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Is it possible to open an IP, if officially employed? Restrictions and prohibitions

Many people have thoughts about additional earnings, although there is a permanent place of work. Often, for this opens its own business. But in order not to violate the law, business activities must be registered. One of the options is the registration of IP. Such people are interested in whether it is possible to open an IP if it is officially employed. In this case there are some prohibitions.

Restrictions

To answer the question whether it is possible to open an IP, if officially employed, one should be guided by the norms of legislation. IP in comparison with LLC or JSC is not an organizational and legal form. This is the status of an individual. And he has the same rights to employment, regardless of whether the business is or not.

There are several conditions for registration of an IP:

  • Age from 18 years;
  • Ability to act;
  • Russian citizenship;
  • No restrictions on business.

Given these requirements, is it possible to open an IP, if officially employed? Labor obligations can not be an obstacle to business registration.

Who is prohibited from opening the IP?

But working citizens have limitations in the possibility of registration of entrepreneurship. This is related to the profession or position. You can not open a business to those who serve with the state. They include:

  • Military personnel;
  • Workers of the Ministry of Internal Affairs;
  • Officials;
  • Deputies of the State Duma and the Federal Assembly;
  • Heads of municipal organizations.

Is it possible to open an IP if you are already officially working as an attorney or a notary? People of these processions are also prohibited from founding a business. The reason for the restrictions is related to excessive employment. Employees who are on the provision of the state, as well as represent its interests, should not be distracted by entrepreneurial activity.

After all, then the main duties can be performed not quite qualitatively. In addition, simultaneous work in government and business can encourage lobbying of interests, and this is considered a violation of the law. Restrictions are also in cases when a working person is going to register an enterprise, and also in the opposite case: before removing from the account of an IP, one can not obtain a certain position.

Workers of a budgetary or state organization can register an IP?

Not all cases of workers of municipal and state enterprises have the status of civil servants. In these organizations there is a division into civil servants and employees. The category can be found in the employment contract.

The list of posts that have a special status is created by a presidential decree. Special cases are fixed in regulatory documents. Therefore, in order not to have any problems, you need to ask your employer whether it is possible to open an IP if you are officially employed in your position?

After all, people of many professions can be considered civil servants. Is it possible to open an IP, if officially employed by a teacher? These employees are allowed to conduct private activities in the form of tutoring. And the chief doctor of a private hospital can not be engaged in business, since he represents the state in the field of health care. Is it possible to open an IP, if officially employed by RZD? These employees can start a business.

Does PI affect employment relations?

If we take into account the norms of the law, then there should not be any difficulties in organizing a business with official employment. But what kind of relationship a particular employee and his employer will have depends on them.

Is it possible to open an IP, if officially employed in a bank? Since the employees of this organization are not civil servants, entrepreneurship is available to them. Before the design of the IP, one must evaluate the strengths and possibilities. It takes time to do business, as this is the work itself, as well as reporting to the supervisory bodies. If untimely submission of the necessary documents to the tax, pension, insurance funds will have to pay fines.

It will not be possible to be an entrepreneur only periodically. Obligations, which the PI must carry out, continue all the time of its work. And they end only with the removal from the register. Because of the additional employment, the quality of work in the main place should not suffer.

If the employer makes high demands on the employee, after learning about the registration of the IP, the employee has the right to complain to the labor inspectorate. Doing business does not change the employer's obligations. The institution also performs deductions of taxes and contributions, provides paid leave and sick leave.

The employee also must pay taxes on IP, as well as make payments to the FIU and FSS. Is it possible to open an IP, if officially employed in RZD? Since the employees in this organization are not state employees, they are allowed to do business with them.

It is not necessary to inform entrepreneurs about the beginning of entrepreneurship, as there are no such requirements in the law. You can find out about a person's registration by requesting an extract from the EGRIP in the FTS or using advertising.

Employment contract

Citizens who are IP, like other individuals, can be hired to work, to work under a contract. The workbook will not include information about entrepreneurship, so information about the main job is included in it.

There are situations when relations between the individual entrepreneur and the company arise as a customer and performer. Then the drafting of an employment contract is not required, but a civil legal agreement is drawn up. Payment is carried out according to the act of work performed. This option is possible only with two-way consent.

Combination

IP must be registered. This procedure is the same for all. You need to choose the sphere, the taxation system, and also prepare the documents:

  1. Passport.
  2. INN.
  3. Application for registration in the Unified Register under the form P21001.
  4. Confirmation of payment of state duty.
  5. Application for a simplified taxation system (2 copies).

These areas have OKVED codes, which should be recorded in the application. In each activity, a simplified system can be used, and then the UTII will be required. According to it, 2 tax options are proposed: a contribution of 6% of income and 15% of profit. If the turnover of the business is small, choose 6%.

The documentation is provided to the Federal Tax Service. After 3 days, a certificate of IP and an extract from the EGRIP are issued. Information comes to the funds, where the registration number will be issued. After this, the legal business begins.

When do you need registration?

There are cases when registration of business is necessary without fail:

  1. You need a patent or a license to conduct business;
  2. To perform operations through an account.
  3. To attract customers need active advertising.

Opening a business under the laws of the Russian Federation requires mandatory registration. And to combine it with official work or not depends on the person himself. It is necessary to calculate whether there will be enough time to engage in both activities. It is also important that it is profitable.

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