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License for retail sale of alcoholic beverages. The cost of a turnkey retail alcohol license. What is an alcohol declaration |
There is no need to explain how profitable the sale of alcohol is. But starting an activity related to alcohol-containing products is difficult. Fighting bureaucracy, having knowledge and experience in paperwork, the ability to interact with government agencies - obtaining an alcohol license for a store must be approached responsibly. You will have to quickly prepare an impressive package of documents, form an authorized capital, and rent/buy premises. But this is not a guarantee that you will be issued an alcohol license. What happens if you refuse? You will not get your documents or paid state fees back, you will lose notary expenses and, of course, time and money. The company "YurExpert" offers a different approach - we will completely undertake to obtain an alcohol license for the store, minimizing the risk of refusal. Alcohol license - who can become an applicant? The legislator will issue a permit for retail alcohol sales only to registered legal entities. In this case, the organization must prove its “worthiness” by confirming the presence authorized capital. Its size may vary significantly for each region, but should not be below 50,000 rubles. (for example, for Moscow - from 1,000,000 rubles). A license for the sale of alcoholic beverages is issued by a separate body (depending on the region) - the department of the consumer market of services. Controls the issuance of permits federal Service on regulation of the alcohol market of the Russian Federation. To obtain an alcohol license, it is necessary to have only stationary premises where trade is carried out and storage facilities for storing products are provided. The store area should not be less than 50 square meters. in the city, 25 sq. m. - in rural areas. Room in mandatory is equipped with an alarm system (both the sales floor and the warehouse), has a safe, and is provided with cash register equipment. The property must be owned by a legal entity or a lease agreement must be signed with the owner. Please note that if an alcohol (trade) license is issued for a rented store, you will have to register a lease agreement with the Federal Tax Service (a period of at least 12 months is indicated). It is unacceptable to locate a retail outlet selling alcoholic beverages near medical and educational institutions, military facilities, markets, gas stations, public transport stops, crowded places. The minimum distance should be from 50 to 200 m (each region has its own standards). Failure to comply with this requirement may result in refusal to obtain a license. The licensing authority must (before issuing a license) carry out an audit assessment of the premises. During the inspection, stores are examined for the presence of:
Please note that the regulatory authority must check the relevance of what is specified in the documents legal address. If you provide false information, you will be denied a license. An alcohol (trade) license may be refused if the premises are found to not comply with the requirements of the law. So that this does not happen, and you do not lose the opportunity to study profitable business, our specialists will help prepare the store for an on-site inspection. Important! Obtaining a permit will become impossible for the applicant if it turns out that the organization has debts to pay taxes and mandatory fees. Before submitting documents, it is worth finding out this fact, although this is not easy to do. Our lawyers are ready to find out whether there are debts, and if they are large, to help register new organization, which is guaranteed to allow you to obtain a license to sell alcoholic beverages. Retail outlet or catering establishment?In both cases, it is necessary to obtain a retail license to sell alcoholic products. But each type of activity has different requirements:
It is possible to issue an alcohol license for 1 year or 5 years (the state fee will be 325,000 rubles). A long-term permit is a more profitable option for organizations, since the license fee may increase next year. Please note if you have been denied a trade permit-The legislator does not provide for the possibility of returning the paid state duty to the applicant. The minimum loss will be 65,000 rubles, the maximum-RUB 325,000 And this without notary fees! Therefore, you should not risk your personal funds, entrust the matter to professionals in order to be able to run a profitable business. Documents for obtaining an alcohol licenseIf you plan to apply for an alcohol license yourself, you will have to collect a large set of documents to submit to the licensing authority. Entrust the case to the lawyers of the company "YurExpert" - avoid a complex procedure, the license will be issued without delay and without your participation. Set of documents for obtaining a license:
Please note that all copies of documents must be notarized. The licensing authority has 30 days to review and verify the submitted documents. After which you will be informed whether it is possible to obtain a license or whether you were denied one. If additional verification of information about the licensee is required, the period for processing the document may increase to 60 days. Renewing a license for the retail sale of alcoholic beverages The YurExpert company will help you renew your permit quickly and without the risk of being refused. If you deal with the renewal yourself, no one guarantees that obtaining a license will be without difficulties. The problem is that in addition to the documents, the licensing authority will inspect your stores. Inconsistencies are found, there are tax debts, the premises are declared unsuitable for selling alcoholic beverages - the license is canceled and you lose your business. What documents to submit:
Please note that you must submit an application for renewal no later than 30 days before the license expires, but not earlier than 90 days before the date specified in the document. 15 days are allotted for the examination of documents, after which a decision is made to extend or refuse permission to sell alcoholic beverages at retail. No license - is there any liability for selling alcoholic beverages? Every year the legislator tightens the responsibility for conducting activities without the appropriate permits. Possible sanctions for violators: Type of offense Legal entities Entrepreneurs
If alcohol-containing products sold without a permit or with one cause harm to the health of the consumer (counterfeit) - responsible person the selling organization will be held criminally liable. Obtaining an alcohol license for a store - why they may refuse Important! Collecting a complete package of documents for a permit does not guarantee the issuance of a document. We suggest not to take such risks - we will audit the compliance of retail outlets current legislation, we will prepare and check the available documents. We will help you quickly obtain additional conclusions from all government bodies, analyze the constituent documents, and check the presence of debts. Which option is right for you:
Applying for an alcohol license is not an easy task, but it is also very expensive. In addition, it will take a lot of time if you don’t know where to start and how to guarantee permission. But the problem can be easily solved without incurring any losses - contact the company "YurExpert", which has extensive experience in obtaining permits for any type of activity.
An alcohol sales license gives the right to restaurants and bars, cafes and shops to sell alcoholic beverages. If you are starting a business that involves selling alcoholic beverages, we advise you to arrange for a permit in advance. The process of obtaining a license is not quick, so if you do not have time to collect all the papers before the opening of your store or catering establishment, sell alcohol on legally You can not. Let's figure out what documents you need to prepare to obtain a liquor license and how the registration procedure takes place. General licensing provisionsWhen planning to obtain a liquor license, familiarize yourself with the regulations governing this process. regulatory documents. This is Federal Law No. 171 “On state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products” dated November 22, 1995 and the corresponding local legislation. Licensing retail alcohol is under the jurisdiction of the constituent entities of the federation, which have their own licensing authorities and independently determine the requirements for applicants and the list of required documents. Retail sale of weak alcohol or drinks with an alcohol content above 15%, for takeaway or for consumption on site - that’s all different types activities, each of which requires a separate license. For example, a store that sells both strong and low-alcohol products must obtain a license to sell alcohol for consumption outside the retail premises.
Conditions for obtaining a liquor licenseTo obtain a license, an organization must meet the following requirements:
Maximum distances from alcohol stores or cafes to various social institutions and places of population in each municipality or district are determined independently at the discretion of local authorities, so these requirements must be clarified at the location of your enterprise. Procedure for obtaining an alcohol licenseApplicants for a license must collect a set of documents approved by local authorities. An approximate list of documents is as follows: Documents such as a certificate of absence of tax debt and permits from sanitary authorities and State Fire Supervision, confirmation of the safety of the premises, which were previously mandatory for obtaining a retail license for alcohol, in this moment no need to provide. Employees of the licensing authority can independently request necessary information. Compliance with all requirements is carried out during an on-site inspection of the premises. However, if possible, it is advisable to have such papers when submitting an application. For example, if the request reveals a debt to the budget, the license is refused, and the paid fee is not returned.
Examination of the provided documents and on-site inspection of the organization is carried out within 30 days from the date of submission of the application. If violations are detected, the review of documents is extended to eliminate shortcomings for a period of no more than 1 month. If deficiencies are not corrected in a timely manner, the enterprise may be denied a license. The licensing authority notifies the organization three days in advance of the refusal or issue of a license.
