Is a freelancer required to have an individual entrepreneur / LLC or is it enough to be an individual and pay personal income tax of 13%?

Question

Freelance

Hello.
I am more inclined that you need to be an individual entrepreneur so that everything is in accordance with the law and not accused of illegal business activities.
Others stubbornly insist that it is enough to remain a physicist and pay 13% personal income tax on orders.
Who is right under the law?
Upd. We are talking about a regular income of at least 30 thousand rubles per month

Answer 1

According to the law, the one who has more money is right in our country.
In principle, if the "earnings" are regular and the amount is decent, then they are obliged.
The first time you get off with a fine of 10 thousand + - for an entrepreneurial business, it depends on the city, luck, and who the hell needs you with a monthly turnover of up to 100 tr. ?
Once you get there, you can steam up there.

Answer 2

It is enough to be a natural person and work under a contract. But then the customer is obliged from the amount of payment under the contract to pay all pension and tax deductions (approximately 40% of the amount in the contract), except for 13% paid by a freelancer or employer in the form of a tax agent. Most customers do not need this and they opt for a freelancer sole proprietor / LLC. But legally you can!
www.oswad.com/info/dogovor
Yes, you can. In accordance with Art. 421 of the Civil Code of the Russian Federation, citizens and legal entities are free to conclude contracts.
Firstly, freelancer services can be regulated by a contract with a freelancer (Article 702 of the Civil Code of the Russian Federation).
Secondly, the work of a freelancer can be formalized by a contract for the provision of services for a fee (Article 779 of the Civil Code of the Russian Federation).
Thirdly, the work of a freelancer can be formalized by a contract for the performance of research, development and technological work (Article 769 of the Civil Code of the Russian Federation).
Fourthly, the customer and the freelancer can conclude an author's order agreement (Article 1288 of the Civil Code of the Russian Federation).
Fifthly, the customer can conclude an employment contract with a freelancer (Article 56 of the Labor Code of the Russian Federation).
I will clarify. That for the most part of the contracts, the customer will be obliged to pay taxes and contributions to pensions for you. It's like you are hired as an employee, but to perform a specific task.

Answer 3

Read article 171, if my memory serves me, about illegal business. I don’t see any reason for a freelancer to settle in Russia, it’s easier to leave and stop being a resident, thereby freeing himself from the tax burden.

Answer 4

Better register. Paying 6% tax and not worrying about "Am I violating something?" much nicer than possible alternatives (plus 13% physics taxes).