Is it possible to register an individual entrepreneur other than by registration? Is it possible to open a sole proprietorship without registration and conduct business?

Often, future entrepreneurs have a residence permit in one city, but live in another region. It would be convenient for them to register at their place of residence. But the law obliges registration of an individual entrepreneur in 2016 according to registration, that is, at the place of permanent registration, which is reflected in the person’s passport.

If you do not have the opportunity to personally contact the tax authority to carry out registration actions at your place of permanent residence, you can issue a power of attorney to another person to provide documents. But in this case, you will need to sign the application in the presence of a notary. In addition, you can contact the tax office via mail, but in this situation you will also need to visit a notary. And if available personal account on the State Services website and electronic signature You can use the Internet to register an individual entrepreneur.

In any of these cases, the signature on the application must be affixed by the citizen himself who wants to become an entrepreneur. The only opportunity to register an individual entrepreneur using temporary registration is a situation where a person does not have permanent registration at all. That is, the passport of the future entrepreneur does not have a registration stamp, but there is registration at the place of residence.

Note! Registration as an individual entrepreneur at your place of registration does not cancel your right to carry out activities in any region of the country. That is, you can register as an individual entrepreneur, for example, in Tomsk, and open a beauty salon in Nizhny Novgorod.

How to register changes in the registration address of an individual entrepreneur in 2016?

If an individual entrepreneur has changed his registration address, then he himself does not need to contact the registrar to enter the necessary information. The registration authority must receive all information from the authority that made changes to the entrepreneur’s passport. After receiving information that the individual entrepreneur’s registration has changed, the tax office will make changes to the Unified State Register of Individual Entrepreneurs. Also, the tax authority will independently transfer the entrepreneur’s case to the new place of registration.

Hello! In this article we will talk about ways to register an individual entrepreneur, provided that the founder does not have a residence permit at the place of business activity.

Today you will learn:

Is it possible to open an individual entrepreneur without registration;
How to open an individual entrepreneur using temporary registration.

The Civil Code of the Russian Federation defines place of residence as the place of permanent residence of an individual in any premises legally.

Registration is confirmation of a person’s presence at any address. It gives government authorities a guarantee that in the event of conflict or controversial situations, they will be able to find an entrepreneur at the specified address.

But what should those who do not have a stamp in their passport confirming their stay at their permanent location do? There is an exit.

Is it possible to open an individual entrepreneur with temporary registration?

Yes, you can. This is one of two ways to register an individual entrepreneur without a stamp in the founder’s passport at the place of business activity. And there really shouldn’t be a stamp in the passport.

If a businessman has a registration mark in any place, then he will not be able to open an individual entrepreneur. Are you ready to live without a permanent registration stamp in your passport? If yes, then let's look at the nuances.

Temporary registration – securing a person’s right to live in any residential area for a certain period. A temporary residence permit allows a person to use all necessary services at the place of stay: receive medical care, use educational services and much more.

The period of temporary registration is determined by you and the owner of the area to which you are “attached”. But if you purchased a temporary registration for a period of less than six months, you risk being refused.

Another important point. The individual entrepreneur will be registered for the period for which you were allowed to temporarily reside. As soon as this period expires, you will be deregistered.

Documents for registration of individual entrepreneurs without registration

Step 1. Prepare documents for registration of temporary registration at the place of residence of the founder of the individual entrepreneur.

These include:

Passport (it should not have a registration stamp);
The passport of the person who owns the living space where you will be assigned;
Application from the property owner (will be provided to the tax office).

All these documents must be submitted to the tax office, and this must be done by the homeowner. Temporary registration is free.

Step 2. Registration of individual entrepreneurs.

To do this, collect the following set of documents:

Your passport (a photocopy will also do, but it will need to be notarized);
Receipt for payment of state duty (eight hundred rubles);
, which is an application for registration of an individual entrepreneur. It consists of four sheets, please note that in it you need to indicate the type of activity of your individual entrepreneur according to the classifier;
Application for transition to any (if this transition is carried out). If such an application is not completed, then you will be left on the main tax system. Other systems require written confirmation for mode changes;
(here you need the original and a copy).

Step 3. A set of documents must be delivered to the tax office.

