Is the individual entrepreneur a legal entity? Is an individual entrepreneur a legal entity in the Russian Federation?


Conducting business activities by a person who has not passed state registration is prohibited in Russia. But before choosing the organizational and legal form of business, it’s worth figuring out whether an individual entrepreneur is an individual or a legal entity?

What is the difference between individuals and legal entities?

The procedure for registering individuals and legal entities conducting business varies significantly. To understand whether an individual entrepreneur legal entity, we need to understand the definitions given by law.

  • Citizens (individuals) and legal entities acquire and exercise their civil rights of his own will and in his own interest (Article 1 of the Civil Code of the Russian Federation).
  • A citizen has the right to engage in entrepreneurial activity without forming a legal entity from the moment of state registration as individual entrepreneur(Article 23 of the Civil Code of the Russian Federation).
  • When state registration of an individual as an individual entrepreneur ... (Article 22.1 of the law dated 08.08.2001 No. 129-FZ).
  • A legal entity is an organization that has separate property and is responsible for its obligations (Article 48 of the Civil Code of the Russian Federation).

From these provisions it is absolutely clear that the question of whether an individual entrepreneur is a legal entity should not even arise.

An entrepreneur is an individual, and individual- is a citizen or a person who has a certain legal capacity and legal capacity. After this, the individual can independently engage in business and manage the income received from it. Moreover, this business exists as long as the citizen is registered as an entrepreneur. After removing the IP from tax accounting the business entity ceases to exist.

A legal entity or organization does not depend on its founders, the composition of which may completely change. Shares in the authorized capital of a legal entity are sold, inherited, given as a gift or pledge. The organization can be completely bought out as Property Complex, and it will continue to exist without its original creators.

And yet there is a certain confusion in the concepts of an individual and a legal entity. It is caused by Article 23 of the Civil Code, which states that the rules governing the activities of legal entities apply to the entrepreneurial activities of citizens. Thus, although an individual entrepreneur is undoubtedly an individual, the same rules can be applied to him as to commercial legal entities.

Administrative responsibility of an individual entrepreneur

It is especially important to understand whether an individual entrepreneur is a legal entity within the framework of administrative responsibility. Why is this so special?

If you open the Code of Administrative Offenses, you will notice in many articles that fines for organizations are several times higher than for individuals. Let's take for example typical violation– sale of goods or provision of services in cases where this is established by law.

Article 14.5 of the Code of Administrative Offenses of the Russian Federation specifies the following sanctions:

  • for citizens – from 1,500 to 2,000 rubles;
  • for officials - from 3,000 to 4,000 rubles;
  • for legal entities - from 30,000 to 40,000 rubles.

By whom in in this case is an individual entrepreneur - a legal entity or an individual (citizen)? Neither one nor the other, because the status of an individual entrepreneur in administrative legal relations is an official equal in responsibility to the head of the organization.

An indication of this is stated in Article 2.4 of the Code of Administrative Offenses of the Russian Federation. However, a reservation is made here that an entrepreneur is equated to an official, unless otherwise established by the Code. Indeed, there are norms that provide for special responsibility for individual entrepreneurs.

For example, in Article 14.1.2, fines for carrying out business activities in the field of transport without a license are:

  • for citizens and officials - 50,000 rubles;
  • for individual entrepreneurs – 100,000 rubles;
  • for legal entities – 400,000 rubles.

Thus, answering the question whether an individual entrepreneur is a legal entity in administrative legal relations, we can say a firm “no.”

Features of an individual entrepreneur

Not so long ago, the question of whether an individual entrepreneur is a legal entity was of interest not to future businessmen, but to employees. The fact is that individual entrepreneurs received the right to enter into employment contracts and formalize work books only in 2006. Accordingly, employment in organizations gave workers more rights than employment with individual entrepreneurs.

I wonder what Labor Code still contains additional responsibilities employers-legal entities, as more solvent business entities. Thus, Article 178 of the Labor Code of the Russian Federation obliges to pay severance pay employees upon dismissal due to staff reduction only in the organization. It turns out that although an individual entrepreneur basically bears the same responsibilities as a legal entity, there are still some concessions for him.

Entrepreneur in tax legal relations

Tax laws treat individuals and businesses more fairly, treating everyone as taxpayers equally. If we talk about the amount of fines for tax offenses, they are the same for both individual entrepreneurs and organizations.

