Delivery of 3 personal income tax by an individual. When is the best time to file an income tax return on the purchase of an apartment
Information on individual entrepreneurs and legal entities. from Kontur
Only here you can find detailed data on the IP!
The most convenient search. It is enough to enter any number, surname, title. Only here you can find out OKPO and even accounting information. Is free.
What data you need to enter (you can choose any of the parameters):
- Name of company
- Code (INN, OGRN)
- Legal address
What data can be obtained:
- Full brand name
- Abbreviated corporate name
- Legal address (according to the Unified State Register of Legal Entities)
- Main industry (OKVED)
- Region
- Telephone
- Name of the legal form
- Authorized capital (according to the Unified State Register of Legal Entities)
- Price net assets
- Other messages and documents
Inclusion of information in the Unified federal register information about the facts of the activities of legal entities is carried out on the basis of Article 7.1 Federal law dated August 8, 2001 No. 129-FZ "O state registration legal entities and individual entrepreneurs"(as amended by Federal Law No. 228-FZ dated July 18, 2011" On Amendments to Certain legislative acts Russian Federation in terms of revising the methods of protecting the rights of creditors when reducing authorized capital, changes in requirements for business entities in case of inconsistency of the authorized capital with the value of net assets ") from January 1, 2013 (paragraph 2 of Article 6 of the Federal Law of July 18, 2011 No. 228-FZ).
Rosstat website
You can also use the Rosstat website (you need to click "get data on codes" at the top) (For Moscow, but there may be other regions). Find out by the TIN number of the IP or Organization your statistics codes (OKPO, OKATO, OKTMO, OKOGU, OKFS, OKOPF)
FTS website
Unified State Register of Legal Entities
What do you need to enter? It is enough to enter ONE of the fields: Name (just Yandex, Gazprom, etc.) and / or OGRN / GRN / TIN and / or Address and / or Region and / or Date of registration.
What information will I receive?
- Name of the legal entity;
- Address (location) of a legal entity;
- OGRN;
- Information about the state registration of the organization;
- Date of making an entry in the USRUP (registration of a legal entity);
- The name of the registering authority that made the entry (Tax);
- Registration authority address;
- Information on amendments to the Unified State Register of Legal Entities;
- Information on the state registration of changes made to the constituent documents of legal entities;
- Information about licenses, about registration as policyholders in funds, information about registration.
Why do we need information about state registration of legal entities? Registration information indicates that the created commercial organization has the right to legally conduct its business. By Russian legislation the company from this moment acquires the status of a legal entity. State registration makes it possible to control economic activity and exclude illegal business.
The organization is subject to taxes, the funds from which go to the country's budget. Company data are subject to statistical reporting. Information about the subjects entrepreneurial activity available to regulatory authorities and everyone who participates in economic turnover... Each enterprise has its own characteristics. The differences concern many nuances, including taxation. If a person wants to become an entrepreneur, then he should find out in advance how this can be done. Information on state registration of legal entities is public. And access to them is limited only in accordance with Article 6 of the Federal Law.
Legal entities and individual entrepreneurs
Individuals are citizens with legal capacity and capacity. This means that a person has the right to property, to engage in entrepreneurial activity. He also has responsibilities. Legal capacity means the ability of citizens to acquire rights and legal obligations when performing actions. In Russia, a citizen who has reached the age of 18 has legal capacity.
A simplified form of entrepreneurial activity is the creation of a small business natural person... There are a number of downsides to doing business this way. For individual entrepreneurs the best way to avoid many disadvantages is the creation of an enterprise in the form of a legal entity.
If an enterprise is a legal entity, this means that it owns the property for which it is responsible. When registering an organization, the founders make contributions to its property. After that, the property of the legal entity is considered separately from the property of the founders. If the organization has debts, it pays them out of its property. The founder is not threatened with confiscation of personal property, so he sleeps peacefully at night.
As for individual entrepreneurs, the situation here is quite serious. Losses and inability to pay creditors lead to the fact that the individual entrepreneur is declared bankrupt and closed by a court decision. In this situation, the citizen will have to pay the debts himself. All his property can be seized and sold for debts. The entrepreneur is obliged to pay off the employees.
Legal entities have independent balance(estimate) and in mandatory keep accounting records. It is enough for individual entrepreneurs to keep records of income and expenses in order to correctly calculate the amount of tax. Often a citizen who wants to have his own business starts doing business as an individual. After 1 or 2 years, he will accumulate capital and gain experience. After that, he boldly registers a small business and starts working as a legal entity.
If disputes arise between individual entrepreneurs and organizations, they are considered in an arbitration court. To register an organization, certain cash, however, in the future, you will not need to worry about your personal property, regardless of whether your business goes up the hill or not. Individual entrepreneurs have great risks of going bankrupt, so before registering, you need to think about your decision. An individual entrepreneur does not have a separate property of the organization, from which debts can be paid. He has to rely on his own strength. Be aware of the potential risks and think carefully about your business plan.
Legal entity registration methods
If we consider how legal entities are formed, then the following methods of registration are distinguished: notification, registration, indicative, normative, statutory.
In the first method, the constituent documents are submitted to a state or municipal authority. Documentation can be sent by mail. An alternative way is to apply by phone.
The registration method involves the passage of a citizen of the registration procedure with the appropriate authority. At the same time, it is checked how the submitted documents comply with the norms of law.
The permissive procedure involves the consideration of the question of whether the creation of a legal entity is really useful and expedient.
Feature and normative orders are optimal when it is planned to form an organization from economic category: business entity, manufacturer of goods.
The statutory procedure is similar to the notification procedure. However, there is no need to notify state bodies or local governments about the creation of a legal entity.
The registration procedure assumes that all founders have come to a common decision on what the new organization will be like in the future. The data is transferred to the Unified State Register of Legal Entities. If you need to make changes, you must pay a state fee. Its size is 4000 r. The registration procedure is carried out within 3 working days. The countdown should be conducted from the moment when the package of documents was submitted to the registering authority for consideration. Registration is carried out at the place of residence of the citizen.
The documentation includes an application, a check confirming the payment of the state duty, a protocol with a decision on the creation of a legal entity, a charter, a lease agreement. Any citizen can familiarize himself with the form required documents... It should be borne in mind that the charter of an organization with one founder is different from the charter of an organization with several founders. You will need to take your passport to the tax office for registration. If all the documents are drawn up correctly, then there will be no refusal, and in a few days you can start work related to entrepreneurial activity.
