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Is an individual entrepreneur an individual or a legal entity? Individual entrepreneur is a legal or natural person |
Among those who are not interested in this issue, there is an opinion that legal entities include any form entrepreneurial activity. Whether it's a society with limited liability, or individual entrepreneur- it’s all the same. Entity. But is this really so? After all, there is a huge legislative basis for differences both in doing business and in the various opportunities and restrictions that are imposed on both of these types commercial activities. Therefore, for those who are planning to open a business and choose a form of activity, it is important to understand what the differences really are, and how to actually talk about the status of individual entrepreneurship. The simplest explanation for the average person (that is, someone who is simply interested in this issue, but is not associated with it): IP is individual with the rights to conduct business activities of a legal entity. From the point of view of the legislative spectrum, an individual entrepreneur is called a private entrepreneur, or “an entrepreneur without forming a legal entity.” But still, this is an individual. Thus, almost anyone can become an individual entrepreneur, but he will have to fulfill the requirements specified by law. That is, it will be an individual who builds his activities within the boundaries and requirements of the law, but does not register a legal entity. In even simpler language: There lives a certain Ivanov Ivan Andreevich. He decided to go into business, but did not want to create any company like Avdrug LLC. Therefore, he registers according to the rules and becomes an individual entrepreneur Ivanov Ivan Andreevich. From this moment on, he has the right to engage in commerce, but only within the framework of legislative norms and legal norms that regulate the work of those who have registered as “investors”. And still, he is not legal entity. Why you can’t engage in commercial activities without being an individual entrepreneur
Who are individuals?But if the entrepreneur remains an individual, then it is worth understanding what is meant by this term. In fact and in the letter of the law, an individual is a person who has rights and obligations within the framework of legal regulation state system. An individual has his own characteristics
What do a simple individual and an individual entrepreneur have in common?
Important! An individual without an individual entrepreneur cannot conduct commercial activities. And this is the fundamental difference. That is, that same Ivan Andreevich Ivanov cannot start a business if he has not gone and registered himself as an individual entrepreneur. But even after registration, when he receives additional rights to engage in commerce, he remains in the status of an individual. We analyzed the characteristics of individuals and looked at the similarities and differences between those who registered the right to business. Now let's see, in order to be sure to imagine the whole situation, what character traits legal entities have. Signs of a legal entity
Note: with regard to property liability, in the case of organizing a legal entity, its founders contribute their parts to the common “piggy bank” authorized capital. Note 2: In legal proceedings, a legal entity is a representative of the entire organization. What do individual entrepreneurs and legal entities have in common?
Comparison of individual entrepreneurs with legal entities. FaceTo finally understand why an individual entrepreneur is not a legal entity, we can list the following characteristics point by point: Taxes. Both pay. Accounting. Both lead. Employees on staff. Anyone can hire. Checking account. The individual entrepreneur has the right. A legal entity is obliged. Seal. IP has the right. A legal entity is obliged. Fines. Mandatory for violations by both individual entrepreneurs and legal entities. However, in the case of the latter, they are more significant. Responsibility. The individual entrepreneur is responsible for everything he has. A legal entity - only within the framework of its share of the authorized capital. Registration. Registering an individual entrepreneur is simple. You need a passport, application and receipt. The legal entity will need constituent documents. Address. An individual entrepreneur is registered at his place of residence, but does not necessarily conduct business there. A legal entity has a legal address, which most often coincides with the location of the office. Activities. Individual entrepreneurs have many restrictions on various complex species commerce. A legal entity can obtain a license for them. Income management. The individual entrepreneur decides how to manage it himself. When withdrawing cash from the account, you only need to indicate that this is the income of the entrepreneur. The legal entity is obliged to indicate the purpose for which they will then be used. No matter how similar the two forms of entrepreneurship may be, there are still more differences. Both in quantity and quality, especially in the area of duties and responsibilities. On the other hand, an individual entrepreneur can exercise his right to open a current account, create a seal and recruit employees. Then the level of differences will sharply decrease. Pros and cons of an individual entrepreneur compared to a legal entityAll these factors (both positive and negative) can be deduced from what we identified earlier based on a comparison of the two forms of commercial activity. Among the obvious advantages are:
Flaws:
Bottom lineWe figured out the difference between ordinary individuals, individual entrepreneurs and legal entities. You can find many differences, as well as similarities. Exactly the same as the positive and negative features of all forms of economic activity. And, if you again ask the question voiced at the beginning of the article - is an individual entrepreneur a legal entity, then you can confidently say “No”. An individual entrepreneur is still the same individual. But it has registered its activities in accordance with the rules of registration and accounting of business activities. And accordingly, after this it acquired certain rights and obligations, which in turn are regulated by separate laws and articles of codes. The law allows those persons who have confirmed their legal and legal status to conduct commercial activities. Business is any type of activity aimed at making a profit. It can be maintained by both individuals and legal entities (LLC, municipal, state enterprises). (IP) carries out its activities without forming a legal entity (legal entity). But why does the question increasingly arise: is an individual entrepreneur an individual or a legal entity? It turns out that not everything is so simple. And the fact is that the same Civil Code creates confusion in terms. Immediately after determining the status of an entrepreneur, it is indicated that he and his activities are subject to the same rules and regulations as legal entities. Very often, entrepreneurs are forced to defend their rights and seek the truth in court. A legal entity is an organization that has its own property and civil rights. This institution can independently defend its interests in court proceedings. A legal entity is not tied to a specific person. The founder and shareholder may change, but the name of the company remains the same.
