DISCUSSION OF DRAFT LAWS

[Арсен]

Dear colleagues, in 2013, a bill to increase insurance contributions to the FIU came into force. Contributions doubled. I have closed entrepreneurial activity and am thinking about changing the legal form. Have any of you, as entrepreneurs, also had such thoughts? for example: leave as is and go to the patent, or even open a legal entity.

 

[Евгений Владимирович]

I have an idea to go to the Patent, since a legal entity with this type of activity cannot be opened.

 

[Борис Вячеславович]

I talked about this with my partner - a financial auditor. 1. Not suitable for our type of activity. 2. Fixed payments for a patent must also be paid, but in case of taxation of a “simplified tax”, the amount of tax can be reduced by the amount of fixed payments. 3. The patent was introduced in exchange for UTII. 4. A patent from an economic point of view is not beneficial for us. 5. When eliminating IP, it is not possible to engage in NPV.

 

[Андрей Захаров]

I talked about this with my partner - a financial auditor. 1. Not suitable for our type of activity. 2. Fixed payments for a patent must also be paid, but in case of taxation of a “simplified tax”, the amount of tax can be reduced by the amount of fixed payments. 3. The patent was introduced in exchange for UTII. 4. A patent from an economic point of view is not beneficial for us. 5. When eliminating IP, it is not possible to engage in NPV.

I completely agree with Boris Vyacheslavovich. I think I’m not in a hurry to close the IP. At least it seems to me (maybe I'm wrong ...) that they will soon reduce the rate of deductions ... This conclusion is made on the basis that we, for example, in the region, at the level of government bodies are preparing an appeal to Moscow regarding the reduction of these contributions ... If the local authorities (obviously with the approval of the center) are preparing such an appeal, I think there will still be a decrease ... So it’s not Hurry ... (personal opinion, not imposed on anyone) I don’t want to close myself and I will work ...

 

[Агентство Профессионал. Ермакова Наталья]

I completely agree with Boris Vyacheslavovich, the license can only be issued to an individual entrepreneur, but I opened an LLC and, under a joint venture agreement, assign contributions to the FIU to the expenses of the LLC, since I have in the Charter that only an authorized license holder can manage the agency, so that the content of the license (expenses on contributions to the FIU) is a necessary condition for the work of a detective agency.

 

[Детективное агентство Москва.]

I completely agree with Boris Vyacheslavovich, the license can only be issued to an individual entrepreneur, but I opened an LLC and, under a joint venture agreement, assign contributions to the FIU to the expenses of the LLC, since I have in the Charter that only an authorized license holder can manage the agency, so that the content of the license (expenses on contributions to the FIU) is a necessary condition for the work of a detective agency.

Natalya, thanks for the good idea. Something like this was spinning in my head, but I still could not formulate it in any way.

 

[Андрей Захаров]

I completely agree with Boris Vyacheslavovich, the license can only be issued to an individual entrepreneur, but I opened an LLC and, under a joint venture agreement, assign contributions to the FIU to the expenses of the LLC, since I have in the Charter that only an authorized license holder can manage the agency, so that the content of the license (expenses on contributions to the FIU) is a necessary condition for the work of a detective agency.

Something is doubtful all this ... I explain why ... Based on this scheme, the head of the LLC is not just a black hole having a license, but an individual entrepreneur holding a black hole license. The obligation to pay contributions to the PF and MHIF arises from a private detective, as a person who is an individual entrepreneur. Therefore, according to this scheme, the costs of paying contributions to the PF and MHIF of an individual entrepreneur are allocated to the costs of the LLC, which he heads ... However , contributions to the PF and MHIF, in accordance with applicable law, are attributed to the costs of an individual entrepreneur, according to which the amount of contributions made by an individual entrepreneur is to be excluded from the tax base, namely the recalculation of these contributions, which may be charged to expenses LLC, in principle, in my opinion, is not possible ... (Maybe I’m wrong? ... But in my opinion it’s just that) ... In this case, it turns out that the costs of maintaining the IP are directly attributed to the expenses of the LLC, headed by an individual entrepreneur (as indicated in the Charter) ... And this does not comply with the rule of law ... Something like this ...

 

[частный детектив Ессентуки]

The situation with the increase in deductions is really outrageous, as many private entrepreneurs close in our region, and work continues under the so-called "Black Flag", the state creates all conditions for supporting small businesses. In fact, each individual entrepreneur has the right to determine the amount of contributions to the FIU, but the size that is imposed on us, is this a violation of constitutional rights ???