Registration of individual entrepreneur at the place of temporary residence. Registration of individual entrepreneurs by temporary registration. There is no registration stamp in the passport

The registration system in Russia has been abolished, but registration has replaced it. All citizens must register at their place of residence, and in case of long trips to another area, register at their place of stay. But what if you have the status of an individual entrepreneur? Let's talk about whether it is possible to register as an individual entrepreneur using temporary registration.

Any state is interested in ensuring that its citizens are employed. Individual entrepreneurship is a form of self-employment of the population and is supported by government agencies.

It is possible to register as an individual entrepreneur with temporary registration, but such registration is not allowed for everyone.

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

Federal Law No. 129-FZ dated 08.08.2001 establishes the rule - citizens wishing to obtain the status of an individual entrepreneur must register at their place of residence. The reason for this procedure is that the individual entrepreneur does not have a legal address.

However, not all citizens in Russia have their own housing. If a person does not have permanent registration, then he has the right to register an individual entrepreneur at his place of residence. If he has a permanent residence permit, but has temporarily moved to another region and registered, he will be denied registration.

If the applicant is in another city

If a citizen has registered an individual entrepreneur at his place of residence and moved to another city, he will not have any problems. He has the right to conduct business throughout the country. In such a situation, reports are submitted and taxes are paid at the place of registration.

Problems arise when a citizen who has arrived for temporary residence has just decided to open an individual entrepreneur, since he is obliged to register at his place of permanent residence. Technically and financially, it can be quite difficult to carry out such registration, having arrived in your hometown for this. But this procedure can be carried out remotely:

using the services of a representative:

using the Internet;

by sending a package of documents and an application via Russian Post.

Registration through a representative

A representative is a person who has the official right to act on behalf of his principal. This right is formalized in the form of a power of attorney, which must be certified by a notary. A citizen who has such a power of attorney can replace the principal when registering an individual entrepreneur.

The documents collected by the future entrepreneur to obtain individual entrepreneur status are sent to the representative by registered mail, who goes through the registration procedure. After submitting the necessary papers, an individual entrepreneur certificate is issued after 5 days. In this case, the citizen has the right to legally carry out business activities.

The disadvantages of registering through a representative are the need to pay for notary services and significant time spent on sending documents.

Registration via the Internet

Opening an individual entrepreneur via the Internet requires the citizen to have an electronic digital signature (EDS), whose key has not expired. Obtaining this signature will require additional time and finances, but it allows you to submit documents to the registration authority from any region of the country.

Note!

To go through the procedure, you need to go to the State Services portal or the official website of the Federal Tax Service, fill out all the necessary document forms, affix them with your digital signature and wait for official registration.

The advantages of this method are obvious - you can register an individual entrepreneur without involving third parties. The disadvantage is the additional cost of time and money to purchase an electronic signature. However, if the activity is carried out outside the place of registration, such a signature will still have to be purchased, it will need to be used to seal the reports submitted at the place of registration.

Sending documents by mail

There is also the possibility of registering an individual entrepreneur using mail. All necessary documents must be sent to the registration authority by registered mail with acknowledgment of receipt. The application should indicate that the completed certificate must be sent to the specified address by registered mail.

Unfortunately, the work of the post office raises quite a lot of complaints, both in terms of the speed of delivery of correspondence and its safety. But registered letters are usually not lost. Their passage is controlled along the entire route. However, such control further increases the delivery time of the letter. We recommend this method in cases where it is not possible to solve the problem you are facing by other means.

Note!

When sending documents by registered mail, be sure to make an inventory of the attachment.

If you have moved to another city, you need to submit an application to the tax authority to change your individual entrepreneur registration data. You will be deregistered at your old place of registration and registered at your new address. From this moment on, reports should be submitted to another branch of the Federal Tax Service.

If your registration has not changed, you need to register at your place of residence only if you pay taxes on imputed income; you will pay other taxes at your place of residence.

Is it possible for a foreigner to register an individual entrepreneur using temporary registration?

All foreigners who are in Russia legally have, for the most part, the same rights as citizens of our country. Restrictions apply to the right to participate in elections and hold certain positions in the public service.

Note!

These restrictions do not apply to business activities, and a foreigner can obtain the status of an individual entrepreneur in the manner prescribed by law.

If you still have questions on this topic, we recommend that you seek advice from our experienced lawyers who will advise you on the course of action in your situation.

Current legislation provides for two forms of registration of citizens - permanent and temporary. There are also concepts such as place of residence and place of stay. In other words, permanent registration is a stamp in the passport indicating the address, temporary registration is a certificate that is issued to a citizen. These concepts have differences and affect other legal procedures, including registration of individual entrepreneurs.