You can choose one of four delivery methods:

Bring the documents yourself. This is the most reliable option, but at the same time the most time- and labor-intensive;
Transfer documents with a trustee, but in this case a notarized power of attorney will be required to allow you to be represented by a trustee at the tax office;
Send documents by mail. In this case, the documents must also be certified by a notary;
Use the online service of the Federal Tax Service of Russia.

If the business that the individual entrepreneur will carry out is of a licensed type or requires approval and permission, then you will also need to provide a certificate of no criminal record.

Thus, the process of registering an individual entrepreneur at the place of temporary registration is no different from the standard procedure for opening an individual entrepreneur.

Individual entrepreneur for temporary registration for a foreign citizen

An exception is made for foreign citizens who have received temporary registration in Russia.

To remain legally in the place of temporary residence and maintain the ability to exercise entrepreneurial activity at the place of registration, they must annually register with the Ministry of Internal Affairs. Change your place of residence without permission internal organs they cannot, otherwise they will be deregistered.

Please note that individual entrepreneurs do not have the right to open branches or representative offices in other cities.

Registration at the place of registration

You may be registered, for example, in Nizhny Novgorod, but carry out your activities in Moscow. In fact, an individual entrepreneur can carry out its activities throughout the country. This will free you from having to check out permanent place residence.

If you choose this method, then you need to take into account the following points:

If you choose to pay contributions to the state, then you will need to register an individual entrepreneur with the Federal Tax Service at the place of business. This is necessary so that the entrepreneur can pay tax. For example, if you registered an individual entrepreneur in Nizhny Novgorod, but sell your business in Moscow under the Patent regime, then you need to submit a request for a patent to the tax office at the place where the entrepreneur’s business is sold. At this point, you will already have the IP registration document in your hands. But there are exceptions. If you carry out transportation or trade activities with movement, then you do not need to register with the tax office at the place where the activity is carried out.

If, after applying and paying the tax at the place where the enterprise operates, you decide to move to another region, then you will have to pay the tax again in the region in which you will now carry out your activities.

If the entrepreneur chose, or, then there is no need to submit an application to the tax office at the place of business. In this case, you will be registered only with the Federal Tax Service at your place of registration. You can carry out business activities in any region of the Russian Federation.

As for the documentation required for registration and the process of opening an individual entrepreneur, they are no different from the standard procedure described above.

Features you need to know about

If you carry out activities not at your place of registration, you need to start one at the place where you carry out your business activities. This will make it easier for you to pay your insurance premiums. In addition, we recommend that you post everything through your account. major operations with your clients and partners, it is convenient and safe.

Also take care of your organization. It will allow you to carry out activities without risk to you.

In the event that you do not submit documents to the tax office in person. You need to certify each sheet. This procedure is inexpensive, the cost of one sheet is on average 30 rubles.

There are cases when individuals want to become an individual entrepreneur, but are located in another city or region other than their place of registration. Therefore, the question immediately arises of how to register an individual entrepreneur not at the place of registration, but at the place of residence. To find out, you need to touch on some regulations that regulate this issue. In general, according to current legislation, registration of individual entrepreneurs should occur only at the place of permanent registration. But if you approach this problem from the point of view of all existing laws, then you can find the opportunity to register when a person is in another city other than his place of registration, or without it at all. This also applies to issues related to opening branches of individual entrepreneurs.

According to current legislation, state registration of an individual entrepreneur is carried out at the place of his registration. This is done in order to tie the entrepreneur in paying taxes and other payments for his business activities to a certain tax office and various state funds. It is also a control to ensure that there is no evasion of mandatory payments. Even if the entrepreneur plans to open many branches in different cities. Therefore, the future individual entrepreneur is obliged to contact the tax office at his place of registration, which almost always corresponds to his place of residence. But there are cases when a person changes housing, or he specifically comes to another city for the purpose of doing business without creating a legal entity. Despite the strict registration conditions, there is a way out of any situation that arises.

Methods for registering an individual entrepreneur if a person is not at his place of residence

Despite the fact that state requirements for registering an individual entrepreneur are quite strict, it can be opened in another locality, while successfully carrying out its activities, paying taxes and other mandatory fees. But for this you need to understand some subtleties.

