What is the difference between a participant and an individual entrepreneur? The role of the organizational and legal form in business

Organization own business is a serious undertaking that requires reasonable approach and taking into account many details. Most young businessmen have a question about choosing a form of entrepreneurship. To accept correct solution, you need to clearly understand how an individual entrepreneur differs from an LLC. Other options ( Joint-Stock Company, partnership) are too complex for starting your own business, so in practice they are used much less often.

The role of the organizational and legal form in business

The future of the company directly depends on the choice. Individual entrepreneurs and legal entities differ markedly from each other. Even the same type of activity in the organizational and legal forms under consideration will develop in completely different directions, therefore the choice should be treated with full responsibility and should be oriented towards the future.

In order for a young entrepreneur to make a reasonable decision, he must understand how an individual entrepreneur differs from an LLC. To do this, you need to know the characteristics of each type.

Features of opening an individual entrepreneur

To obtain a business certificate you will need certain documents:

  • notarized statement (form p21001);
  • copy of the passport;
  • receipt of payment of state duty;
  • application for application of the simplified tax system.

A young businessman must choose the types of activities that he is going to engage in. If all documentation is properly completed and the inspector does not find specific reasons for refusal, the procedure will pass safely. Obtaining a legal address, contributing an amount to the authorized capital - all this is not required by registering an individual entrepreneur. The state fee is 800 rubles, and the duration of all events is about a week.

Features of LLC registration

The process is more complex and requires the following documents:

  • registration certificates;
  • order on the appointment of the head of the company;
  • charter;
  • extracts from the Unified State Register of Legal Entities.

In some situations it may be necessary letter of guarantee on the provision of premises for a legal address, copies of passports of the founders and manager, acts of assessment and transfer of property. The cost of state duty is approximately 4,000 rubles. Legal entities are required to open a bank account and obtain their own seal, but entrepreneurs do not need this - this is how individual entrepreneurs differ from LLCs.

Economic policy of individual entrepreneurs and LLCs

Despite the fact that an entrepreneur has a low down payment, a legal entity has more economic advantages. Firstly, in most cases, maintaining a company requires fewer expenses, because even if a businessman does not engage in his business or does not make a profit, he will still be required to regularly pay a certain amount in Pension Fund And tax office. In such a situation, it can provide a “zero” report and information mail about the lack of payments to individuals.

Secondly, there is an idea that an organization is a more reliable partner in business than an individual entrepreneur. In this regard, it is much easier for her to arrange transactions with partners and counterparties. But this is not all that distinguishes an individual entrepreneur from an LLC.

Taxes for individual entrepreneurs and limited liability companies

There are no particular differences in tax obligations between the organizational and legal forms under consideration (if the same regime is chosen). The rates and terms are the same for both sides. The only difference is that an additional type of taxation is available for individual entrepreneurs.

In 2014, businessmen and legal entities can choose one of the following tax regimes:

  1. OSN - general system taxation, used by default (if there was no application for another category). For a businessman, it offers unfavorable conditions, since it requires payment of VAT (18%) and personal income tax (13%), and it is also difficult to maintain accounting records.
  2. The simplified taxation system is a simplified taxation system available to businessmen with an income of less than 64 million rubles. This regime is popular because it implies the absence of VAT, and instead of income tax, the individual entrepreneur must pay 6% of profit or 15% of revenue.
  3. UTII is a single tax on imputed income. In this mode there is no VAT and the tax rate is 15%.
  4. PSN - a patent taxation system (not provided for legal entities) differs in that an individual entrepreneur will have to pay 6% of possible income, depending on the type of activity.

If there are employees, individual entrepreneurs and LLCs undertake to make additional financial payments.

Lending and administrative fines

Businessmen may encounter certain difficulties in obtaining loans, since banks are more loyal to legal entities. The reason is that credit institutions know the specific amount authorized capital, which they can count on in case of non-payment. Even if the size of the founders’ contribution is minimal, the company with limited liability has a better chance of getting a loan.

Those who want to understand how an individual entrepreneur differs from an LLC (2014) should know that the legislation is more lenient for those with the status of an individual entrepreneur, since the size administrative offenses for them are established less than for legal entities.

