Is it possible to open an individual entrepreneur with temporary registration: rules, conditions and registration procedure

Legislative norms

According to Federal Law No. 129, when opening the status of an individual entrepreneur, an individual must indicate the address not of the production premises or office, but of the place of residence. If a citizen’s passport does not contain a permanent residence permit, he can register with the fiscal service at his residence address.

A similar stamp is placed in the passport if an individual intends to reside in another region for more than 90 days. Unlike permanent registration, it has a limited period - up to a maximum of 5 years.

After this period, the migration service authorities automatically deregister him from this residential premises (house, apartment). When this happens, the status of an individual entrepreneur is automatically canceled, so temporary registration should be done for a period of at least 6 months.

If an individual’s passport contains registrations of both types, he will not be able to officially become an individual entrepreneur at a non-permanent place of residence. To do this, he first needs to be discharged from his permanent place of residence.

Where is an individual entrepreneur registered if he has permanent and temporary registration?

If you have a permanent residence permit, a temporary one does not matter for individual entrepreneur registration. According to tax officials, a stamp in a passport is a priori more important than a certificate of temporary registration. Waving documents to prove the legality of living in another city is useless. You will have to register an individual entrepreneur with the Federal Tax Service at your place of residence, even if this inspection is located far away.

It is not necessary to go there in person; you can submit documents for registration of an individual entrepreneur remotely - send a representative to the Federal Tax Service with a power of attorney or send by mail a package of documents with a list of attachments. However, in this case you will have to have the P21001 application certified by a notary.

An even simpler way is to register an individual entrepreneur using an electronic digital signature. You need to contact the appropriate company in your city, obtain an electronic signature and send documents electronically; later you will receive an electronic container of documents, which can already be used to open a bank account. The originals will be sent to you by email. We have partners who provide this.

Registration of individual entrepreneurs at their location

In case of successful registration, the entrepreneur has every right to conduct business wherever he pleases - from Kaliningrad to Vladivostok.

If the individual entrepreneur has not changed the general taxation system or simplified one to UTII or PSN, then he will have to report to the same tax office where the business was registered. The entrepreneur will be registered with the Pension Fund of Russia and the Social Insurance Fund at his place of registration, regardless of the tax regime.

In the event that registration of an individual entrepreneur in another region is necessary at all costs, you can register from your permanent address of residence, and thereby get rid of the connection to an unwanted inspection.

Step-by-step instruction

Registration of an individual entrepreneur for temporary registration is carried out in the same manner as for permanent registration, but involves a number of differences. Let's look at how this is done step by step.

Step 1: Decide on the type of activity

To correctly complete all documents, first of all, you need to make two choices:

OKVED codes . They are selected in accordance with the direction of the business and can be either basic or additional if you plan to expand in the future. The selected four-digit codes are included in the application for individual entrepreneur status.
Tax systems . Determines the procedure for paying tax fees and depends on a number of factors, including the scope of activity and the amount of expected income. The taxation system (TS) is: OSN (general);
simplified tax system (simplified);
patent;
UTII (imputed or Unified tax on imputed income);
UAT (Unified Agricultural Tax).

When choosing UTII or patent regime, you will also need to register an individual entrepreneur with the Federal Tax Service at your actual place of work.

Step 2: Prepare documents

The list of required documents looks like this:

Application on form P21001. Filled out according to standard rules, with the exception that temporary registration is indicated as the address. Form P21001 can be found here.
A copy of an identity document.
Certificate of registration at the place of residence, which complies with Art. 680, 685 of the Civil Code of the Russian Federation and has a period of 6 months.
Original TIN and its copy.
Receipt for payment of the state fee, issued in the name of the applicant. According to Art. 33.33 Tax Code, the fee is 800 rubles.
Application for transition to the simplified tax system, if you plan to immediately switch to the simplified system from the main mode (OSN), which is assigned automatically. If the choice was made in favor of UTII or a patent, the transition is made only after receiving individual entrepreneur status.
A power of attorney from a notary for filing documents on behalf of an individual entrepreneur, if this will not be done by the entrepreneur, but by his authorized person;

If all the affairs of the future entrepreneur are handled by a trustee, you will also need to notarize the application and a copy of the passport.

Step 3: Submit papers

The collected package of documents must be submitted to the tax office or MFC at the place of temporary registration. If it is not possible to visit the service branch, documents can be submitted remotely. These include:

What is your registration?

Registration at the place of residenceRegistration at the place of stay

post office;
service “Submitting electronic documents” or “Submitting an application” on the official website of the Federal Tax Service;
portal of public services of the Russian Federation;
electronic reporting operator service.

Interesting article: Features of registration of temporary registration in Krasnodar

Step 4: Get an answer

When submitting documents through the tax office, the application will be reviewed within 3 business days, and through the Federal Tax Service – up to 7 business days. If the decision is positive, the entrepreneur will receive:

certificate of registration as an individual entrepreneur;
record sheet from the Unified State Register of Individual Entrepreneurs;

The tax service will automatically send information about the new entrepreneur to the social insurance funds, in favor of which he will have to make payments.

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 of a 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?”

Are foreign citizens with temporary registration allowed to open an individual entrepreneur?

Federal Law No. 115 establishes that foreigners living in Russia, when conducting business activities, can enjoy the same rights as citizens of the country, provided they have temporary registration, a residence permit, a work permit (if they have a visa) or a patent (if they do not have a visa). visas).

