Is it possible to get a job ip. Contract for the provision of services

There is no such thing as a lot of money - a saying known since childhood turns into a life credo over time. For a family person living in a metropolis in a good area and with normal living needs, one source of income, as a rule, is not enough. Some, wanting to improve the family budget, invest in securities, others get two or three jobs, the rest try to combine employment and private business.

Recently, cases have become frequent when a person, having decided to open his own business, does not bother to find out if it is possible to open an individual entrepreneur if he is officially employed and occupies a specific position, and then loses both his permanent job and the business he started with difficulty.

In contrast to this situation, a citizen of the Russian Federation may deliberately refuse to formalize the status of an individual entrepreneur, not wanting problems at work. When his illegal activities become known, he will not only lose his job, but will also incur administrative and criminal liability.

All these difficulties can be avoided if you correctly approach the question of whether I can open an individual entrepreneur if I work, and what consequences such a decision will have for me.

Any businessman or employee who wants to start his own business in parallel must be clearly aware of the motives that prompted him to take this step, the strength of these motives and the possible consequences (both opportunities and threats) from the decision made.

In general, these motives are four:

• earn more than I earn now in order to have a decent life;
• do what you love, without violating the norms and rules established in society, enjoying yourself and benefiting others, without harming yourself;
• ensure the future well-being of someone else (family, relatives, friends);
• improve social status and take a favorable position in society.

Some motives stimulate a person more than others. A creative person who wants to do what he loves in his spare time from his main job and asking himself if a working person can open an IP will definitely say yes. The occupation itself, to which he has a soul, will compensate him for the lengthened working day, and the need to understand the intricacies of a new profession, and bureaucratic delays, etc.

Those who wish to combine individual entrepreneurship and current work simply to improve their financial situation should seriously weigh the pros and cons and only then make the final choice. Entrepreneurship is a risky activity that depends on a number of factors, and in the case of an individual entrepreneur, all business risks fall on one specific person.

An individual entrepreneur is not a form of business, but the status of a citizen, and individual entrepreneurship is a risky activity aimed at generating revenue and income. However, not all goals become achievable, while responsibility always comes in full.

When asked whether it is possible to work and be an individual entrepreneur at the same time, a person will immediately answer yes, but if you ask him if he is ready to risk all his property in case of failure, the answer will be ambiguous. IP, unlike other organizational and legal forms of business, assumes that an individual entrepreneur is liable for the obligations assumed in full.

This is a well-known fact, but when it comes to the seizure of private property, the entrepreneur feels that he has been cruelly deceived.

Also, combining labor activity with an individual entrepreneur, an employee may face certain risks.

Here are just a few of them:

1. Controlling employers prefer their employees to give the organization all their free time and will not tolerate one of their employees doing an abstract business on the side, especially without notifying the authorities about it.
2. IP requires constant participation and control by the entrepreneur at any time of the day or night, seven out of seven days a week. If the type of activity in itself has a high risk, then a businessman who combines an individual entrepreneur with his main job will be forced to constantly be torn between two fires. This, on the one hand, threatens him with failure in both areas of activity, and on the other hand, it may adversely affect his work and further performance.
3. Since the duties of an individual entrepreneur are inseparable from his finances, there is a risk that with the loss of a permanent source of income (salary) and low business growth rates, the bankruptcy of an individual may occur very soon.
4. IP, unlike other forms of business, does not have wide opportunities for delegation of authority. There is a high risk that while occupying an administrative position at the main place of work and managing your own business, control in one of the places may be lost, and moreover, irretrievably.
5. If the type of activity that you do at your main job and your individual business are similar or the same, management may consider this an attempt at dishonest business dealing and even sabotage. In this case, not only the job will be lost, but also the reputation.
6. Regardless of the receipt of income from economic activity, the individual entrepreneur pays a single social contribution from available sources. If the main source of income becomes such a source, the very idea of ​​\u200b\u200bcreating a business loses its meaning. Expenses will go at a double rate, and income will disappear altogether, depriving the businessman of the opportunity to develop the business in the future.