Taxation of legal entities
When a legal entity is formed, the organization is registered with the Federal Tax Service. The most common tax regime is traditional system taxation. General system relevant for large industries and large enterprises. For businessmen-owners of small or medium-sized businesses, this option is economically unprofitable.
OSNO assumes payment of the following taxes:
- income tax;
- Personal income tax;
- other fees.
OSNO is a taxation system applied to all taxpayers who have not decided to use another system. This is the so-called "default" option. Be careful when filling out registration documents.
If a company applies OSNO, it is obliged to pay value added tax.
Its size is determined by the type of entrepreneurial activity. If the organization is engaged in export, then the tax is 0%. When a company produces food products, books, baby clothes and medical products, the VAT rises to 10%. The rest of the cases involve the payment of tax at the rate of 18%.
Despite the fact that individuals must pay personal income tax, organizations are also required to transfer this tax. His interest rate varies from 9 to 35%.
Income tax must be calculated in accordance with the requirements of Chapter 25 of the Tax Code of the Russian Federation. Given the specifics of the organization, it can be complex. It is charged depending on the type of activity. If the organization works in the field of education or medicine, then this tax on dividends will be 0%. In addition, the legal entity pays tax on the property of the organization. LLCs must report income taxes on a monthly or quarterly basis.
Who can choose the simplified tax system
The simplified taxation system (STS) can be chosen by businessmen, when for 9 months of work after registration, the income of the organization amounted to no more than 45 million rubles. Not all companies have the option to choose "simplified". So, banks, notaries or pawnshops cannot use this taxation system.
The indisputable advantages of the "simplified system" include the ability not to pay taxes on profits, property of the organization and VAT. This system involves the annual submission of the declaration. LLC on a mandatory basis every quarter submits calculations related to the payment of insurance premiums.
For individual entrepreneurs who have been registered as individuals, the patent taxation system is available. In particular, individual entrepreneurs do not pay VAT, tax on income and property of individuals, they have the right not to use cash register equipment and not to do tax reporting... However, working under a patent, you cannot receive more than 60 million rubles. in year.
Organizations engaged in certain types of activities have the right to choose the UNDV, or single tax on imputed income. In this case, the tax is not levied on the income actually received, but on the one that is supposed to be received. Please be aware that you cannot select UNDV if this system is not up-to-date in your area.
Businessmen should be aware that not all types of taxes are listed here. Once they start their work, businessmen may be required to pay local tax or transport tax. Those who work in the countryside should be aware of the uniform agricultural tax.
Information on registration of legal entities
Often, citizens make purchases, and then the products break down long before the end of the declared warranty period. What if the company phone doesn't answer? You can find the manufacturer if you get information about its registration.
An extract from the Unified State Register of Legal Entities contains the necessary data. This document contains the date of registration, the issuing authority, and the passport. However, such information may be provided government bodies... As for the copy of the constituent document, access to it is unlimited.
The state registers contain information about each legal entity or individual entrepreneur. They are provided in the form of an extract or a copy of a document that is contained in the register. When the requested information is not available, then the corresponding help will be issued. It is easy to find an unscrupulous manufacturer if you contact the tax department.
If the rights of consumers are violated, they are able to hold the offender to account in judicial procedure... After receiving the contact information, the citizen can draw up a written claim and submit it to the seller company. When it is not possible to resolve the conflict out of court, then an independent examination is carried out. The buyer draws up and submits statement of claim to court. At the same time, he has every chance of winning the business he has begun.
Here you can search and get information about legal entities (IE, LLC, JSC), for which an entry has been made in the Unified State Register of Legal Entities and Individual Entrepreneurs.
To check a counterparty, search for a legal entity or an individual, specify the details you know in the search form. This can be the name of the organization, OGRN, TIN, or the address of the company.
The application allows you to track information about an organization among registries such as enforcement proceedings, participation of legal entities persons in arbitration disputes, the presence or absence of debts to the budget, financial statements, information about the head and founders of the organization, information about the auctions in which the organization participated, etc.
O service
Mobile Android, iOS (iPhone, iPad), Windows application "Information from the Unified State Register of Legal Entities / EGRIP":
The application displays the most complete information about the organization - participation of legal entities. persons in arbitration disputes, the presence or absence of debts to the budget, financial statements, information about the head and founders of the organization, information about the auctions in which the organization participated, enforcement proceedings, etc.
As part of the service, a convenient search for a company is implemented by several parameters: search by OGRN, TIN, by the address of the company, by the name of the head, by the name of the company.
Information about legal entities available on "7Docs" includes the scope of the company, company details (OGRN, TIN, KPP, OKPO and others) and other useful statistical information.
If our service did not give YOU the necessary information on a particular organization, then you can order an extract from the Unified State Register of Legal Entities (with more detailed information about the organization) by sending a request.
7docs belongs to the BI EXCLUSIVE consulting group, which was established in 2011 and provides a wide range of legal services... Our advantage is - a deep approach to the essence of your questions. Timely and professional assistance of specialists of the BI EXCLUSIVE Consulting Group helps to eliminate the difficulties that have arisen and prevent them in the future.
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Information on state registration of legal entities - this is information about organizations that is entered in a specialized register. The composition of such information, methods of obtaining it, and other important points are described in this article.
Composition of information on state registration
The main law, which is devoted to the composition of the information contained in the Unified State Register of Legal Entities, is the Federal Law of 08.08.2001 No. 129-FZ "On state registration of legal entities ..." (hereinafter - the Law on State Registration).
According to this law, the Unified State Register of Legal Entities contains the following information about legal entities:
- Name;
- date of creation;
- location;
- information about the founders;
- organizational and legal form;
- way of education;
- information about legal succession;
- liquidation information;
- method of termination of activity;
- information about the sole authority;
- information about issued licenses;
- activity codes;
- information about branches and representative offices.
This information is publicly available and is subject to release at the request of any interested person. The only condition for receiving it is the payment for the provision of public services. If the information is provided in the form of an electronic document, then no payment is required.
However, the Unified State Register of Legal Entities also contains information that has limited access. These include information on identity documents of an individual (Article 6 of the Law on State Registration).
IMPORTANT: the documents of the legal entity submitted during state registration are part of the Unified State Register of Legal Entities and are contained in the registration file (order of the Ministry of Taxes and Levies of Russia dated 08.06.2004 No. SAE-3-09 / 357). Copies of these documents are also issued at the request of any interested person.
