Under the sphere of entrepreneurship is understood an independent activity, which is carried out taking into account risk and is aimed at making a profit when using property. Activities are recorded in the prescribed manner. Not always from the very beginning a business owner can decide on the organizational form of a future company. The owner is forced to compare the IP and LLC. In order to make the right decision, it is necessary to compare both of these forms, to identify the pros and cons of each of them. In the framework of this article, we compare IP and LLC according to various criteria.
A very important point is the choice between LLC and individual entrepreneur, since the list of documents provided, tax reporting forms and the amount of fines depends on this.
In the framework of this article, we will answer the question of what is the difference between IP and LLC. The advantages and disadvantages of these forms will be discussed in detail.
SP: general view
By IP should be understood such a form of doing business in which management is carried out individually.
In turn, individual entrepreneurship is an initiative of citizens, which is aimed at generating income, based on the property of the citizens themselves and carried out on behalf of the individual at his own risk and property responsibility.
Current legislation allows entrepreneurship in the status of individual entrepreneurs, which may be:
- citizens of the Russian Federation who have reached the age of majority;
- foreigners who temporarily or permanently reside in our state.
It should be noted that both state and municipal employees cannot act as IPs.
Individual entrepreneurship has many economic advantages and disadvantages in comparison with other economic and legal models of entrepreneurial activity that are currently being implemented. First of all, it should be noted such a feature of their activities as flexibility and mobility in narrow market segments. Consider the main differences between IP and LLC, the pros and cons of each form.
IP: advantages
Among the main advantages are:
- Easy registration on your own without involving third-party specialists and paying them fees.
- There is no need to form and make a CC.
- There is no need to carry out strict cash records, all procedures are quite simplified.
- It is not necessary to hire and pay an accountant. Alternatively, you can apply outsourcing.
- Lower tax burden, no additional taxes.
- Tax audits less frequently.
- The ability to apply the patent system.
- All the money earned by the individual entrepreneur can be easily withdrawn from his account for his needs.
- All decisions regarding IP activities can be made independently.
- The liquidation procedure is simple and expedited: a state duty is paid and an application is filled out.
The advantage of an individual entrepreneur on the territory of the Russian state should be recognized as his lack of obligation to form and maintain in the presence of the authorized (joint-stock) capital, authorized capital or other security cash amount or other property. It turns out that the Russian legislator does not present any requirements to the property status of an individual entrepreneur. As a consequence of this, we consider the natural reaction of market participants to be the widespread practice of completely excluding individual entrepreneurs from the circle of possible counterparties of most large national commercial organizations and almost all foreign ones, as well as increased requirements for other participants of economic activity to ensure their obligations compared to commercial organizations. This also explains the reluctance to provide large loans and other actual restrictions.
IP: disadvantages
However, IP has certain disadvantages:
- Financial responsibility is very high, since in the event of bankruptcy, the individual entrepreneur is liable for debts to the budget and creditors with his property.
- The compulsory social security payment contribution is stable and set as a single amount for the whole year. It is obligatory to pay regardless of whether the business is conducted or not.
- It is impossible to add co-founders and investors for expansion.
- For large investors is not an attractive form of OPF, not credible.
- You can not re-register or sell.
- When applying OSNO, the need to pay personal income tax of 13% also remains, losses of previous periods are not taken into account.
LLC: general view
A limited liability company (LLC) is a commercial company that can be established by one or more persons (unless otherwise specified in the rules). It was created to achieve every legally permitted goal, most often for commercial as well as charitable purposes.
The main stages of LLC formation include:
- conclusion of an agreement;
- shareholder contribution to equity;
- appointment of board;
- creation of a supervisory board or audit committee;
- registry entry.
Share capital must be contributed to the company by the founders before it is registered. It can be formed at the expense of cash, as well as non-cash contributions.
LLC is organized by an individual, legal entity. However, this company cannot be created by another LLC company.
Shareholders are not liable for the obligations of the company with their personal assets. They have equal rights and obligations, unless otherwise provided by law or charter.
Responsibilities of the founders:
- obligation to contribute to the UK;
- obligation to compensate for the missing value of the contribution in kind;
- obligation to make additional payments in respect of shares.
LLC: advantages
Among the main advantages of LLC can be identified:
- the personal liability of the founders is small;
- in the Criminal Code, you can invest not only finances and money, but also objects of fixed assets, material values;
- can be reissued or sold;
- It is attractive to investors;
- there is no upper limit in the Criminal Code;
- the possibility of cooperation with foreign partners as investors;
- it is possible to attract new founders at any stage;
- the manager may be the CEO, who is not necessarily the founder;
- for losses, taxes are not paid;
- it is possible to cover losses of past years with current profit;
- profits can be distributed arbitrarily.
