It is also worth noting that there are a number of cases where it is possible to register a business not at the immediate place of registration, but in such a situation it is necessary to take into account that permanent registration is determined by the mark left in the citizen’s passport. If the passport does not have any registration stamp, then in this case, along with the application, you need to submit a document confirming the presence of a temporary place of residence, and if you have such a document, you will be able to register yourself as an individual entrepreneur at the place of temporary residence. How to open an individual entrepreneur not at the place of registration In order to open your business not at the place of registration, you first need to obtain temporary registration in the locality where the person physically lives, and in such a situation it is quite enough to simply contact the nearest branch of the migration service.
Is it possible to open an IP using temporary registration?
Clause 1 of the Decree of the Government of the Russian Federation dated July 17, 1995 N 713 “On approval of the Rules for registration and removal of citizens Russian Federation from registration records at the place of stay and at the place of residence within the Russian Federation and the list of officials responsible for registration”, the obligation to register at the place of residence is established. Thus, you either need to register at your permanent place of residence in Kostroma, or open an individual entrepreneur at your place of registration in Krasnoyarsk.
It is possible to provide the necessary documents for individual entrepreneur registration by registered mail. But in this case, even if you conduct business in another region, you are required to report to the tax office at the place of registration (except for cases of paying UTII).
Today, many people open private entrepreneurship, seeing in this the prospect of improving own life, but not everyone initially understands what problems can be encountered when running their own business. First of all, many people do not think about tax issues, trying to open own business where it is most profitable.
Attention
When does it turn out that tax reporting need to be provided where the private entrepreneur is registered, it becomes quite inconvenient to conduct his business, since constantly traveling to his place of work and residence is not very convenient. That is why many are trying to find out how to open an individual entrepreneur not at their place of registration and whether this can be done in principle.
Is it possible to open a private enterprise without registration?
Info
Without a residence permit, you can register an individual entrepreneur only if the following conditions are met:
- The passport either must have a blank page or must have a stamp “removed from registration”, i.e. there should be no registration at all. This is the first condition;
- the second condition is if you have temporary official registration in Moscow.
This is a general rule.
Important
But there are various options, in particular, the following:
- If you have permanent registration of residence in the region, but do not have any registration in Moscow, but would like to carry out activities in the capital. If you are already in Moscow, then send required package documents for registration at your place of registration, i.e.
to the region. You can also instruct a trusted person, on the basis of a notarized power of attorney, to carry out the registration procedure.
How to register an individual entrepreneur in Moscow if registered in another city?
The Civil Code in this sense is expressed quite briefly: “The place of residence is the place where the citizen permanently or primarily resides.” Law No. 5242-1 “On the right of citizens of the Russian Federation to freedom of movement” gives a more detailed interpretation:
- place of residence - a hotel, sanatorium, medical organization or other institution where the citizen resides temporarily;
- place of residence - a residential premises in which a citizen permanently or primarily resides as the owner or under a rental agreement, and where he is registered.
It is clear that no one will register a business at the address of a hotel or hospital, then to whom does the indication of the place of stay in the P21001 form apply? IN in this case it's not about Russian citizens, but about foreigners or stateless persons.
Is it possible to register an individual entrepreneur in another region?
- Submit an electronically signed application P21001 through the Federal Tax Service website. You will also receive a response from the tax service electronically.
- If you do not have a personal electronic qualified signature, you can contact a notary, who will send your application P21001 to the registration inspectorate, certifying it with your electronic signature.
In this situation, the notary acts as a qualified intermediary in the transfer of your documents, but such a service will require additional payment (except for the state fee for registering an individual entrepreneur).
Let's summarize:
- To the question - is it possible to open an individual entrepreneur in a locality where you do not have permanent residence - the answer is positive.
- If you want to register a business not at your place of permanent residence, then before registering temporarily in another city, you need to check out from your place of registration.
Is it possible to open an IP using temporary registration?