Obtaining copies of documents is necessary to assess the conscientiousness of the counterparty chosen for cooperation. It is their presence that will help avoid tax liability in the event of a tax dispute, since the presence of these documents will be regarded by the court as a manifestation of due diligence (resolution of the Federal Antimonopoly Service of the Moscow District dated 06.02.2014 No. F05-18109 / 2013).
Methods for obtaining information about state registration
Information on registration of legal entities(extract from the Unified State Register of Legal Entities) can be obtained in one of the following ways:
- personally, through the district INFTS;
- through an intermediary;
- v in electronic format, through the website nalog.ru;
- through the state service of the Federal Tax Service for the provision of information and documents contained in the Unified State Register of Legal Entities, by providing unlimited or one-time access to the full database of the Unified State Register of Legal Entities;
- through the modernized version of the service "Obtaining an extract from the Unified State Register of Legal Entities / USRIP via the Internet" (https://service.nalog.ru/vyp/).
INTERESTING: most often an extract from the Unified State Register of Legal Entities is received at actor, but the question arises: is it possible to get an extract for an already liquidated organization? There is no definite answer, although the Supreme Court of the Russian Federation mentioned its position in one of the judicial acts. The court indicated that the Law on State Registration does not contain an indication that extracts from the Unified State Register of Legal Entities for invalid legal entities should not be issued (decision The Supreme Court RF dated 06.11.2009 No. GKPI09-1373). There is no such prohibition in other legal acts... Moreover, the receipt of an extract for a liquidated person is not among the grounds for refusing to issue an extract.
The specificity of some methods
Each of these options has certain pros and cons.
So, if you receive an extract in person at the Federal Tax Service Inspectorate, then in addition to paying the state duty, you will also have to spend your own time - both on filing an application and on receiving a ready-made extract.
When receiving information from the site nalog.ru, it should be remembered that the database is not updated every day, so the information will not be complete, but completely free and will be suitable for confirming the location of the counterparty (clause 3 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of 17.02.2011 No. 12).
The state service for the provision of information contained in the Unified State Register of Legal Entities in electronic form is very convenient, informative and complete, but it will cost 50,000 rubles for one-time provision of register information in full for one day, with subscription services for a year of 150,000 rubles. For a one-time provision of updated registry information, you will need to pay 5,000 rubles (order of the Ministry of Finance of Russia dated January 15, 2015 No. 5n).
The upgraded version of the service "Obtaining an extract from the Unified State Register of Legal Entities / USRIE via the Internet" on the FTS website has been in effect since the second half of 2015. This service allows you to receive a statement only in relation to the person who applied for it. When using this method, you will need to have an electronic signature key certificate (clauses 27, 104 of the order of the Ministry of Finance of Russia dated January 15, 2015 No. 5n). The statement will be provided in electronic form only. This service does not allow checking the counterparty.
IMPORTANT: an extract from the Unified State Register of Legal Entities, received in electronic form and signed by an enhanced electronic signature, has the force equivalent to a paper document signed by a handwritten signature and certified by the seal (clauses 1, 3, article 6 of the law "On electronic signature" dated 06.04.2011 No. 63-FZ).
New in the legislation on state registration
Earlier, the Law on State Registration said that all the information contained in the Unified State Register of Legal Entities is reliable, which was confirmed by the applicants' signature when submitting documents for registration of a legal entity (Article 5; 12 of the Law on State Registration). The rights to check the information submitted for registration with tax authorities was not, which led to a distortion of the information contained in the Unified State Register of Legal Entities (determination of the Federal Antimonopoly Service of the Central District of February 26, 2013 in case No. A64-4252 / 2012).
Since the end of March 2015, amendments have been made to the Law on State Registration regarding the verification of the accuracy of the information provided during the registration of legal entities. The grounds and procedure for checking the accuracy of the information provided are established by clause 4.2. Art. 9 of the Law on State Registration. Providing inaccurate information entails a refusal in state registration. A validation check can also be carried out in relation to the information already entered into the Unified State Register of Legal Entities (clause 6 of article 11 of the Law on State Registration). If the correctness of the information already entered is not confirmed, then a record is made in the Unified State Register of Legal Entities about their unreliability.
In addition, the responsibility for providing false information has been tightened (Article 114.25 of the Administrative Code of the Russian Federation; Article 170.1 of the Criminal Code of the Russian Federation). The legislation has consolidated the concept of "dummies" (Art. 173.1 of the Criminal Code of the Russian Federation).
Since January 1, 2016, the Unified State Register of Legal Entities has included information on the company's decision to change its location (subparagraph "Article 2." Clause 1 of Article 5 of the Law on State Registration). The notification procedure and the list of documents are established by Art. 17 of the Law on State Registration.
So, information on state registration of legal entities allow you to get fairly complete, reliable and comprehensive information about a legal entity. Requesting such information will make it possible to draw a conclusion about the good faith of the counterparty, or it may become an excellent argument in court.
In order to avoid misunderstandings, it is worth paying more attention to the choice of the method of obtaining extracts and documents from the Unified State Register of Legal Entities, as well as remembering the importance of timely amendments to the Unified State Register of Legal Entities and the provision of reliable information.
Information on state registration of legal entities
Interregional Inspectorate of the Federal tax service on Centralized Data Processing notifies taxpayers that an extract from the Unified State Register of Legal Entities in electronic form, signed with an enhanced qualified electronic signature, is equivalent to an extract on paper, signed by the handwritten signature of an official of the tax authority and certified by the seal of the tax authority (paragraphs 1 and 3 of Article 6 Federal Law of April 6, 2011 N 63-FZ "On Electronic Signatures").
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Inquiry
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Mobile service OGRN-INN
Electronic statement from register of the Unified State Register of Legal Entities or EGRIP is a PDF file that was received at the MI FTS of Russia for the data center and signed with an enhanced qualified electronic signature (EDS).
For the receipt of one document, a payment of 200 (two hundred) rubles is charged.
At the end of the document, there is a conventional graphic designation of the signature:
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Information from the Unified State Register of Legal Entities for free
The information is posted by the Federal Tax Service of Russia in accordance with the provisions of paragraph 8 of Article 6 of the Federal Law of August 8, 2001 N 129-FZ and the order of the Ministry of Finance of Russia of December 5, 2013 N 115n.