There are such situations:

a person who wants to open an individual entrepreneur and do business in a certain region of our country has a place of residence and registration in another region or locality, and he does not have the opportunity to go to his place of registration to do everything according to the law;
a person who wants to become an individual entrepreneur does not have permanent registration, or changes his place of residence, but has a desire to engage in business.

Of course, the situations are not standard, but each has legal solutions, and they will be discussed below.

Some future businessmen decide to conduct their activities at their new place of residence, where, in their opinion, the conditions are better. But they understand that they need to go to where they are registered, and sometimes there is not enough time for this. There are three ways to resolve this issue.

You can collect all the necessary documents, then write a statement indicating that the person is in another city, and send it all by mail by registered mail with a description of the investment, to the tax office. In this case, the tax office will have to register the individual entrepreneur and give a response also by mail.

It is important to understand here that, despite the fact that the activity will be carried out in another region or locality, taxes and other mandatory payments will need to be made to the accounts of the tax and state funds where the documents were prepared.

Another way is that a future entrepreneur who is located in another locality can give a power of attorney to his friend, acquaintance or relative who lives in the place of registration of the future businessman, so that the latter can register an individual entrepreneur without his participation, but on behalf of him. Such a power of attorney must be notarized and certified only by a notary. There is no other way. This The best way, how you can register a private entrepreneur without personal presence.
There are many lawyers and law firms that have branches and operate in various cities and other localities. Their location can be found on the Internet, or from various commercials on television and other media. Almost all branches of such legal companies are engaged in registration of individual entrepreneurs in all regions Russian Federation, and you can rely on them as professionals. It follows from this that any person who decides to carry out entrepreneurial activities can apply for legal assistance to such branches, enter into an agreement for assistance and entrust the registration of entrepreneurship to professional lawyers.

It is important to understand that, thus, as stated above, you can make any changes to the documents, opening and closing the types of activities of an individual entrepreneur. These three methods can be used in the case when there is a change of residence of the entrepreneur.

Registration of individual entrepreneurs when there is no registration at all

There are cases when a person wants to become an individual entrepreneur, but he does not have permanent registration at all. These are rare cases, but they still happen; there is also a way out of this, and you need to adhere to the following algorithm of actions:

first of all, you need to temporarily register in the locality where the individual lives, this will not be difficult, and you just need to contact the FMS;
After temporary registration has been received, you need to find out the tax authority that services the person’s residence address, and go to where you need to submit the appropriate application and submit the necessary documents.

It is important to know that the temporary stay of a person, a future entrepreneur, in a particular locality cannot become a problem in obtaining a temporary residence permit and subsequent registration with tax and state funds as an individual entrepreneur to carry out business activities.

For this case, you can also use postal services, issue a notarized power of attorney, or contact any branch of a law firm.

You also need to remember that if an entrepreneur who started his activity with a temporary registration has questions related to changes in his activities, or he decides to open a branch in another location, he will be tied to the tax authority where all the primary documents were drawn up.

Registration of a patent

The patent system, which provides preferential taxation, has some subtleties associated with the following problem. Those entrepreneurs who have received a patent must submit reports on the implementation of their activities to the body that issued it. And, as you know, such a permit is issued at the place of business, even if the businessman is registered in another region or locality. This also includes the functioning of branches, which also provide services in permitted types of activities.

To ensure that individuals do not have many questions regarding registration of patents, if they do not have registration at all, want to carry out permitted activities not at their place of residence, or open their own branch with hired employees, we can say the following. Everything can be arranged in the ways indicated above. Postal correspondence, execution of a notarized power of attorney, or the assistance of a competent lawyer will help here.

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We decided to develop legally software, sell clothes, take photographs, cut hair? Open IP. If you are a Russian citizen with permanent registration, there are no problems with registration at all. What to do if you don’t have a residence permit or you’re a foreigner? In this case, certain difficulties await you, which, however, are completely surmountable.

Is it possible to become an entrepreneur without permanent registration?

Federal Law of August 8, 2001 No. 129-F3 “On State Registration legal entities and individual entrepreneurs” states that in order to register an individual entrepreneur, it is necessary to confirm the place of residence of an individual. Opening furniture store in Moscow, permanently reside and are registered in Moscow? No problem. Let's find out what to do in other cases:

Your registration and the city where you plan to do business are different. For example, you are registered in Kaliningrad, but you open a cafe in St. Petersburg.
There is only temporary registration. You live with your aunt in Moscow and are registered with her temporarily.
You have a residence permit. You have the right to reside in Russia for three to five years.