Changing your registration to another region does not require re-passing registration procedure. But the appearance of a new taxpayer may attract unnecessary attention from the Federal Tax Service - subject to tax holidays such an individual entrepreneur as a newly registered one does not qualify.
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.
At the same time, if a person really moves and plans to live in another city, he is highly recommended to spend some time and make changes to the Unified State Register of Individual Entrepreneurs, and if a person also acquires certain real estate, registration becomes inevitable for him. Among other things, as mentioned above, you can switch to UTII, which requires registration with the tax authority in charge of the city where the entrepreneur operates. Clarifications in the law In accordance with Law No. 129-FZ, individuals can register as individual entrepreneurs only in the city in which they have registered registration, but at the same time they can register themselves in another region if they are engaged in the types of activities that fall under under UTII.
This norm allows:
- protect the interests of creditors;
- provide government agencies conducting a full audit of the activities of all market entities.
Registration will be denied to applicants who are prohibited from engaging in entrepreneurial activities by a court decision that has entered into legal force. The ban also applies to those who were declared bankrupt in the status of an individual entrepreneur.
Both citizens of the Russian Federation and foreigners have the right to register. The latter are required to submit documents confirming their legal stay within the borders of the Russian Federation. Registration of an individual entrepreneur in another region Registration of an individual entrepreneur in another region is not carried out if the applicant has permanent registration (stamp in the passport). If you don’t have one, you can apply to create an individual entrepreneur if you have a temporary registration. This condition is important. Unlike organizations, entrepreneurs do not have a legal address.
Is it possible to create an individual entrepreneur in Moscow if registered in another city?
Remote registration of an individual entrepreneur in your region Another option for registering 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 is from funds tax office, other authorities arrives at 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.
Is it possible to register an individual entrepreneur in Moscow if he is registered in another city?
In this case, you can also contact the branch located at the place of business of the entrepreneur, and the registration procedure here will be similar, but it may take more time to consider the application, since all information will be thoroughly checked. Possible problems If it is not possible to go to the city in which the entrepreneur is registered, he must generate a complete package of documents that are required to register an individual entrepreneur, and then send them by registered mail, making a thorough inventory of the attachment.
The finished certificate is sent to the applicant in exactly the same way, and this is worth taking into account. This problem is faced by most entrepreneurs who are just starting to run their own business, but there are other situations when a person only has temporary registration or does not have it at all.
A sample power of attorney for individual entrepreneur registration is here. When is this necessary? Registration of an individual entrepreneur with registration in another region is usually necessary for those applicants who have changed their place of permanent residence. Typically, they also plan to carry out their profit-making activities at their place of residence.
The law, however, does not give them such an opportunity, with the exception of cases when the applicant does not have permanent registration, that is, there is no stamp in the passport. In other situations, future individual entrepreneurs either personally go to the Tax Inspectorate or use the considered methods of transmitting documents remotely. Is it possible? Registration of an individual entrepreneur in another region is possible, but only when we are talking about applicants who do not have a permanent residence permit. Only this category persons can contact the Tax Inspectorate at their place of temporary residence.
Often, future entrepreneurs have a residence permit in one city, but live in another region. It would be convenient for them to register at their place of residence. But the law obliges registration of an individual entrepreneur in 2016 according to registration, that is, at the place of permanent registration, which is reflected in the person’s passport.
If you do not have the opportunity to personally contact the tax authority to carry out registration actions at your place of permanent residence, you can issue a power of attorney to another person to provide documents. But in this case, you will need to sign the application in the presence of a notary. In addition, you can contact the tax office via mail, but in this situation you will also need to visit a notary. And if available personal account On the State Services and Electronic Signature website you can use the Internet to register an individual entrepreneur.
In any of these cases, the signature on the application must be affixed by the citizen himself who wants to become an entrepreneur. The only opportunity to register an individual entrepreneur using temporary registration is a situation where a person does not have permanent registration at all. That is, the passport of the future entrepreneur does not have a registration stamp, but there is registration at the place of residence.