The information obtained using the service is for informational purposes only and has no legal force.
Attention: The service opens in a new window and is currently not adapted for mobile devices with a screen size of less than 768x1024.
Or create paid request extracts from the Unified State Register of Legal Entities with the receipt of an official document by e-mail of the user within 10-15 minutes.
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Extract from the Unified State Register of Legal Entities / EGRIP
Available for all regions of Russia.
The document is issued by the MI FTS of Russia for the data center.
Extract for any legal entity or individual entrepreneur.
The cost of the request is 200 rubles.
The term of execution of the request is less than 1 hour.
Round-the-clock ordering and processing of inquiries.
Official document by e-mail.
You can print, copy and save the file.
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The finished document comes to the user's e-mail, as a rule, within 10-15 minutes. The maximum term for receiving a document from 8-00 to 24-00 is 1 (One) hour. At night, from 00-00 to 7-00, the execution time of requests can be increased to several hours
Check the SPAM folder directly on the mail service website.
You can get access and download the finished document yourself in three ways of authorization:
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Individual entrepreneurs (IE)
A citizen has the right to engage in entrepreneurial activity without forming a legal entity from the moment of state registration as an individual entrepreneur (IE).
OGRNIP - the main state registration number of an individual entrepreneur contains
TIN - taxpayer identification number of an individual contains:
In the absence of information in the register for the specified PSRN or TIN, a Certificate of the absence of information in the USRIP register is issued
Extract from EGRIP
Make a request
Legal entities (LE)
A legal entity is an organization that has separate property and is responsible for its obligations, can, on its own behalf, acquire and carry out civil rights and bear civic obligations, be a plaintiff and a defendant in court.
OGRN - the main state registration number of a legal entity contains
TIN - taxpayer identification number of a legal entity contains
In the absence of information in the register for the indicated PSRN or TIN, a Certificate of the absence of information in the register of the Unified State Register of Legal Entities is issued.
Law 129 "On State Registration of Legal Entities"
The legal norms for the registration of legal entities and individual entrepreneurs are governed by FZ-129. At the end of the previous year, Law No. 129 underwent significant changes. Next, we will take a closer look at the latest changes, as well as analyze their impact on society as a whole.
Description of the law
Federal Law No. 129-FZ "On State Registration of Legal Entities and Individual Entrepreneurs" was adopted by the State Duma on July 13, 2001 and approved by the Council of the Russian Federation on July 20 of the same year. Law No. 129-FZ considers all issues related to the registration of business entities. State registration of legal entities implies entering information about a legal entity into the state register.
Law No. 129-FZ "On State Registration of Legal Entities and Individual Entrepreneurs" contains the following information:
- the essence of state registers and the norms for their maintenance;
- step by step instructions when entering information about a legal entity and individual entrepreneur;
- registration of new legal entities;
- entering into the state register information related to the reorganization of legal entities or individual entrepreneurs, change of owners or location;
- removal of all information from the state register about a legal entity and individual entrepreneur;
- the reasons that served as the refusal to register the person concerned, as well as the procedure for appealing this decision.
New amendments to Federal Law 129-FZ were introduced at the end of 2016 and came into force on January 1, 2017. The main purpose of the relevant changes is to provide the Unified State Register of Legal Entities with reliable information. In the next paragraph, we will provide summary Law 129, as well as describe in detail the latest changes that were introduced in the new edition of Law No. 129-FZ.
Recent amendments to Federal Law 129 on state registration of legal entities
To register an individual entrepreneur, the tax authority will require you to provide a whole package of documents:
- an act proving the state registration of an individual as an individual entrepreneur in the form of P21001;
- receipt confirming payment state duty;
- photocopy of passport with registration;
- act on the transition to a simplified taxation system.
The Federal Law on state registration of legal entities at the end of 2016 underwent a number of changes. According to new edition Federal Law 129-FZ has changed general content state registers, the functions of notaries during state registration, and the program for verifying the reliability of information has been strengthened. The legislation of the Russian Federation adopted a resolution on strengthening administrative and criminal liability.
Separately, it is worth noting a number of articles that have been changed or improved:
Changes in Federal Law 129, made in Article 5, affected information and documents about a legal entity that are contained in the state register. As well as the procedure for providing documentation during registration. It was decided to expand the range of cases when state registration can be refused. Last changes Article 5 was introduced on December 28, 2016, and entered into force on July 28, 2017.
Now in point 1.2 it says: information on the initiation of proceedings on the default of the person concerned and on the procedures carried out in relation to him is applied in the bankruptcy case.
Clause 4.2. The information that is entered into the registering authority is carried out on the basis of information received from the Arbitration Court and information provided by the operator of the Unified Federal Register.
No adjustments were made to Article 9 of Federal Law 129-FZ in the previous year. The latest changes were introduced in 2015 and affected:
- paragraph 1... They were associated with applicants who have the right to be members of the company, to execute wills, when amendments are made to the State Register of Legal Entities;
- point 4. The verification of the reliability of information submitted to the Unified State Register of Legal Entities has been tightened;
- point 6. An interested citizen has the authority to send a written objection to the appropriate institution regarding the upcoming state registration.
The latest amendments to Article 11 of Federal Law No. 129 were introduced on March 30, 2015. Now in paragraph 3, when submitting documentation to the registering service by a notary, are sent by the registration authority within a strictly specified period. The notary issues papers to the applicant, on the basis of a certificate of equivalence in electronic or paper form.
Clause 5 Article 11 of FZ-129 obliges to make a record in the document about the inaccuracy of information.
Amendments to Article 12 were made at the end of December 2015. The law regulated the process of confirming the application. Now a legal entity must be guided by the relevant charter approved by its founder or the memorandum of association. And also the documentation must be submitted in duplicate.
The innovations introduced in 2016 are associated with an increase in the statutory capital of the company, this decision is made on the basis of general meeting society or decisions of a single member of the community.
Clause 2 reads: if a legal entity or individual entrepreneur needs to make changes regarding the transfer of a share or part of a house, a judicial act obtained in the Arbitration or Arbitration court should be provided.
At the end of 2016 (28.12.2016), 21 articles of Federal Law No. 129-FZ underwent many changes. According to new implementations in paragraph 4, the application must be motivated and drawn up in a special form approved by the Government of the Russian Federation federal body executive power. The deadline for submission is no later than 3 months from the date of publication of the decision. A legal entity is excluded from the service by the decision of the registering authority. And also a resolution on the upcoming exclusion is not adopted if there is information provided for in Article 5.
