Currently, many citizens do not want to work "for an uncle", but prefer. This is a good chance to realize your potential, independently plan your time and income. At the same time, owning a business is also an additional responsibility. Moreover, not only for themselves and their income, but also responsibility to employees. Any business must be legalized, which means that an individual needs either. Registration of individual entrepreneurship is much easier and cheaper, but there are restrictions for a certain category of citizens to engage in private activities. In this article, we propose to consider: who can open an IP.
Age restrictions for registration of IP
In accordance with existing laws Russian Federation, every citizen has the right to register as an individual entrepreneur, if he is fully capable, has reached the age of majority, and court prohibitions have not been imposed on the activities of the future entrepreneur.
So, at what age can you open an IP? According to the basic law (the Constitution of the Russian Federation), from the age of 18, any citizen in the Russian Federation is considered capable and can fully independently exercise their rights and obligations. There are exceptions for starting a business. A citizen can open an individual entrepreneur without reaching the age of majority. In this case, it is necessary to provide an additional document to the registration authority.
- Firstly, it is possible to provide the written consent of the citizen's parents or his guardians to conduct minor entrepreneurial activity.
- Secondly, it can be confirmed that an individual has acquired full legal capacity on the basis of a judicial act. To do this, you will need to bring a copy and original of the court decision to the territorial body of the tax service.
- Thirdly, full legal capacity, and, accordingly, the acquisition of the right to register an individual entrepreneur, possibly due to emancipation (for example, entering into a legal marriage). If emancipation occurred as a result of marriage, then you need to provide a certificate of its conclusion.
And one more option - if the body of guardianship and guardianship gave an opinion on the establishment of full legal capacity for a citizen. Accordingly, we bring the received permission to the tax office.
When asked if a pensioner can open an individual entrepreneur, the answer will be yes. The law does not provide for an upper age limit for the registration of private activities.
Thus, the registration of entrepreneurial activity is not limited for individuals by age, but only by legal capacity.
Video: How to open an IP in 15 minutes?
Features of IP registration for foreigners and stateless persons
Let's also consider who can register an individual entrepreneur, in addition to citizens of the Russian Federation, and what is needed for this. , according to the laws of the Russian Federation, have the right to register a business in Russia. To do this, they need to confirm their place of residence or place of temporary stay on the territory of the Russian Federation.
For registration as a state of emergency, a foreign citizen must additionally provide a photocopy of an identity document. The document must be the one established by federal law and recognized in accordance with the international agreements of the Russian Federation and the state of which the individual is a citizen.
For a stateless person, it is required to bring an identity document. The sample must fit the international treaties of the Russian Federation with other countries.
If the above documents do not contain information about the place and date of birth of an individual. person, it is necessary to provide a birth certificate, or another document that can confirm this data. The submitted form must comply with accepted international standards.
In addition, a prerequisite is confirmation of permanent or temporary residence on the territory of the Russian Federation.
Benefits for IP
When registering a private business, there are a number of possible indulgences. For example, there are benefits when opening an individual entrepreneur with disabilities. Namely, disabled people of the third group since childhood are exempted from payment in the amount of 800 rubles. But this type of benefits depends on who registers the IP. It means that this exemption from the duty must be fixed in your subject of the Russian Federation (on the territory of which the registration takes place).
In general, when registering a business, for those who can become an individual entrepreneur, there are no benefits, although there are a number of incentives for doing business and taxation.
Benefits when opening an IP for a number of citizens may not be required. There is a program to subsidize start-up entrepreneurs. In this case, the state assumes part of the costs (including the payment of the state fee). In order to take advantage of this program, you must first familiarize yourself with its terms and conditions and contact the employment center. Before registering as an individual entrepreneur, you will need to register with this center.
Video: Tax - benefits for individual entrepreneurs
Business Restrictions
Consider: who can become an IP in Russia. These are citizens of Russia, and foreigners and stateless people. But there are a number of restrictions for these categories of persons.
A private entrepreneur cannot be:
- state and municipal employees;
- military personnel;
- individuals who have limited legal capacity (including those who are registered with a narcological dispensary);
- foreigners and stateless persons, in the absence of confirmation of registration in Russia.
So, starting a business and registering it according to the law is quite simple. In any case, it is better to familiarize yourself with the list of required documents in advance and check whether you fit the existing restrictions.