Difference in liquidation and bankruptcy risks

Almost all activities have to be stopped sooner or later, but not necessarily because of ruin. This may be required in order to start a more profitable business. Then you will need to close the business certificate or liquidate the legal entity. Such events are similar to each other, but a limited liability company takes much longer to complete them.

In the event of bankruptcy to pay off debts to creditors, a businessman risks losing all his possessions, regardless of whether they are related to business activities. This is where it hides main danger conducting business in the form of individual entrepreneur. In such a situation, legal entities are liable for financial obligations only in the amount of the authorized capital or the property of the organization (which may not exist). That's why some people are interested in how to transfer the status of an individual entrepreneur to an LLC.

What is the difference between an LLC and an individual entrepreneur: pros and cons

Based on the above material, the following advantages of IP can be identified:

  • quick opening of a certificate;
  • low cost of registration;
  • There are no costs for creating a legal address.

Disadvantages of IP:

  • payment of contributions to the Pension Fund, regardless of the level of income and activity of the businessman;
  • distrust from the outside large firms, difficulties in concluding contracts;
  • In case of bankruptcy, an individual entrepreneur risks losing all his property (apartment, car, dacha, house).

Positive aspects of LLC:

  • if your income is zero, you do not need to pay money to the Pension Fund (upon submitting the relevant documents);
  • in the event of a collapse, is liable only for the authorized capital.

Negative aspects of LLC:

  • high cost when opening;
  • funds are required to form the capital of the company;
  • search for a legal address (additional costs).

That's all you need to know about the forms of entrepreneurship under consideration. A clear understanding of how an individual entrepreneur differs from an LLC will allow a novice businessman to think through everything carefully, avoid unnecessary mistakes and make a reasonable decision that will lead to success.

Entities who decide to open their own business inevitably face the problem of choosing the organizational and legal form of their future business. For beginning entrepreneurs in Russia, you can go in two ways: (Individual Entrepreneur) or (Limited Liability Company). Make the right decision that you can choose from them only if you have a clear idea of ​​the differences between the first option and the second.

Concepts and legal framework

An individual, represented by an individual entrepreneur, is engaged in economic activities in selected areas after registration with local authorities. He is responsible for the results of his activities with his property.


The legal principles of its functioning are based on the Civil Code of the Russian Federation (Article 23).

LLC is organized by one or more citizens and/or business entities (founders) for implementation after state registration as legal entity economic activity chosen direction. Responsibility for results is limited by the amount of authorized capital collected by the founders. The functioning of such a company is based on the Civil Code of the Russian Federation and Law No. 14-FZ of 02/08/1998.

What is the difference between an individual entrepreneur and an LLC?

The differences clearly appear when comparing their defining characteristics.

Signs of IP

  1. An individual entrepreneur is created by one participant - an individual, and is registered at his registration address.
  2. Not all types of activities are permitted by law.
  3. It does not have constituent documents and authorized capital.
  4. The individual entrepreneur is responsible for the results of his activities with all his property and bears personal criminal liability.
  5. All cash belongs to the individual entrepreneur.
  6. The state fee for registration is 800 rubles.

Signs of LLC

  1. An LLC is created by one or several participants (up to 50) and can undergo state registration at the place of business in any administrative center of the Russian Federation.
  2. Can conduct any activities permitted by law.
  3. Constituent documents- Charter. The minimum authorized capital is 10,000 rubles.
  4. Participants are responsible for the results of their activities in the amount of their contributions. The founders are not responsible for the risks of the company's obligations. TO criminal liability hired first managers may be involved.
  5. All cash must be deposited in the society's cash register.
  6. Registration fee - 4000 rubles.

Nuances of individual entrepreneur registration

To obtain a certificate of state registration of an individual entrepreneur, the following documents are required:

  • an application in the approved form, certified by a notary;
  • citizen's passport;
  • confirmation of payment of state duty;
  • notification of application of the usn.

Individual entrepreneurs need to choose the areas of their future commercial activities. Obtaining a legal address and contributing material funds to the authorized capital is not necessary.