According to the new version of the law, the procedure for excluding a legal entity from the Unified State Register is applied if:
- the legal entity does not have enough funds for the expenses required for its liquidation;
- an entry was made in the Unified State Register of Legal Entities about the inaccuracy of the information.
In the new version of the law, the registration service does not exclude an inactive legal entity from the Unified State Register of Legal Entities, provided for in paragraph 1 of Article 5.
In the updated legislation, this Federal Law should be obtained only from the registration authority, and not from the executive authority that performs the functions of state registration of property rights to real estate and deals with him.
Download
The Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs" includes 9 chapters:
- Chapter I - General Provisions law;
- Chapter II - State registers;
- Chapter III - The procedure for state registration;
- Chapter IV - State registration of legal entities during their creation;
- Chapter V - State registration of legal entities by reorganizing and entering data into the Unified State Register of Legal Entities;
- Chapter VI - State registration of changes to the founding documents;
- Chapter VII - State registration in connection with the liquidation or exclusion of a person from the Unified State Register;
- Chapter VII.1 - State registration of individual entrepreneurs;
- Chapter VIII - Denial of state registration and responsibility for violation of the order;
- Chapter VIII.1 - Procedure for appealing the decision;
- Chapter IX - Transitional and final decisions of the law.
In total, Law No. 129-FZ contains 27 articles. You can download Law No. 129 "On State Registration of Legal Entities and Individual Entrepreneurs" by the following link.
Basic information about state registration of legal entities
Why do we need information about state registration of legal entities? Registration information indicates that the established commercial organization has the right to legally conduct its activities. According to Russian law, the company from this moment acquires the status of a legal entity. State registration makes it possible to control economic activities and exclude illegal entrepreneurship.
The organization is subject to taxes, the funds from which go to the country's budget. Company data are subject to statistical reporting. Information about business entities is available to regulatory authorities and everyone involved in economic turnover. Each enterprise has its own characteristics. The differences concern many nuances, including taxation. If a person wants to become an entrepreneur, then he should find out in advance how this can be done. Information on state registration of legal entities is public. And access to them is limited only in accordance with Article 6 of the Federal Law.
Legal entities and individual entrepreneurs
Individuals are citizens with legal capacity and capacity. This means that a person has the right to property, to engage in entrepreneurial activity. He also has responsibilities. Legal capacity means the ability of citizens to acquire rights and legal obligations when performing actions. In Russia, a citizen who has reached the age of 18 has legal capacity.
A simplified form of entrepreneurial activity is the creation of a small enterprise by an individual. There are a number of downsides to doing business this way. For individual entrepreneurs, the best way to avoid many disadvantages is to create an enterprise in the form of a legal entity.
If an enterprise is a legal entity, this means that it owns the property for which it is responsible. When registering an organization, the founders make contributions to its property. After that, the property of the legal entity is considered separately from the property of the founders. If the organization has debts, it pays them out of its property. The founder is not threatened with confiscation of personal property, so he sleeps peacefully at night.
As for individual entrepreneurs, the situation here is quite serious. Losses and inability to pay creditors lead to the fact that the individual entrepreneur is declared bankrupt and closed by a court decision. In this situation, the citizen will have to pay the debts himself. All his property can be seized and sold for debts. The entrepreneur is obliged to pay off the employees.
Legal entities have an independent balance sheet (estimate) and compulsorily keep accounting records. It is enough for individual entrepreneurs to keep records of income and expenses in order to correctly calculate the amount of tax. Often a citizen who wants to have his own business starts doing business as an individual. After 1 or 2 years, he will accumulate capital and gain experience. After that, he boldly registers a small business and starts working as a legal entity.
If disputes arise between individual entrepreneurs and organizations, they are considered in an arbitration court. To register an organization, you need certain funds, but in the future you will not need to worry about your personal property, regardless of whether your business goes up the hill or not. Individual entrepreneurs have great risks of going bankrupt, so before registering, you need to think about your decision. An individual entrepreneur does not have a separate property of the organization, from which debts can be paid. He has to rely on his own strength. Be aware of the potential risks and think carefully about your business plan.
Legal entity registration methods
If we consider how legal entities are formed, then the following methods of registration are distinguished: notification, registration, indicative, normative, statutory.
In the first method, the constituent documents are submitted to a state or municipal authority. Documentation can be sent by mail. An alternative way is to apply by phone.
The registration method involves the passage of a citizen of the registration procedure with the appropriate authority. At the same time, it is checked how the submitted documents comply with the norms of law.
The permissive procedure involves the consideration of the question of whether the creation of a legal entity is really useful and expedient.
Sign and normative procedures are optimal when it is planned to form an organization from an economic category: an economic entity, a manufacturer of goods.
The statutory procedure is similar to the notification procedure. However, there is no need to notify state bodies or local governments about the creation of a legal entity.
The registration procedure assumes that all founders have come to a common decision on what the new organization will be like in the future. The data is transferred to the Unified State Register of Legal Entities. If you need to make changes, you must pay a state fee. Its size is 4000 r. The registration procedure is carried out within 3 working days. The countdown should be conducted from the moment when the package of documents was submitted to the registering authority for consideration. Registration is carried out at the place of residence of the citizen.
The documentation includes an application, a check confirming the payment of the state duty, a protocol with a decision on the creation of a legal entity, a charter, a lease agreement. Any citizen can familiarize himself with the form of the required documents. It should be borne in mind that the charter of an organization with one founder is different from the charter of an organization with several founders. You will need to take your passport to the tax office for registration. If all the documents are drawn up correctly, then there will be no refusal, and in a few days you can start work related to entrepreneurial activity.
Taxation of legal entities
When a legal entity is formed, the organization is registered with the Federal Tax Service. The most common taxation regime is the traditional taxation system. The general system is relevant for large industries and large enterprises. For businessmen-owners of small or medium-sized businesses, this option is economically unprofitable.
OSNO assumes payment of the following taxes:
OSNO is a taxation system applied to all taxpayers who have not decided to use another system. This is the so-called "default" option. Be careful when filling out registration documents.
If a company applies OSNO, it is obliged to pay value added tax.