The desire to start a business can arise at any age, be it childhood or adolescence. Many people are interested in how old you can open an IP in Russia. Often, young people find their niche in the market, and they manage to do business no worse than experienced entrepreneurs. What can be the age of a young businessman?
How old can you open an IP in the Russian Federation?
First of all, a novice businessman must be capable. Incapacitated persons are denied registration of individual entrepreneurs. By law, a person becomes legally capable from the age of 18. Only an adult person is considered to be fully capable. AT legal practice introduced the term "incomplete capacity". It applies to persons 14-17 years old. Incompetent persons have a small amount of rights. If a citizen has not reached the age of 14, then his parents, adoptive parents, adoptive parents, guardians or other adults who are responsible for him are fully responsible.
Are there exceptions
So, we discussed above how old you can open an IP in Russia. However, almost all rules have exceptions. For example, let's take the Russian Family Code. Citizens over the age of 18 can marry. In certain situations, the registry office allows marriage from the age of 16. And after registering such a marriage, the person becomes fully capable and can open an individual entrepreneur. And on the same grounds as an adult citizen. AT Labor Code he has other privileges. For example, he may work under a contract or on a contract basis in an organization. The only thing that is required from a 16-year-old person is the written consent of the parents or guardians, certified by a notary. Of course there are types labor activity which are forbidden to them. This is due to the fact that certain working conditions can adversely affect health.
How old can you open an individual entrepreneur during emancipation
Article 27 of Russian civil law states about emancipation. According to it, a citizen whose age is 16-17 years old is not a minor. However, a citizen may be recognized as capable if he works officially under an employment contract or contract in an organization. A person becomes fully capable on the basis of a decision of the guardianship authority. If there is no written consent of the parents or guardians, then the decision on the emancipation of the teenager is made in judicial order. There are two types of emancipation:
- The official work of a person who has not reached the age of majority under an employment contract.
- Entrepreneurial activity of a minor.
Does the government provide benefits?
So, we figured out how old you can open an IP. Can an entrepreneur count on benefits and subsidies? There are no tax benefits. But disabled children or last group do not pay a state fee when they register their business. All other citizens, when registering their business, pay it. In turn, future entrepreneurs can count on subsidies. They are provided for all businessmen, regardless of their age, so the state can exempt them from paying the fee. This will significantly reduce the tax burden on a person who decides to open a business. To receive a subsidy, you must contact the employment service. It will explain the conditions for subsidizing start-up entrepreneurs.
How old do you have to be to open a sole proprietorship? There are no age limits for starting a business. It happens that pensioners become individual entrepreneurs. Good prospects are also opening up for young people.
Young entrepreneurial people who have decided to devote themselves to business are concerned about the age at which they can receive the status of an entrepreneur. Entrepreneurial activity implies the bearing of property liability, and such liability arises from the age of majority. However, there are slightly different rules for business entities.
In order to become an entrepreneur, you must have full legal capacity and capacity. These two concepts are inextricably linked and one without the other is basically impossible. As a rule, a citizen is considered legally capable from the age of 18, that is, coming of age. It is from this age that he can be responsible. Until the age of 18, responsibility to citizens and the state for him, as for a child, is borne by his legal representatives (guardians) or parents. So the young individual entrepreneur asks: “At what age can you legally register as a merchant?” If he is not yet 18 years old, and the desire to do business is great, he should get acquainted with the concept of emancipation.
The emancipation of a minor is the onset of legal capacity and legal capacity after legal marriage or conclusion employment contract with an employer. The onset of emancipation must be confirmed by a court decision or that of the guardianship and guardianship authorities. Emancipation can come from the age of 16. Theoretically, a minor citizen who has entered into a marriage or is employed in accordance with all the rules can become an entrepreneur, having confirmation of his emancipation. Recognition and the concept of this is established by Article 27 of the Civil Code. A sixteen-year-old citizen can, with the consent of his parents or guardians, engage in entrepreneurship, however, for this he must each time take consent certified by a notary for registration, conclusion of contracts, payment for goods, and so on, which is practically impossible. Emancipation solves this problem, that is, the acquisition of the rights and obligations of an adult citizen. Such an acquisition can theoretically occur even before the age of 16, since the Civil Code of the Russian Federation in some regions, due to national characteristics, allows marriage at an earlier age. The onset of emancipation is accompanied by the issuance of a court decision in the case when legal representatives oppose the acquisition of legal capacity by a minor.