Features of LLC registration

For registration you will need:

  • registration certificate;
  • order on the appointment of a director;
  • charter;
  • extract from the Unified State Register of Legal Entities.

It is advisable to prepare:

  • letter of guarantee for the allocation of premises for a legal address;
  • copies of passports of founders and directors;
  • acts of valuation and transfer of assets.

It is required to open a bank account and make a company seal.

Pros of IP

  • there is no fixed authorized capital;
  • small amount of reporting;
  • fixed amounts of insurance premiums;
  • fines for violations are less than for LLCs;
  • reduced volume accounting;
  • the possibility of switching to preferential taxation;
  • simplified registration and lower state fees;
  • simple procedure for official closure (liquidation).

Disadvantages of IP

  • not all activities are permitted by law;
  • responsibility for risks resulting from activities with all of one’s own property, even those not included in the business process;
  • the difficulty of developing a business (lending, attracting investors) due to the “modesty” status;
  • underdevelopment legislative framework, protecting the interests of individual entrepreneurs.

Pros of LLC

  • great opportunity to attract investment;
  • more comfortable work with counterparties (allowing deferments, installment plans, etc.);
  • the ability to create a brand to increase market awareness;
  • availability of a wider range of banking services, increase in loan amounts;
  • responsibility for performance results applies only to the company’s property.

Cons of LLC

  • more Long procces discoveries and large sum state fees;
  • costs of maintaining a legal address;
  • cumbersome reporting;
  • increased responsibility for obligations;
  • comprehensive financial and business accounting;
  • complex closing procedure.

Salaries and loans in everyday life

The most interesting thing about these two forms is not even what is listed above, but the difference in the attitude of banks when lending. Since the individual entrepreneur does not have an official salary, in ordinary life it is impossible for him to issue any consumer loans without any collateral, and the mortgage will be completely unavailable to him. In the case of an LLC, an entrepreneur can hold a position and receive an official salary.

LLC or individual entrepreneur? What to choose?

Finally make you right choice This helpful video will help you understand the differences and choose the right legal form.

Good luck in business!

What is better to open: LLC or individual entrepreneur? Having decided to throw off the shackles of office slavery and no longer work “for your uncle”, developing your own business, you must know that it must be legitimate from a legal point of view. That is, you need to register with the Federal Tax Service. And for this, first of all, you need to decide which of these two options is more suitable.

Definition

To understand what the difference is between an LLC and an individual entrepreneur, and which of these two forms of doing business is better, you should first look at the Civil Code of the Russian Federation and read their definitions.

IP is individual, which was registered in the manner regulated by law, as an individual entrepreneur leading

LLC is a business company or association established by one or more persons, with an authorized capital divided into shares.

This means that by registering as a sole proprietor, you are confirming that the entire business is entirely yours. If it is planned that the company or firm will be managed by several persons, it is more profitable to register an LLC - this form ensures the protection of the interests of each of the founders.

Documents required for registration

The difference between an LLC and an individual entrepreneur also lies in what documents are needed to register a business. In order to start working as an individual entrepreneur, you need:

  • registration application completed on Form 12001;
  • application for the simplified tax system (if necessary);
  • receipt of payment of state duty.

To register an LLC you will need more documents:

  • registration application drawn up on Form 11001;
  • protocol or decision on registration of an LLC;
  • charter in 2 copies;
  • a receipt confirming payment of the state duty;
  • application for the simplified tax system (if necessary).

In some cases, to register a new legal entity LLC, you will need to supplement the main package of documents with an agreement on establishment (if there are several founders), as well as papers relating to the legal address (a certified copy of the certificate of ownership or a letter of guarantee from the owner).

State duty amount

When trying to understand what is better to open - an LLC or an individual entrepreneur, you, among other things, should pay attention to the fact that for registration different forms business, the size of the state duty will also be different.

In accordance with paragraph 1 of part 1 of Article 333.33 Tax Code Russian Federation, the creation of an LLC is subject to a duty of 4 thousand rubles. The same document determines the required contribution for those who plan to work as an individual entrepreneur - in this case the cost will be much lower, only 800 rubles.