Pay attention! Registration as an individual entrepreneur at your place of registration does not cancel your right to carry out activities in any region of the country. That is, you can register as an individual entrepreneur, for example, in Tomsk, and open a beauty salon in Nizhny Novgorod.
How to register changes in the registration address of an individual entrepreneur in 2016?
If an individual entrepreneur has changed his registration address, then he himself does not need to contact the registrar to enter the necessary information. The registration authority must receive all information from the authority that made changes to the entrepreneur’s passport. After receiving information that the individual entrepreneur’s registration has changed, the tax office will make changes to the Unified State Register of Individual Entrepreneurs. Also, the tax authority will independently transfer the entrepreneur’s case to the new place of registration.
We decided to develop legally software, sell clothes, take photographs, cut hair? Open IP. If you are a Russian citizen with permanent registration, there are no problems with registration at all. What to do if you don’t have a residence permit or you’re a foreigner? In this case, certain difficulties await you, which, however, are completely surmountable.
Is it possible to become an entrepreneur without permanent registration?
Federal Law of August 8, 2001 No. 129-F3 “On State Registration legal entities and individual entrepreneurs" states that to register an individual entrepreneur you need to confirm your place of residence individual. Opening furniture store in Moscow, permanently reside and are registered in Moscow? No problem. Let's find out what to do in other cases:
- Your registration and the city where you plan to do business are different. For example, you are registered in Kaliningrad, but you open a cafe in St. Petersburg.
- There is only temporary registration. You live with your aunt in Moscow and are registered with her temporarily.
- You have a residence permit. You have the right to reside in Russia for three to five years.
What is a place of residence according to the law?
According to the above-mentioned law, the address of residence is permanent registration, that is, registration. Temporary registration is considered to be the place of residence. For example, they changed their place of work, moved to another city, and temporarily registered their place of residence there. If you have both permanent and temporary registration, then new business will be issued with permanent registration.
List of real estate that acts as a place of residence:
- apartment/house;
- residential premises for official purposes;
- other residential premises.
To confirm your place of residence, it is enough to be either the owner of the property or a tenant. In the latter case, you should conclude a rental agreement.
My address is not a house or a street
How to register a business without registration
You can open an individual entrepreneur at the tax office only at your place of residence. Fortunately, we live in the era of Internet development, and if you do not want or cannot come to the tax office of your city, use the services of online business registration using a digital signature. To do this, register on the website of the Federal Tax Service. Then fill out the application for individual entrepreneurs.
Provide all required information. When filling out the application, you can choose a convenient method for delivering documents, and also pay the state fee for registering an individual as an individual entrepreneur: electronically or in cash at a Sberbank branch.
If you successfully complete the application, you will receive an invitation from the tax office in three days. You will need to take with you a copy and original of your passport, a receipt for payment of the state duty and, if necessary, an application for transition to simplified system taxation.
News entrepreneurial activity allowed not only in one’s hometown, but also wherever one pleases throughout the country. Most importantly, do not forget to timely report income at the place of registration of the business.
Registered Russians can conduct business throughout the country: the main thing is to pay taxes and submit declarations on time
Is it possible to open a business if you live and are registered with an aunt or uncle?
Living as a guest is not easy. But if there are no other options, and you want to open a stall, then register an individual entrepreneur with the tax authority of the city where you temporarily rent housing or live with relatives. And the business will also be considered temporary. While you live at the place where the stall is registered, you can sell ice cream or something else. As soon as the registration period expires, you will have to stop doing business.
Here's what you need to do to open your cherished project if you don't have a residence permit:
- Show your passport to prove to the tax officer that you do not have permanent residence.
- Show proof that you have a place to legally live for the next six months. There is a chance that they will register an individual entrepreneur with a registration period that expires (two to three months). But remember, the registration period is equal to the life of the business.
- Tell the owner of the property where you are temporarily living that you are going to provide his address when registering the business. This is not necessary, but it is worth informing in order to avoid misunderstandings in the future (for example, if any business correspondence for you arrives at his postal address). Explain to the homeowner that he has no obligations to the state.
