Many citizens of the Russian Federation are interested in how child support will be exacted from individual entrepreneurs. In Russia, entrepreneurial activity is flourishing and flourishing. And many people leave work "for uncle", opening their own business. Problems with child support in this case are provided for many. Indeed, the income of entrepreneurs is an unstable thing. Because of this, ambiguities arise. What you need to know about maintenance obligations for SP?
Is there any child support?
The first thing you should pay attention to is whether there is a responsibility for the maintenance of needy family members among entrepreneurs. As a rule, for alimony, you must have an official income.
IP has it. True, not always the same. Child support in Russia is withheld according to the same principles as with ordinary hard workers. But here you have to consider some features.
Amounts subject to alimony
For example, how to calculate the income of a citizen. It is considered that the entrepreneur’s profit is the proceeds from economic activities.
That is, it is necessary to focus on tax returns. They indicate the costs and income of the potential payer. From the corresponding amount will have to build on in the future. In this case, alimony will not be considered expenses when paying taxes.
What do not take into account?
But that is not all. Child support payments are calculated only after some expense items have been deducted.
Namely:
- deductions to extra-budgetary funds "for oneself";
- costs from activities;
- taxes.
They are repelled from the received amount when calculating alimony. It would seem that everything is extremely simple and clear. But in real life this is not so. And you have to annually require the alimony to review the amounts paid. After all, IP, as a rule, receives different profits from year to year.
About taxation and business
What alimony with IE on the "simplified" paid? The same as with any other tax system. It does not affect the studied component.
As we have already said, a citizen will have to deduct the amount of taxes from the annual income received. This indicator is in every tax system. Therefore, all entrepreneurs are equal before the law.
Types of payments
How much is paid alimony support? It all depends on the circumstances. But, as practice shows, the calculation of funds allocated to a particular family member is made on a common basis.
There are several types of alimony. They are:
- tied to human earnings;
- in a solid size.
It is best to demand a second penalty. So the entrepreneur will not be able to avoid child support by understating the income from his own business. In addition, you do not have to go to court all the time and demand indexation.
Payout Sizes
How do I pay child support? Just like any other citizen. According to the law, a person’s earnings minus costs, deductions and taxes will be taken into account. There is nothing difficult or special about this.
How much to pay in one case or another? Let us examine the situation with the example of child support. This is the most common scenario.
How much does child support pay in Russia? It is best to focus on the following indicators:
- 25% of income - for 1 baby;
- 1/3 of the profit - in the presence of two minors;
- half of the income - for 3 or more children.
These are the minimum indicators that are guided by the court. Sometimes an entrepreneur may pay less than the specified interest. When is this possible?
Less than a minimum
Similar situations are extremely rare in real life. The thing is that alimony with individual entrepreneurs is paid on general terms. If the profit from the activity is too large, you can count on a decrease in liabilities.
That is, if you prove that 25% of the profit, for example, covers all the needs of a child with interest, a decrease in payments will follow. This is normal, albeit rare. According to the law, alimony was invented in order to provide for relatives in need, and not to indulge them.
Who is paid?
Who is eligible for child support? It is not difficult to answer this question. The legislation of the Russian Federation clearly prescribes the main groups of persons entitled to support from relatives.
Most often, the recipients of alimony are:
- children (including adults);
- spouses
- parents.
If the entrepreneur does not conduct business, but his business is open, debt accumulates. You cannot get rid of child support for children and parents. But in the absence of income from an individual entrepreneur, you can not pay your spouse. As practice shows, this is a fairly common phenomenon.
Fixed amount
What child support payments can I get from a child? There is no single answer to this question in Russia. Someone conscientiously gives the required interest, and some try to avoid such responsibility. Some citizens file a child support alimony.
How much should you pay in this case? As much as the court appoints, taking into account all the expenses of the recipient and the profit of the alimony. It is possible that the cost of living in the region will be taken into account. There are cases when child support amounted to only 2,500 rubles. A similar phenomenon is not uncommon.
Payment Methods
Alimony, if the husband is a private entrepreneur, can be recovered. After all, entrepreneurs are considered an employed layer of the population. And no one will release them from responsibility for the maintenance of children, spouses or parents.
In Russia, the following options for paying alimony are possible:
- voluntarily;
- in court;
- by child support agreement.