Thus, is it possible to work officially and still open an individual entrepreneur, having overcome all difficulties - yes.

It is necessary to approach the issue of creating a business with all responsibility and common sense, thoroughly study all the requirements in order to register an individual entrepreneur, as well as tax and pension policy issues.

The Civil and Tax Code of the Russian Federation do not prohibit the opening of individual entrepreneurship to persons who:

• are citizens of the Russian Federation;
• have reached the age of majority;
• do not have direct prohibitions on the implementation of certain types of activities by a court decision;
• are not civil servants and notaries;
• are not legally incompetent and persons with limited legal capacity by court decision (people suffering from various forms of drug addiction, mentally unstable, dangerous to society and requiring specialized care).

In fact, any citizen, regardless of the presence or absence of employment, who satisfies all of the above requirements, can register an individual entrepreneurship in combination, without interrupting the main labor activity.

A special category includes prohibitions on opening individual entrepreneurs for civil servants, municipal employees, directors of state enterprises or their divisions, as well as those who are serving in the military.

The reasons for the ban are due to both economic and political, as well as universal risks.

It will be quite difficult for a public worker and an elected deputy to give up the temptation to lobby for the interests of their own business. To an employee of a law firm, the interests of his own business are likely to seem more important than a number of letters of the law.

On the other hand, working in public services in responsible positions obviously implies a high share of the workload, which cannot be combined with activities to create and maintain a newly created business.

The ban on opening your own business by law applies only to civil servants, the list of which is signed by the Decree of the President of the Russian Federation.

If you do not know for sure whether your position falls into a special list or not, it is better to consult with competent specialists.

If your immediate supervisor is loyal to your employment outside the main job, you can discuss this issue with him. If not, the Human Resources Department and the notary, who can be contacted with this question, know the answer to a sensitive question.

At the same time, you will get the opportunity to find out in advance how colleagues and superiors will react to the idea of ​​​​opening an individual entrepreneur by you. A lawyer will advise on other important issues related to the opening of a private business.

The procedure for registering an individual entrepreneur who has and does not have a labor activity is the same, if there are no restrictions. By contacting a notary with a question whether an individual entrepreneur can work in another organization under a formalized employment contract and open his own business, and will receive a positive answer.

Neither in the work book, nor in the collective agreement, there may be no marks on the beginning of your business on the side, if the authorities do not insist on revising some clauses of the agreement.

In some cases, by mutual agreement of the parties, an individual acts both as an employee and as a customer. The contract for the performance of work is replaced by a civil law agreement, and payment is made in accordance with the act of work performed.

In order to apply for an IP, a working citizen will need:

• passport and individual taxpayer number;
• application form P21001;
• receipt of payment of state duty;
• an application for the transition to the simplified tax system in two copies (you need to choose a suitable taxation system in advance, otherwise it will be chosen by default on a general basis).

In the future, the entrepreneur will have to pay taxes on his own and without reminders, make contributions to the Pension Fund of the Russian Federation and the Compulsory Medical Insurance Fund. Also, the individual entrepreneur is forced to regularly submit reports to the tax and statistical services, in addition to the main activities related to document management.

There is no significant legal difference between whether you open an individual business before or after employment.

Whether or not an individual entrepreneur can work in an organization under an employment contract - yes. He acts as an individual. Contributions to the pension fund and the insurance fund from the National Assembly occur on a general basis, which, however, does not relieve the individual entrepreneur of obligations for contributions related to individual economic activity.

An entrepreneur is required by law to pay an insurance premium throughout the entire life cycle of a business. Exceptions are grace periods when a person is objectively unable to manage a business.

The basis for the exemption are:

1. Caring for a child up to 1.5 years.
2. Care for persons over 80 and care for the disabled.
3. Army service and diplomatic mission of a married couple IP.

Subsequently, when calculating a pension, all grace periods and deductions both in the course of labor activity and in the course of commercial activity will be taken into account. Pensioners, along with other citizens, can open their own business and manage financial receipts.