An individual entrepreneur must know at what age registration in this status is possible. According to the norms of the Civil Code:
From the age of 18 - any citizen who does not have other restrictions for doing business is independently registered and carries out activities;
From 16 to 18 years old - independently in the event of emancipation established by the court or guardianship / guardianship authorities;
Until the age of 16, it is possible to acquire legal capacity to conduct business in rare situations.
Such an age limit is established by the current legislation for good reason. A minor citizen can theoretically fulfill his entrepreneurial functions, but in practice, it is unlikely that any client or counterparty will want to enter into agreements or transactions with a child. In addition, minor citizens cannot have personal, documented, property that could be responsible for debts.
From the age of 14 to the age of majority, the following types of commercial transactions are available to citizens (Article 26 of the Civil Code):
Small transactions of a domestic nature, the conclusion of which does not imply notary participation or state registration in the status of an entrepreneur;
Invest in financial institutions;
Independently use personal earned funds;
From the age of 14, children are held liable for their actions. Therefore, from this age and with the consent of the representatives, the child can carry out the functions of entrepreneurial activity by registering with a written, notarized consent of the parents. However commercial activity, which is conducted by teenagers aged 14-17, is rather an exception to general rules. In view of the obvious difficulties in acquiring the right and legal capacity, emancipation has not received sufficient distribution in Russia. This is also facilitated by not always positive decisions of judicial and government agencies on the recognition of children emancipated. In addition to getting married or getting a job, a teenager must convincingly prove that he can be responsible, is aware of the need to deduct taxes, comply with the law and the Civil Code.
Conducting entrepreneurial activity is equated to labor, therefore the very fact of carrying out any business by a person who has not reached the age of majority is a condition for his emancipation. Another thing is that all this "entrepreneurial" activity is carried out by him without proper registration and legal grounds. Thus, all controversial points of obtaining legal capacity are considered by the court with the involvement of the legal representatives of the teenager - parents or guardians.
Today it is difficult to surprise anyone with the fact that many people earn their first money in their lives already at an early age. Not so rare are cases when a child in the process of earning shows the ability to entrepreneurial activity. It also happens that the organizational and legal form of an individual entrepreneur turns out to be optimal for the method of earning he has chosen. And then the question arises - how old should the child be in order to tax office they accepted documents for registration from him, and did not send him for a walk until he grows up.
How old should a future entrepreneur be?
The current legislation of the Russian Federation does not contain direct age restrictions for starting a business. But there is a key condition - a potential individual entrepreneur must be fully capable, and this is directly related to age. Full legal capacity, according to the Constitution of the Russian Federation, occurs when a citizen reaches 18 years of age, that is, the age of majority.
It would seem that the question has been settled.
But, fortunately for future young entrepreneurs, regarding own business The law provides for some exceptions. It is possible to open an individual entrepreneur without waiting for the age of majority if the teenager has a passport, and his parents or guardians do not object to his entrepreneurial activities. There are also options when he confirms the presence legal grounds where consent is not required.
A copy of the Russian internal passport is included in the set binding documents for submission to the inspectorate of the Federal Tax Service of the Russian Federation (IFTS) for registration of IP.
A notarized translation of a passport document or a certificate of a stateless person will also be required from a foreigner or stateless person who has a temporary residence permit or a residence permit in Russia.
Other documents, in particular, a birth certificate, are not suitable, and a passport, which can be obtained even immediately after birth, will not work either.
A Russian internal passport is required for registering an individual entrepreneur, but a foreign one is not suitable
And internal passports in Russia and many other countries are issued from the age of 14.
This age for a young Russian is also marked by the onset of limited legal capacity. And, in particular, it means:
- Bearing full responsibility (up to criminal) for all their actions.
- The right to independently dispose of earned money.
- The ability to open bank accounts and debit cards in your name and use them.
- Invest the money at your disposal at your own discretion.
From all this it follows that, upon reaching the age of 14, adolescents have the full responsibility and authority necessary for conducting entrepreneurial activities.
Registration of IP before the age of majority
Upon reaching the age of 14 and obtaining an internal passport, a teenager can become individual entrepreneur. But there is one limitation - for this he must have the consent of his parents or other persons who replace them, drawn up in the form of a document.
This means that when applying for registration of an individual entrepreneur to the tax office, he must attach additional papers to it, which are not required from an adult applicant.