Alimony, if the father of FE, it is better to receive and pay voluntarily. You can agree with your spouse about the amount of support, and then, without any obligations and negative consequences, fulfill the obligations. This alignment is good, but it is the most unsafe. For legal protection, an alimony agreement is more suitable.
Unfortunately, spouses (especially former) can not always find a common language. And therefore, alimony with an individual entrepreneur, as with any other citizen, is recovered in court. Payments are made based on a court order. In the event of late payments, various sanctions apply.
Where to go?
Which court should I go to recover child support? In Russia, such cases are heard by justices of the peace. They also study issues related to the adjustment and cancellation of payments.
If you can agree, you can go to a notary public. He signed an agreement on the payment of alimony, which will serve as a guarantor of fulfillment of obligations. Otherwise, the recipient of the funds will have the right to recover money through the court.
Documents for child support
What papers are useful for translating ideas into reality? Practice shows that it is more difficult to recover child support from an individual entrepreneur than from an ordinary hard worker. And this is primarily due to the preparation of documents.
To file a claim you will need:
- kinship paper (certificate of marriage, birth, divorce);
- certificates of income of the potential payer;
- lawsuit;
- checks indicating the expenses of the recipient;
- passports of the parties;
- certificate of family composition of the defendant and the plaintiff.
As it’s not hard to guess, problems arise with obtaining income certificates. If the defendant himself did not help get the appropriate paper, you will have to file a petition with the Federal Tax Service. A copy of this paper is attached to the package of documents for the suit. And then law enforcement and tax authorities will find out how much the entrepreneur actually receives from his activities.
Collection algorithm
How do I pay child support? Just like all other citizens. The difference lies only in the complexity of calculating the income of the payer.
The alimony assignment algorithm is simple. It looks like this:
- Collection of documents for filing a lawsuit.
- Drawing up a statement of claim.
- Submission of documents to the court.
- Participation in the hearing.
- Receipt of the decision and writ of execution on hand.
It is important to understand that entrepreneurs will not be able to understate their profits. Otherwise, they will not only face responsibility for tax evasion, but also for concealing incomes and tax evasion.
About the peace agreement
A similar package of documents will be required from citizens if they decide to conclude a peace agreement on alimony. Often, you can even do without income certificates. Alimony from an FE for a child in this situation is established by agreement. It is prescribed in the agreement of the established form.
To conclude an agreement on the payment of alimony you need:
- Prepare a specific package of papers. We have already talked about them.
- Make a detailed alimony agreement. It indicates the procedure and size of payments. It also specifies the features of the adjustment of financing.
- Contact a notary public with the listed papers. An authorized person will help to draw up a contract if there are problems with it.
- Pay for notarial services.
- To sign an agreement. Each side of the operation must have its own copy.
- Collect certified notaries from a notary public.
That's all. From this moment, you will have to pay child support officially. If you do not fulfill the obligations, you can wait for the recipient to apply to the court. And then even a suspended entrepreneurial activity will lead to the fact that a person will begin to collect debt.
Responsibility
What happens if child support is not paid? The answer depends on the circumstances. For example, from the order of collection of funds.
With a voluntary arrangement, there is no liability. We'll have to go to court to order formal support. Otherwise, they face either a court hearing or more serious sanctions.
In Russia, alimony payers should be afraid of:
- deprivation of a driver’s license;
- seizure of property;
- imprisonment;
- obtaining a ban on leaving the country.
In addition, bailiffs deal with defaulters-entrepreneurs much faster. It is simpler to track down and force to fulfill obligations on alimony than an ordinary employed citizen. Usually, you need to worry about those who own this or that property. It can be lost in an instant.
Finally
How much FE alimony pays? This issue is resolved individually. We have already studied some minimal guidelines. All of these rules are valid to this day.
IP is the same payer of alimony as all other citizens. The only difference is that proving an entrepreneur’s income can be problematic. Today, some, in order not to be listed among entrepreneurs, open a business for close ones. In this situation, a minimum alimony will be assigned to a citizen. In fact, with the right approach, everything is simpler than it seems. There are cases when the wives of entrepreneurs first received minimal payments, and then proved the high income of the former spouse. This has led to an increase in child support. If the father is a private entrepreneur, this will not relieve him of responsibility.