Closing the IP and returning to the main job

If you objectively understand that you are not able to combine work and private business, the best solution would be to give up one of them.

The procedure for closing a sole proprietorship is simpler than closing a joint-stock company or LLC, but it also takes time, effort and a responsible approach.

If your decision to close the IP and return only to work under an employment contract is final, carefully consider a few points:

• when they intend to start the closing procedure (if the IP is not declared bankrupt by a court decision) and how to combine it with the main activity;
• do it personally or through a trusted person;
• whether you can pay off all the obligations you have assumed right now or is it worth postponing the closure of the IP for a more suitable time.

Risk is a noble and worthy cause, but in the case of personal finances and health, it must also be not only justified, but also well thought out. It is not difficult to open an individual entrepreneurship in combination with the main job, if you approach business wisely, it is much more difficult to benefit from this for yourself and your family for a long time.

Today, in our country, few citizens work under an employment contract in only one job. The desire to earn more money encourages a person to look for additional income and do something else besides the main job. Someone has an additional income from time to time, and someone makes it even more than at their main job. It is in this that the desire to formalize their activities appears legally.

Aspiring entrepreneurs often wonder if it is possible to open while working officially? By law, no one forbids you to register a company. Of course, this has its own nuances, and it is worthwhile to initially figure out who is prohibited from simultaneously conducting commercial activities and working. It is also worth knowing when registration of an IP is mandatory and whether your activities will affect labor relations.

In order to find out who is allowed in our country and who is forbidden to engage in individual entrepreneurship, you need to read. The article says that able-bodied citizens of the Russian Federation over 18 years old who do not have restrictions on doing business can register an individual entrepreneur. Even if you are under eighteen years old, you can register your individual entrepreneur, provided that your parents sign a written consent to this, which says that a citizen can conduct entrepreneurial activities from the moment his business is registered with the local tax authority.

The article does not say that persons who are officially employed cannot organize their own. Since an individual entrepreneur is not an LLC or OJSC, it is not a legal form. An individual entrepreneur is an individual, therefore, he has the same rights and the opportunity to work officially, regardless of whether there is a commercial activity or not. Of course, there are some prohibitions. For example, it is impossible to open an individual entrepreneur within 12 months after an individual is declared bankrupt in the Arbitration Court. Also, those persons whose activities are related to the public service will not be able to register theirs. In this situation, civil servants should not be confused with employees of budgetary organizations.

Who cannot register an individual entrepreneur while working officially

As mentioned above, not all individuals working officially can open their own private enterprise. Restrictions here apply to those people who are in the service of the state:

• deputies and officials;
• military personnel;
• police officers;
• heads of municipal enterprises.

It is also not possible to become an individual entrepreneur to a notary or a lawyer. These restrictions are mainly due to the fact that people working for the state or representing the interests of the country are very busy. Commercial activity takes a lot of time, you need to do business constantly. That is why, if civil servants will be engaged in entrepreneurship, when will they do their work. Often, a person working in a state enterprise thinks that he belongs to civil servants. In state organizations, there is a separation of civil servants and hired workers. The category to which your position belongs is prescribed in the employment contract.

Also, positions that accept the status of civil servants are prescribed in the Decree of the President. In order to avoid problems and disagreements in the future, it is good to approach your supervisor and clarify whether it is possible for you to open an individual entrepreneur at the same time as your official work? For example, a teacher of a municipal educational institution can rightfully carry out tutoring activities, but the head doctor of a municipal hospital cannot conduct commercial activities. In any case, if you have doubts about whether you are allowed to open your business and continue to work, it is better to consult with specialists or with your immediate supervisor.

Combining entrepreneurial activity with the main job

If, while working in an official job, you began to understand that entrepreneurial activity is your vocation, you need to weigh all the pros and cons. If you wish, at the beginning of your journey you decided to combine work and business, you should know that you have no obstacles. It is necessary to plan everything, calculate the time, because entrepreneurship takes a lot of time, and the bosses at work will obviously not like the fact that you have become worse at coping with your work. It is also worth calculating whether the business will live up to its expectations. Of course, you can do business and work at the same time, but you should know that this is a costly business in terms of time and money. For example, contributions to the Pension Fund and the Social Insurance Fund in 2017 amount to 27,990 rubles.