LLC: disadvantages
Among the significant disadvantages of the LLC are:
- Mandatory accounting with an accountant;
- the registration process is quite complicated and consists of several stages;
- founders can not be more than 50;
- cash discipline is very strict;
- the workflow system is strictly regulated;
- the fines are very high;
- all employees are responsible within the framework of their position;
- it is not possible to freely withdraw income from circulation;
- The closure and liquidation procedure is complex and consists of several stages.
comparison table
The table below shows the differences between IP and LLC.
IP | Ltd |
A simple procedure for registration in the presence of three documents: passport, application and state duty (800 rubles) | A complicated registration procedure for collecting documents and the amount of state duty |
Business is indivisible, the ability to manage it yourself | As part of the possibility of having several founders, each is liable in the amount of contribution to the Criminal Code |
No need for management company, current account and printing | Need a management company (at least 10 tons), a seal, a current account, the Charter |
It is registered and reports at the place of residence | Registration at any address in the Russian Federation |
Not all types of activities can be engaged in (for example, an individual entrepreneur cannot participate in insurance, banking, tour operator activities) | No restrictions on types of management |
No need to hire an accountant. It is NOT necessary to keep cash records, reporting is minimal | Need an accountant to keep records |
Responsible for his property, even after liquidation | Responsible only within the framework of the Criminal Code |
Low penalties | High fines |
Application of simplified taxation schemes | More complicated tax system, founders pay 13% of income |
Low reputation | Reputation can be high |
Easy branch opening procedure | Branch registration required |
Withdraw money has a simple scheme | It is difficult to make a withdrawal of money |
You can not sell, buy | You can sell, buy |
Patent Application | Patent system not allowed |
Difficulties in expanding your business by investing | You can attract investors and investments |
No documentation required for all business activities | Strict control and accounting of all business activities |
Simple closing procedure | Complicated Liquidation Procedure |
From the above table it becomes clear that there is a big difference between the described organizational forms. Therefore, you need to carefully consider all the nuances before choosing a particular form of doing business.
Insurance payments for individual entrepreneurs: benefit or disadvantage?
It is assumed that the individual entrepreneur loses to the LLC in this respect, since it has the obligation to pay fixed insurance payments to the FIU. If an individual entrepreneur works without employees, then annually payments are made to the Pension Fund in the amount of 29,354 rubles, and in compulsory medical insurance - 6,884 rubles. If an individual entrepreneur has employees, then it is also necessary to pay the amount of insurance premiums for them in the amount of 30% of the salary.
A significant drawback is the fact that these payments must be made in any form of activity, regardless of whether the company operates or not, whether it is profitable or not.
A big plus is the fact that the amount of tax, for example, with UTII can be completely reduced by the amount of payments made, but only in a situation where the individual entrepreneur does not have employees. If there are employees, the amount of tax is reduced in the amount of not more than 50% of the calculated amount.
Payments and taxes for employees
Consider the differences in taxation of individual entrepreneurs and LLC in relation to employees.
There is no difference in tax payments for employees of individual entrepreneurs and limited liability companies. All companies, regardless of their form of ownership, must transfer insurance payments to extra-budgetary funds (30% of the salary paid to the employee). It is also necessary to pay income tax (PIT) from employees in the amount of 13%.
This fact significantly increases the workload, because small business bypasses the official employment of employees, for example, through employment contracts with contractors.
Tax systems
Consider the differences in taxation IP and LLC. The following tax exemption systems apply to these forms:
- STS in different versions.
- UTII.
- Unified agricultural tax.
- Patent system for IP only.
- BASIC.
Each of these systems has its advantages, features and disadvantages.
When considering the taxes of LLC and IE in comparison, it can be noted that there are no significant differences between them. However, for IP there is an opportunity to apply the patent system, and for LLC it is excluded. The main rule for both LLC and IP is that immediately after the registration of the company it is necessary to declare the chosen taxation system. Otherwise, we will use OSNO.
The table below shows the characteristics of IP and LLC in comparison of taxation systems.