Its size is determined by the type of entrepreneurial activity. If the organization is engaged in export, then the tax is 0%. When a company produces food products, books, baby clothes and medical products, the VAT rises to 10%. The rest of the cases involve the payment of tax at the rate of 18%.
Despite the fact that individuals must pay personal income tax, organizations are also required to transfer this tax. Its interest rate ranges from 9 to 35%.
Income tax must be calculated in accordance with the requirements of Chapter 25 of the Tax Code of the Russian Federation. Given the specifics of the organization, it can be complex. It is charged depending on the type of activity. If the organization works in the field of education or medicine, then this tax on dividends will be 0%. In addition, the legal entity pays tax on the property of the organization. LLCs must report income taxes on a monthly or quarterly basis.
Who can choose the simplified tax system
The simplified taxation system (STS) can be chosen by businessmen, when for 9 months of work after registration, the income of the organization amounted to no more than 45 million rubles. Not all companies have the option to choose a simplified system. So, banks, notaries or pawnshops cannot use this taxation system.
The indisputable advantages of the “simplified system” include the possibility of not paying taxes on profits, property of the organization and VAT. This system assumes the annual submission of the declaration. LLC on a mandatory basis every quarter submits calculations related to the payment of insurance premiums.
For individual entrepreneurs who have been registered as individuals, the patent taxation system is available. In particular, individual entrepreneurs do not pay VAT, tax on income and property of individuals, they have the right not to use cash register equipment and not to make tax reports. However, working under a patent, you cannot receive more than 60 million rubles. in year.
Organizations engaged in certain types of activities have the right to choose a single tax on imputed income. In this case, the tax is not levied on the income actually received, but on the one that is supposed to be received. Please be aware that you cannot select UNDV if this system is not up-to-date in your area.
Businessmen should be aware that not all types of taxes are listed here. Once they start their work, businessmen may be required to pay local tax or transport tax. Those who work in the countryside should be aware of the uniform agricultural tax.
Information on registration of legal entities
Often, citizens make purchases, and then the products break down long before the end of the declared warranty period. What if the company phone doesn't answer? You can find the manufacturer if you get information about its registration.
An extract from the Unified State Register of Legal Entities contains the necessary data. This document contains the date of registration, the issuing authority, and the passport. However, such information may be provided to government agencies. As for the copy of the constituent document, access to it is unlimited.
The state registers contain information about each legal entity or individual entrepreneur. They are provided in the form of an extract or a copy of a document that is contained in the register. When the requested information is not available, then the corresponding help will be issued. It is easy to find an unscrupulous manufacturer if you contact the tax department.
If consumers' rights are violated, they are able to bring the offender to justice in court. After receiving the contact information, the citizen can draw up a written claim and submit it to the seller company. When it is not possible to resolve the conflict out of court, then an independent examination is carried out. The buyer draws up and submits a statement of claim to the court. At the same time, he has every chance of winning the business he has begun.
To understand all the "intricacies" of running your own business, consult with a professional lawyer. If you are starting your own business, then you also need the advice of an accountant. Correct planning and thoughtful actions are the key to the successful development of your business. This means that you will be able to work, make a profit and not be afraid that tomorrow the activities of the enterprise will be suspended due to mistakes made during registration.
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How to get information about a legal entity from the Unified State Register of Legal Entities? Where to go and how much does it cost?
Answer
According to Article 6 of the Federal Law N129-FZ of 08.08.2001 "On state registration of legal entities and individual entrepreneurs", the information entered in the Unified State Register of Legal Entities is public and open. Consequently, they are to be issued at the request of the person concerned. The exception is data on passports and other identity cards of individuals.
What information is stored in the Unified State Register of Legal Entities?
Both paper documents and electronic data are stored in the unified state register of legal entities. When registering a legal entity, the necessary papers are submitted to the registering authority, which are subsequently kept in the register unchanged. In addition, basic information about the registered company is entered into the Unified State Register of Legal Entities. The list of information in the Unified State Register of Legal Entities on state registration of legal entities and individual entrepreneurs is determined by law N129-FZ. In particular, the registry stores official data:
- about the company (its name, organizational form, address, contacts, branches, etc.);
- on the assigned account numbers and codes (OGRN, TIN, OKVED, etc.);
- about the founders and constituent documents (including the documents themselves);
- about the management of the company;
- on reorganization or liquidation;
- other information.
Methods for obtaining information about a legal entity from the Unified State Register of Legal Entities
There are several options for obtaining the necessary information from the state register. All of them are set by the Administrative Regulations (approved by the Order of the Ministry of Finance of the Russian Federation of January 15, 2015 N5n). Interesting information about the state. registration of legal entities persons and individual entrepreneurs can be obtained:
- at the local tax office;
- by ordering access to the complete database of the Unified State Register of Legal Entities;
- independently on the website nalog.ru.
These methods differ both in the order of actions and in the way of providing information. In the first case, the requested data will be issued on paper; in other cases, there will be no physical document on hand.
Important! Since the registry stores not only electronic data, but also paper documents, the applicant can request copies of existing papers
Based on the results of processing the request, the applicant is issued with one of the documents:
- extract from the Unified State Register of Legal Entities (see sample extract);
- a copy of the document stored in the state register;
- certificate of absence of the required information in the state register;
- notification about the impossibility of providing data.
Important! Request information about the state. registration of legal entities individuals and individual entrepreneurs can not only about their own enterprise, but also about any other company, including companies that no longer work
Obtaining an extract at the FTS branch
To obtain the necessary information, you must send a request to the FTS department. It is written in free form, but it must necessarily contain:
- name, OGRN and TIN of the requested legal entity;
- the name of the legal entity (name of the individual entrepreneur) requesting information, its OGRN (OGRNIP) and TIN;
- contact phone number, postal address or e-mail;
- method of providing the requested information.
The request is submitted to the department of the Federal Tax Service at the location of the legal entity or to the nearest MFC personally by the director of the organization, his representative (by power of attorney), or sent by mail.
Information issued by the Federal Tax Service on paper is paid. The cost of an ordinary request (documents are issued within 5 calendar days) - 200 rubles, urgent (papers are issued within 1 working day) - 400 rubles. If you do not have time to visit the Federal Tax Service, use the service
Direct access to the state register
Viewing records on the tax website
If you do not need official confirmation of the information received about the state registration of legal entities, then you can see information about them on the FTS website at egrul.nalog.ru. Information is provided free of charge.