Responsibility

Of course, the difference between an individual entrepreneur and an LLC is closely tied to liability for obligations. Thus, individual entrepreneurs are liable with all the property that belongs to them, with the exception of that for which recovery cannot be applied by law (Article 24 Civil Code RF). But the participants of an LLC bear only the risk of losses associated with the activities of the organization, within the framework of their shares in the authorized capital. However, they are not liable for personal property.

Administrative responsibility

What is better to open: LLC or individual entrepreneur? In examining this issue, issues related to administrative liability should be carefully considered. If any offense was committed by an individual entrepreneur, then, in accordance with the laws of the Code of Administrative Offenses of the Russian Federation, they are held liable as officials. At the same time, the measures imposed on LLCs in such cases (for example, fines) are much higher than those applied to officials. That is, individual entrepreneurs involved in administrative responsibility, ultimately suffer much smaller losses.

Registration address

Individual entrepreneurs are registered at their place of residence, at the permanent residence address indicated in the passport. LLC - at the place where the sole executive body of the organization is located. In fact, in the second case, you will have to rent or buy a legal address, which will entail additional costs.

Features of taxation and withdrawal of funds from accounts

In terms of withdrawing money from a current account, running a business in the form of an individual entrepreneur is certainly a more convenient option. You can contact the bank at any time to receive funds in cash. In this case, your expenses will be limited by the amount of tax - 6 or 15% (if a simplified taxation scheme is used).

As for LLCs, withdrawing cash from accounts is quite problematic, and without appropriate justification it is completely impossible. One of possible ways- payment of dividends to a member of the organization, which are additionally taxed at 9% (personal income tax). In addition, as for individual entrepreneurs, you will definitely need to pay a tax amount of 6 (if applicable for an LLC) or 15% (for the simplified tax system).

Liquidation

Whatever one may say, this question is still worth dividing into two parts - official and unofficial. From a legal point of view, liquidation of an LLC requires about 3-4 months of time and up to 30-40 thousand rubles for various expenses. Liquidation of an individual entrepreneur requires much less financial expenses (on average about 5,000 rubles) and time (up to 2 weeks). There are no problems at all with the unofficial closure of an individual entrepreneur, but in the case of an LLC you will need additional expenses (depending on the organization’s appetites, the amount can reach 30-50 thousand rubles). It is worth mentioning right away that it will not be possible to subsequently transform an individual entrepreneur into an LLC: you will have to create a new legal entity.

Attracting investments

The difference between an individual entrepreneur and an LLC can also be seen in how easy it is to find investors for a business of one form or another. Practice shows that it is extremely difficult for an individual entrepreneur to do this, because he does not have one and, in fact, he acts on his own. The situation is complicated by the fact that the entire business belongs to a citizen, and therefore the investment of funds cannot guarantee anything to the investor.

In the case of an LLC, everything is much simpler. After all, at a minimum, a guarantee of the investor’s interests can be his inclusion in the list of participants in the organization through the redemption of a share in the authorized capital.

Reputation and image

Here the IP again loses somewhat. Even though with this form of business you are responsible for all your property, the LLC status in the eyes of partners and counterparties is valued much higher, and therefore many companies prefer to cooperate with such organizations.

Let's sum it up

In order to simplify your choice, we will combine the pros and cons of individual entrepreneurs and LLCs into one table.

Advantages

Flaws

To register you need minimum package documents (registration application certified by a notary, passport, receipt of payment of state duty).

Within 5 working days you will be registered with the local INFS.

Exist certain types activities that are not available to individual entrepreneurs (for example, banking or insurance).

Until 2014, individual entrepreneurs were exempt from accounting in general, but from January 1, 2014, according to new laws, they must also submit all reports to tax authority if necessary.

When a commercial debt arises, the individual entrepreneur is liable with all his property, including that which does not take part in the business (dacha, apartment, etc.).

The lack of authorized capital allows you not to declare start-up capital when starting a business.

Revenue tax must be paid no later than 30 days from the date of payment.

The advantages of individual entrepreneurs also lie in the features tax accounting activities: once a quarter you are required to submit a report of one form. In addition, entrepreneurs pay only one of the taxes: either personal income tax on activities, or the one dictated by the general taxation system for individual entrepreneurs.