Timely receipt of a license to sell alcohol allows the enterprise to operate legally, but operating without a license or in violation of its terms entails liability under administrative, criminal and civil law. Obtaining a liquor license for an LLC - required condition, without which the sale of alcohol in Russia, as in many other countries, is impossible. To sell alcoholic goods, permission from the relevant authorities and mandatory payment of state duty are required. The question is how to get a license, where to apply, and what papers are required. Let's consider these points in more detail. General provisionsThere are several types of alcohol licenses, each of which gives the right to carry out certain actions— production of alcohol, its sale, purchase, transportation and delivery. Since the end of March 2017, a law has appeared requiring permission to sell alcohol in public catering establishments. Selling alcoholic beverages without the appropriate license will result in the entrepreneur receiving a fine. Thus, legal entities will have to pay an amount from 200 to 300 thousand rubles. In this case, regulatory authorities have the right to confiscate finished goods, raw materials, equipment used and vehicles. For comparison, individual entrepreneurs will have to pay an amount much lower - 4-5 thousand rubles. As in the case of legal entities, equipment used in the production and circulation of alcohol is confiscated. The most difficult case is when the total damage from the sale of alcohol without permission is more than 1.5 million rubles. In this situation, the violator may be prosecuted under Article 171 of the Criminal Code of the Russian Federation. What are the requirements for an LLC to obtain a permit?According to the laws of the Russian Federation, drinks that contain 0.5 percent or more ethyl alcohol can be classified as alcoholic. If we are talking about the production of beer or beer drinks, there is no need to obtain a production permit. The same applies to products used in the pharmaceutical industry, as well as grape must produced by agricultural producers. Before obtaining a license, it is important to study the requirements for an LLC (specified in Federal Law No. 171):
How much will you have to spend on a license?An equally important issue when obtaining a license is the financial component, because you will have to pay for obtaining a permit to sell alcohol. Here everything depends on the activity, as well as the type of trade that the LLC conducts (wholesale or retail). The cost of the license is specified in the Tax Code of the Russian Federation 333.33. The main prices are given below:
What papers should I collect to obtain a license?When obtaining a license, it is important to study the list of required papers for various types alcohol licenses. The minimum package includes the following documents:
Rosalkogolregulirovanie deals with issues of issuing permits for the sale of alcoholic beverages. After collecting documents, you can transfer them to any government agency that resolves issues of granting such licenses. To clarify the name and address of the institution where you can submit documents, you should contact the local administration (economic department) or call the interregional office for your district. Documents are transferred in one of the following ways: in person, by post or via the Internet. 15 days are given to conduct the examination. If there are no comments from the regulatory authorities, a visit to the applicant directly to the place of future activity is organized. At the same time, the fact of compliance with the stated conditions is verified. Information about departure is transmitted to the applicant no less than 24 hours in advance. After this, an act is drawn up, on the basis of which a decision is made to grant permission to sell alcohol or to refuse to provide such a document. No more than a month is given to make a decision. The exception is cases when document verification requires more time. In such a situation, the verification period may last longer - up to 2 months. How to renew my license?After obtaining permission from the LLC, it is necessary to control an equally important process - the renewal of the license, which must be carried out five years after the paperwork is completed. Taking into account the fact that the state duty is very high, when conducting retail trade it is allowed to obtain a license for a period of only one year, but in this case the renewal will have to be issued annually. Regardless of the validity period of the permit, you must apply for an extension no earlier than three months and no later than a month before its expiration. The renewal process is no different from obtaining a license at the very beginning. The only difference is the package of documents, which will now be smaller. In particular, you will only need an application for license renewal, as well as papers confirming payment for a future period. In addition, the LLC will have to go to the Federal Tax Service, where the company is registered. After this, a request is made for fines, fees and taxes. If the company has a debt to budgetary organizations, you will not be able to renew your license. After checking the papers, an on-site inspection is carried out again, and within a month a decision is made to renew the license. ResultsFinally, it is worth noting that the licensing process may not be successful. In this case, the state does not return the state duty (fortunately, this is a minimum amount). That is why it is important to take a responsible approach to obtaining a permit and submit a complete package of necessary documents. If you have any doubts, you can always use the services of special companies that can help resolve the issue without “surprises.” To obtain a license to produce alcoholic beverages, you must pay a state fee. If for any reason the issuance of the relevant document is refused, the amount of the state fee will not be returned. The article will answer the question of how you can obtain a license. It will also look at what problems the organization may face. In what cases is permission required?Activities related to the production or circulation of ethyl alcohol and alcoholic products are subject to mandatory licensing. This is established in Federal Law No. 171. So, a license for the production of alcoholic beverages gives the right to carry out the following actions:
Why is a license from Rosalkogolregulirovaniye required? This question is answered below. Products subject to licensingIt is important to note that the production of absolutely every type of supplied product, which is listed in Federal Law No. 171, is subject to licensing, namely:
RequirementsAll enterprises are subject to certain requirements as part of obtaining a license. For example, they may affect the amount of authorized capital or organizational equipment. Special attention pay attention to the absence of any debt related to the payment of taxes or fees. Such payment deficiencies should not occur either at the time of obtaining permission or during the production of goods. If there is a tax debt, the license to produce alcoholic beverages may be revoked. Collection of documentsAccording to Federal law No. 171, the following documents are required:
It is worth emphasizing that the licensing authority should not require any other documents. Payment of state dutyA license for the production of alcoholic beverages is issued for a period specified by the organization, but the total duration of this document cannot be more than five years. The state duty is most often five hundred thousand rubles. It is important to emphasize that six million rubles will have to be paid for licensing the production, storage and supply of denatured and ethyl alcohol produced. This amount of state duty is established for obtaining a license for the production, storage and wholesale sale (supply) of any alcoholic goods. Only wine is not included in this list. The state fee for obtaining a license for the retail sale of alcoholic beverages will cost the applicant forty thousand rubles for each year of its validity. The amount of the state fee for re-registration fully corresponds to the amount established for obtaining the corresponding type of document. True, if the license is reissued as a result of the reorganization of the enterprise (as part of a merger), then the state duty will be only two thousand rubles. An important condition Moreover, each organization that takes part in the merger must have a license for the same type of activity at the time of registration of the successor. If an organization changes its name or its location, which is indicated in the permit, then re-issuing the corresponding document will also cost two thousand rubles. It is important to find out in advance how to obtain a license for the production of alcoholic beverages. Accounting for the cost of paying state feesWhen calculating income tax, the amount of state duty is taken into account as part of other expenses, in accordance with Article No. 264 of the Tax Code. Previously, officials required that such expenses be written off over the entire period of the license. According to Article No. 272 of the Tax Code, a uniform write-off of expenses is required, which provides for the receipt of income over a time period of more than one reporting period. This does not imply a phased delivery of goods. Later, officials changed their position and came to the conclusion that all costs for issuing a license for the production of alcoholic beverages should be taken into account at a time. In their opinion, the requirements of Article No. 272 on equal write-off of expenses should be applied only strictly within the framework of civil law agreements. It is obvious that the issuance of licenses is carried out outside the scope of contractual relations. Therefore, you should not write off expenses for obtaining licenses during the entire period of their validity. This approach is confirmed by arbitration practice. However, if we take into account that the amount of state duty for a license to produce alcohol is very significant, it would be better to clarify the accounting procedure by contacting your tax office. In some cases, an organization has the right to demand a refund of state duty. Situations in which this is possible are given in Article No. 333 of the Tax Code. So, if an enterprise paid a fee for a license to produce and distribute alcoholic beverages, and the licensing authority, in turn, refused to provide the required document, then the transferred amount is not refunded. In this case, it can be counted against the amount of the duty that is payable for performing a similar action. In other words, a credit can be made only in relation to the amount of state duty that was paid in an amount exceeding the value established by Chapter No. 25 of the Tax Code. It is important to note that the costs associated with paying the state duty to obtain a license can be taken into account as expenses when calculating income tax. Similar explanations are given by officials. True, they previously proposed writing off such expenses evenly throughout the entire period of validity of the licenses. You should check with the tax office about which specific