What is a place of residence according to the law?

According to the above-mentioned law, the address of residence is permanent registration, that is, registration. Temporary registration is considered to be the place of residence. For example, they changed their place of work, moved to another city, and temporarily registered their place of residence there. If you have both permanent and temporary registration, then new business will be issued with permanent registration.

List of real estate that acts as a place of residence:

apartment/house;
residential premises for official purposes;
other residential premises.

To confirm your place of residence, it is enough to be either the owner of the property or a tenant. In the latter case, you should conclude a rental agreement.

My address is not a house or a street

How to register a business without registration

You can open an individual entrepreneur at the tax office only at your place of residence. Fortunately, we live in the era of Internet development, and if you do not want or cannot come to the tax office of your city, use the services of online business registration using a digital signature. To do this, register on the website of the Federal Tax Service. Then fill out the application for individual entrepreneurs.

Provide all required information. When filling out the application, you can choose a convenient method for delivering documents, and also pay the state fee for registering an individual as an individual entrepreneur: electronically or in cash at a Sberbank branch.

If you successfully complete the application, you will receive an invitation from the tax office in three days. You will need to take with you a copy and original of your passport, a receipt for payment of the state duty and, if necessary, an application for transition to simplified system taxation.

Conducting business activities is permitted not only in hometown, but also wherever you please, throughout the country. Most importantly, do not forget to timely report income at the place of registration of the business.

Registered Russians can conduct business throughout the country: the main thing is to pay taxes and submit declarations on time

Is it possible to open a business if you live and are registered with an aunt or uncle?

Living as a guest is not easy. But if there are no other options, and you want to open a stall, then register an individual entrepreneur with the tax authority of the city where you temporarily rent housing or live with relatives. And the business will also be considered temporary. While you live at the place where the stall is registered, you can sell ice cream or something else. As soon as the registration period expires, you will have to stop doing business.

Here's what you need to do to open your cherished project if you don't have a residence permit:

Show your passport to prove to the tax officer that you do not have permanent residence.
Show proof that you have a place to legally live for the next six months. There is a chance that they will register an individual entrepreneur with a registration period that expires (two to three months). But remember, the registration period is equal to the life of the business.
Tell the owner of the property where you are temporarily living that you are going to provide his address when registering the business. This is not necessary, but it is worth informing in order to avoid misunderstandings in the future (for example, if any business correspondence for you arrives at his postal address). Explain to the homeowner that he has no obligations to the state.
Collect documents for individual entrepreneur registration:

Form P21001 (application).
Payment of duty (check).
Passport.
Certificate of temporary registration (copy).
Tax identification number (copy).
Application for switching to a preferred tax payment scheme.

If another person submits documents instead of you, then issue a power of attorney for him, and also notarize the application and a copy of the passport. If you are sending documents by mail, send them by certified mail.

Temporary registration also gives the right to do business in Russia

How to become a businessman in Russia for a foreigner

If you are a foreigner and legally reside in Russia, then you can register an individual entrepreneur at the address registered on your residence permit or temporary residence permit. If you do not have a residence permit or temporary residence permit, you will be denied registration as an individual entrepreneur.

The procedure for registering a business for foreigners is no different from that established for Russians. Like a Russian citizen, a foreigner should contact the tax service at his place of residence and provide the package of documents listed above. Documents for foreign language you need to translate it into Russian and have the translation certified by a notary. In addition, you need to obtain a work permit. Since 2015, foreigners from “visa-free countries” receive patents, and citizens of other “visa” countries receive work permits.

After the period of legal stay in the country expires, the validity of the individual entrepreneur’s registration also ends.

Foreigners can freely open an individual entrepreneur in Russia if they legally reside here

Video: step-by-step instructions for opening an individual entrepreneur

The main aspects of starting your own business are clear to you. Short list necessary documents There is. Check with regulations or your city's tax office for details. Go for it - opening an individual entrepreneur is not so difficult.