If the turnover exceeds the mark of 3000 minimum wage/month, the entrepreneur is also required to pay VAT.

Opening requires minimum costs- 800 rubles state duty, which you pay to the notary.

At the beginning of a business, paying a single tax may even cause losses.

All profits of individual entrepreneurs are disposed of at their own discretion.

Unfavorable conditions for banking services - tariffs can reach 30% of total turnover.

It is almost impossible to get a loan from a bank.

You do not need to obtain a license for wholesale and retail trade.

The difference between an individual entrepreneur and an LLC can also be seen during the liquidation period - in the first case, you will be able to close the business within a couple of weeks.

The advantages of an LLC are, first of all, that the owner is liable for obligations to a limited extent (only in accordance with the paid share of the contribution).

An LLC requires several times more documents, time and money (the state fee is 4,000 rubles) to register and start operations.

It is possible to change the form of ownership, merge with another legal entity, or reorganize the LLC into several companies.

A prerequisite is the presence of authorized capital (which, however, may be symbolic).

If commercial activity is not maintained, the legal entity does not pay any taxes.

The registration algorithm is much more complicated than in the case of individual entrepreneurs, and liquidation can take many months.

The Company reserves the right to open representative offices and branches in other countries and cities.

The need to pay a much larger amount of taxes.

An LLC can be bought or sold by concluding an agreement in the presence of a notary.

The company is obliged to regularly report to statistical authorities and maintain tax and accounting reports.

What is better to open: LLC or individual entrepreneur? In fact, everything depends specifically on the situation and the scale of the future business. If you plan to work on a larger scale, collaborate with a huge amount companies and organizations, open branches and expand, attract new investors, then, of course, it is more profitable to open a full-fledged legal entity.

However, it is worth remembering that with all the costs of registration, if at some point you change your mind or something does not work out, you will remain in the red, and the closing process may last more than one month. The advantages of an individual entrepreneur allow you to do this much faster and without serious expenses.

Before starting their own business, future entrepreneurs often wonder what organizational and legal form of activity to choose, what is better: LLC or individual entrepreneur?

In order to clearly make a choice, it is necessary to analyze the advantages, disadvantages and differences of each of these two organizational and legal forms.

In our publication today, we will consider not only the pros and cons, how an individual entrepreneur differs from an LLC, but we will also touch on the question of which organizational and legal form is suitable for such areas of activity as construction, online store, beauty salon and trade.

LLC and individual entrepreneur: defining the concepts

Before moving on to the advantages and disadvantages of an individual entrepreneur and a limited liability company, it would be a good idea to familiarize yourself with the definition of these terms.

An individual entrepreneur (IP) is a person who engages in activities for the purpose of making a profit without forming a legal entity. At the same time, the individual entrepreneur still has some legal rights. faces.

It is important to understand that an entrepreneur is responsible with his property (including those not involved in entrepreneurial activity) even after the liquidation of the individual entrepreneur.

A limited liability company (LLC) is a legal entity that can be organized as a firm, company, or enterprise. An LLC is subject to liability within the authorized capital.

Now we propose to consider the differences between an LLC and an individual entrepreneur in the form of listing the pros and cons of both organizational and legal forms.

What are the advantages and disadvantages of IP?

The advantages of IP are:

  • a simple procedure for registering an individual entrepreneur with the tax office;
  • lower state duty for registering an individual entrepreneur than for an LLC (for an individual entrepreneur - 800 rubles);
  • lack of legal address;
  • lack of authorized capital;
  • the possibility of using the patent tax system - one of the most loyal tax regimes;
  • availability of benefits on insurance premiums (fixed contributions that are not tied to income level, like for legal entities);
  • reduced tariffs for hired workers;
  • no need to maintain full-scale accounting (it is enough to keep a Book of Income and Expenses - KUDiR);
  • less reporting to tax authorities;
  • lower fines for the same violations compared to legal entities.

In addition to the above advantages, IP also has a number of disadvantages.