Where to open an IP

Federal Law No. 129 determines that it is possible to register the status of an individual entrepreneur only at the place of permanent registration. The norm is imperative. If the rule is not followed, the applicant will be denied registration and business activity.

Interesting! The fundamental relation to the place of residence of an individual entrepreneur is due to the fact that he does not have a legal address. Such measures may serve the legislator to take action to prevent problems with finding an entrepreneur.

If the applicant has a stamp in his passport indicating his place of residence, then he must contact the tax office based on this information. Otherwise, he will be denied registration. For those citizens who do not have such a mark in their identity document, the opportunity opens up to contact the public service at the place of temporary registration. Only in this case is the exception recognized as legal.

If an entrepreneur has temporarily changed his place of residence, this rule does not apply to him.

Registration procedure

In the process of opening an individual entrepreneur to conduct legal activities, a package of documented data is transferred to the tax service. The legislator stipulates that information about the place of registration must be indicated either in the passport or in an additional act. This information is duplicated in the application - in the “place of residence” column.

Important! Restrictions on the place of registration do not affect the right to conduct business activities in the country.

When moving to a new city, an individual entrepreneur, as an individual, is required to obtain temporary registration at the address, but not change the permanent one. This fact will not affect the businessman’s obligation to make and submit reporting information to the authorities at the place of permanent registration. Individual entrepreneurs will make mandatory payments in the same way as before.

Restrictions on the place of registration are approved only for entrepreneurs. The rules do not apply to legal entities. It is possible to open an LLC or OJSC anywhere, regardless of the stamp in the founders’ passport.

If the applicant is in another city

The question of registration at the place of temporary registration arises for a person who has changed his place of residence and is staying away from his native locality. According to the law, the applicant must come to the place of permanent residence, hand over documents, wait for a decision and only then return to carry out activities. It is possible to register an individual entrepreneur in this way, but not for every person.

There is another solution - to transmit documented information remotely:

1. through a representative;
2. through the Internet;
3. by mail.

Registration through a representative

Registration through a representative is permissible if there is a notarized power of attorney. The procedure is identical to what applicants go through in person:

1. Collection of acts;
2. Submission of documented information and applications to the tax office;
3. Obtaining a completed certificate for conducting activities.

In total, it will take 7 days to complete all stages. A representative will carry out the procedures for the applicant. The third party may be a professional lawyer or a citizen without special knowledge of the law.

The applicant must draw up a power of attorney and contact a notary for certification. There, the future individual entrepreneur confirms the authenticity of the painting on the application. Then the state fee is paid.

The finished package with information is sent by registered mail to the representative. When transmitting information to a tax inspector, a third party hands over a passport and power of attorney. After 5 working days, the representative is given a certificate, which he sends to the individual entrepreneur. From this moment the activity becomes legal.

The advantage of this method is the ability to carry out the registration process remotely. Disadvantages - additional costs for notary services, significant time spent on delivery of acts and the finished certificate.

Registration via the Internet

There are two ways to register via the Internet - full and incomplete. In the second case, the applicant sends only the questionnaire. Then the future individual entrepreneur personally appears at the tax office to transfer the documents and receive a certificate.

For complete registration and subsequent conduct of activities, documents are sent to the public service in the form of electronic documents with an electronic signature (electronic digital signature).

Important! At the time of generating and submitting the application, the EDS key must not have expired.

There are two ways to register an individual entrepreneur via the Internet:

1. Through the Unified Portal of State Services;
2. Through the official website of the Federal Tax Service.

The procedures are identical and differ only in that a special personal identification system has been developed for the Unified Portal. Going through this process will require additional time.

The advantage of registering online is the ability to quickly make an application in a convenient place. The user saves energy and time.

Disadvantages – additional costs for digital signature. If subsequently the activity will be carried out not in your hometown, then this purchase is a necessity. An electronic digital signature will be needed when generating accounting and tax reports, because the individual entrepreneur is required to submit them at his place of permanent residence.

Sending documents by mail

You can submit a complete set of documented information to the tax office by registered mail with notification.

The applicant must complete the following steps:

1. Collect documented information;
2. Send by registered mail.

He will also be able to receive the completed certificate by mail. The disadvantage of this method is the duration of the procedure. The applicant will be able to become the owner of a certificate of official registration only when news from the tax office arrives at the address. The work of the Russian Post cannot be called ideal, but this option has to be used if there is no other choice.

The advantage of this method is accessibility. You can receive a letter with a certificate in any corner of the country.

Change of address of the entrepreneur

If an individual entrepreneur has changed his permanent residence address, he must go through the procedure of changing registration data. As a result, he is deregistered with the tax office and the case is sent to another government service at the place of business.