- Collect documents for individual entrepreneur registration:
- Form P21001 (application).
- Payment of duty (check).
- Passport.
- Certificate of temporary registration (copy).
- Tax identification number (copy).
- Application for switching to a preferred tax payment scheme.
If another person submits documents instead of you, then issue a power of attorney for him, and also notarize the application and a copy of the passport. If you are sending documents by mail, send them by certified mail.
Temporary registration also gives the right to do business in Russia
How to become a businessman in Russia for a foreigner
If you are a foreigner and legally reside in Russia, then you can register an individual entrepreneur at the address registered on your residence permit or temporary residence permit. If you do not have a residence permit or temporary residence permit, you will be denied registration as an individual entrepreneur.
The procedure for registering a business for foreigners is no different from that established for Russians. Like a Russian citizen, a foreigner should contact the tax service at his place of residence and provide the package of documents listed above. Documents for foreign language you need to translate it into Russian and have the translation certified by a notary. In addition, you need to obtain a work permit. Since 2015, foreigners from “visa-free countries” receive patents, and citizens of other “visa” countries receive work permits.
After the period of legal stay in the country expires, the validity of the individual entrepreneur’s registration also ends.
Foreigners can freely open an individual entrepreneur in Russia if they legally reside here
Video: step-by-step instructions for opening an individual entrepreneur
The main aspects of starting your own business are clear to you. Short list necessary documents There is. Check with regulations or your city's tax office for details. Go for it - opening an individual entrepreneur is not so difficult.
Is it possible to register an individual entrepreneur not at the place of registration? An individual entrepreneur is a citizen who has passed and has the right to engage in business. In general, registration of an individual entrepreneur is carried out at the tax office at the place of residence, or the registration address in the passport. It is not always profitable to do business in the locality where the entrepreneur is registered, which is why the question arises: “ Is it possible to open an individual entrepreneur with temporary registration?“There is no clear answer to this question, so we suggest you look into it.
Is it possible to register an individual entrepreneur at the place of temporary registration?
Temporary registration is the address of the place of residence of an individual, which differs from the place of residence registered in the passport. Russian citizens are required to undergo temporary registration if they plan to live in a locality on the territory of the Russian Federation where they are not registered for more than 90 days. This obligation is established by Law No. 5242-1 of June 25, 1993 (as amended on June 29, 2015).
Temporary registration or temporary registration allows you to get a job in another city, enroll your child in a kindergarten or school, and seek medical care and social support at your place of stay. But the answer to the question - is it possible to register an individual entrepreneur using temporary registration - depends on whether the individual has a permanent registration in his passport.
The difficulty is that registering an individual entrepreneur with temporary registration is only possible if the passport does not have a stamp indicating permanent registration. If it is very important for you to open an individual entrepreneur with temporary registration, then to do this you will have to leave your place of residence.
The period of temporary registration of an individual is of great importance - if it is less than 6 months, then registration of an individual entrepreneur at the place of residence may be refused, although there is no direct indication of this in the law. Please also note that registration of individual entrepreneurs under temporary registration will be carried out for the period of temporary registration. If this period expires, it means that the individual will be removed from tax accounting and is not entitled to continue legal business activities.
The procedure for opening an individual entrepreneur for temporary registration does not differ from that which an individual goes through, it’s just that the address in the application will be the address of temporary registration. You can prepare documents for individual entrepreneur registration free of charge and correctly on the portal for entrepreneurs 1C-Start.
Can an individual entrepreneur work in another region?
If registering an individual entrepreneur with temporary registration is not possible for you, since your passport has a permanent registration stamp, and you do not want to be discharged from there, then you should know that an individual entrepreneur can work throughout Russia.