The disadvantages of IP are as follows:

  • restrictions on certain types of activities ( retail alcohol or banking);
  • Difficulties when it is necessary to expand a business - problems with counterparties, investors, loans;
  • low level of investment attractiveness;
  • liability with own property;
  • there is no possibility to sell (re-register) the individual entrepreneur;
  • the entrepreneur runs his own business;
  • the need to pay contributions to the Pension Fund, even in case of losses.

What are the advantages and disadvantages of an LLC?

When figuring out what is better to open: an LLC or an individual entrepreneur, one cannot help but consider the pros and cons of an LLC.

The advantages of an LLC include:

  • high level of protection of property rights (liability for debts is determined solely by the share in the authorized capital of the LLC);
  • the ability to create a business management body in accordance with the characteristics of a particular company;
  • the ability to expand the company by attracting investors (as new founders);
  • monitoring the degree of influence on production processes by increasing (decreasing) shares;
  • in addition to money, intangible assets can also be invested in the authorized capital;
  • the size of the authorized capital has no restrictions;
  • the possibility of attracting foreign investors;
  • at any time there is the possibility of leaving the list of founders (within 4 months - receiving your share);
  • the right to appoint a director to manage the LLC who is not its founder;
  • distribution of profits in any way (possibly disproportionate to the size of shares);
  • the ability to include in the charter a ban on the sale or pledge of shares (for persons who are not participants);
  • opportunity to sell (re-register) the enterprise.

Like an individual entrepreneur, an LLC has some disadvantages

The main disadvantages of LLC:

  • the number of founders cannot be more than 50 people;
  • complex business registration procedure;
  • a large amount of state duty for registering an LLC (4,000 rubles);
  • when the composition of the founders changes, the need arises to make appropriate changes;
  • mandatory maintenance cash discipline, tax and accounting;
  • dividends can be paid no more than once every three months;
  • recording of all business decisions made;
  • difficult financial situation due to the withdrawal of a participant;
  • liability for obligations (not personal property);
  • on OSNO - the need to pay tax on property used in the activity;
  • difficult and long process closures compared to individual entrepreneurs.

Comparative table of LLC and individual entrepreneur

The difference between LLC and individual entrepreneur is clearly visible from the following table:

Comparison criterion

1. Opening (creation) procedure

Complex (notarized application, state fee, minutes of the meeting of participants, etc.)

Simple (application and state fee)

2. Constituent documents

Charter (a complex document that requires special knowledge when drafting)

Not required

Required

Not required

4. Solutions

If there are several founders - accepted by a meeting of all participants

Accepted by the entrepreneur himself

5. Authorized capital

Needed (at least 10,000 rubles)

6. Responsibility

Determined by the size of the share in the authorized capital

Bears responsibility for its property even after liquidation

7. Use of proceeds

Distributed general meeting participants

At your own discretion

8. Attracting investors

Loan agreements, simple partnership agreements and bills of exchange, sale of shares in the authorized capital and bonds

Loan agreements, simple partnership agreements and promissory notes

9. Joint conduct of activities

A maximum of 50 people can participate in one LLC

Association with other individual entrepreneurs on the basis of simple partnership agreements (joint activity agreements)

10. Restrictions on types of activities

There are practically no restrictions

Does not have the right to carry out certain types of licensed activities

11. Business expansion

Opening branches (subsidiaries) or merging with other companies

Increase in sales volumes

12. Selling a business

In any way using a notarial transaction (you can sell a share in the authorized capital)

By selling technology or trademark

13. Liquidation (closing) procedure

Takes from 4 to 6 months

Simple (required: application, state duty, certificate from the Pension Fund) within 5 days

And now we suggest you figure out what to choose: LLC or individual entrepreneur, depending on the intended types of activity.

Construction: LLC or individual entrepreneur?

When choosing an organizational and legal form for work in construction, you should pay attention to the specific area of ​​activity in this direction. For example, if you plan to engage in capital construction, then an LLC is better suited, due to the fact that you will need a lot of employees and equipment.

For small repairs with a small number of workers, an individual entrepreneur will be more suitable. And if you want to work with several investors, then it is better to choose a closed joint stock company - investors do not often trust each other.

Beauty salon: LLC or individual entrepreneur?