In the case when an entrepreneur temporarily changes his address and registers at his place of residence, these actions are not performed. He is required to register for tax purposes only if the tax regime is UTII. Other reports and payments are made at the place of permanent registration.

Every citizen who has expressed a desire to start their own business can apply for registration as an individual entrepreneur without any restrictions. Currently, all conditions have been created in Russia for the quick and comfortable implementation of this right, regardless of place of residence and registration.

According to the Law “On State Registration” Federal Law No. 129, registration of individual entrepreneurs is carried out at the place of residence of the entrepreneur. But what about citizens who, for example, are registered in Saratov, but plan to carry out business activities in Moscow? The same problem also applies to foreign citizens, who can also register individual entrepreneurs and LLCs in Russia.

Where to register an individual entrepreneur if there is a permanent (temporary) registration?

A citizen who has permanent residence in one city and wants to carry out business activities in another is required to register with the tax authorities at the place of permanent residence. At the same time, the personal presence of a citizen at the local authority of the Federal Tax Service is not necessary; documents for opening an individual entrepreneur can be sent by mail or through a representative with a power of attorney.

The Federal Tax Service's authority reviews the documents within the established time frame and also notifies in writing of the results, supporting the letter with a certificate of registration of an individual as an individual entrepreneur or a refusal to register. If approved, an individual entrepreneur can operate in any locality in Russia.

The authority of the Federal Tax Service for submitting individual entrepreneurs’ reports is determined based on the taxation system it has chosen. If a general or simplified taxation system is used, then all reports and taxes must be submitted to the tax authority at the place of registration.

For UTII reports are submitted to the Federal Tax Service at the place of business activity. Thus, a citizen must also register with the tax authority at the place of business in order to submit reports there and pay taxes.

Is it possible to register as an individual entrepreneur without permanent registration using temporary registration?

Persons who do not have permanent registration have the right to register an individual entrepreneur using temporary registration, but only if its duration is more than 6 months. In this case, registration is carried out only at the inspection office in charge of which the citizen’s temporary registration address is located. Individual entrepreneur status will also be temporary until the end of the temporary registration period.

When registering an individual entrepreneur with temporary registration without permanent registration, tax reporting is submitted to the tax authority where the individual entrepreneur is registered. Tax deductions for UTII and PSN are paid to the tax authority at the place of business.

The legislation of the Russian Federation does not limit the ability of citizens to move freely throughout the country and exercise their rights. Therefore, regardless of the type of registration (permanent or temporary), individuals can, etc.

Documents for registration of individual entrepreneurs under temporary registration

Registration with a temporary registration if you have a permanent one does not cause any difficulties, since it uses a standard set of documents.

If a citizen does not have a permanent residence permit, but the individual entrepreneur is registered with a temporary one, three conditions must be met:

1. confirm the absence of permanent registration - provide the original and a photocopy of your passport;
2. present a certificate of temporary registration for a period of more than 6 months;
3. provide the tax authority with a package of documents:

• application in form P21001. In the “Place of residence” line, indicate your temporary residence address;
• receipt of payment of state duty. At the moment – ​​800 rubles;
• copy of passport - Russian or foreign (for foreign citizens);
• copy of TIN;
• a copy of the temporary registration certificate.

Registration process

The process of registration of individual entrepreneurs is subject to the rules and requirements of the same Federal Law 129 “On State Registration”. Based on the articles of the law, in order to open an individual entrepreneur, a citizen must obtain a temporary residence permit and apply to the local authority of the Federal Tax Service of the Russian Federation.

Documents for registration of individual entrepreneurs can be submitted to the Federal Tax Service as follows:

• personally;
• by Russian post;
• through a representative - these can be special companies providing intermediary services;
• by email.

Advice: If the last three methods of transferring documents are selected, then it is necessary to notarize a copy of the passport and the citizen’s application. Otherwise, you will be denied registration.

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.

Hello! In this article we will talk about ways to register an individual entrepreneur, provided that the founder does not have a residence permit at the place of business activity.

Today you will learn:

• Is it possible to open an individual entrepreneur without registration;
• How to open an individual entrepreneur using temporary registration.

The Civil Code of the Russian Federation defines place of residence as the place of permanent residence of an individual in any premises legally.

Registration is confirmation of a person’s presence at any address. It gives government authorities a guarantee that in the event of conflict or controversial situations, they will be able to find an entrepreneur at the specified address.

But what should those who do not have a stamp in their passport confirming their stay at their permanent location do? There is an exit.

Is it possible to open an individual entrepreneur with temporary registration?