And yet, there are certain privileges for entrepreneurs here too. In particular, individual entrepreneurs do not keep accounting records, which means they can easily do without an accountant. In addition, there is a special preferential tax regime (PTS), which is available only to individuals. And finally, tax holidays with the opportunity to not pay taxes for two years, only individual entrepreneurs are also provided.

Let's sum it up

  1. Despite the fact that in some situations the law equates the rights and obligations of individual entrepreneurs with commercial organizations, the answer to the question: “Is an individual entrepreneur a legal entity?” – negative.
  2. An individual entrepreneur is an individual who has been registered with the Federal Tax Service and received the right to run his own business.
  3. An individual is an ordinary citizen, therefore his entrepreneurial activity continues until he is removed from tax registration. It is impossible to sell or donate an individual entrepreneur as a legal entity.
  4. In administrative legal relations, when collecting fines, an individual entrepreneur has the status of an official, unless certain articles of the Code of Administrative Offenses of the Russian Federation indicate otherwise. As a rule, fines for individual entrepreneurs are several times less than for legal entities.
  5. As an employer, an individual entrepreneur is not much different from a legal entity, however, organizations have more responsibilities to employees.
  6. The Tax Code practically equalizes taxpayers of legal entities and individuals, however, it must be admitted that organizations fall under tax control more often than entrepreneurs. In addition, when conducting business, individuals use additional tax benefits, which are not available to legal entities.

When starting a business, everyone is faced with the question: what organizational and legal form of business to choose. The main options relate to the choice between an individual entrepreneur and a legal entity (most often an LLC).

Let's consider the pros and cons of doing business as an individual entrepreneur (IP) and in the form of a legal entity.

Advantages of operating as an individual entrepreneur:

  1. Individual entrepreneurs in comparison with legal entities bear lower tax burden and this factor is often decisive when choosing a form of business registration in favor of an individual entrepreneur. Nobody wants to pay more contributions to the state than would be possible with a certain economic approach. More low level taxes allows you to carry out activities more efficiently at the initial stage, in a more early dates reach the break-even point and recoup the project.
  2. A simpler and less expensive procedure for registering an individual entrepreneur. Already at the stage of paying the state duty, the difference is 3,200 rubles, not to mention other features. In particular, for an individual entrepreneur it is not necessary to pay for the authorized capital (for an LLC, the minimum is 10,000 rubles), since the individual entrepreneur does not form it. To register a legal entity, a more significant package of documents is submitted, for the preparation of which it is difficult to do without a lawyer (it is necessary to draw up charter YUL, founder's decision etc.), and this is another costly item. To register a legal entity, it is necessary to have a legal address, namely to rent an office or other non-residential premises. And for an individual entrepreneur, his legal entity. the address will be the place of his registration.
  3. Legal entities are required to keep accounting and tax records in full, but individual entrepreneurs are not. Individual entrepreneurs do not submit financial statements (balance sheet, profit and loss statement, etc.), they only fill out the Individual Entrepreneur’s Income and Expense Book and submit declarations/calculations for the relevant taxes/contributions.
  4. Individual entrepreneurs create much more in their work process less documentation, including local acts that are mandatory for legal entities.
  5. The level of responsibility of an individual entrepreneur is lower than that of a legal entity. A number of administrative sanctions for individual entrepreneurs are set at a lower level than for legal entities

Disadvantages of doing business as an individual entrepreneur:

  1. According to their obligations, individual entrepreneurs are liable with all their property, and for legal entities the scope of liability is limited by the amount authorized capital.
  2. It is believed that the activities of an individual entrepreneur, not a legal entity less prestigious. Citizens are more willing to work for a company than for an individual entrepreneur. Legal entities have a more serious approach to registration, maintenance and storage of labor files. Problems with the appointment of a director. For a legal entity, the powers of the director are specified in the charter, but for an individual entrepreneur the very wording director of an individual entrepreneur is incorrect.
  3. Opportunity difficulties in contacting counterparties. The form of doing business in the form of a legal entity inspires more confidence among business partners than an individual entrepreneur.
  4. IP cannot be reorganized into a legal entity
  5. The individual entrepreneur does not have a corporate name like a legal entity.
  6. IP cannot open branches and representative offices

The legal status of an individual entrepreneur raises many questions. First of all, it is not clear to many that an individual or legal entity from the point of view of legislation is an individual entrepreneur.
We will tell you in the article what the tax office thinks about this and how individual entrepreneurship is characterized by law.

○ The concept of an individual entrepreneur.

From the point of view of legislation, an individual entrepreneur is not a legal entity. This follows from the definition.