Features of individual entrepreneur registration

Foreigners receive individual entrepreneur status in the same manner as citizens of the country, at the territorial office of the Federal Tax Service at the temporary registration address. They can apply personally or through a principal. In any case, they need to provide the following documents:

application in form P21001;
copies of identity documents;
a copy of the residence permit;
certificate confirming residential address;
receipt of payment of state duty;
refugee certificate (if available);
power of attorney to provide interests (if necessary).

All documents in foreign languages must be translated into Russian and notarized. If it is difficult for a foreigner to fill out an application in Russian, he can do it in his native language, and then get it translated and certified by a notary.

If the entire list of documents is drawn up in accordance with established standards, then the citizen will receive the status of an individual entrepreneur within 5 working days. After the check, the originals of all papers submitted to the Federal Tax Service will be returned to him.

Interesting article: How to get a loan without permanent registration?

Nuances

All non-residents who have received individual entrepreneur status must take into account the following rules:

The duration of his registration as an individual entrepreneur depends on the period of time during which a foreign citizen is officially allowed to stay on the territory of the Russian Federation. As a rule, it is 3 years.
If a foreigner is registered in one branch of the Federal Tax Service, but works in another region, he must pay taxes in accordance with the rules adopted in the place of business. This requirement also applies to the delivery of swelling according to a special regimen.
To legally temporarily stay in the Russian Federation and run their own business, a foreigner needs to report to the Ministry of Internal Affairs every year.

If there is no permanent registration

It will be possible to open an individual entrepreneur with temporary registration if the following conditions are met:

The period before the end of temporary registration exceeds 6 months
There is no mark on permanent registration in another region in the passport
The opening of an individual entrepreneur takes place in the place where you are temporarily located
The individual entrepreneur will be able to work until his temporary registration expires

note

: Along with the standard package of documents, you will additionally need to submit a certificate of temporary registration.

You can submit documents to the Federal Tax Service, through the MFC, or by sending documents by mail.

Create a complete package of documents for free

On this site you can create a complete package of documents for opening an individual entrepreneur yourself for free and spending only 15 minutes of your time. Fill in the information in the form fields, following the prompts, and then print the finished documents. You will also receive further instructions: where to go, what to do, what papers to submit.

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Is it necessary to register an individual entrepreneur?

Many beginning entrepreneurs may wonder whether it is necessary to register an individual entrepreneur, especially in the absence of permanent registration? The answer to this question is strictly positive, for a number of reasons:

on the territory of Russia, illegal business activities are prohibited and prosecuted by law;
the list of clients who will want to deal with a company represented by an ordinary individual will be meager;
Difficulties may arise in the process of transferring funds;
the enterprise will constantly attract the attention of regulatory authorities.

What does the law mean by place of residence of an individual entrepreneur?

An individual entrepreneur is an individual, therefore, for the concept of his place of residence, we turn to the Civil Code. The Civil Code of the Russian Federation in Article 20 gives the following answer to this question: this is a residential premises where a person is constantly or usually located, acting as an owner, a tenant or having other legal grounds.

Of course, no one obliges an individual to permanently reside at the address indicated on the registration stamp. At the same time, no one will dispute the logic of the fact that registration is the official confirmation of a person’s location. Thus, it is assumed that a potential individual entrepreneur is somehow accessible at his permanent registration address, primarily for official bodies.

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Additional points

If a citizen has already been previously registered as an individual entrepreneur and is going to expand, for example, open his own branch, which will be located in another locality or region, the local Federal Tax Service Inspectorate (federal tax service inspectorate) is obliged to accept his request.

If the activity is carried out through UTII, the entrepreneur must notify the tax office upon registration of a new branch immediately after it begins to function.

All individuals legally residing in Russia can officially register their activities at their place of temporary residence. To do this, you will need to submit correctly collected documents to the tax authority and register as an individual entrepreneur within the next working days.

How and where to register an individual entrepreneur at the place of residence

If a citizen wishes to obtain status at a temporary address, he should visit the tax office located at the place of temporary residence of the applicant.

At the same time, a businessman has the right to work in any region where he wants and even to operate in several localities. But tax reporting is required only at the place of temporary residence.

Important! The exception is when entrepreneurs choose a taxation system in the form of imputation (UTII) or patent (PSN). They have the right to pay a fee to the tax office that is located at their place of work.

You can submit your application and documents in person or through a representative. It is also allowed to send papers remotely - using Russian Post. If a representative acts on behalf of an individual entrepreneur, a notarized power of attorney will be required.

It is also possible to register as an individual entrepreneur using an electronic signature. You will need to contact the appropriate company, obtain an electronic signature, and then start sending documents.

Registration at temporary place of residence

How to open an individual entrepreneur if your registration is in another city? Initially, you will need to be discharged from your place of permanent residence. After which you need to contact the passport office to obtain temporary registration. The further procedure is no different from the usual submission of documents when opening an individual entrepreneur.

You need to prepare:

passport and TIN;
receipt of payment of state duty;
application for opening an individual entrepreneur.

Documents are submitted to the tax service at the place of temporary registration. Notification from the Federal Tax Service is also sent to the entrepreneur at the place of residence indicated in the application.

Is registration required for an individual entrepreneur if the applicant is a person with a different citizenship? Without obtaining Russian citizenship, a foreigner does not have an official registration address. He can only have a temporary residence permit.

Persons legally living in the country have similar rights and obligations (Federal Law No. 115-FZ of July 25, 2002). Until the expiration of the temporary registration, a foreigner has the right to engage in business and open an individual entrepreneur.

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