What is more profitable: LLC or individual entrepreneur for opening a beauty salon? A beauty salon is a fairly broad concept that can include both a small hairdressing salon and an enterprise that provides a wide range of services (massage, fitness or solarium).

Individual entrepreneur is suitable for a small hairdresser (with several hairdressers). This establishment offers haircuts and hair coloring. If other services are added to the list of services (for example, a beauty salon) and the sale of products, this changes things significantly.

Thus, if the list of salon services includes a solarium and physiotherapy, then this is not subject to UTII, since it relates to health procedures. The sale of related products requires a license and then it is advisable to form an LLC, even if the beauty salon has one owner.

Online store: LLC or individual entrepreneur?

As a rule, when opening an online store, you choose the individual entrepreneur form. The taxation system is simplified tax system, if the activity does not require an office and many employees. Registration takes place at the place of residence. It is imperative to open an individual entrepreneur’s current account with a bank to make payments to customers.

In a situation where several people open one online store, it is better to give preference to an LLC. Legal address can be purchased if an office is not required. In any case, before opening an online store, you need to carefully consider all the advantages and disadvantages of LLCs and individual entrepreneurs.

Retail trade: LLC or individual entrepreneur?

For retail trade in small volumes, an individual entrepreneur is best suited. You will have to keep accounting records in any case. You also need to control the movement of goods and maintain a cash register.

When trading tobacco, cosmetics, perfumes and other licensed goods, the use of a cash register is mandatory. Cash machine will be needed when selling any group of goods for cash.

In general, retail trade falls under UTII, provided that the area point of sale- less than 150 m². In this case, there is no need to pay VAT.

Let's sum it up

Thus, it is quite difficult to determine which is better - an LLC or an individual entrepreneur. The choice in favor of one of the organizational and legal forms must be made by the future entrepreneur himself, based on individual characteristics your business and prospects for its development.

In our article, we presented the advantages and disadvantages of LLCs and individual entrepreneurs, however, we can conclude that for a large form of business with subsequent business expansion, a Limited Liability Company is more suitable, and for a small-scale business, individual entrepreneurship.

In any case, before going to tax service for registration, think and slowly weigh the pros and cons for each of the legal forms. A successful start of a business is half of its success!

As you know, everything is learned through practice and comparison. In business, the main difficulty is that there is often simply no objective opportunity to practice and compare. Error-free decisions must be made immediately and work not only in the current conditions, but also for the future. This is especially true for entrepreneurs who are starting a new business and must immediately understand how an individual entrepreneur differs from an LLC, and what format of work is possible within the framework of these two organizational and legal forms.

About the peculiarities of the status of a business owner, about the slippery similarities and advantageous differences between individual entrepreneurs and LLCs, as well as about some important nuances the use of these two business constructs in practice can be learned from this review. Own life experience it, of course, will not replace, but will certainly serve as a good guide.

Who has the right to be an individual entrepreneur and who is allowed to open an LLC

In the Russian Federation there are no significant restrictions related to starting your own business, but there are certain rules that must be followed.

The following have the right to engage in entrepreneurial activity in the individual entrepreneur format on the territory of Russia:

  • foreigners who have a temporary residence permit in the Russian Federation (TRP) or a residence permit (RP).

The following have the right to become members of an LLC or independently establish business companies:

  • citizens of the Russian Federation who have reached the age of majority;
  • foreigners (it is not necessary for the foreigner to have a temporary residence permit or residence permit).

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Comparison of civil rights and obligations of individual entrepreneurs and LLCs

Opportunities to use one or another civil rights are discussed in the table comparing LLCs and individual entrepreneurs on some basic aspects of business:

Legal form

Ownership of enterprise property

Decision-making power

The right to enter into transactions

The right to protect the interests of the enterprise

Individual entrepreneur (IP)

Sole

Absolute

Absolute

Founder of LLC

Acquired within the framework of its share in the authorized capital (AC) and by decision constituent assembly

Only by decision of the founders, enshrined in the protocol

Only on the basis of a power of attorney issued by the director of the LLC

It is obvious that the founder of an LLC, when compared with an individual entrepreneur, has significantly fewer rights in resolving the main issues of the life of the enterprise. However, the lack large quantity rights are combined with minor responsibilities, which is also assessed as an advantage of an LLC over an individual entrepreneur.

