Trading without permission entails penalties under administrative law. To carry out trading activities on the street, you must register as an individual entrepreneur or register as a legal entity. The procedure for obtaining permission, the list of required documents, as well as the timing of consideration of the application will depend on the choice of the form of economic activity. Moreover, obtaining a permit for street trading is also influenced by the list of goods that will be distributed.
- Necessary documents Registration of licenses
- Sale of beer
What is a trade permit and do I need to obtain one?
A trade permit is an official document issued by the relevant local authorities and certifies your right to carry out a particular type of trade in a certain category of goods. To obtain a trade permit, you must provide a package of documents to the appropriate authorities, including a certificate of registration of an individual entrepreneur or legal entity.
Not all types of goods require a trade permit. The list of goods for the sale of which requires permission can be found in the Federal Law “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal supervision” dated December 26, 2008 No. 294-FZ. This law prescribes a list of types of commercial activities of individual entrepreneurs and legal entities that require notification of the start of work. A detailed list can be found in the Decree of the Government of the Russian Federation “On the notification procedure for the start of certain types of business activities” dated June 16, 2009 No. 584, where the list of types of activities is specified.
When carrying out the following activities you do not need to obtain a trade permit:
- Retail trade in non-specialized stores.
- Retail trade of food products in specialized stores.
- Retail trade in cosmetics and perfumery products.
- Retail trade in tents, markets.
- Wholesale trade in food products.
- Wholesale trade of non-food products.
Advice: when choosing a type of trade (in a store, in a kiosk, from a mobile tray, in a vending machine, on the street, etc.), you need to take into account your capabilities - start-up capital, availability of your own premises, organizational and legal form of business (individual entrepreneur, legal entity) .face). Before choosing, you need to take into account the fact that the individual entrepreneur is responsible to his creditors with all personal property, and the LLC participants only with their contributions to the authorized capital.
Taxation and reporting
The taxation procedure is chosen by the participant in trading activities at the stage of registration as a legal entity or individual entrepreneur. So, in 2021, participants can use the following taxation methods:
- Carrying out activities on the basis of a received patent . A patent is permission to trade, granted for a limited period of time. Typically, this duration varies from six months to 12 months. Payment of the cost occurs when registering a patent, therefore, in the future, when carrying out trading activities, there is no need to transfer tax to the state. On the one hand, this is beneficial, but on the other hand, the legal entity will have to immediately find a large sum to pay for the cost of the patent.
- A simplified taxation system is the most profitable option for small entrepreneurs and individual entrepreneurs. The advantage of this method is that the legal entity pays tax only from the profit amount. First, the total amount of income is calculated, from which expenses are calculated. After this, tax is calculated from the difference received. In this case, the tax is not very high, but the individual entrepreneur will have to regularly prepare certificates, calculating profits and expenses.
- Fixed tax, which is the same for all retail outlets . The amount of deductions is calculated based on the location of the retail outlet, as well as the area of the retail stall.
How and where to obtain a trade permit for individual entrepreneurs - step-by-step instructions
The procedure for submitting a notification about the start of trading activities is regulated by Decree of the Government of the Russian Federation No. 584. After registering an individual entrepreneur, the entrepreneur submits 2 applications to the administration of the locality in which he is registered. This notice may be given in person, by mail, or by email. In the application, an individual entrepreneur or a representative of a legal entity indicates the full name, INN, OGRN, their legal address (for an individual entrepreneur - registration address), types of activities, and the actual address of the outlet. The same notification is submitted if you decide to add OKVED codes for individual entrepreneurs associated with retail or wholesale trade.
Advice: the place of sales must be taken very seriously, as a poor place can lead to low sales of even the most popular goods. If you sell food, target a target customer who lives 100-300 meters from the store - people don’t go far to buy groceries. It’s another matter if you sell computers or furniture - people don’t choose this type of product emotionally; first they study prices and quality and travel to different sales points. Also learn sales techniques and teach them to your staff.
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How to obtain a trade permit - main steps:
- Submitting an application to the local Rospotrebnadzor authority.
- Contacting local authorities to obtain permission to trade at a specific address. Providing documents on registration of an individual entrepreneur or legal entity, tax documents (original and copy), identity document (original and copy), extracts from the tax office confirming the absence of debts on mandatory payments and fees, other documents.
- Drawing up a production control plan.
- Contacting the SES (sanitary and epidemiological station), obtaining a SES conclusion. Before contacting the sanitary and epidemiological station to obtain permission to sell food products, you need to organize conditions in the commercial premises suitable for storing and selling food products, and take care of the destruction of rodents and insects (especially in old houses).