In any case, in order to open your own business, according to the laws of our state, it must first be registered. The registration process is the same for everyone, both for working citizens and for the unemployed. Registration of an enterprise takes place in the federal tax service at the place of registration of an individual. To start registration, you need to collect a package of documents:

1. Identity document. Passport of a Citizen of the Russian Federation (copies of its pages are also required).
2. Taxpayer identification number, TIN (if you did not receive a TIN, then upon successful registration, the tax service will automatically assign you this number).
3. Receipt of payment (in 2018, the payment amount is 800 rubles, it is worth noting that if registration is refused, these funds will not be returned).

Also, before submitting these documents, it is desirable to understand the system of taxation of the enterprise. In our country, therefore, it is better to choose a more suitable form in advance. In the event that you know in advance in what form you will pay taxes in favor of the state, along with a package of documents to the tax service, you submit the corresponding application in two copies.

After three working days from the tax authority you receive documents that confirm your status as an individual entrepreneur. From this moment you can start running your business legally. Remember that from this moment you also assume a number of legal obligations as a business entity, namely:

• keep a book of income and expenses;
• payment of taxes according to the chosen system of taxation;
• making contributions to the Pension Fund and the Social Insurance Fund.

Labor relations with the employer

From the point of view of the law, after you have registered with the tax service as an individual entrepreneur, there should be no problems with your employer. It is worth noting that everyone does not need to talk about the new status in a row, and according to the law, there is no need to notify the manager that you are engaged in entrepreneurial activity.

From a legal point of view, everything looks good, but in practice there are often cases when the manager is not happy that his employee has started doing business. Dissatisfaction may be related to the fact that the employee began to give all the best at his workplace, and he devotes all the return and energy to his enterprise. If, after your employer finds out that you are an individual entrepreneur, he begins to increase his requirements for you, you can file a complaint with the labor inspectorate.

There are also situations when an employer wants to reconsider their relationship with an employee. The bottom line is that if any work is performed, and not by an employee of the enterprise, then the employer will save enough money that he would have to pay for you to the Pension Fund and the Social Insurance Fund. Also, your boss will not need to pay you for vacation or sick leave, as well as any other social packages. At first glance, this may seem like a big disadvantage for an individual entrepreneur, but in such a situation, your tax in favor of the state will be less. Since for a hired worker it is 13% of the salary, and an individual entrepreneur, when choosing a simplified taxation system, will give only 6%.

Conclusion

Most people who run businesses today, whether small or large, most of the time started small. Most entrepreneurs did not leave their jobs until they were convinced that the business brings a good income, which far exceeds wages. Most importantly, there are no regulations or laws that can prohibit you from doing business. If you do not belong to the category of citizens who have the status of civil servants, all roads are open in front of you. The main thing is that you can combine both activities, have time to work and lead your organization. After all, you can’t be an entrepreneur in your free time, you need to spend a lot of time and effort.

In another case, if you opened your own while being unemployed, but over time you realize that you cannot provide for yourself because you lack experience, you can easily get an official job and combine business with work. Information about entrepreneurial activity is not entered into the work book, so it will not be difficult to get a job. Another thing is if you want to get a job in the civil service, then the IP will have to be closed. It is worth remembering that it is not so important to work at the same time, the important thing is whether a person can cope with the duties assigned to him. In any case, everything depends on the individual, the main thing is to believe that everything will work out.

Some people, having become entrepreneurs, sometimes wonder if an individual entrepreneur can work in another organization with a work book. It turns out that one's own business can be freely combined with official employment, with the exception of certain cases. You can do business if you have free time from your main place of work. However, it should be taken into account that not all areas allow the possibility of combining employment with doing business.