The activities of individual entrepreneurs in another region are permitted in any tax regime, but the following must be taken into account:
- Registration of an individual entrepreneur in another region or in another city will be necessary if the entrepreneur has chosen the UTII or PSN mode. Essentially it's not state registration entrepreneur, but only registration of an already existing individual entrepreneur with the Federal Tax Service at the place of activity as a payer of imputed tax or patent. For example, a person is registered as an individual entrepreneur at his place of registration in Rostov, but wants to buy a patent and work in Moscow. To do this, you need to apply for a patent to the Moscow tax office, already having a state certificate of registration of individual entrepreneurs. The exception applies only to activities related to transportation, distribution and distribution trade; such entrepreneurs do not have to register for taxation at the place of activity.
- If an entrepreneur has chosen the simplified tax system, OSNO or unified agricultural tax, then he can work in any region of the Russian Federation, even where he has neither permanent nor temporary registration. In this case, it is registered for tax purposes only with the Federal Tax Service at the place of registration; there is no need to register at the place of real activity.
Thus, there is not always a need to open an individual entrepreneur in another city or in another region, even if you want to start an activity in a different locality where you are registered.
How to open an individual entrepreneur in Moscow without registration
Registration of individual entrepreneurs in Moscow under temporary registration occurs on the same grounds that we have already considered. If you have a permanent residence permit in another region in your passport, you will not be able to register as an individual entrepreneur in Moscow. If you have a temporary residence permit in Moscow, but do not have a permanent registration stamp, then you can become a Moscow entrepreneur.
By the way, do you know which tax office to register an individual entrepreneur in Moscow? As in others major cities, state registration of a business is carried out by only one specialized tax inspectorate, in Moscow this is the 46th Federal Tax Service Inspectorate. It is located at the address: Pokhodny Proezd, building 3, building 2.
Thus, it is possible to open an individual entrepreneur in Moscow without registration in the capital, but only if the following conditions are met:
- absence of a permanent registration stamp in the passport;
- availability of temporary registration in Moscow.
We hope that our article answered your question in detail: “Is it possible to open an individual entrepreneur with temporary registration?”
Is it possible to open an individual entrepreneur with temporary registration in another city in 2018? updated: November 30, 2018 by: Everything for individual entrepreneurs
Registration of an individual entrepreneur in Russia takes place at his place of residence. If we open Article 22.1 of Law No. 129-FZ “On State Registration”, we will only find the provision that the documents for registration of an individual entrepreneur must indicate the address of the individual’s place of residence. However, there are no interpretations of what is recognized as such a place in this law.
Place of residence or place of stay
The situation will become even more confusing if you study it to register an individual entrepreneur. On page 2 of this application we find paragraph 6 with the title “Address of residence (stay) in the Russian Federation.” The question arises: is it possible to open an individual entrepreneur in a locality where an individual does not live, but stays?
First, let's look at what the law means by place of residence and place of stay. The Civil Code in this sense is expressed quite briefly: “The place of residence is the place where the citizen permanently or primarily resides.”
Law No. 5242-1 “On the right of citizens of the Russian Federation to freedom of movement” gives a more detailed interpretation:
- place of stay- a hotel, sanatorium, medical organization or other institution where a citizen lives temporarily;
- place of residence- residential premises in which a citizen permanently or primarily resides as the owner or under a rental agreement, and where he is registered.
It is clear that no one will register a business at the address of a hotel or hospital, then who does the indication of the place of stay in? In this case, we are not talking about Russian citizens, but about foreigners or stateless persons. If they have not received Russian citizenship, then they do not live on Russian territory, but only stay temporarily. If they have a temporary residence permit or residence permit, these persons have the right to register an individual entrepreneur and conduct business until the period of permitted stay has expired.
But let's return to the citizens of the Russian Federation. For them, registration of an individual entrepreneur occurs only at the place of residence, not stay. But if the future businessman moved from hometown, where he is registered, and now lives in the metropolis, where he has temporary registration, this is recognized as his place of residence?
