Many people have thoughts about additional income, although there is a permanent job. Often, a business is opened for this. But in order not to break the law, entrepreneurial activity must be registered. One option is the design of the IP. Such people are interested in whether it is possible to open a private entrepreneur if they are officially employed. There are some prohibitions in this matter.
Limitations
To answer the question of whether it is possible to open a private entrepreneur, if officially employed, one should be guided by the norms of legislation. IP compared with LLC or OJSC is not a legal form. This is the status of an individual. And he has the same rights to employment, regardless of whether the business or not.
There are several conditions for registering an IP:
- age from 18 years;
- legal capacity;
- Russian citizenship;
- lack of business restrictions.
Given these requirements, is it possible to open an individual entrepreneur if officially employed? Employment obligations cannot be an obstacle to starting a business.
Who is forbidden to open IP?
But working citizens have limitations in the possibility of registering entrepreneurship. This is due to the profession or position. It is impossible to open a business for those who serve the state. These include:
- military personnel;
- employees 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 a lawyer or notary? People in these processions are also prohibited from starting a business. The reason for the restrictions is due to excessive employment. Employees who are supported by the state and also represent its interests should not be distracted by entrepreneurial activity.
After all, then the main responsibilities may not be performed very well. In addition, the simultaneous work in government and doing business can encourage lobbying for interests, and this is considered a violation of the law. There are restrictions in cases where a working person is going to start an enterprise, as well as in the opposite case: before deregistration of an individual entrepreneur, it is impossible to get a certain position.
Can employees of a budget or state organization issue an IP?
Not in all cases, employees 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 presidential decree. Special cases are recorded in regulatory documents. Therefore, in order not to cause problems, you need to ask your employer if it is possible to open a private entrepreneur if you are officially employed in your position?
After all, people of many professions can be considered civil servants. Is it possible to open a private entrepreneur if officially employed by a teacher? These employees are allowed to conduct private activities in the form of tutoring. And the chief physician of a non-private hospital cannot be engaged in entrepreneurship, since he represents the state in the field of healthcare. Is it possible to open a private entrepreneur if officially employed by Russian Railways? These employees can start a business.
Does SP affect labor relations?
If you take into account the norms of the law, then no difficulties in organizing a business with official employment should appear. But what kind of relationship a particular employee and his employer will have depends on them.
Is it possible to open an IP if it is officially employed by a bank? Since the employees of this organization are not civil servants, entrepreneurship activity is available to them. Before issuing IP it is necessary to assess the strengths and capabilities. It takes time to conduct business, as this is the work itself, as well as reporting to regulatory authorities. In case of untimely provision of the necessary documents to the tax, pension, insurance funds, you will have to pay fines.
It will not work to be an entrepreneur only periodically. The obligations that IP must fulfill continue throughout its work. And they end only with deregistration. Due to the additional employment, the quality of work in the main place should not suffer.
If the employer makes high demands on the employee, having learned about the registration of the individual entrepreneur, the employee has the right to complain to the labor inspectorate. Running your own business does not change the obligations of the employer. The institution also provides taxes and contributions, provides paid leave and sick leave.
The employee must also pay taxes on individual entrepreneurship, as well as make payments to the FIU and the Social Insurance Fund. Can I open a private entrepreneur if I am officially employed by Russian Railways? Since the employees in this organization are not civil servants, they are therefore allowed to do business.
It is not necessary to inform managers about the beginning of entrepreneurship, since there are no such requirements in the law. You can find out about the registration of a person by means of a request for an extract from the Unified State Register of Enterprises in the Federal Tax Service or through advertising.
Labor contract
Citizens who are individual entrepreneurs, like other individuals, can be hired, work under a contract. The work book will not include information about entrepreneurship, therefore, information about the main work is entered into it.
There are situations when relations between an individual entrepreneur and a company appear as a customer and an executor. Then the preparation of an employment contract is not required, but a civil law agreement is drawn up. Payment is carried out according to the act of work performed. This option is possible only with bilateral agreement.
Combination
IP must be registered. This procedure is the same for everyone. It is necessary to choose the scope, tax system, as well as prepare the documents:
- Passport.
- INN
- Application for registration in the Unified Register in the form of P21001.
- Confirmation of payment of state duty.
- Application for a simplified tax system (2 copies).
The indicated areas have OKVED codes, which should be recorded in the application. A simplified system can be used in each activity, and then UTII will be required. According to it, 2 tax options are expected: contribution of 6% of income and 15% of profit. If the business turnover is small, choose 6%.
Documentation is provided by the Federal Tax Service. After 3 days, a certificate of IP and an extract from the USRIP are issued. Information comes to the funds, where a registration number will be issued. After that, legal business begins.
When do you need clearance?
There are cases when business registration is required:
- To conduct business, you need a patent or license;
- To perform operations through the account.
- To attract customers need active advertising.
Opening a business under the laws of the Russian Federation requires compulsory 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.