To clearly understand who an individual entrepreneur is – a legal entity or an individual, let’s consider the main differences between them:
We have determined who an individual entrepreneur is - a legal entity or an individual, and also indicated the main differences between them.
Beginning businessmen are in no hurry to open companies, but prefer to register a business. What is the reason for this choice? The answer is simple - they are allowed to use the patent tax system. According to its rules, an individual entrepreneur does not need to be formed and submitted financial statements, independently determine the amount of tax. The term and amount to be paid are indicated in the patent itself. An entrepreneur can calculate the amount of payment in advance on the Federal Tax Service portal https://patent.nalog.ru/info/ . Often this system is the most profitable for a businessman.
An entrepreneur does not need to report to anyone how he used the money he earned. All profits belong only to him. He can transfer funds from his current account to his personal account and use them at his discretion. You will have to pay tax according to the chosen system.
Main disadvantage An individual entrepreneur is his responsibility with all his property to creditors and to the state for the offense committed. The disadvantages also include the obligation to pay insurance premiums for yourself. A businessman is not exempt from it even if he receives a loss or has no business activity at all. By the end of 2019, individual entrepreneurs must pay two types of contributions for themselves:
But these fees are paid by an entrepreneur who has received an income of no more than 300 thousand rubles. If this limit is exceeded, then an additional 1% is paid. Pension Fund. The law has already established the amounts of payments for oneself for 2019 and 2020 - 36,238 rubles and 40,874 rubles, respectively. Wage laborAn entrepreneur has the legal right to use hired labor to carry out activities. He can make notes in them work books. For the hired employee himself, it is absolutely unimportant who his employer is - a legal entity or an individual entrepreneur. The Civil Code does not indicate any differences between workers depending on the status of their employer.
In practice, entrepreneurs also get their own stamps. Without them, business partners do not always want to cooperate and enter into contracts. A document certified by the signature and seal of an individual entrepreneur has a more solid appearance and legal force. From the material discussed above, we can draw the following conclusion: despite the presence of many contradictory points in Russian legislation, you can clearly determine whether an individual entrepreneur is a legal entity or an individual.