IP opening law

Becoming an individual entrepreneur is not a problem for anyone today. Thus, for particularly active citizens, full of ideas and energy, limitless opportunities open up. At the same time, such activities do not guarantee success. Therefore, people want to make sure not to lose everything. This becomes possible thanks to official employment as an employee.

Even experienced businessmen recommend start-ups not to leave their usual place of work at first and combine it with their new business. Then, in case of failure, it will be possible to return to the previous way of life without loss. Future entrepreneurs may wonder if it is possible to become an individual entrepreneur while continuing to work at their job and not quit. The legislation on this has the following provisions.

1. In Art. 18 of the Civil Code of the Russian Federation says that any citizen has the right to engage in entrepreneurship, if this area is not prohibited by law. He must be an adult and have civil rights.
2. Article 23 of the Civil Code of the Russian Federation states that he has the right to engage in entrepreneurial activities from the moment he registers as an individual entrepreneur.
3. In the law "On the registration of physical. and legal persons” there are no prohibitions on the commission of such actions.

All these legal acts show that an individual entrepreneur may well work simultaneously under an employment contract. But, nevertheless, the rule has both exceptions and limitations.

Registration of IP

An individual entrepreneur, most often, is denied registration due to an incorrect application or the provision of an incomplete package of necessary documents. In addition, there are other reasons that cannot be ignored. So, the following persons are not entitled to register as an individual entrepreneur and engage in entrepreneurial activities:

• deputies of the State Duma;
• Fed. Meetings;
• other levels, working constantly;
• heads of municipalities;
• other persons who engage in various kinds of public activities.

Read also How to make an entry in a work book if there are no blank pages

To better understand the issue, consider the following examples. An accountant working in the structure of local government will be prohibited from obtaining the status of an individual entrepreneur on the grounds that he is a public servant. Well, if a citizen works in the same specialty, but in a private company, then he may well be an individual entrepreneur . But a teacher who works in a school with state status can register as an individual entrepreneur without any problems. But having settled in the same way in the local education department, he will not be able to do this.

Is the relationship with the employer changing?

Important! Another question that arises in this regard concerns the prospects for further relations with the employer. Entrepreneurs are thinking about whether it is possible to remain in labor relations without changes. The answer depends on each situation taken separately. But in general, there will be no changes.

Both before registration and after it, the individual entrepreneur will also receive wages and make appropriate contributions to the FIU, as before. An additional report in this case is not required.

In the work book of the employee there is a record that the citizen got a job at a certain point in time. There is no information that he became an individual entrepreneur. Thus, there are no conflicts regarding whether or not both areas of activity can be combined.

But, despite the fact that nothing will change in the documents with the employer, the latter can find out about the status of his employees, since this information is available on the Internet and is in the public domain. Then the course of events may be different.

Possible risks and difficulties

Some individual entrepreneurs who work both for the employer and for themselves say that insurance premiums are paid for them at the place of official employment. However, one should not be deceived in this regard. Separately, the individual entrepreneur is obliged to pay a certain amount as a fixed contribution. At the same time, insurance paid by the employer is also mandatory.

But whether it is possible and necessary to notify the boss about opening his own business or not, the individual entrepreneur decides on his own, based on the relationship. If there is no special need, then he is not obliged to do this.

In practice, in order to earn additional money, there are times when a person officially working in an organization has a desire to open his own business and be his own boss. This is a very tempting prospect, which, moreover, is not prohibited by law. Here you can fully apply your skills and abilities, which will help you earn additional money in your budget. Hard work, perseverance, patience, the ability to correctly prioritize - will become your main qualities. So, you can open an IP to a working one, but there are still features and limitations that we will consider in this article.

What are the restrictions on opening an IP for a worker

Key differences in registering an individual entrepreneur

The current Russian legislation does not provide for any nuances in the question of how to open an IP for an officially working person. The registration procedure is standard and follows all the rules, as for an individual entrepreneur who does not officially work anywhere.

First you need to submit to the tax office at the place of your residence an application for registration and opening of business activities of the established form, a photocopy of your passport, a receipt for payment of state duty in the amount of 800 rubles, determine the OKVED code and indicate it as the main type. If the type of your business activity will be associated with minor children, then you will need a certificate of no criminal record.