Is it possible to register an individual entrepreneur not at the place of registration? Individual entrepreneur is a citizen who has passed and has the right to do business. In general, registration of an individual entrepreneur is carried out at the tax office at the place of residence, or the registration address in the passport. It is not always profitable to do business in the locality where the entrepreneur is registered, which is why the question arises: “ Is it possible to open an individual entrepreneur with temporary registration?“There is no clear answer to this question, so we suggest you look into it.

Is it possible to register an individual entrepreneur at the place of temporary registration?

Temporary registration is the address of the place of residence of an individual, which differs from the place of residence registered in the passport. Russian citizens are required to undergo temporary registration if they plan to live in a locality on the territory of the Russian Federation where they are not registered for more than 90 days. This obligation is established by Law No. 5242-1 of June 25, 1993 (as amended on June 29, 2015).

Temporary registration or temporary registration allows you to get a job in another city, enroll your child in a kindergarten or school, or apply at your place of residence for medical care and social support. But the answer to the question - is it possible to register an individual entrepreneur using temporary registration - depends on whether the individual has a permanent registration in his passport.

The difficulty is that registering an individual entrepreneur with temporary registration is only possible if the passport does not have a stamp indicating permanent registration. If it is very important for you to open an individual entrepreneur with temporary registration, then to do this you will have to leave your place of residence.

The period of temporary registration of an individual is of great importance - if it is less than 6 months, then registration of an individual entrepreneur at the place of residence may be refused, although there is no direct indication of this in the law. Please also note that registration of individual entrepreneurs under temporary registration will be carried out for the period of temporary registration. If this period expires, it means that the individual will be removed from tax accounting and is not entitled to continue legal business activities.

The procedure for opening an individual entrepreneur for temporary registration does not differ from that which an individual goes through, it’s just that the address in the application will be the address of temporary registration. You can prepare documents for individual entrepreneur registration free of charge and correctly on the portal for entrepreneurs 1C-Start.

Can an individual entrepreneur work in another region?

If registering an individual entrepreneur with temporary registration is not possible for you, since your passport has a permanent registration stamp, and you do not want to be discharged from there, then you should know that an individual entrepreneur can work throughout Russia.

The activities of individual entrepreneurs in another region are permitted under any tax regime, but the following must be taken into account:

Registration of an individual entrepreneur in another region or in another city will be necessary if the entrepreneur has chosen the UTII or PSN mode. In fact, this is not state registration of an entrepreneur, but only registration of an already existing individual entrepreneur with the Federal Tax Service at the place of activity as a payer of an imputed tax or a patent. For example, a person is registered as an individual entrepreneur at his place of registration in Rostov, but wants to buy a patent and work in Moscow. To do this, you need to apply for a patent to the Moscow tax office, already having a state certificate of registration of individual entrepreneurs. The exception applies only to activities related to transportation, distribution and distribution trade; such entrepreneurs do not have to register for taxation at the place of activity.
If an entrepreneur has chosen the simplified tax system, OSNO or unified agricultural tax, then he can work in any region of the Russian Federation, even where he has neither permanent nor temporary registration. In this case, it is registered for tax purposes only with the Federal Tax Service at the place of registration; there is no need to register at the place of real activity.

Thus, there is not always a need to open an individual entrepreneur in another city or in another region, even if you want to start an activity in a different locality where you are registered.

How to open an individual entrepreneur in Moscow without registration

Registration of individual entrepreneurs in Moscow under temporary registration occurs on the same grounds that we have already considered. If you have a permanent residence permit in another region in your passport, you will not be able to register as an individual entrepreneur in Moscow. If you have a temporary residence permit in Moscow, but do not have a permanent registration stamp, then you can become a Moscow entrepreneur.

By the way, do you know which tax office to register an individual entrepreneur in Moscow? As in other large cities, state registration business is carried out by only one specialized tax inspectorate, in Moscow this is the 46th Federal Tax Service Inspectorate. It is located at the address: Pokhodny Proezd, building 3, building 2.

Thus, it is possible to open an individual entrepreneur in Moscow without registration in the capital, but only if the following conditions are met:

absence of a permanent registration stamp in the passport;
availability of temporary registration in Moscow.

We hope that our article answered your question in detail: “Is it possible to open an individual entrepreneur with temporary registration?”

Is it possible to open an individual entrepreneur with temporary registration in another city in 2018? updated: November 30, 2018 by: Everything for individual entrepreneurs