Unfortunately no. There is another document (Resolution of the Government of the Russian Federation dated July 17, 1995 No. 713), where the place of stay is no longer only a hotel, hospital and similar institutions, but also a residential premises where a person lives on the basis of a rental agreement or ownership. Thus, the law does not have a clear, unambiguous interpretation of the place of residence of an individual, where state registration of an entrepreneur is allowed.
How then do you find out if you are registered in another city? In practice, tax authorities recognize only the address of residence as indicated in the passport. As for temporary registration at the place of stay, if your passport has a stamp indicating permanent registration, you will not be able to open an individual entrepreneur in another city.
When is it possible to register an individual entrepreneur at the place of residence?
And yet, to the question: “Is it possible to open an individual entrepreneur with temporary registration in 2017?” There is also a positive answer. If you have been discharged from your place of permanent residence, but have not registered at another permanent address, then you do not have a registration stamp in your passport.
In this case, the place of residence of an individual, in the absence of another, will be recognized as temporary registration. Then, indeed, registration of an individual entrepreneur not at the place of registration is allowed, but only because there is simply no registration in the passport.
Of course, it would be easier for applicants to register a business at the address of their choice - permanent registration at the place of residence or temporary registration at the place of stay. Then the question of whether it is possible to open an individual entrepreneur in another locality would simply not arise. Moreover, as we showed above, the law does not interpret these definitions entirely clearly.
The reason for not having a registration is connected not only with such an ambiguous interpretation of the law, but also with the fact that the period for registering an entrepreneur in this case depends on the period for which the temporary registration is valid.
If the period of your temporary registration in another city (in the absence of permanent registration) is less than six months, tax authorities will refuse to register an individual entrepreneur under various pretexts. After all, as soon as this period has passed, the Federal Tax Service must independently remove you from tax registration, which means reconciling calculations of taxes and fees for such a short period.
Thus, although registration of individual entrepreneurs with temporary registration still occurs, in fact, it is inconvenient as tax authorities, and for the entrepreneur himself.
How to register an individual entrepreneur if it is not possible to be in your hometown
Meanwhile, there is no need to register as an individual entrepreneur in the locality where you temporarily reside. For individual entrepreneurs in this sense, it is easier than for organizations, because the obligation to work only at a legal address does not apply to them.
Once registered with the Federal Tax Service at his place of registration, an entrepreneur can work throughout Russia without any problems. At the same time, there is no additional need to register with the tax office at the place of business, unless the individual entrepreneur has chosen the UTII or PSN mode.
There are several ways to apply for registration of an individual entrepreneur without visiting your official place of residence:
- Send documents by mail to the address of the registering tax office at your place of registration. To do this, you will have to certify the application P21001 and a copy of the passport from a notary. But you can also receive a USRIP registration sheet by mail to the address of your actual residence in another city.
- Instruct a trusted person (relative, friend, professional registrar) to submit documents for individual entrepreneur registration. In this case, you will need to not only certify your documents with a notary, but also issue a power of attorney for registration actions.
- Submit an electronically signed application P21001 through the Federal Tax Service website. You will also receive a response from the tax service electronically.
- If you do not have a personal electronic qualified signature, you can contact a notary, who will send your application P21001 to the registration inspectorate, certifying it with your electronic signature. In this situation, the notary acts as a qualified intermediary in the transfer of your documents, but such a service will require additional payment (except for the state fee for registering an individual entrepreneur).
Let's summarize:
- To the question - is it possible to open an individual entrepreneur in a locality where you do not have permanent residence - the answer is yes.
- If you want to register a business not at your place of permanent residence, then before registering temporarily in another city, you need to check out from your place of registration. If you have both residence permit and temporary registration, you can open an individual entrepreneur only at the address indicated in the passport.
- The registration period for an entrepreneur will coincide with the registration period at the temporary place of stay, i.e. In this case, you will also be doing business temporarily.
- There is no need to open an individual entrepreneur at the place of temporary registration of an individual, because you can submit documents, submit reports and pay taxes remotely, without coming to your hometown.