An individual entrepreneur is still recognized by law as an individual. This definition is given by the Civil Code. But conducting commercial activities obliges him to comply with most legislative acts and requirements that also apply to legal entities. At the same time, an entrepreneur has advantages over an LLC, especially in terms of distribution of profits and payment of taxes, punishment for violations of the law. The Civil Code of the Russian Federation and other legislative acts provide a clear definition of the concepts of a legal entity and an individual entrepreneur. They have their own characteristics. Key Similarities and Differences
Under IP means an individual who carries out his activities independently and on his own behalf, as well as duly registered. Entity is an organization that has separate property and independently responsible for its obligations. These two concepts are united only by the fact that both conduct business activities, but in the registration procedure, structure, taxation and other legal aspects they are different. Individual entrepreneurs are registered under their full name and place of residence, and a legal entity also has a legal address, which is indicated during the registration process. The main difference between an individual entrepreneur and a legal entity is that the latter has the Constituent Documents or Charter, within the framework of which it carries out its activities. Any changes must be made to mandatory. Individual entrepreneurs, on the other hand, have a more free form of business, changing which does not require a procedure for revising the Charter. The disadvantages of the business system of an individual entrepreneur compared to a legal entity include:
The status of a legal entity presupposes the presence of an executive body that is actually involved in the management and activities of the organization. And the individual entrepreneur is managed by the individual who created it. The address (place) of a legal entity is recognized as legal address specified in registration documents(often occurs when the specified address does not coincide with the real location of the company). Registration of the location of an individual entrepreneur is carried out at the place of residence of the individual or at the place of his stay. Reorganization of an individual entrepreneur’s business compared to a legal entity also has a number of preferential benefits. To change the required data, you must provide an application and a document (a copy thereof) confirming the change. Rights of a legal entityAny participant in legal relations has a set of rights and obligations. Legal entities have civil rights that correspond to the goals of their activities. This set of rights is spelled out in the Charter Document. Legal capacity can only be limited by law. Status of an individualAn individual is a citizen who has the corresponding rights and responsibilities. He acquires them from the moment of birth and uses them all his life. One of these rights is, after which the laws regarding the activities of an individual entrepreneur, as well as any others relating to individuals separately, are applied to the citizen. Why is there confusion in terms?Firstly, from the definition of an individual entrepreneur it is already clear that this is an individual who is responsible for his obligations independently. That is, everything is entrusted to a certain person, which cannot be said about a legal entity, where the company bears all responsibility. The confusion occurs due to the fact that an individual entrepreneur has the same attributes as a legal entity, namely, a seal, a current account, etc. Cases when an individual entrepreneur acts as a legal entityDespite the obvious differences between the two concepts, there are options in which the actions of an individual entrepreneur are similar to a legal entity. Such cases include:
Advantages and disadvantages
If an LLC is declared bankrupt, foreclosure on debt obligations is applied only to the property contributed by the founder to the company's fund. Individual entrepreneur as a person directly conducting business, fully liable for all debts, formed during the working period. In this case, debt collections are applied to all property owned by the individual entrepreneur, with the exception of property that is not subject to seizure and recourse to repay the debt. In addition to all of the above, an individual has the right to bequeath all of his property to another person. In daily activities, individual entrepreneurs and LLCs can use various tax regimes. First of all, this is a general taxation system, which is mainly used by enterprises due to the large turnover. Also, individual entrepreneurs use other special tax regimes: simplified, imputed, patent. Any of the above systems implies taxation on profits received as a result of business activities. In addition, companies are required to pay other additional taxes and fees depending on the type of activity. Among them are:
Enterprises pay additional taxes and insurance contributions on employee salaries. Tax withheld from an employee's salary is income tax. For citizens of the Russian Federation the rate is 13%, for foreigners - 30%.
The contribution rate is 22%, 5.1% and 2.9% respectively. Individual when using common system taxes are paid by:
Also, an individual pays other mandatory contributions: health insurance, pension fund, insurance fund. The legislative frameworkAt the legislative level, registration is regulated Federal law“On state registration of legal entities and individual entrepreneurs”, Civil Code, decrees of the government of the Russian Federation, other regulatory legal acts. Learn more about LLCs and individual entrepreneurs in this video.
Many citizens who decide to enter the category of self-employed people most often begin to develop a small-scale business that requires small investments at the start. Of course, they are interested in advance in the various legal norms that accompany their work, since in modern society legality in conducting business should be paramount. One of the questions that interests future owners profitable business, is as follows: is an individual entrepreneur an individual or a legal entity? If you, like them, do not know the answer to the question you are looking for, we advise you to read the material presented. An individual entrepreneur is an individual or legal entity We present the answer to the question for which we compiled the required material, and you decided to read it: an individual entrepreneur is a representative of the category of individuals, and has nothing to do with a legal entity. All the experts who convinced you otherwise made a grave mistake. However, they did this, perhaps unintentionally, by confusing the two groups of people represented. So that you do not make such mistakes in the future, and, not being a specialist, have the opportunity to explain to those who are mistaken the real state of affairs, consider the following table of differences and similarities between individual entrepreneurs and a legal entity. Table 1. Differences and similarities between individual entrepreneurs and legal entities