The tax authority will review these documents within five days and issue you a certificate that will give you the right to try your hand at business. Also, data about you as a private entrepreneur will be entered in the unified state register of individual entrepreneurs, about which you will be issued an extract. Further, the tax authority is obliged to notify the Pension Fund. We advise you to control this issue, and most importantly, remember that regardless of how much profit you receive, carry out activities or not, you are obliged to pay insurance premiums and report to the PFC in any case. As an individual entrepreneur, you have the right to make a seal, open a bank account, and hire employees yourself. But do not forget that, unlike official work under an employment contract, now you have responsibilities: keep a book of income and expenses, submit reports, pay taxes and mandatory payments.

Difficulties and features in doing business

First of all, it is not necessary to identify and confuse entrepreneurial activity and activity under an employment contract. When asked whether it is possible for a worker to open an IP, the conclusion is unequivocal: yes, it is possible. However, it must be borne in mind that these are two completely different concepts that do not depend on each other and do not affect each other. There is an opinion that some individual entrepreneurs who officially work in organizations believe that since the employer pays insurance premiums for them, they do not need to do anything. We want to clarify that an individual entrepreneur must pay mandatory fixed contributions for himself in any case. And insurance premiums for him, as for an individual, will be paid by the employer.

There are no more features in the activities of a working individual entrepreneur. He receives a work book, where he makes an appropriate entry. In business activities, such a record is not provided. He also receives an official salary, with which there are accruals, which we talked about above. What attracts me most in an independent business is a free schedule, no rules for observing internal labor regulations, and no “boss-subordinate” relationship. As an official employee of any organization, you do not have such privileges.

As for the question of the need to notify your employer at the official place of work under an employment contract that you have registered as an individual entrepreneur, this is only your desire and your relationship. If there are no force majeure circumstances, then no one will know about this fact.

The difficulties for an officially working individual entrepreneur when opening are as follows:

• Possibility to combine two activities. You can work as a security guard in a store in three days and manage to manage your phone repair business, or you can be a teacher, loaded to the limit with students.
• The risk factor plays an important role in the activities of a businessman. It is included in unearned profits. For an employee, this aspect is excluded. He will receive his salary on time.
• For individual entrepreneurs, there is no social package, which he will also own as an employee at the same time. That is, you can go on vacation and get sick at your official job.
• As an official employee of the enterprise, you will be responsible only for direct loss (and this still needs to be proven), and as an individual entrepreneur, you will be responsible for everything that is written in the contract.
• Most often, an employee can be subject to disciplinary action. It is possible to impose tax penalties on a businessman, bring him to administrative, economic, civil and even criminal liability.
• The employee is responsible for the damage caused by part of the property. The main difference between individual entrepreneurship is that it is liable for obligations and debts with all its property, which, according to the law, may be levied.

After analyzing all of the above, we confirm that it is not difficult for an officially working individual to open an individual entrepreneur. And this is not the main difficulty in the work of IP. Simply, confirming the mandatory sign of entrepreneurship - independence, you must once again weigh all the pros and cons, calculate your strengths associated with the quality performance of your duties in all areas of activity. And if you are confident in your abilities, are able to correctly allocate your time, then all roads are open to you.

Is it possible to apply for an IP while working for hire? An individual entrepreneur has a dual status: on the one hand, it is an individual, on the other, it is a business entity. Knowing about such specifics, it can be assumed that an individual entrepreneur has the right to simultaneously conduct his own business and work in the staff of any organization on the terms. This assumption is correct.

Is it possible to work and open an IP

Individuals - with the exception of civil servants - have the right to register an individual entrepreneur and start their own business without leaving their main place of work. They can cooperate with the employer on the terms of an employment contract and provide services on the basis of civil law contracts.

The exception is those categories of workers who serve the needs of the state: officials, military personnel, employees of the prosecutor's office and security agencies. This contingent does not have the right to do business - it is impossible to sit in the chair of a deputy and the chair of one's own office at the same time.