Receiving an electronic statement
If you still need an official document, but not necessarily on paper, then use the page at service.nalog.ru/vyp.
The applicant is not required to have his own digital signature. Upon request, a PDF file with an electronic signature of the tax service is issued. The term for providing the statement is 1 day, the file is available for download within 5 days. This service is provided free of charge.
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What is the register of legal entities and individual entrepreneurs? What information is entered into the specified document and by whom? How can I get the statement sheet from the information database? Let's understand the nuances of the Unified State Register of Legal Entities (EGRIP) in more detail.
Unified register of legal entities and individual entrepreneurs - legislative aspects
The unified state register of individual entrepreneurs, as well as the unified state register of legal entities, is maintained in accordance with Order No. 129-FZ dated 08.08.01 and Order No. 115n dated 05.12.13. These documents are consolidated information bases, in each of which information is provided by taxpayers directly during the official registration of the status of a legal entity or individual entrepreneur. The list of data is exhaustive for all spheres of activity and economic entities existing in Russia.
Federal registries are publicly available, are constantly updated and contain complete information about the opening of companies, reorganization and / or liquidation. The assigned registration number includes 15 characters, each of which has a certain value for users:
- 1 character - means the sign of the composition of the record.
- 2, 3 characters - show the last 2 digits of the year.
- 4, 5 characters - means the regional code of the subject of the Russian Federation.
- 6-14 characters - decrypt into chronological order numbers of records of the current year in the register.
- 15 characters - denotes a check digit.
The main principle of the functioning of the registers is to track and subsequently control the activities of individual entrepreneurs / enterprises by authorized state bodies, including the availability of up-to-date information about executives, personal data, the composition of founders, etc. The responsible body in accordance with stat. 5 of Order No. 129-FZ, a registration authority is appointed, that is, a tax office. All data is provided when registering a business, and some information is transferred to the IFTS social funds, licensing structures. Accordingly, households. subjects are obliged to promptly and in the prescribed form notify the territorial subdivision of the Federal Tax Service of the changes taking place. What exactly does the register of legal entities and the register of individual entrepreneurs reflect? More on this later.
What data are to be reflected in the Unified State Register of Legal Entities (clause 1 of article 5 of Order No. 129-FZ):
- Russian-language full and / or abbreviated name of the company, as well as company name, if any. If a foreign name is contained in the statutory documentation of a company, it is also necessary to enter such data into a unified register (EP).
- Organizational and legal status of the company.
- The exact location of the company, including changes in the address, as well as e-mail when specifying the mailbox in the registration application.
- The option of creating an enterprise (reorganization and what kind, or opening a business "from scratch").
- Data on all founders of a legal entity, and in the case of entering information on JSC, also data on all holders of registers of current shareholders. An LLC requires information on the size of the charter (nominal) and the composition of shares; on the presence of any encumbrances in terms of shares; about the person managing the share upon inheritance.
- Officially notarized or authentic copies of the constituent documentation or a note that the activity is carried out in accordance with the standard form of the charter in accordance with federal regulations.
- Succession data - submitted by legal entities formed in the process of reorganization of other legal entities; legal entities liquidated in the process of reorganization or legal entities involved in the transformation procedure.
- The exact dates of changes to the constituent documents or the exact date of receipt by the control registering body of notification data on such changes.
- The option of closing a legal entity - by means of liquidation, reorganization, through exclusion from the UR according to a decision made by the registering authority, as a result of adding a unitary organization as a property complex (IC) to the authorized capital of a JSC, as well as in cases established by law of transferring an IC of a unitary organization to state ownership.
- Information about the opening of the liquidation procedure, bankruptcy and other interrelated procedures.
- The exact value of the authorized capital / fund specified in the constituent documents, share contributions, reserve fund and others is provided by commercial enterprises.
- The exact position, full name, TIN (if any) and data of the passport (or other identification document) responsible person authorized to act on behalf of the legal entity without a power of attorney.
- Data on a corporate contract containing conditions for the limitation and / or alienation of shares / interests.
- Data on issued permits.
- Data on the available open representative offices / branches of the legal entity.
- TIN, date of registration with the Federal Tax Service and the code of the reason for the legal entity-taxpayer.
- All declared to Rosstat OKVED codes.
- Registration numbers and the date of registration of the taxpayer with the FSS of the Russian Federation, the Pension Fund of the Russian Federation.
- Data on the ongoing process of transformation of a legal entity.
- Data on the ongoing process of reducing the authorized capital of a business entity.
What data are to be reflected in the USRIP (clause 2 of article 5 of Order No. 129-FZ):
- The exact surname and name of the individual, as well as the patronymic, if any. For foreign nationals, individuals who do not have citizenship, the specified information is entered in Latin letters according to the information from the certification document.
- Place and date of birth, as well as gender.
- Country of citizenship, in the absence of a corresponding entry "stateless" is made.
- The exact place of residence in Russia, including the subject of the Russian Federation, city or region, or other place of residence, street, house and apartment number.
- Email address when specifying the box in the registration application.
- For Russian citizens, information on the identity document.
- For foreign citizens, information on the type of certification document recognized as such in accordance with federal law or an international treaty of the Russian Federation.
- For foreign citizens and stateless individuals, information on the residence permit document (date, number, validity period).
- The exact date of state registration of the individual entrepreneur and the data of his certificate of entry into the EP.
- The exact date and option for the termination of the entrepreneur's work activity due to - filing an application, by a court decision on declaring an entrepreneur bankrupt or on a forced termination of work, in connection with the death of a citizen, by a court decision banning entrepreneurship for a specified period, due to cancellation or expiration of the period validity of the residence permit of the Russian Federation.
- Accurate data on issued permits.
- TIN of the entrepreneur and the exact date of its receipt.
- Registration data on registration with the FSS, PFR, including the date and number.
As it becomes clear, the list of information contained in the register of entrepreneurs or legal entities is very extensive and enables direct users to get answers to almost all questions about the activities of an economic entity. In accordance with paragraph 3 of Art. 5 of Order No. 129-FZ, when any changes are made, all previously generated information is saved in order to strengthen control and administration of the work of individual entrepreneurs / enterprises. Upon completion of the deadlines approved by the Government of the Russian Federation, the information is transferred for permanent storage to the state archives.