- Obtaining permits confirming the fire safety of a retail facility. Before contacting the fire inspectorate to conduct an inspection and obtain permission, you should take care of checking the wiring (it must correspond to the maximum power of the connected devices and equipment), and also purchase a fire extinguisher.
- Registration of medical records for sales personnel (when selling food and other goods, the sale of which requires a medical examination). When hiring foreign citizens, it is necessary to provide work permits in the Russian Federation.
Punishment for violating established rules
As a general rule, the regular carrying out of trading activities is considered entrepreneurship. Regularity means triple retail or wholesale sales.
For violation of current legislation, the participant in the trading procedure will have to pay a fine, the amount of which in 2021 will be:
- 2000 rubles – in relation to an individual conducting trading activities;
- 10,000 rubles – in relation to each official who committed a violation;
- 20,000 – unregistered individual entrepreneurs;
- 30,000 rubles – legal entities registered with the Federal Tax Service.
As for carrying out one-time unauthorized trade, the fine will be one and a half thousand rubles. For repeated violations, the person will have to pay a fine of double the amount . These penalties are applied within the framework of the Code of Administrative Offences.
Another significant point to pay attention to is the attraction of hired workers. So, in the case of hiring people who will work in a trade stall, it is additionally necessary to prepare reports for the Pension Fund and the Social Insurance Service . Involving persons without registration is a risk and another basis for legal punishment.
Street trading permit
One of the most popular segments of retail sales of goods is street food sales. The implementation of this type of commercial activity is regulated by Russian legislation and local regulations, so conditions may differ slightly for different regions.
To obtain a street trading permit, you must go through the following steps:
- Registration of individual entrepreneurs.
- Choosing a form of taxation.
- Determining the location of future trade on the street.
- Submission of documents to the relevant department of the local administration (including a map of the area on which the place of trade should be marked). You also need to provide originals and copies of registration and tax documents, an identity document, an extract on the absence of tax obligations, a conclusion from the SES and fire inspection (for kiosks).
Within 10 days, such permission must be issued to the applicant (passport of the outlet); in case of refusal, the reasons must be indicated.
Permission to trade in different types of objects
When selling food and other goods in a non-stationary trade facility (an object without a firm connection to the ground - kiosks, vending machines, etc.), it is not necessary to obtain a trade permit. To start an off-site or stationary sale, you must register as an individual entrepreneur or legal entity and enter into a lease agreement with the owner of the place of sale.
If you are thinking about how to increase sales in retail trade and have decided to organize your own retail market, you will need to obtain a trade permit, which is issued in accordance with the Federal Law “On Retail Markets and on Amendments to the Labor Code of the Russian Federation” dated December 30, 2006 No. 271- Federal Law. In the documents for obtaining permits, you must indicate the name and tax identification number of the company, the address of the place of future trade, the type of market being organized, your constituent and tax documents. You will also need documents on ownership or a long-term lease agreement for the planned trading location.
Catering requirements: cafes, buffets and restaurants
Depending on the type of activity, the required documentation may vary. For entrepreneurs engaged in catering or providing personal care services, the main inspection body is Rospotrebnadzor, and at the point it is necessary to have the appropriate sanitary and medical documentation:
- Production control program (plan)
- Disinfectant log book
- Biological waste management scheme
- Instructions for handling biological waste
- List of employees subject to medical examinations
- Work program for industrial control of drinking water quality
- Set “Sanitary accounting logs”
- A set of SANPIN standards and Federal laws
- Sanitary and epidemiological report
- Contracts (for disinfection, deratization, waste disposal, washing of linen and clothes, etc.)
- Personal medical records of employees
- Sanitary passport of the facility.
License to sell alcohol
Selling strong alcoholic drinks requires obtaining a license, otherwise you may be fined a decent amount. Such a procedure and responsibility are regulated by Russian legislation - the law “On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products” dated November 22, 1995 No. 171-FZ.
What documents will be required to apply for a license to retail trade in alcoholic beverages for a legal entity:
- Copies of constituent documents (ideally certified by a notary), and have the originals of these documents with you.
- Receipt for payment of the state fee for the service.
- A document that confirms the presence of an authorized capital of at least 1,000,000 rubles.
- Certificate of registration of a legal entity (copy).
- Taxpayer certificate (copy).
The cost that is paid annually for a license to sell alcohol is 65,000 rubles.