Some are concerned about the question: “Is it possible to issue an IP if I officially work, and not inform the boss about it?” We answer: yes. An employee is not required to notify the employer that he has received a certificate and is now doing business in his spare time from his main job. Only employment records are entered in the work book, data on individual entrepreneurs are contained in the state register and are available upon official request.

However, employers themselves are often interested in preferring an individual entrepreneur to a full-time employee, and, having learned about the new status of an employee, they can offer him to change the format of further work. The fact is that if an individual entrepreneur performs some work function, the company saves to a large extent on the so-called payroll taxes - an individual entrepreneur pays insurance premiums for himself. In addition, an incoming employee in the status of an individual entrepreneur does not need to pay vacation and sick leave, he is also not entitled to a social package. The absence of labor guarantees does not benefit the individual entrepreneur, but his benefit is smaller deductions from his earnings. For example, on a simplified taxation system, 6% of income must be paid to the budget, while 13% of income tax is deducted from the salary of a full-time employee.

However, having registered an individual entrepreneur, you should not rush to apply for dismissal in order to switch to a different format of cooperation with the employer. The problem is that the scenario described above is viewed by the tax authorities as a desire to evade taxes by unreasonably replacing labor relations with civil law ones. Despite the fact that the judiciary in proceedings on this issue often takes the side of the individual entrepreneur and his counterparty, this should not be abused.

If an individual entrepreneur works under an employment contract, he enjoys all the benefits of such cooperation. On time, he is paid a salary, he can count on a bonus, he rests on vacation at the expense of the employer, and in case of dismissal he receives a dismissal allowance. When an individual entrepreneur is employed, he is obliged to comply with the internal labor regulations.

Can an individual entrepreneur work under an employment contract

The reverse situation, when an individual entrepreneur decides to get a job in the state, is also legal. In this case, the applicant appears at the interview as an individual, and it is not necessary for him to “close” the IP.

If an individual entrepreneur works in an organization on the terms of an employment contract, his entrepreneurial status does not matter to the employer. Settlements with the employee and funds are carried out in the general order for all. Among other things, the employer pays insurance premiums from the salary of an individual entrepreneur. However, the fact that an individual entrepreneur works as an employee of the company, and contributions to funds are made for him as an individual, does not relieve the individual entrepreneur from his obligation to pay for himself.

The question of whether it is possible to work and be an individual entrepreneur also affects the financial aspect. Having settled in the state, the individual entrepreneur continues to pay insurance premiums for himself, even if he does not devote time to his own business at all and does not receive income from it.

According to the law, an individual entrepreneur is obliged to pay insurance premiums for himself throughout the entire time he is an entrepreneur, with the exception of grace periods for non-payment. Such periods include time periods when a person cannot conduct commercial activities because he serves in the army, takes care of a child under one and a half years old, a person over 80 years old or a disabled person. Also, beneficiaries can be IP spouses of diplomatic workers or contracted military personnel who have not been able to get a job for five years. In other situations, insurance premiums are supposed to be paid, even IP pensioners do this. If payments to funds seriously complicate the financial situation, it probably makes sense to initiate the procedure for deregistering the IP from tax records.

In the case when an individual entrepreneur works on a labor basis and retains his entrepreneurial status, insurance premiums paid by both himself and his employer go to the account of the insured person. When forming a pension, all of them will subsequently be taken into account.

For himself in 2019, the IP pays 36,238 rubles. minimum insurance premiums. If income is above 300,000 rubles, then another 1% is charged in excess of this limit (for example, with income of 500,000 rubles per year, an additional 2,000 rubles of contributions must be paid). If an individual entrepreneur has employees, he also pays to the funds for them - in the general case, the amounts are calculated at 30% of payments under employment contracts (with some exceptions).

Thus, the answer to the question of whether it is possible to work and have an IP is most often positive. The materials on our website will help you deal with taxes and individual entrepreneur contributions. Here you can prepare documents for registration of IP. It's free and takes no more than 15 minutes even for inexperienced computer users.