How data is entered into the register
It is not for nothing that the decoding of EGRIP begins with the word single: the designation very accurately conveys the meaning of the federal base. This is, first of all, a collection of information in common bank data, and subsequent clarifications explain which body is appointed responsible (state); in the form of which information is presented (register) and about whom (individual entrepreneurs or, accordingly, legal entities).
The initial submission of data is made at the stage of starting a business - when submitting to the territorial tax office package of registration documents. Each entry has its own individual number state registration (clause 4 of article 5 of the Order) and the date of entry. In this case, the data is submitted by taxpayers, and entered into the register by employees of tax authorities. There are several exceptions:
- When issuing licenses - information is submitted by licensing structures within 5 (working) days from the date of the decision.
- When registering a taxpayer in funds - information is submitted by social extrabudgetary funds(PFR and FSS) no later than 3 (working) days from the date of registration of the subject.
- When assigning a TIN - information is submitted electronically by the responsible divisions of the IFTS within 5 days (working) from the date of tax registration of an individual / legal entity.
- When changing the passport or place of residence of individuals - the direct founders / participants of the legal entity; persons who have the right to act without obtaining a power of attorney; as well as entrepreneurs, information is submitted to tax inspectorates from bodies that change the documents of these persons or register changes in residential addresses no later than 5 (working) days from the date of receipt.
- When initiating a case regarding the bankruptcy of a legal entity - information is submitted arbitration courts upon acceptance of the relevant applications, and are also provided by the operator of the EFR (Unified Federal Register) within 3 (working) days of the date the information is entered into the database.
Note! Also, the obligation to independently enter information on changes is assigned to the legal entity in case of any changes, except for data on licenses, TIN and registration in funds. Set time- 3 days (working) from the date of changes. An individual entrepreneur is obliged to inform about all changes, except for data on TIN, licenses and registrations in the FSS / PFR, with a similar notification period. It is not required to enter information on changes in the passport and address of residence (clause 5 of article 5 of Order No. 129-FZ).
With regard to statistics codes, an individual entrepreneur is not obliged, according to the current legislative regulations, to enter data into a single register, but it is necessary to indicate the types of OKVED during registration. And after opening a business, an entrepreneur independently receives an information letter from Rosstat. But it is obligatory to submit an application in the established form for registration of changes in the register of individual entrepreneurs, and how to do this - we will tell about this in the next section.
How can you make changes to the Unified Register
The federal unified state register of individual entrepreneurs is regularly updated and should contain only up-to-date data. That is why taxpayers are given a certain period of time to make informational changes and the generally established procedure must be observed by all entrepreneurs without exception.
Changes to the register have to be made quite often, and this is especially true for changing the types of IP activities - adding new ones or excluding old ones. When reflecting data, it should be remembered that one code is recognized as the main one, and all others are considered additional, such nuances are important when forming the application form. The document is drawn up by an individual personally, the filling format is “by hand” or using a computer, the method of presentation is in person, by mail, through an approved representative.
Application form f. Р24001 approved by Order No. ММВ-7-6 / [email protected] dated 01/25/12 and contains unified sheets, which are formed as needed, depending on the individual characteristics of the situation. For example, an individual entrepreneur when changing working types of economic activity, if new codes are added, you need to fill out sheet E of page 1, and if OKVED is excluded, additionally provide page 2 of sheet E. title page, where basic information about the individual is indicated.
There is no need to sign the document in advance; a personal signature is affixed in the presence of a tax inspector when submitting the form. In addition to the specified application, you must have with you - a passport, TIN, copies of those documents that confirm the changes made. On the last sheet of the application, the preferred method of obtaining documentation from the IFTS is noted - in person, by mail or through a representative. Remember that the OKVED codes have changed, the registering authority should be notified within up to 3 days (working days) from the date of addition, and in case of an exception, the legislation of the Russian Federation does not contain any terms.
What is the USRIP record sheet for?
The form of the EGRIP record sheet, the tax is paid by the entrepreneur depending on the applicable tax regime, can be useful in various situations. This is, first of all, checking the counterparties of the company, including suppliers of all kinds of goods, services or works. The ability to obtain an extract will help protect your business from the risks of non-payment of obligations or additional tax payments in the event of claims by the Federal Tax Service. Additionally, you can clarify whether the head of the company is not included in the list of disqualified individuals, and whether the location of the company belongs to addresses that are considered mass registration.
Also, using the EGRIP / USRLE sheet, access to such information is given as - the current status of the individual entrepreneur / legal entity, the date and place of registration, the types of OKVED, the size and composition of the charter, the position and full name of executives, the presence of licenses and branches, and other open data. For your own purposes, an extract is required when opening bank accounts, when obtaining loans, when concluding certain categories of transactions or when notarization certain types documents. Take advantage of federal base Anyone has the right to obtain data for obtaining an extract about his or a third party, especially since there are a lot of methods - from paid to free, from urgent to ordinary.
Important! It will not be possible to find out part of the information about the individual entrepreneur / legal entity, since some information is considered confidential and is not subject to disclosure to a wide range of persons. This is the address of residence of individuals, legal address enterprises, passport information and some other personal.
How to get an extract from the Unified Register
Previously, it was possible to obtain an extract only with a personal appeal to the tax office. Today, the procedure has been greatly simplified and you can order a document in person or on the Internet. First of all, access to the database is provided by the official website of the Federal Tax Service in the Unified State Register of Legal Entities / EGRIP. The search criteria are very simple and involve searching for information by TIN / PSRN or the name of a person. Keep in mind that a full document can be obtained only with an EDS (enhanced digital signature), if there is none, you will have to order a sheet through your tax office. A shortened version is also available without a signature.
The service is paid only when requesting data for someone else's company / individual entrepreneur. For your own purposes, the statement is issued free of charge for general grounds(within 7 days), paid - in case of urgent application and issuance of the document the next day. The cost of the state fee is 400 rubles in 2017. Payment is made to the details of the Inspectorate of the Federal Tax Service for the corresponding BCC.
Conclusion - we examined the essence and purpose of the USRIP / USRLE in accordance with the current legislative norms of the Russian Federation, namely Order No. 129-FZ and Order No. 115n. Basic requirements for the presentation of data in unified registers coincide with respect to legal entities and entrepreneurs, but have a number of differences in terms of indicating information. Keep in mind that when requesting a statement sheet, in some situations, a limited validity period has been approved (1 month, week, or 5 working days), therefore, in each case, it is necessary to clarify the nuances of the appointment.