Analysis of the legal status of the founder of an LLC in comparison with an individual entrepreneur

The main responsibility of an LLC, unlike an individual entrepreneur, lies with the administration of the company - its director or other executive body economic company.

At the same time, the legislation of the Russian Federation does not prohibit the election of one of the participants as a director of an LLC. If the company is created by only one founder, then he has the right to appoint himself as a director of the enterprise own decision.

In the case of an individual entrepreneur, the entire management burden lies with the individual entrepreneur himself. No directors or others executive bodies not required.

Property of individual entrepreneurs and LLCs: differences

When analyzing the difference between an LLC and an individual entrepreneur, it is important to understand the difference in the status of the property that is accumulated in the process of entrepreneurial activity of an individual entrepreneur and an LLC:

  • property acquired by the LLC is the property of a legal entity and can be transferred to the ownership of the founder only as dividends after payment of all taxes;
  • the property acquired by the individual entrepreneur is the property of the entrepreneur, and the businessman has no restrictions on its use.

This advantage often plays main role in making a decision in favor of the former.

Differences in accounting for individual entrepreneurs and LLCs

The main pros and cons of accounting for LLCs and individual entrepreneurs can also be considered in the table:

Legal form

Available tax systems

Compliance with cash discipline

Tax accounting

Accounting for income, expenses, fixed assets

Accounting for the expenditure of profit

USN, UTII, general mode, Unified Agricultural Sciences

Always mandatory

Mandatory submission tax reporting

Necessarily

Only after paying taxes and by decision of the founders

STS, UTII, general regime, patent, Unified Agricultural Tax

At the request of the individual entrepreneur

Mandatory filing of tax reports within the selected regime

Only if you choose a regime that requires mandatory accounting of expenses and income

No restrictions

The above analysis makes it possible to assess how significant the differences are in the accounting system of individual entrepreneurs and LLCs, and what potential for self-realization is contained in this particular form of doing business as individual entrepreneurs.

However, when comparing the advantages and disadvantages of LLCs and individual entrepreneurs in accounting matters, we must not forget that accounting is the disciplinary factor in any production.

Attention! The lack of competent accounting can cause an imbalance in the efforts of an individual entrepreneur, which, in turn, will reduce the attractiveness of the services of such an enterprise on the market.

How to plan further business development

Despite the impressive number of differences between an LLC and an individual entrepreneur, it is easy for any entrepreneur to guess the fundamental similarities, which depend little on the form of doing business, but at some point will certainly pose a number of challenges to both the founder of the LLC and the individual entrepreneur. important issues.

These similarities are as follows:

  • the enterprise can develop successfully and will need to expand it;
  • the enterprise may become unprofitable and will need to be liquidated.

Business expansion

The business idea worked, the project became successful. It makes a profit, it has become possible to hire employees, expand the production base and develop new directions. Is it possible to do all these business transactions within the framework of IP?

Yes, you can.

Attention! The difference between individual entrepreneurs and LLCs in this case does not play into the hands of the individual entrepreneur. The benefits associated with being able to opt out of accounting will no longer apply.

There is a need to complicate the accounting process. Distributing responsibilities is becoming increasingly difficult. And it’s almost impossible to get new directions within the chosen form of doing business. Banks are reluctant to cooperate with individual entrepreneurs.

LLC is a completely different matter. An organization can grow and develop completely painlessly in the chosen format.

The resources of a business company are absolutely sufficient to grow into a large regional and federal business. There will be no need to reformat.

Liquidation

The Federal and individual entrepreneurs No. 129-FZ. Full text The document can be viewed on the official website of the Federal Tax Service www.nalog.ru. According to the requirements of this regulatory legal act, in order to close an LLC, it is necessary to create a liquidation commission, which will have to:

  • resolve issues of accounts payable and receivable;
  • remove the LLC’s status as a payer of taxes and mandatory fees in social funds;
  • dispose of all the property of the business company.

The law establishes strict requirements for both the procedure itself and the documents accompanying it.