Registration of individual entrepreneur in Russia by non-resident
Non-resident is an individual who lives in the country for at least 183 days a year but is not a citizen. As a rule, these are foreigners, sometimes we are talking about stateless people. The basic law that governs the activities of non-residents is Federal law «Concerning the Legal Status of Foreign Citizens in the Russian Federation». It does not provide for significant restrictions on entrepreneurship.
According to the current legislation, an entrepreneur must have legal grounds for living in Russia. Foreign citizen can register as an individual entrepreneur in case if he can prove such grounds document.
Registration of an individual entrepreneur by a non-resident of the Russian Federation requires compliance with several fundamental conditions: a legal basis for residence, an official application with attachments to the state agency and the absence of obstructive grounds, for example, a criminal record. The last condition applies only to specific areas of work.
Obligatory set of documents required
For complete the registration procedure as an entrepreneur, the following documents are to be collected:
- form Р21001 application, filled in Russian language;
- a copy of an identity card, and in case of date and place of birth absence – a document containing this information;
- a copy of a document confirming the right for temporary or permanent residence in Russia, as well as a certificate or receipt where the address of residence is indicated;
- state fee payment receipt
In order to confirm the right to reside, foreign citizens present one of the certificates: temporary residence permit (TRP) or a permanent residence permit (PRP). Usually TRP affixed in the passport. On the reverse side, they make a note of registration at the place of residence. If you have a residence permit, the registration stamp is affixed directly to this permit.
TRP and PRP by itself are considered as identification cards. But if you only have a visa, it is not enough to register as an entrepreneur in Russia because a visa does not imply a specific place of residence.
Registration of individual entrepreneur in Russia by non-resident: procedure to be followed
Procedure is carried out in following stages:
- obtaining of TRP or PRP;
- filing of application and attachments;
- consideration of the application by state body, as well as assignment of the status and registration number to the applicant. It this takes three business days
- receipt of a Unified Register of Individual Entrepreneurs sheet and a tax registration notice
The application is submitted to the tax office in person. However, in the recent past, it is possible to draw up applications through multifunctional centers. It is also possible to apply online via website. The advantage of this method is that it does not require a fee payment. However, online submission requires an enhanced electronic signature of the applicant. Copies of documents are notarized or, upon personal submission, the tax officer verifies them with the originals. Moreover, all applications which are filled not in Russian language are accompanied by a notarized translation.
Additional requirements for registration
Foreign entrepreneurs are being refused in registration in cases where documents and filing applications was flawed. For example, if copies of documentation were not certified by a notary, the papers were submitted to the wrong authority, the package of attachments to the application was incomplete. Therefore, it is critically important to comply with all the rules and requirements for submitting documents, as well as consult with an experienced lawyer.
In which other cases, government agencies will not register an entrepreneur?
- Its previous state registration remains valid.
- A year has not passed since the court delivered a decision on entrepreneur’s bankruptcy due to the inability to pay debts or a decision to terminate his business activities compulsorily.
- The term of deprivation of the right to do business by a court decision has not expired.
It is also important to remember that in some cases, doing business through individual entrepreneurship is not possible. For example, in order to conclude contracts of shared participation in construction on the side of the developer, it is necessary to be registered as a legal entity.
In order to work in some areas, a foreigner should comply with additional conditions. State authorities may require a certificate of criminal record and criminal prosecution. And if a foreigner was nevertheless detained by the police, he will be required a certificate of termination of criminal prosecution on rehabilitative grounds. These documents are necessary in case if future commercial activities are related to children: their education, upbringing, organization of leisure, medical care, social protection and services. The same certificates are required to undertake work in youth sports or art involving minors.
The applicant should also consider the issues of taxation, the need in seal, open a current account and purchase cash registers. He will need to obtain licenses and permits, to register with the Social Security Fund (SSF) and the Pension Fund of Russia as an employer.
The presence of a seal by an individual entrepreneur is an optional condition, with the exception of employment records’ registration of and the absence of cash registers when registering cash transactions.
VALEN lawyers will help you to register a business in Russia. The list of our services includes consultation on all issues of individual entrepreneurship, as well as analysis of possible risks and development of ways of eliminating them. Our experts will help you in collecting the necessary set of documents and arranging in documents’ filing to a government agency.You can leave a request on our website or contact our lawyers via phone +7 (495) 7-888-096 to get a consultation. We are also waiting for you at our office in Moscow.