provided for by state legislative acts.
On the territory of the Russian Federation, only an individual who has reached the age of eighteen (the age of majority) can become a full-fledged individual entrepreneur. Moreover, this person may be:
- a citizen of Russian Federation;
- citizen of another foreign country;
- Stateless persons are subjects who have not received the citizenship of a particular state.
An important point is that a future individual entrepreneur can register only at his place of residence (registration). The Constitution of the Russian Federation states that a foreigner can become an individual entrepreneur, and he has the same rights and responsibilities as a citizen of the Russian Federation. But what then should be done with the place of residence of a foreigner who does not have a residence permit in Russia? In this situation, only registration of an individual entrepreneur for temporary registration of a specific place of residence will help.
Why do you need a temporary residence permit?
A temporary residence permit or temporary registration at the place of stay is granted to persons who do not have a permanent place of residence. Such persons are:
- Russian citizens who moved from one region of the country to another;
- stateless persons;
- Foreign citizens.
For Russians and foreigners, a temporary residence permit has the form of a stamp, which is placed in a document that identifies its owner. But for stateless persons, such permission may take the form of a separate document. Please note that a residence permit is a document that confirms the right of its owner to reside indefinitely in Russia.
Opening an individual enterprise with temporary registration
The legislation of the Russian Federation does not provide for special requirements for persons without registration during events related to the registration of an individual entrepreneur.
Therefore, before opening an individual entrepreneur with temporary registration, you need to collect a package of documents. This registration package includes the following documents:
- Statement expressing the will of an individual to be registered with the local tax authorities as an individual entrepreneur. The application is form P21001.
- Application for the taxpayer’s transition from the general taxation system to a simplified or patent one. This document must be submitted to the tax office in two copies. One will be returned to you in the future after receiving the already registered documents.
- Paid receipt of state duty. It has an official fixed size, which is equal to eight hundred rubles.
- Passport and its photocopy. Remember: if you are going to send documents for registration by mail, then in this case photocopies of the most important pages of the passport must be stitched together and notarized.
- Original and copy of the tax payer identification code of the Russian Federation. If you have lost, do not have or do not know your TIN, then the Federal Tax Service of the Russian Federation has made sure that you can correct this situation quickly and completely free of charge. A new service has recently appeared on the official website of the Russian Federal Tax Service. While at home, online you can get advice from tax inspectors on all issues that interest you, download the application forms, receipts, forms you need, and also receive or.
- In some cases, registration of an individual entrepreneur under temporary registration is impossible without obtaining documents confirming that the person applying for state registration as an individual entrepreneur has no criminal record. This measure is provided only for those persons whose business activities cannot be carried out without obtaining all the necessary permits.
A temporary residence permit is granted to foreign citizens for exactly three years. This document obliges its owner to register at the address that is his place of residence. Only Belarusians can bypass this procedure and begin obtaining a residence permit.
Important: if you are a foreign citizen and have received a temporary residence permit in the Russian Federation, then you must register annually with the local internal affairs authorities. It is prohibited to change your place of residence without permission. If you do this, you risk losing your temporary residence permit.
Special cases
As already mentioned, an individual can register as an individual entrepreneur only at his place of residence. But what to do if you want to register an individual entrepreneur in another region. For example, you have a residence permit in the city of Orel, but want to do business in Moscow, the capital, which should bring you more clients and profits. In this case, you need to obtain registration at your place of residence in Moscow, otherwise you will be denied state registration of an individual entrepreneur.
An individual entrepreneur does not have the right to open branches or representative offices, since he is not a legal entity. He is obliged to register his business activities at his place of residence, but whether to register with the local tax authorities or not to do so - the answer to this question depends only on the taxation system you have chosen.
Patent system: main issues
If you have chosen one of the types of simplified taxation system - patent, then in order to engage in individual entrepreneurship in a region different from your place of residence, you will have to apply for a patent for one year at the place of your current residence and implementation of activities. If you have issued a patent in one region (city, region) and before its expiration date you decide to move to another place, then you will have to obtain a new patent in the new place.
Until 2014, entities located on UTII, when changing the place of carrying out their business activities, had to register with local tax authorities again. Starting this year, this measure has become voluntary. If you are on the general tax system or on the simplified tax system, then after changing the place of business you do not need to register with local tax authorities, since all taxes and fees you pay go to the budget of the region in which you were registered as an individual entrepreneur. The transition to simplified forms of tax collection is welcomed by many entrepreneurs, since in this way you yourself reduce your own tax “burden”.
Registration process
Registration of an individual entrepreneur in another city takes place according to the rules and requirements specified in 129-FZ. You receive a new registration, residence permit, temporary residence permit and go with the documents prepared for registration to the local authorities of the Federal Tax Service of Russia.
Please note that an application for state registration of an individual as an individual entrepreneur can be submitted to the tax authorities in several ways:
If you chose the first three methods, then in order for the document to be drawn up in accordance with the law, you will have to not only draw it up correctly, but also have it certified by a notary office. The situation is the same with the statement about the transition to “simplified language”. If you decide to ignore this rule, your documents will be returned without registration.
Certain points when opening an individual entrepreneur
Certification of documents is a necessary procedure if you are not submitting them to the tax office personally. It costs from 20 rubles per copy of the document.
If you are engaged in individual entrepreneurship in a city in which you are not registered as an individual entrepreneur, then it is a good idea for you to have a bank account. Its presence greatly simplifies the procedure for paying all necessary insurance premiums. It is also convenient to carry out financial transactions with your counterparties in amounts over one hundred thousand Russian rubles through a current account. This is especially important if your partners and clients are located at a considerable distance from you, and you cannot pay them in cash. You can choose a bank that is convenient for you in any region of Russia, regardless of your place of registration at your place of residence and as an individual entrepreneur.
