The creation of the Eurasian Economic Union has largely contributed to the influx of labor migrants to Russia from the neighboring CIS countries, including the Republic of Belarus. However, not every foreigner wants to work for an organization. Many are interested in the opportunity to do their own thing. Before opening an IP, Belarusians in Russia need to familiarize themselves with local legislation and take into account all the legal details.
On entrepreneurship in Russia
The main legislative act of the Russian Federation - the Constitution - states that both Russians and foreign citizens legally in the country are endowed with equal duties and rights. The Civil Code states that any person who passes the state registration procedure can become an individual entrepreneur.
Accordingly, the rights of citizens of Belarus in Russia are similar to those of local citizens. That is, they can legally open IP upon reaching adulthood. However, this is only possible with registration at the address of residence. This norm is regulated by federal law 129.
How to open an IP for Belarusians in Russia: procedure
Registration of individual entrepreneurship is one of the most affordable ways to legalize commercial activities. It has several advantages:
- Relatively low cost.
- The process does not take much time.
- No need to collect a large package of documents.
The Republic of Belarus is a full member of the Eurasian Union. However, its citizens on the territory of the Russian Federation do not have any privileges when registering entrepreneurship. Although the procedure itself is quite simple initially.
How can Belarus register an IP in Russia? This algorithm is defined by the Federal Tax Service of Russia:
- Preparation and collection of necessary documentation.
- Submission of papers to the tax office, which serves the current registration address of a foreign citizen. Personal submission is possible, through multifunctional centers or through representatives by notarized power of attorney. You can also transfer papers through courier services (Pony Express, DHL) or use the services of law firms involved in opening IP.
- The consideration of the case. If the tax service does not have any complaints against the applicant regarding the paperwork, the procedure will take 3 days.
- Obtaining a certificate of an individual entrepreneur. Registration of a work permit.
Documents
What do you need to open an IP? First of all, the documents. Their list is as follows:
- Valid passport and photocopies of all its pages.
- The basis of legal stay in Russia (RVP, residence permit). Valid registration is also required.
- INN
- Filled in application form for opening IP (form P21001).
- A check on the payment of state duty (800 rubles).
- Certificate of no criminal record. It is drawn up at the diplomatic mission of the Republic of Belarus. In addition, you can contact the police department serving the address of the residence of a foreign citizen.
The authorities of the Russian Federation and Belarus signed an agreement on the mutual legalization of documentation. Therefore, there is no need to contact the consulate on this issue. However, the documentation presented in Belarusian should be translated into Russian. After that, the correctness of the translation is certified by a notary.
TIN
Before opening an IP to a Belarusan in Russia, it is necessary to obtain a taxpayer number - TIN. However, it is possible to issue it after passing the registration of the entrepreneur.
It should first be clarified whether an identification code has been assigned to a foreigner before. If this information is not checked in advance, registration may be refused. A TIN can also be assigned without the knowledge of a foreign citizen, for example, when he previously worked for Russian employers.
How to open an IP for Belarusians in Russia through the MFC
Significantly save time on registering an entrepreneur allows multifunctional centers. They work on the principle of a single window. There are practically no queues in them.
The MFC employee will accept the registration documents, having checked them first. The whole procedure takes no more than half an hour. After that, a foreign citizen will be told about his further actions.
Registration of entrepreneurship via the Internet
This method of filing documents is quite convenient. How to open an IP in Russia to a citizen of Belarus? First of all, you need to register on the website of the Federal Tax Service and create an account there.
The procedure for issuing an IP certificate is as follows:
- On the portal of the Tax Service, the tab "individual entrepreneur" is selected.
- Next, you need to start filling out a new application.
- Consent to the processing of personal information is given. From the list of applications presented, P21001 should be selected.
- The information on the address of the permanent or temporary registration of the Belarusian in Russia is filled.
- After that, you will need to enter a valid TIN number. If the applicant does not remember him, it is enough to click the "Find out TIN" button, after which the code will be entered automatically. When a foreign citizen does not have a number, the field should be left blank.
- Fill in personal data.
- The types of primary and secondary economic activity are selected.
- After this, you need to specify the most acceptable option for obtaining documents.
- Passes an electronic check. If it was successful, you must click on "Next".
- State duty paid. An electronic check must be retained for future submission to the tax office. There is also the option of forming an electronic receipt, it must be printed out and presented to the bank. After payment, you need to specify the date of the operation and the BIC of the organization.
- The option of submitting an application is selected.
- After that, the form is sent for consideration to the Federal Tax Service.
After submitting the application in electronic form after 3 days, the applicant will be invited to the Federal Tax Service. You need to have documentation with you, its list will be generated automatically.
Reasons for refusal
The Federal Tax Service may make a negative decision due to the following circumstances:
- The application form was incorrectly completed.
- The questionnaire indicated those activities that should not be practiced.
- Submission of an incomplete set of documentation.
- The future entrepreneur does not actually live at the registration address.
- A foreign citizen has previously registered IP.
- There is an injunction against entrepreneurial activity against a person.
- If during the calendar year there was a bankruptcy of the entrepreneur or the IP was closed forcibly.
- It is important to note that in case of refusal, the state duty is not refundable.
Types of activity prohibited for entrepreneurs
An individual entrepreneur is forbidden to engage in the following types of activities:
- Transportation by air.
- Organization of production and sale of alcoholic beverages.
- All activities related to the distribution of potent and narcotic substances.
- Pharmaceutical production.
- Everything related to the maintenance and manufacture of aviation and military equipment, weapons.
- Organization of security companies.
- Creation of companies engaged in the employment of citizens of the Russian Federation abroad, as well as investment and pension funds.
- Selling electricity to Russians.
- Analysis in the field of industrial production.
- Activities related to pyrotechnics of the 4th and 5th classes, as well as space exploration.
What to do if registration is denied
How to open an IP for a foreign citizen in Russia when the application is withdrawn? In this case, it is necessary to find out the true reasons for the refusal and to eliminate them in full. For example, you can submit documents later, if there is a ban on entrepreneurial activity, or choose another form of registration of the organization. After that, the application is again submitted to the tax service for consideration.
When a Belarussian citizen is confident that the authorized service refused to issue the IP certificate illegally, he can go to court. However, for this it is advisable to hire a good lawyer who understands all the intricacies of the legislation of the Russian Federation.
Additional questions
The division of the migration service that draws up the entrepreneur’s certificate is responsible for the transfer of data to the PFRF and the Health Insurance Fund. The individual entrepreneur must be informed about this in writing within 7 business days. If this does not happen, the entrepreneur must independently register in these services.
Some future entrepreneurs believe that it is necessary to open an IP not only a TIN, but also a current account in one of the Russian banks. This is not entirely true. It is necessary only to those who plan to carry out operations worth more than 100 thousand rubles. If the transactions are less than this value, a settlement account is not required.
Also, Russian legislation does not say that an individual entrepreneur must have a seal. Such a requirement can be made only by banks where an account will be opened. However, the presence of the press at the IP will be an advantage, since it allows you to protect documents.
Foreign entrepreneurs operating in Russia are entitled to voluntarily switch to a simplified tax system. If an individual entrepreneur hires employees, he needs to pay insurance premiums both for himself and for them.
Can Belarusians open IP in Russia? Yes it is possible. The procedure is quite simple and fast. Moreover, to transfer the application for consideration, you can use the electronic service of the Federal Tax Service, the services of the MFC or courier services. The process takes 3 days. If the application for registration of an entrepreneur is revoked, the decision may be appealed in court.