Do I need official freelance employment?

Question

Freelance

Hello.
I work as a freelancer, but I'm not officially employed. I have children and will there be any questions for me that I am officially unemployed with dependent children. Is there a need for official work under the Labor Code or is it enough, for example, to simply pay income taxes and this will be equivalent to official work?

Answer 1

@SV0L0Ch - there is a little advice, read the Labor Code :)
In the current situation in the country, there are several options for solving the "problem you invented"
1. open an individual entrepreneur and fool around with income / expenses and reporting
2. put a work book in the organization for 1/4 - 1 / 10 rates and change them to do something (you are the right person :)
3. do not force your brain and do not listen to the tales of others about "it is very problematic for accounting to conclude such an agreement with an individual", but work with customers under a standard GPC agreement , on Habré there were a couple of sensible ones.
of the pros:
- you will actually have an agreement in which the responsibility of the parties
is spelled out - the "blouse shop" of any company working in white will be grateful to you,
- Throwing it with a burden for the customer
- the customer pays all taxes for you (by the way, if there is an IP, the customer can pay 6% instead of 13% for you, here you need to clarify whether reporting is needed from you, in theory it is needed anyway)
from cons:
- time for approval by the lawyers of the organization (if any)
- the customer must be convinced that he needs the contract and it must be signed

Answer 2

A freelancer is not an employee, so one cannot talk about employment in this context.
But registration as an IP is required.

Answer 3

If you do not work under a contract, then you can not register, for the first time, if you are suddenly interested, the fine is a penny, and there is enough smut with an individual entrepreneur. If you work under an official contract, then without options you need an IP, because. it is very problematic for the accounting department to conclude such an agreement with an individual, you can get around it, but not every customer will bother. If the problem is only in the official status, put your labor in any organization for a quarter of the rate or whatever the minimum is, pay the tax for yourself and that's it. There is no article for parasitism for a long time, no one cares who lives on what.

Answer 4

Open an individual entrepreneur, I have been working like this for several years - no problems, quite official activities and taxes are small (6%), although with regard to bank loans for individuals, you will still be like an unemployed person. Details in micropreneur.ru/nuzhno-li-otkry-vat-ip-ili-ooo

Answer 5

There are several options for working without establishing an employment relationship (that is, without concluding an employment contract).
1. Register as an individual entrepreneur and provide services under a civil law contract for the provision of services, an agency agreement, etc.
Pros: the contract fixes the essential terms of services - the scope of work, terms, cost, you can include fines (forfeits, penalties), which has a disciplining effect on both the customer and the contractor. White scheme, you can sleep peacefully. A tax return plus a bank statement is a good proof for the migration authorities in case of emigration (or even just for obtaining a visa) to a civilized country. With an annual income of more than about 600 tr. taxes and insurance contributions are 6% (if services are subject to a simplified taxation system).
Cons: you need to keep a record of income, calculate taxes and insurance premiums and pay them on time, submit a tax return once a year and sign an income ledger.
2. Provide services under a civil law contract without registering an individual entrepreneur. The contract, in principle, may contain the same conditions as the contract with the individual entrepreneur. But in this case, the customer must calculate and pay tax for you (personal income tax 13%) and insurance premiums (about 20-30%, depending on the circumstances for a particular legal entity, if my sclerosis changes me). At your request, the customer must provide you with a certificate in the form of 2NDFL.
Pros: There is a contract with specific conditions. You get "clean" on hand or on a card account. White scheme, you can sleep peacefully. Form 2NDFL is also a good proof for visa and emigration purposes.
Cons: this is a significant burden on the customer's accounting plus much larger deductions to the state. Not all customers agree to this.
3. Provide services without a contract.
Pros: easier for the lazy, tax savings.
Cons: gray area. Risks for the customer and for the contractor.
Risks for the contractor:
Administrative liability for doing business without state registration (Article 14.1 of the Code of Administrative Offenses of the Russian Federation) - a fine in the amount of 500 to 2,000 rubles (according to the draft law of Sergei Batin and Oleg Kazakovtsev - a fine in the amount of 30,000 to 50,000 rubles, confiscation manufactured products, tools of production and raw materials). At the same time, the criterion of an offense is not income or profit as such, but the conduct of systematic activities aimed at generating income or profit.
Criminal liability for illegal entrepreneurship (Article 171 of the Criminal Code of the Russian Federation) - if this act caused large damage to citizens, organizations or the state or is associated with the extraction of income on a large scale - is punishable by a fine of up to 300 thousand rubles. or in the amount of the wage or other income of the convicted person for a period of up to two years, or by compulsory work for a period of 180 to 240 hours, or by arrest for a period of up to 6 months; the same act: a) committed by an organized group; b) associated with the extraction of income on an especially large scale, is punishable by a fine in the amount of 100 tr. up to 500 tr. or in the amount of wages or other income of the convicted person for a period of 1 to 3 years or imprisonment for up to 5 years with a fine of up to 80 tr.
It can be added to the above that banks are now required to report to state bodies on the movement of funds on the accounts of individuals.