Art. 11 Tax Code of the Russian Federation:
Individual entrepreneurs are individuals registered in the prescribed manner and carrying out entrepreneurial activities without forming a legal entity, heads of peasant (farm) households. Individuals carrying out entrepreneurial activities without forming a legal entity, but who have not registered as individual entrepreneurs in violation of civil law requirements
legislation Russian Federation, when performing the duties assigned to them by this Code, do not have the right to refer to the fact that they are not individual entrepreneurs.

In accordance with this text of legislation, an individual entrepreneur is an individual who conducts commercial activities. This is quite clear. However, the legal status of an individual entrepreneur implies some similarity with the status of a legal entity. Let us further understand the similarities and differences between these concepts.

○ Signs of individuals and legal entities.

An individual is a person who has rights and obligations within the framework of legal regulation states. An individual has certain characteristics:

  • Identification is carried out by full name.
  • There is no need to undergo additional registration, except for obtaining a birth certificate and a general passport.
  • Availability of the right to carry out economic transactions with other persons and organizations.

A legal entity is an organization registered in the register and having separate property to which it is liable for its obligations.

Art. 48 Civil Code of the Russian Federation:

  1. A legal entity is an organization that has separate property and is responsible for its obligations, can, in its own name, acquire and exercise civil rights and bear civil obligations, and be a plaintiff and defendant in court.
  2. A legal entity must be registered in a single state register legal entities in one of the organizational and legal forms.
  3. Legal entities in whose property their founders have real rights include state and municipal unitary enterprises, as well as institutions.

Legal entities have the following characteristics:

  • Availability of registration in a unified register.
  • Certain property owned.
  • Separate name and registered address.
  • The presence of a structured team with managers and subordinates.
  • The right to obtain licenses for certain types of activities that are not available to other forms.
  • Mandatory presence of a stamp and a bank account.

A legal entity is responsible for conducting activities with the property belonging to it. This feature is identical to the responsibility of an individual and an individual entrepreneur.

○ Comparison of individual entrepreneurs and ordinary individuals.

In fact, an individual and an individual entrepreneur have many common characteristics. However, conducting certain types of business activities without registration is not allowed. Let us tell you what the similarities and differences are between an individual entrepreneur and an individual.

General signs.

Common features include the following facts:

  1. Legally, an individual entrepreneur and an individual are equal.
  2. This special person with full name and identification number.
  3. The place of permanent registration is the same.
  4. An individual entrepreneur can act as a citizen when concluding transactions.
  5. Individuals and individual entrepreneurs have the right to conduct business transactions, enter into transactions, formalize Required documents and perform legally significant actions.
  6. In case of debt formation, individuals and individual entrepreneurs are liable with property in their ownership.

From the point of view of legislation, an individual entrepreneur is the status of an individual. However, there is still a difference between these concepts.

Features.

The difference between an individual entrepreneur and an individual lies in the income taxation system and the permissible scope of activity. For example, an individual who has the status of an individual entrepreneur cannot be an employee and at the same time conduct business activities. A person, being an individual entrepreneur, can be an employee, but as an individual.

Many types of commercial activities are not available to an individual who does not have individual entrepreneur status. So, for example, he cannot open a pavilion and sell any goods there or provide services household services to the population.

○ Comparison of individual entrepreneurs and legal entities.

Quite often you can find identification of the statuses of individual entrepreneurs and legal entities. This is not entirely correct from the point of view of legislation, but nevertheless there are certainly similarities between these statuses. Let's look at the similarities and differences.

Community in activity.

The commonality of activities lies in the following factors:

  • The purpose of creation is to conduct business and make a profit.
  • The need to go through the state registration procedure.
  • Availability of taxation systems - simplified tax system, UTII, etc.
  • Possibility of employment of employees in accordance with the Labor Code of the Russian Federation.
  • They may have a bank account (not required for individual entrepreneurs).
  • In court there can be a plaintiff and a defendant.

This is where the similarity ends. Let's look at the differences between individual entrepreneurs and legal entities.

Distinctive characteristics.

The main differences are as follows:

  • An individual entrepreneur is a specific person, a legal entity is an organization.
  • Registration of a person as an individual entrepreneur is carried out at the place permanent residence, and a legal entity is registered at a legal address.
  • An individual entrepreneur operates independently, a legal entity is a group of people (however, both of them can be employers).
  • The property of the organization and its founders is separate from each other, the individual entrepreneur, in turn, is liable with all his property, as an individual.
  • Individual entrepreneur does not have its own name.
  • A legal entity is required to have a seal and a bank account; for individual entrepreneurs, both are advisory in nature.
  • The activities of a legal entity are impossible without the presence of statutory documents.

