How to the freelancer to register the firm? Councils of the professional lawyerBefore each freelancer there is a question of opening of the enterprise sooner or later - SP or Ltd company. For what it is necessary to make out the business?
First of all, official work - it is perfect other status in communication with customers. Here the second, existence of firm is an opportunity to take the credit, ease in receipt of a visa for a trip to holiday.
Registration as SP (individual entrepreneur) or Ltd company (limited liability company) - the first step to development of own business. But not each freelancer has good knowledge in the field of the legislation therefore ways of official registration are followed by a set of obstacles. This article is urged to resolve the majority of the problems rising before freelancers.
Questions are answered by Yulia Igorevna Kondratyeva - the owner Yuridichesko - the Accounting company of Byurograd.
1. What it is better to open for the freelancer - SP or Ltd company?
the Most important differences in the individual entrepreneur (IE) and Ltd companies (limited liability company):
1. The SP answers for the obligations all the property including personal (it can be even the apartment issued on you), and Ltd company - only within the Authorized capital (and it at the moment - from 10 000 rub) and all property which is written down on this firm.
2. The SP can take money from the account in any quantity and at any time. In Ltd company - only under the basis on definite purposes (for example, on a salary, on kants. goods, on payment to Founders etc.) .
of SP is a little simpler in registration and accounting, but responsibility on SP is much higher. The choice for you - that for you is more acceptable - benefits or responsibility.
2. What kind of activity it is better to specify in constituent documents? Whether should receive the programmer, the designer, the journalist of the license or additional permissions to conducting the activity?
Constituent documents exist only at Ltd company, is not available for SP of constituent documents. Kinds of activity are specified in both cases by special codes of Statistics, only the lawyer will be able to advise and pick up a certain code. In Ltd company it is better to list primary activities, and to unite the others in the phrase: “ and other kinds of activity which are not forbidden by the current legislation “. All kinds of activity are specified in SP. About need of licensing it is possible to read in Federal Law “ About licensing of separate kinds of activity “ for example in the " systems; Guarantor “ or “ Consultant + “.
3. Whether it is possible to work through PBOYuL or Ltd company with the foreign companies and what for this purpose will be required? Of course it is possible for
, but only you should open additional currency accounts.
4. What form of the taxation it is better to choose to pay less taxes? If you chose by
the Simplified system of the taxation (USNO), “ zero “ the reporting (in the absence of activity) can be handed over independently, unlike the General system of the taxation (OSNO).
At USNO it is necessary to choose object of the taxation in advance:
1. The income (the tax on the income makes 6%);
2. The income minus expenses (the tax on the received sum makes 15%).
at the same time expenses almost all expenses admit (even for example, expenses on kants. goods). But if you chose the first option, then practically everything that comes to your account, it is considered the income.
5. How it is possible to sign the contract between the freelancer and the customer if they are in the different cities? And there is no time for transfer of documents by mail?
such form of the contract as the Public Contract - the Offer Exists. You can publish at yourself on the website the contract - and it is already considered that of you it is signed. If the client paid service in this contract - means, the contract is signed. For the reporting the client needs to print out only this contract from the website and to attach the payment order. No signatures and the press are necessary!
6. Whether it is possible to reflect somehow money on accounts department if payment came to the account of WebMoney or Yandex. Money?
Electronic money can be received only through the bank account therefore it is possible to link the electronic account with your r / the account and thus to receive and reflect money.
7. How much is to open PBOYuL or Ltd company in Moscow through law firm? Also will cost an average how many of accounting service, consultations on legal issues?
If you from Moscow or the next Moscow area, price level for you is as follows:
1. Registration of Ltd company - from 12 000 rub at a time (including the cost of receiving the legal address);
2. Registration of SP - 6 000 rub (the legal address is not necessary, it is made out on the home address);
3. Accounting “ nulevka “ (if you do not want to hand over “ zero “ the reporting, in the absence of activity) - 1 000 rub a month;
4. Accounting at small turns (to 10 operations a month) - 3 000 rub a month.
Thus, at rather small expenses, it is possible to come to the new level of business and to pass from the category “ the freelancer - the single “ in the status of the owner of own company.]