System | An object | For IE | For LLC |
STS 6% | 6% income | Replacement of personal income tax, property tax and VAT. The number of employees is not more than 100 people, income less than 60 million rubles. in year | Replacement of VAT, income tax and property Accounting and KUDiR are required |
STS 15% | Income minus expenses at a rate of 15% | Replacement of personal income tax, property tax and VAT It is necessary to fill in KUDiR with confirmation of operations The number of employees is not more than 100 people, income less than 60 million rubles. in year | Exemption from all types of taxes Accounting and KUDiR are required |
UTII | Potential income by type of activity 15% rate | Real income is not important. Costs do not require confirmation. Replacement of personal income tax, VAT and other taxes | Exemption from all types of taxes Accounting must be kept |
Unified agricultural tax | Revenues minus expenses 6% rate | News KUDiR. Replacement of personal income tax, VAT and other taxes | Exemption from all types of taxes |
Patent | Potential annual income 6% rate | The number of employees is up to 15 people, income is not higher than 60 million rubles. | Not applicable |
A study of the taxes of LLC and IE in comparison with each other revealed the fact that no significant differences were observed.
Reporting IP and LLC
Reporting IP and LLC and comparing the forms of activity among themselves allows us to highlight the following features:
- tax reporting (declarations and KUDiR) depend on the tax system, but not on the form of business;
- reporting on employees for the individual entrepreneur and LLC is similar (in this case, if there are no employees in the individual entrepreneur, the reporting is not submitted at all).
At the same time, small organizations with the number of employees not exceeding 100 people and revenue of less than 400 million rubles per year have the right to apply lightweight accounting, and reporting will also be simplified.
IE and LLC, using cash in their work, must comply with the rules of cash discipline (it should be noted that for IP companies these standards are much easier than for LLC).
The table shows the comparison of IP and LLC reporting forms in accordance with the selected tax system. The dates for different types of OPF are also separately indicated.
Tax treatment | Reporting for IE | LLC reporting | Term for IP | Term for LLC |
LLC and IE on USN: comparison of reporting forms | USN Declaration | USN Declaration | Until 30.04. | Not later than March 31 |
UTII | UTII Declaration | UTII Declaration | Until the 20th day after the reporting month | Until the 20th day after the reporting month |
Unified agricultural tax | Declaration of Unified Agricultural Taxes | Declaration of Unified Agricultural Taxes | Not later than March 31 | Not later than March 31 |
Patent system | Not served | Not applicable | - | - |
BASIC | 3-personal income tax | Income tax return | Not later than April 30 | Not later than the 28th day after the reporting quarter, not later than March 28 of the year |
4-personal income tax | Property Tax Declaration | Not later than 5 days after the reporting month of receipt of income | Not later than 30.03 |
VAT declaration | VAT declaration | Not later than the 25th day after the reporting quarter | Not later than the 25th day after the reporting quarter |
Responsibility of LLC and IE: comparison and fines
When registering an LLC, it should be understood that the liability of an LLC is much greater than that of an individual entrepreneur in terms of both volumes and fines. For example, fines for LLCs and entrepreneurs in comparison with each other for improper use of the cash register differ by a factor of ten. For IE 3-4 t., And for LLC - 30-40 t.
For administrative violations of LLC liability is much higher than that of IP. In addition, responsibility can be assigned not only to the organization, but also to specific officials.
The criminal punishment for the managers of the company is also more severe than that of the individual entrepreneur. It implies a number of articles in the Criminal Code, which is devoted specifically to organizations in the form of LLC.
The tax liability of LLC and IP in comparison with each other is approximately the same in terms of violations, but is spread in terms of payment amounts.
Differences between OJSC, LLC and IP
If we take such forms as OJSC, LLC, IP, the difference lies, first of all, in the complexity of the opening and closing procedures, the choice of activities and the possibilities for future development. Individual entrepreneurs choose small forms of individual business. LLC is used for an initiative group of founders who want equality in management and profit. They establish OJSCs in order to provide companies with wide freedom of activity and large scale.
Is it possible to compare such forms as IP, LLC, CJSC? Their differences from each other are obvious, they are indicated above. In addition, it is worth noting such an important point as limiting the number of founders in a closed joint-stock company.
Case Study: Dental Services
Suppose that an entrepreneur decided to open a dental office or clinic. Recently, this type of service is very popular among the population. For the organization of activities, of course, it is important to purchase equipment, recruit staff, and obtain a license. But do not forget about such an important moment as the registration of activities. At this stage, the question of which organizational form is better to choose for future dentistry is relevant.
To answer what is best suited in dentistry: IP or LLC, a comparison of the advantages and disadvantages of each form of activity will become the most appropriate. The reference point is the fact that the participants in the LLC are not liable for the obligations of the company with their property, in contrast to individual entrepreneurs. However, the advantage of IP is a simplified procedure for registration and maintenance of accounts. In the case of individual entrepreneurship, you can work only on your own, and hire only exclusively nursing staff. There are no such restrictions in LLC. , – , , . , . , .
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Conclusion
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