How to open a sole proprietorship at the age of 14
From adults who want to become entrepreneurs, the tax office will need the following set of documents:
- A completed application for state registration of an individual entrepreneur on a standard form.
- A copy of the internal passport (pages with personal data and registration of residence).
- Receipt of payment of the state duty for registering an individual entrepreneur (in 2018 it is 800 rubles).
The teenager, in addition to all this, must provide one of the following papers:
- notarial consent to conduct business activities from his mother and father, guardians or guardianship and guardianship authority;
- a document that confirms that the consent of one of the parents is not required (death certificate, court decision on recognition as missing, incompetent or deprivation of parental rights);
- a marriage certificate if the teenager has already started a family (in some regions where early marriages are approved by local traditions, this is allowed from the age of 14, but in most - only from 16);
- a court decision on the acquisition by a minor of full legal capacity as a result of emancipation.
Of particular difficulty is the case when the parents live separately and one of them is alive and well, capable, not deprived of parental rights, but there is no connection with him and it is not known where to look for him. Alternatively, you can contact the police with a statement about the establishment of his whereabouts. If the search does not yield any results, the police will provide a report within the time limits prescribed by law, which can be used as a document in the tax office.
Teenagers can apply for IP registration online on an equal basis with adults
On a par with adult future businessmen, teenagers, having collected the whole set necessary documents, can send them to the tax office in three ways:
- Take it personally. You will need to first make copies of all papers, except for the application, and have the originals with you and present for verification.
- Send by registered mail with acknowledgment of receipt and description of attachments. All documents and the signature under the application must be certified by a notary.
- Transfer via the Internet using the service on the website of the Federal Tax Service (FTS) of Russia. The application is filled out online, copies of documents are uploaded in the form of digital photographs or scans.
Ready-made EGRIP record sheet, confirming state registration IP, issued on the third working day. If desired, you can choose to send them to the address of the applicant by mail. In this case, you will not have to go to the IFTS, but delivery will take some time - usually from several days to two weeks.
In addition, from April 29, 2018, when directly contacting the tax authority, an answer on state registration can be obtained by e-mail and not on paper.
Is it possible to open a sole proprietorship at the age of 16
The age of sixteen no longer has such a fateful meaning for a teenager as it was in former times. In the Soviet Union, this age was considered a significant milestone for a number of reasons, in particular:
- At this age, citizens of the USSR were issued passports (now at the age of 14).
- Allowed to work on a shortened working day.
- In exceptional cases marriage was allowed.
- There was a right to buy tobacco products in stores (now from the age of 18).
Citizens of the USSR, unlike today's Russians, were issued passports at 16, and not at 14
Now all this, except for the opportunity to start a family (and in some regions, marriage, as already noted, is allowed from the age of 14), which allows you to register an individual entrepreneur without the consent of parents or guardians, has lost its relevance.
If the current legislation of the Russian Federation allows you to become an entrepreneur from the age of 14, then at 16 it is possible and even more so.
Restriction of the rights of a minor citizen to dispose of financial resources
When a teenager reaches the age of 14, as already noted, he automatically receives the right to dispose of his income, whether it be a salary, scholarship, pension or other social payments, etc. And the profit from his entrepreneurial activity is no exception.
It is permissible to limit this opportunity for him, as in relation to adults, only by a court decision. And he, in turn, is entitled to take it out only when there are grounds provided for by law.
Courts make such decisions if evidence is presented that a teenager from 14 to 18 years old is abusing alcohol and / or drugs. This may be the testimony of witnesses, certificates from a sobering-up station, a narcological dispensary or other medical institutions, acts drawn up by police officers or representatives public organizations, acts of suspension from work due to intoxication, etc.
Only a court has the right to restrict a teenager in the right to freely dispose of his income.
The procedure for the consideration of such cases by the courts is prescribed in Art. 284 of the Civil Procedure Code of the Russian Federation.
It stipulates that the following must be present at the hearing:
- the minor himself, in respect of whom an application has been submitted to restrict the right to dispose of money;
- prosecutor;
- the applicant (these can be both the parents or guardians of the teenager, and third parties);
- representatives of guardianship and guardianship authorities.
And if the law allows holding a court session without a prosecutor, then one cannot do without a minor whose application is being considered by the court.
In the event that the presence in the courtroom can be dangerous for the teenager himself or other participants in the process, the option of an off-site meeting is provided in the place where he is kept, for example, a psychiatric hospital, an institution social service or a rehabilitation center.