Organizations have the right to conduct commercial activities in any area that does not contradict the law. There are certain restrictions for entrepreneurs.

Many documents indicate the type of person - natural or legal. At the same time, information about individual entrepreneurs is not separately mentioned.

Is an individual entrepreneur a legal entity or not? The answer to this question is contained in the characteristics that determine the category of persons.

Signs of a legal entity

First of all, the Civil Code has the concept of a legal entity, which is briefly stated in Article 48. It follows from the provision that a legal entity is, first of all, an organization that has separate property. What does it mean? This indication should be understood as the presence of such fixed assets with which the enterprise is liable for its obligations. In this case, the property of the founders as individuals is in no way affected.

Signs of IP

With regard to individuals who are engaged in any type of business, it is worth saying that their registration as an entrepreneur is mandatory. At the same time, the Civil Code answers the question of whether an individual entrepreneur is a legal entity quite definitely in Article 23.

We can say that an individual entrepreneur is a citizen who receives systematic profit from any activity and has been registered with the tax office. In this case, all the rules that apply to legal entities are applicable to such a person.

With regard to the property of an individual entrepreneur, it is noted that the businessman is liable for obligations with all property, including personal property. Therefore, we can say that the status of an individual entrepreneur is a transitional concept between a hired worker and an organization. This person is considered only as an individual who, with the help of his own labor, receives a constant income subject to taxes.

Registration differences

For legal entities and individual entrepreneurs in the tax department, registration procedures have significant differences, as well as the implementation of activities. But even based on this stage, you can understand whether the individual entrepreneur is a legal entity. The law provides the following:

1. To register an individual entrepreneur, the required package of documents includes: a copy of the passport, an application for registration and doing business according to the “simplified” system, a receipt for payment of the duty. For legal entities, documents are collected in a larger volume, including a copy of the charter and the decision of the meeting of founders, authorized capital and other documents that are not required for individual entrepreneurs are required.

2. The state fee for registering citizens as entrepreneurs is only 800 rubles, while the same procedure for an LLC is 4000 rubles according to Article 333.33 of the Tax Code of Russia.

3. Registration deadlines for individuals are the same. That is, both individual entrepreneurs and legal entities can pick up documents after 5 working days from the tax service.

Tax

Individual entrepreneurs have a lower tax rate and have the opportunity to take advantage of a simplified system for paying money to the country. Legal entities cannot count on such privileges; they pay income, property and value added taxes (VAT) and others to the state treasury. Based on these differences, you can also understand whether an individual entrepreneur is a legal entity.

Thus, an individual entrepreneur has the opportunity to first initial stage start your own business without the special costs of paying taxes. At the same time, no one prohibits a citizen from re-registering his company as a legal entity. Only here you will need to close the individual entrepreneur and go through the procedure as an LLC (PJSC, OJSC and other forms).

Reporting

In the course of any businessman’s activities, the need arises to draw up documents. This is necessary not only for all kinds of checks, but also for internal use, so as not to miss anything. From here it is clear whether the individual entrepreneur is a legal entity or not. The difference is clearly visible, including in the reporting documents.

When an enterprise makes calculations and other financial transactions that must be recorded in documents. In its activities, the individual entrepreneur makes a total of less paperwork than LLC. For example, individual entrepreneurs are required to fill out only a tax return and keep a ledger of income and expenses. Legal entities submit full financial statements, which include many documents.

Criminal and administrative liability

In order to definitively answer the question of whether an individual entrepreneur is a legal entity, we can consider Russian laws. With regard to violations committed by an organization, the sanctions are stricter than for the same illegal acts committed by an individual entrepreneur. For example, in paragraph 3 of Article 6.25 of the Administrative Code on failure to fulfill control obligations in relation to the smoking law, a legal entity pays a fine of 60 to 90 thousand rubles, and an individual entrepreneur - from 30 to 40 thousand.

Thus, without revealing the actual question of whether an individual entrepreneur is a legal entity of the Russian Federation, the law still separates these concepts from each other through differences in penalties.