Yes, you can. This is one of two ways to register an individual entrepreneur without a stamp in the founder’s passport at the place of business activity. And there really shouldn’t be a stamp in the passport.

If a businessman has a registration mark in any place, then he will not be able to open an individual entrepreneur. Are you ready to live without a permanent registration stamp in your passport? If yes, then let's look at the nuances.

Temporary registration – securing a person’s right to live in any residential area for a certain period. A temporary residence permit allows a person to use all necessary services at the place of stay: receive medical care, use educational services and much more.

The period of temporary registration is determined by you and the owner of the area to which you are “attached”. But if you purchased a temporary registration for a period of less than six months, you risk being refused.

Another important point. The individual entrepreneur will be registered for the period for which you were allowed to temporarily reside. As soon as this period expires, you will be deregistered.

Documents for registration of individual entrepreneurs without registration

Step 1. Prepare documents for registration of temporary registration at the place of residence of the founder of the individual entrepreneur.

These include:

• Passport (it should not have a registration stamp);
• The passport of the person who owns the living space where you will be assigned;
• Application from the property owner (will be provided to the tax office).

All these documents must be submitted to the tax office, and this must be done by the homeowner. Temporary registration is free.

Step 2. Registration of individual entrepreneurs.

To do this, collect the following set of documents:

• Your passport (a photocopy will also do, but it will need to be notarized);
• Receipt for payment of state duty (eight hundred rubles);
• , which is an application for registration of an individual entrepreneur. It consists of four sheets, please note that in it you need to indicate the type of activity of your individual entrepreneur according to the classifier;
• Application for transition to any (if this transition is carried out). If such an application is not completed, then you will be left on the main tax system. Other systems require written confirmation for mode changes;
• (here you need the original and a copy).

Step 3. A set of documents must be delivered to the tax office.

You can choose one of four delivery methods:

• Bring the documents yourself. This is the most reliable option, but at the same time the most time-consuming and labor-intensive;
• Transfer documents with a trustee, but in this case a notarized power of attorney will be required to allow you to be represented by a trustee at the tax office;
• Send documents by mail. In this case, the documents must also be certified by a notary;
• Use the online service of the Federal Tax Service of Russia.

If the business that the individual entrepreneur will carry out is of a licensed type or requires approval and permission, then you will also need to provide a certificate of no criminal record.

Thus, the process of registering an individual entrepreneur at the place of temporary registration is no different from the standard procedure for opening an individual entrepreneur.

Individual entrepreneur for temporary registration for a foreign citizen

An exception is made for foreign citizens who have received temporary registration in Russia.

In order to remain legally at the place of temporary residence and maintain the opportunity to carry out business activities at the place of registration, they must register annually with the Ministry of Internal Affairs. They cannot change their place of residence without permission from internal authorities, otherwise they will be deprived of registration.

Please note that individual entrepreneurs do not have the right to open branches or representative offices in other cities.

Registration at the place of registration

You may be registered, for example, in Nizhny Novgorod, but carry out your activities in Moscow. In fact, an individual entrepreneur can carry out its activities throughout the country. This will free you from the need to be discharged from your permanent place of residence.

If you choose this method, then you need to take into account the following points:

• If you choose to pay contributions to the state, then you will need to register an individual entrepreneur with the Federal Tax Service at the place of business. This is necessary so that the entrepreneur can pay tax. For example, if you registered an individual entrepreneur in Nizhny Novgorod, but sell your business in Moscow under the Patent regime, then you need to submit a request for a patent to the tax office at the place where the entrepreneur’s business is sold. At this point, you will already have the IP registration document in your hands. But there are exceptions. If you carry out transportation or trade activities with movement, then you do not need to register with the tax office at the place where the activity is carried out.

If, after applying and paying the tax at the place where the enterprise operates, you decide to move to another region, then you will have to pay the tax again in the region in which you will now carry out your activities.

• If the entrepreneur chose, or, then there is no need to submit an application to the tax office at the place of business. In this case, you will be registered only with the Federal Tax Service at your place of registration. You can carry out business activities in any region of the Russian Federation.

As for the documentation required for registration and the process of opening an individual entrepreneur, they are no different from the standard procedure described above.

Features you need to know about

If you carry out activities not at your place of registration, you need to start one at the place where you carry out your business activities. This will make it easier for you to pay your insurance premiums. In addition, we recommend carrying out all major transactions with your clients and partners through the account; it is convenient and safe.

Also take care of your organization. It will allow you to carry out activities without risk to you.

In the event that you do not submit documents to the tax office in person. You need to certify each sheet. This procedure is inexpensive, the cost of one sheet is on average 30 rubles.