Parents' fears that a teenager, having gone into business and started making a profit, will not be able to rationally manage the money that has fallen on him is quite understandable. But the best way insure on this subject will take care of in advance financial literacy own child.
Financial literacy is useful in life, regardless of the presence of entrepreneurial abilities.
Here it is appropriate to recall the books of Robert Kiyosaki, in one of which he quotes his “rich dad” just on this topic. For reference to those who are unfamiliar with the works of Kiyosaki: this is how he calls his classmate's father, who became his financial guru.
In one of his conversations with young Robert, “rich dad” said that he didn’t care what path his own son chose in life. And if he does not want to continue his father's work in business, the tragedy will not happen. But the ability to handle money, which he instilled in his own child and Robert from an early age, should have come in handy, no matter who the son eventually decided to become - a janitor, a fireman, a salesman, a teacher, etc.
So, starting from the age of 14, a teenager has the right, subject to a number of conditions, to engage in entrepreneurial activities. However, the status of an individual entrepreneur implies not only rights, but also obligations. For example, pay taxes, submit reports on time, make contributions to off-budget funds, regardless of their financial results, comply with the laws and regulations governing a particular area of activity. And for all this, the young businessman is responsible on a par with adult colleagues.
The definitions of civil law on legal capacity with legal capacity affect the age at which an individual entrepreneur is opened. Legislation in matters of age qualification when registering individuals as entrepreneurs does not give a clear answer; it is worth relying on the norms of the Civil Code of the Russian Federation and its interpretation of a citizen's readiness for independent entrepreneurial activity. The right to conduct business is assigned to every citizen of the Russian Federation in the Constitution (Article 34). So at what age can you open an IP in Russia according to the law? Let's figure it out.
The concept of legal capacity
Under the legal capacity of the Civil Code of the Russian Federation, it means the ability of individuals to dispose of their civil rights and implement the duties assigned to them (Article 17). For every citizen, the ratio of rights and obligations is the same. These two sides legal relations in society arise at the time of the birth of a person and disappear after the death of an individual.
The Civil Code of the Russian Federation in article 18 reveals the features of legal capacity and its inherent features:
- a citizen is endowed with the right to own property, to acquire it in ownership;
- individuals can inherit real estate and bequeath it to other persons;
- the right to conduct a private business or create enterprises;
- powers to conclude transactions within the framework of existing legal norms;
- the possibility of using copyright, property and non-property rights.
Legal capacity cannot occur until the citizen has legal capacity.
The concept of legal capacity
To understand from what return you can open an IP, you need to say a few words about the legal capacity of individuals. This concept is inextricably linked with the issue under consideration.
Legal capacity implies the ability of citizens to exercise their civil rights and obligations. Full legal capacity appears in a person after adulthood. Exceptions for earlier cases of onset of legal capacity are made in case of early marriage (Articles 21 and 27 of the Civil Code of the Russian Federation). The Family Code establishes the minimum age for creating a family - 18 years, the age bar, if there are good reasons, can be lowered to 16 years (Article 13 of the RF IC).
Signs of legal capacity, but incomplete, but partial, appear in persons aged 14 to 18 years. Such citizens are allowed to conclude transactions with the written consent of the legal representatives of adolescents to this action. Persons under 14 years of age are incapacitated, all decisions are made for them by their parents (upon reaching the age of 6, children become available for separate transactions).
Legal capacity after 16 years comes in the case of emancipation with:
- official employment of a teenager;
- implementation individual entrepreneurial activity.
Underage Entrepreneur
The Civil Code and Law No. 129-FZ of August 8, 2001 do not prohibit the registration of entrepreneurs who have not reached the age of full legal capacity. At what age can you open an IP - from the age of 14, subject to a special registration procedure. From minor entrepreneurs, the registering authorities require additionally to submit:
- written consent of legal representatives, certified by a notary;
- a copy taken from the marriage certificate of the registered citizen (if any);
- a copy of the document confirming the onset of the teenager's legal capacity (decision of the court or guardianship authority).
In the process of entrepreneurial activity, a minor citizen who has taken shape as an individual entrepreneur will not be able to carry out all operations independently. He will be forced to confirm the possibility of concluding a deal written consent legal representatives. Such a procedure will be relevant until the entrepreneur reaches full legal capacity, which follows from the norms of Art. 26 of the Civil Code of the Russian Federation.