procedure would be best to use. Who can assist in obtaining a license to produce alcoholic beverages? Help from intermediariesSo, in order to carry out the legal production of alcoholic products on the territory of our country, it is necessary to obtain a special permit, which is issued in accordance with Russian legislation. Obtaining this document is a rather complicated procedure, since administrative regulations impose fairly stringent requirements and conditions for production. A liquor license is quite expensive. This situation applies not only to technological equipment and production premises, as well as finished product warehouses where alcohol is produced. It's about about all the documents that must be correctly completed and submitted for review to the regulatory authorities whose competence includes issuing licenses for the production of alcoholic beverages. It is very difficult to go through all the necessary licensing stages on your own. For this reason, many domestic entrepreneurs are forced to turn to one or another intermediary for help. This is due to the fact that to obtain a license for the production of alcoholic beverages you must have great experience, practical skills and certain connections. Dating with the right people allow you to quickly eliminate any possible mistakes, which can arise from almost any manager of an alcoholic beverage enterprise or warehouse where alcohol-containing goods are stored. Of course, how quickly and, most importantly, how efficiently the process of obtaining a license will proceed, directly depends on the professionalism and level of training of the intermediary. Thus, in such a complex area of activity as the production of alcoholic products, entrepreneurs always have a choice: to figure it out on their own or turn to intermediaries for help. So, how to get a license to produce alcohol? Getting permissionBefore receiving this permission legal entities should clarify for what period it is issued. As noted above, according to general rules, the period of validity of this permit cannot exceed five years. This is what the rules enshrined in the law say. But this validity period applies to those legal entities that are engaged in the production, sale and storage of alcohol and alcoholic products. This refers to activities not only for the needs of the population, but also for industrial organizations. The validity period of the permit, which is issued only for the sale of alcoholic products (without their production), is only two years. Such a license is required by various stores engaged in the sale of relevant products. Thus, any legal entity will be able to obtain a license, the validity of which will be unlimited. Having found out information about the validity period of licenses, one should touch upon the question of whether it can be reduced in cases of detection of any violations on the part of legal entities. This question worries many. We can say with confidence that if the enterprise that has issued the appropriate license is found to have any violations of its activities, the period of validity of the document will not be reduced. In this case, it will simply be cancelled. All information is entered into the register of licenses for the production of alcoholic beverages. Cancellation of a permit may entail a number of negative aspects. First of all, penalties will be imposed on the legal entity, which will amount to decent sums of money. In addition, the organization may be blacklisted for an indefinite period of time, and this will entail a refusal to issue permitting documents. This may not be done forever, but for a significant period of time, which will depend on the situation. Stages of opening a licenseThe types of activities that require a license are listed above. Now let's figure out what needs to be done to open a license. This is done in stages:
Renewal of a license for the production of alcoholic beveragesIn order for this procedure to proceed as quickly as possible, many organizations turn to experienced lawyers, in whose name a notarized power of attorney is issued. Such intermediaries, knowing all the details, quickly draw up the required documents. After all the documentation has been collected, you will need to pay the state fee. Next, a representative from government agency in order to verify the compliance of the submitted documents. If everything is done correctly, the permit will certainly be issued. Now we know how to obtain a license to produce alcoholic beverages. Hurry up to buy! From January 2019, it is planned to increase the state duty for registering a retail alcohol license (the bill is already under consideration in the State Duma). Hurry up to get a license at old prices. We have an affordable price. Retail liquor licenseA retail license for the sale of alcohol is a mandatory permitting document that gives the right to a legal entity to officially engage in the sale of alcoholic products with an ethyl alcohol content of 6% or more. According to clause 5 of Article 16 of 171-FZ, the license is divided into 2 types: retail sale of alcoholic beverages when providing catering services and a license for retail sale of alcohol (for shops). Conducting activities of bottling and selling alcoholic beverages without a license is administratively and criminally punishable. If you want to make a profit and not overpay for fines, then it's time to think about purchasing a license for the retail sale of alcohol. The fine for selling alcohol without a license starts from 300,000 rubles. in legal person or criminal liability for individual- imprisonment for up to 5 years, with confiscation of property.