Disadvantages of IP

While revealing the advantages of doing business when registering an individual as an individual entrepreneur, we must not forget about the disadvantages of such activities. Among these, we can highlight more signs of a stereotypical direction:

  • few people know whether an individual entrepreneur is a legal entity in the Russian Federation, and therefore they are more willing to work, just in case, in an organization that provides a full social package;
  • future partners have more confidence in the enterprise than in an individual entrepreneur, and therefore it is easier for an organization to enter into agreements with counterparties than for an individual entrepreneur;
  • since the question of whether an individual entrepreneur is a legal entity in our country was previously answered, we can say that one of the disadvantages is the lack of a company name and the impossibility of forming branches;
  • For any obligations, the entrepreneur is liable with all his property, in contrast to a legal entity, which is liable only with the authorized capital and property of the enterprise.

The listed disadvantages are actually not so significant that it is possible to immediately, at the initial stage, open an LLC. However, if funds and a “far-reaching” business plan allow, then it is most convenient to gain a thorough foothold in the Russian market as a legal entity.

Abroad

Unlike Russian system entrepreneurship, in some countries there is no mandatory registration, for example, in the USA. If a Russian individual carries out an activity, he must be registered in Unified register, otherwise, Article 171 of the Criminal Code of the Russian Federation - “Illegal entrepreneurship” - applies. Even if a citizen does not hire workers and works alone, registration is required.

In the States, an entrepreneur without employees has the right to carry out activities without state registration, and individual entrepreneurs have the right to enter into transactions with Russian businessmen. At the same time, it does not matter whether the individual entrepreneur is a legal entity in Russia or not, everything will be legal for American citizens.

In Germany, the process of starting a business is quite complicated, but despite this, small businesses are developing there. In order to become an individual entrepreneur, in this country you need to prove that your plans are only an occupation certain activities. It is more difficult to persuade German officials to issue permission for free professional employment. Registration takes 6-8 weeks, and you still need to obtain various documents and register your name. Unlike Russia, in Germany you can fill out everything and send it over the Internet.

As for Russian entrepreneurs who decide to register an organization in another country, not necessarily in the ones listed above, they need to obtain a certain status to begin this difficult procedure. By the way, registering a branch or representative office of an existing company is much easier than registering, for example, a new enterprise with the financial department.

Thus, we found out that an individual entrepreneur in the Russian Federation is still not a legal entity, but an individual.

The legal nature of an individual entrepreneur (IP) is dual. An individual entrepreneur can be regarded as an individual, although at the same time it has many qualities of a legal entity (LE).

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This means that a citizen who has received the status of an individual entrepreneur enjoys the rights that are enshrined in laws for individuals and norms that reflect the essence of legal entities.

Many people tend to characterize an individual entrepreneur as an individual because when they mention it, they don’t hear a name, like, for example, a legal entity (LLC “Bereg”), but the last name of the entrepreneur. Of course, this characteristic is typical of ordinary people who do not understand the legal framework. For those who come into contact with an entrepreneur due to their work, they can confidently judge that the individual entrepreneur is endowed with big amount rights and obligations of a legal entity.

For example, if a dispute arises between a legal entity and an individual. To resolve the issue, the parties must apply to the Arbitration Court. This circumstance indicates that the entrepreneur’s relations with other participants economic activity, are based on the rules of law relating to legal entities.

For example, duality can also be attributed when an entrepreneur makes a purchase in a store. How to understand that he is making a purchase as a legal entity or as an individual? In fact, no way. Since the purchased product can be used for both personal and business purposes.

The main thing is that the entrepreneur himself has no doubts about duality. Even at the stage of deciding to register an individual entrepreneur, it is necessary to distinguish between the status of individual entrepreneurs and legal entities, which will allow creating correct work and discard the question of the duality of concepts.

Pros and cons of IP

The advantages of an individual entrepreneur include:

  • simplified cash transactions;
  • a simple registration procedure that does not require large expenses;
  • no complex accounting required, no need to prepare reports;
  • income received in the course of business activities can be used at its own discretion and for any purpose;
  • no current account required;
  • use of the simplified taxation system (STS);
  • reduced tax rates.

The disadvantages of an individual entrepreneur include:

  • sole responsibility;
  • the scope of activity has been narrowed;
  • not all large companies are ready to cooperate with individual entrepreneurs;
  • it is impossible to sell the business;
  • with a zero balance and losses, you are required to make a contribution to the pension fund.

Pros and cons of LLC

LLC advantages:

  1. Its founders are not responsible for the obligations of the LLC, bearing the risk of losses only within the limits of their contribution to the authorized capital.
  2. It is possible to do business together.
  3. The right to leave the LLC at any time and receive the value of your share.
  4. Sale of business.
  5. Obtaining a license for certain types of activities that an individual entrepreneur cannot carry out.
  6. If we compare individual entrepreneurs and LLCs in terms of licensed types of activities, then the LLC has the opportunity to obtain some licenses that are not available to individual entrepreneurs.
  7. You can hire a director who will act without a power of attorney.
  8. Possibility to choose a name for your business.