Video - Who is an individual entrepreneur
Why can’t individual entrepreneurs be classified as legal entities?In fact, in our opinion, an individual entrepreneur should not initially be classified as an individual, despite the fact that its characteristics are this phenomenon applicable, the same can be said about the category of legal entities. None of them can be 100% correct, since, in essence, an entrepreneur is a certain subject of a huge economic system, conducting separate activities. Let us consider successively abbreviated definitions of the categories of interest to us, which are given officially. Thus, a legal entity is any organization has undergone the official state registration procedure, in accordance with the procedure established at the legislative level. A legal entity may have the following orientation:
At the same time, the form of existence of an organization from the category under consideration may be:
A legal entity also:
An individual is any citizen in our case, the Russian Federation, but may also belong to another state or have no citizenship at all. Any individual, no matter whether he has citizenship or not, has from birth specific rights and obligations simply by virtue of his existence, enters into various legal relations in the role of their subject. As for the well-known term, legal capacity, it occurs due to the achievement of a certain age period, in Russia equal to 18 years from the day of birth. Each individual has a certain set of so-called characteristics and properties that determine his individuality and also influence his position regarding rights and obligations. It's about O:
It is also common for each individual to have different legal statuses, which in some cases are mixed. Here are some of them:
One of the rights of an individual is as follows. It can create: An individual entrepreneur is included in the category of individuals. When registering as an individual entrepreneur, a citizen registers a corresponding entity that has nothing to do with the legal entity. Registration of an individual entrepreneur also takes place officially, since his responsibilities to society are as large-scale as those of a legal entity. To obtain the status in question, a person who wants to start his own business must have the following characteristics of a full-fledged subject of civil law:
In addition, in order for an individual to become an individual entrepreneur, it is necessary to go through the official state registration procedure. Let's sum it upWe hope that the presented article answered your question fully. Now that you know which category of person a sole proprietor belongs to, you can make an informed business decision. Beginning businessmen, when registering their activities, try to figure out: is an individual entrepreneur (individual entrepreneur) an individual or a legal entity (LE)? It is necessary to understand the terminology of the definitions of legal entities and individuals (FL). EntityTo understand whether an individual entrepreneur is a legal entity, you should understand the meaning of the last term. In the description of a legal entity, we are always talking about an organization that owns property and assumes obligations. She is responsible for them with all the property, according to constituent documents. An organization can be a plaintiff or defendant in legal proceedings and have rights of a property or non-property nature. A legal entity is an exclusive form of a registered group of people who have common interests, goals and objectives. The main characteristic of a legal entity is organizational unity. Its essence lies in creating your own management systems with administrative bodies and a clear hierarchy. A legal entity has other important features:
Separation by ownership is the presence of property in a company that does not belong to other people, including members of the organization or its founders. Ownership of it is secured on a different legal platform. Liability for property of a legal entity arises only within the framework of the funds amounting to the amount of the authorized capital. Organizations must have a seal and a current account. Transferring cash to other companies is restricted for them. The amount cannot exceed 100,000 rubles. Also, legal entities are required to draw up a charter - constituent documentation describing individual powers and operating procedures. Legal entities are entrusted with a large state responsibility in mandatory reporting for their activities, so many beginning entrepreneurs prefer to limit themselves to the status of individual entrepreneurs in the first steps of business development. Only a stable financial situation leads an individual entrepreneur to transform into an LLC or other suitable forms. The essence of an individualAn individual is a person with a certain range of rights and obligations. One of the prerogatives of an ordinary citizen is economic activity. In this area, a person has equal rights with other participants. Thus, the activities of an individual may be associated with:
An ordinary person can engage in business transactions, concluding transactions, contracts and agreements. An individual can interact with legal entities. To do this, you do not need to create organizations and enterprises.
Similarities and differencesFuture businessmen are usually concerned with the question: is an individual entrepreneur a legal entity? Let's look at the differences and similarities between legal entities and individuals. Common features:
What's the difference between different types commercial activity? Comparison table of characteristics of FL and LE.
Individual entrepreneurThe legislative definition of the concept of “individual entrepreneur” identifies individual entrepreneurs as individuals who are officially registered with the tax authority to engage in commerce without the specialized formation of individual organizations and firms. Russian law uses synonymous concepts: “private” or “without forming a legal entity,” but an active entrepreneur who has not formed a separate organization is an individual entrepreneur. A simple conclusion can be drawn: an individual entrepreneur is not a legal entity. The rights and obligations of individual entrepreneurs are controversial; in order to make a decision on the formalization of their activities, it is necessary to carefully study all the pros and cons of the accepted statuses. The practical side shows that successful entrepreneurs always transform the activities of individual entrepreneurs into legal entities. This is justified in the application of taxation schemes, as well as in cases of certain encumbrances and liability for the activities carried out. |
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