The presence of a seal in this case can play an important role. Regardless of what region and on what basis you carry out your business activities, take care of the timely execution of a current account and stamp.
When an individual entrepreneur has a permanent residence permit, he is required to register at this address. This is the requirement of the legislator.
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What to do if a businessman does not have any registration at all? For example, he canceled his registration at his previous place of residence, but has not yet registered at his new address.
Legislation
This issue is regulated by the Civil Code of the Russian Federation, which determines.
Among other things, it establishes that its creation is permissible only at the place of permanent registration.
An appeal to the Tax Service for temporary registration is possible if he does not have a stamp in his passport or if there is a mark “deregistered”.
The procedure for entering information about a new individual entrepreneur into the Unified State Register of Individual Entrepreneurs is regulated.
The amount for performing registration actions is approved in the Tax Code of the Russian Federation.
Requirements for an entrepreneur
So, a person who meets the following requirements can open their own business:
- fully capable;
- has reached the age of 18 years;
- not registered in the state or municipal service;
- having Russian citizenship;
- a foreigner whose right to reside in the Russian Federation is documented.
Another requirement is permanent or temporary registration. This condition is due to the fact that individual entrepreneurs do not have a legal address, unlike companies. It cannot be identified geographically.
This provision is unacceptable, therefore, in order to register, it is necessary to obtain at least temporary registration.
Registration of individual entrepreneurs without registration
Registration of individual entrepreneurs without registration is not allowed. Assignment of special status or permanent registration is possible.
Otherwise, the applicant will receive a refusal from the registration authority.
When submitting documents for registration of an individual entrepreneur, among others, a document must be submitted that confirms the place of registration of the future businessman, if such information is not contained in the passport.
Is it possible?
Registration of an individual entrepreneur without registration is impossible by law. In order for information about an entrepreneur to be entered into the Unified State Register of Entrepreneurs, it is necessary to obtain at least temporary registration.
By the way, some applicants use this opportunity in the process of creating their own business.
According to civil law, future individual entrepreneurs are required to undergo the registration procedure at their place of permanent residence.
At the same time, they have the right to conduct activities throughout the entire territory of the Russian Federation. Difficulties often arise due to the fact that the applicant does not have the opportunity to return to his hometown to undergo the procedure.
In this situation, only those persons who do not have permanent registration (a stamp in their passport) can take advantage of the opportunity to register at their place of temporary residence.
If a future entrepreneur wants to avoid the need to return to his hometown for registration, then he needs to be deregistered, and a corresponding note will be made in his passport.
After arriving in a new city, he simply receives a temporary residence permit and registers at this address.
In another region
If an entrepreneur has a residence permit in another region, he can submit documents for registration as follows:
- personally contact the tax service at your place of permanent residence;
- provide data through a representative;
- send documents and applications by mail;
- submit registration information electronically.
So, if a future individual entrepreneur wants to use the services of a representative or send documents by mail, then he needs to contact a notary to certify the signature on the application.
Please note that in the latter case the registration period will not be 3 working days. To this period it is necessary to add the time for sending information. It is permissible to obtain a completed certificate in the same way.
You can submit documents electronically in person if the applicant has an electronic signature.
The formation of a package of information is carried out in a special program, which can be downloaded on the official website of the Federal Tax Service. The finished product can be presented in paper or electronic form.
If the applicant does not have an electronic signature, then he has the right to contact a notary, who certifies the documentation with his signature and submits it to the tax authority.
Registration procedure
consists of the following steps:
- formation of a package of documents for transmission to the tax service;
- payment of state duty;
- filling out an application;
- contacting a notary to certify the application, as well as a power of attorney (if necessary);
- transfer of documents to the tax service in person, through a representative or remotely.
The last stage is to receive a ready or refused notification of individual entrepreneur registration in person, through a representative or remotely.
Where to contact?
So, we present the basic rules for determining the tax service that will be authorized to register an individual entrepreneur:
- if there is a permanent registration - to the tax service at the place of permanent registration of the individual;
- when there is no permanent registration, but there is a temporary one - to the tax service at the place of temporary registration of the individual;
- if there is a permanent and temporary registration - to the tax service at the place of permanent registration of the individual;
- creation of an individual entrepreneur without registration at the place of residence - the tax service will issue a refusal.
Taxation methods
When applying special taxation regimes, difficulties may arise in determining the tax service to which an individual entrepreneur is obliged to submit reports if he operates at a location other than his place of permanent registration.
Currently, there are 5 systems, one of which an entrepreneur can choose for himself:
- OSNO;
- UTII;
- Unified Agricultural Sciences;
If a businessman has given his preference to OSNO, simplified tax system or unified agricultural tax, then the tax service at the place of permanent registration will control his financial activities. It is to her that he will submit declarations.
At the place of permanent registration, the businessman will pay taxes, as well as contributions to extra-budgetary funds.
When an entrepreneur chooses UTII as the tax regime, he is required to submit documents for registration with the tax service at the place of business.
In this case, he will pay payments to the Pension Fund at the place of permanent registration. He will also pay contributions for employees at the place of business.
The legislator has provided exceptions to the rule of registering as a UTII payer.
Thus, if an entrepreneur is engaged in the provision of motor transport services for the placement and transportation of advertising or in distribution or retail trade, then he is registered at his place of permanent residence. He submits reports and declarations to the same tax office.
A patent is acquired at the place of actual activity.