Disadvantages of LLC:

  1. Complicated registration and liquidation process.
  2. Obligation to contribute the minimum authorized capital (10,000 rubles).
  3. Availability of creating a seal and opening a current account.
  4. Compilation financial statements, accounting.
  5. The amount of fines has been increased.
  6. The need to include equipment used for work in the Criminal Code and tax must be paid for it.

Rights of a legal entity

A legal entity, like any citizen, has its own certain rights. Of course, they will differ in many ways, but the very fact that a person has rights as a legal entity indicates that he is a full participant in civil relations.

Rights are necessary for a legal entity to properly organize work, participate in business relations, and, of course, to realize your interests.

First of all, having rights is necessary to assert your rights in court. It is no secret that in the work of a legal entity there are often conflict situations, demanding the protection of their rights and the fulfillment of their obligations.
The rights vested in a legal entity may be specified in the constituent documents.

The emergence of rights corresponds to the moment of registration of a legal entity, and ends from the moment of its liquidation. Not all rights can be freely exercised. Depending on the type of activity, a legal entity is required to obtain a license. Rights can be limited only in cases expressly specified in the law. If such a restriction arises, a legal entity may appeal it in court.

Status of an individual

An individual becomes the owner of his rights from the moment of birth and uses them throughout his life. A citizen can exercise his rights under his own name and surname. Among the fundamental rights enshrined in the law is the right to open an individual entrepreneur.

Thus, the citizen acquires the status of an entrepreneur. If the status as an individual arises from the moment of birth, as mentioned above, then the status as an entrepreneur arises only after its registration. Having passed it, an individual assumes dual rights and responsibilities, i.e. not only a citizen, but also a person who opened an individual entrepreneur.

In order for a citizen to be able to open an individual entrepreneur, he must reach full legal capacity.
The norms of civil legislation apply to the activities of an individual entrepreneur. While other laws may apply to a citizen - an individual, for example, on the protection of consumer rights.

Accordingly, an individual acquires equal rights and equal obligations, along with other business entities, and the laws to which individuals fall are applied to him.

The law may limit a citizen-entrepreneur in the choice of activity or oblige him to obtain a license to carry out activities.

If, during the activities of an individual as an individual entrepreneur, disputes arise with other participants in economic activities, he cannot refer to the fact that at the time of the violation he acted as an individual. This rule of law is aimed at protecting counterparties and encouraging citizens to comply with established rules.

Activity as an individual entrepreneur ends upon the occurrence of the following circumstances:

  • the fact of death of an individual;
  • by personal decision;
  • passing a sentence against an individual;
  • making decisions regarding individual entrepreneurs.

The right to carry out entrepreneurial activities is not subject to inheritance, and it is also impossible to donate an existing individual entrepreneur.

The difference between an individual entrepreneur and a legal entity

Differences:

  1. Registration: Individual Entrepreneur – one person, Legal Entity – 2 or more participants.
  2. Responsibility: individual entrepreneur - sole, with all his property, legal entity - limited to the size of the participant’s contribution.
  3. Registration: individual entrepreneur – simplified, minimum term and a package of documents, legal entity - creation of a large package of documents (Articles of Association, decision, etc.), availability of a seal and a bank account.
  4. State duty: individual entrepreneur – 800 rubles, legal entity – 4,000 rubles.
  5. Taxes: individual entrepreneur – simplified taxation system, contributions to the Pension Fund are fixed, regardless of whether there is activity or not, legal entity – in the absence of activity, contributions to the Pension Fund are not made.
  6. Types of activities: individual entrepreneurs - limited by law, legal entities - the scope of activity is unlimited.
  7. Accounting: individual entrepreneur – optional, legal entity – mandatory, filing of financial statements is required.
  8. Profit: individual entrepreneur - can be used for personal purposes at any time, legal entity - distributed no more than once a quarter.
  9. Authorized capital: individual entrepreneur – not required, legal entity – minimum 10,000 rubles.
  10. Selling a business: individual entrepreneur – impossible, legal entity – has no restrictions.
  11. Power of attorney: individual entrepreneur - valid when certified by a notary, legal entity - certified by the seal and signature of the director.

Having identified all the main aspects of the work of a legal entity and an individual entrepreneur, drawing a parallel between them, we can come to the conclusion that both entities are full participants in economic activity, with equal rights and responsibilities.

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