Features of obtaining a retail alcohol licenseWho should receive? Retail stores, cafes, bars, restaurants, clubs, teahouses, pubs, recreation centers, hotels, snack bars, bistros, etc. Conditions for obtaining a liquor license For the retail sale of alcohol, the licensee must have a premises with an area of at least 50 square meters. m., the amount of authorized capital is from 50,000 rubles. (store) or from 10,000 rub. (cafe/bar/restaurant). The size of the authorized capital for cafes, bars and restaurants depends on the region. Additionally, you must have: a remote alarm, a safe screwed to the floor. State duty and license validity period 65,000 rub. / 1 year License renewal - 65,000 rub. Only stationary objects with a rental period of more than 12 months are allowed for rent. The stationary object must be located away from educational organizations and medical institutions at 50-200 meters (depending on the region). From January 1, 2016, stores are required to confirm in EGAIS (Unified State Automated Information System) Information system) the fact of purchasing alcohol, and from July 1, 2016 - the fact of sale. Without connecting to EGAIS and complying with the requirements, it will not be possible to sell alcohol. We recommend that you apply for 5 years at once, because... you save money on renewal over 14,000 rubles. + it has long been known that sudden amendments may occur in the legislation of the Russian Federation, due to which the cost of the state duty will increase, for example, if in 2014 the state duty was = 40,000 rubles, then since 2015 it has become = 65,000 rubles. The cost of a turnkey retail alcohol licenseThe cost of an alcohol license is formed from the amount of the state duty and payment for services for registration and transmission of documents to the licensing authorities. We consider our work completed only after we receive the completed form of License for the sale of alcoholic beverages, which is sent (or given in our office) to the licensee after completion of all financial obligations of the parties. Who is eligible for a retail liquor license?Attention! Alcohol license is issued only for Entity according to Federal Law 171, i.e. the following can obtain a license:
An individual entrepreneur (IP) cannot engage in this activity, and as a result, they do not have the right to a retail alcohol license. If you are just thinking about registering an LLC or you already have an individual entrepreneur, then when you contact our company for an alcohol license, we will register the company as a gift (and this will save you money - over 10,000 rubles). Also, thanks to our technologies, we will help you calculate profits and draw up a development plan for the year. Key parameters of an alcohol licenseThose. You can take a license for 1 year and then renew it for 4 years, but we recommend applying for 5 years at once, because you save money on renewal over 14,000 rubles. + it has long been known that sudden amendments can occur in the legislation of the Russian Federation, due to which the cost of the state duty will increase, for example, if in 2014 the state duty was = 40,000 rubles, then since 2015 it has become = 65,000. But for each client we are ready to consider individual terms for producing an alcohol license. State duty - 1 year of using a license 65,000 rubles, maximum possible extension, annually up to 5 years. (i.e. 5 years - 352,000 rubles). The process of obtaining a new license is somewhat different from reissuing a document that has expired. Renewing/renewing your license on your own will take you up to six months. With our help, you can renew your license in just 1 month. Which will save your time and money. The size of the authorized capital depends on the place of sale of alcoholic products and is established as follows: 10,000 rubles. - cafe/bar, 50,000 rub. - shop. The license can be issued for an LLC, OJSC or CJSC. Individual entrepreneurs do not have the right to obtain an alcohol license according to federal law Russian Federation. Availability of warehouse, cash register, buyer's corner + technical. Passports for the premises (Remember that very strict and serious requirements are put forward for the premises; this cannot be done without the help of professionals). The license is issued by the Federal Service for Regulation of the Alcohol Market *Depending on the region, Trade - the industrial board, or the Department of Trade, etc. We certify engineering and technological personnel, improve the qualifications of builders in various areas, and promptly train and advise workers. You can get an environmental certificate and a certificate of professional conformity from us. All Required documents To obtain admission, SROs will be prepared quickly and competently. Documents for obtaining an alcohol license in 2018-2019Important! There should be no tax arrears (if at the time of submitting the documents there is a debt of even 20 kopecks, the issuance of the license will be suspended and the license will not be issued). Therefore, if the company has been around for a long time, we recommend that you open a new LLC. The licensing authority conducts documentary and on-site inspections and makes a decision to issue a license or to refuse to issue it within 30 calendar days from the date of receipt of the application and all necessary documents.
The difference between obtaining a retail alcohol license for a store and a cafe
Apply for a retail alcohol license in MoscowTo the company CenterConsult Over 4,500 companies a year from different regions of the Russian Federation apply for licensing of alcohol trade; the popularity of this license is due to the advantages it provides: Opportunity to officially sell alcoholic beverages. Opportunity to double your profits. Possibility to increase the flow of clients by 2.5 times. We issue alcohol licenses for LLCs, OJSCs and CJSCs. If you are just thinking about registering an LLC or you have an individual entrepreneur, then when you contact our company for alcohol license, we will register a company as a gift! License calculator Free preliminary estimate Start calculation |
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