At what age is it possible to register an individual entrepreneur?

At what age can you open an individual entrepreneur?

According to Art. 27 of the Civil Code of the Russian Federation, a minor whose age has reached 16 years can be recognized as absolutely capable if he carries out work activities, or if his parents/guardians agree to open an individual entrepreneur for him. To do this, it is necessary to carry out the emancipation procedure (declaring the minor fully capable), and this can only be done by the guardianship authorities or the court.

• In the first case, the consent of both parents/guardians will be required. If any of them is against such a decision, then they must go to court to obtain emancipation.
• If the court decides to deny a citizen the right to emancipation, he can re-apply to the judicial authorities with the same requirements.

For reference: At what age can children work in Russia?

In the regions

In some regions of Russia there are laws allowing marriage at the age of 14. Legally, in such a region, upon marriage, you can obtain emancipation and become an entrepreneur at the age of 14. Today, this legislation is in effect in 18 regions of the country: among them are Tatarstan, Moscow, Tyumen, Chelyabinsk, Samara and other regions.

Experts advise minor citizens who want to engage in entrepreneurial activity to take this kind of event seriously. To do this, you need to pay attention to the following points:

• study the regulatory framework on entrepreneurship issues in Russia;
• find an accountant to prepare and submit reports to the tax authorities or learn how to do it yourself;
• does it make sense to start a business at this age or wait until adulthood;
• in case of refusal of parents or government authorities to obtain permission for entrepreneurial activity, consider filing a claim with the judicial authorities for recognition of legal capacity.

Before studying the question of how to open an individual entrepreneur at 16 years of age or at an earlier age, you need to understand that this activity has certain characteristics. In addition, the citizen who registered the individual entrepreneur will be responsible, and therefore will always need to be held accountable for all operations performed.

Today it is difficult to surprise anyone with the fact that many people earn their first money in life at an early age. It’s not that rare that a child, in the process of earning money, shows an ability for entrepreneurial activity.

It also happens that the organizational and legal form of an individual entrepreneur turns out to be optimal for his chosen method of earning money.

And then the question arises - how old should a child be before the tax office accepts his documents for registration, and does not send him for a walk until he grows up.

The current legislation of the Russian Federation does not contain direct age restrictions for starting a business. But there is a key condition - a potential individual entrepreneur must be fully capable, and this is directly related to age. Full legal capacity, according to the Constitution of the Russian Federation, occurs when a citizen reaches 18 years of age, that is, the age of majority.

It would seem that the question is settled.

But, fortunately for future young entrepreneurs, the law provides for some exceptions in relation to their own business. It is possible to open an individual entrepreneur without waiting until the age of majority if the teenager has a passport and his parents or guardians do not object to him conducting business activities. Options are also possible when he confirms the existence of legal grounds for which this consent is not necessary.

A copy of the Russian internal passport is included in the set of mandatory documents for submission to the inspection of the Federal Tax Service of the Russian Federation (IFNS) for registration of individual entrepreneurs.

A notarized translation of a passport document or identification of a stateless person will also be required from a foreigner or stateless person who has a temporary residence permit or residence permit in Russia.

Other documents, in particular a birth certificate, are not suitable, nor is a foreign passport, which can be obtained even immediately after birth.

A Russian internal passport is required to register an individual entrepreneur, but a foreign passport is not suitable

And internal passports in Russia and many other countries are issued from the age of 14.

This age for a young Russian is also marked by the onset of limited legal capacity. And it means, in particular:

1. Bearing full responsibility (even criminal) for all your actions.
2. The right to independently manage the money you earn.
3. The ability to open bank accounts and debit cards in your name and use them.
4. Invest the money at your disposal at your own discretion.

From all this it follows that teenagers, upon reaching 14 years of age, have the full responsibility and authority necessary to conduct business.

Upon reaching 14 years of age and receiving an internal passport, a teenager can become an individual entrepreneur. But there is one limitation - for this he must have the consent of the parents or other persons who replace them, documented in the form of a document.

This means that when submitting an application for registration of an individual entrepreneur to the tax office, he must attach additional papers to it, which are not required from an adult applicant.

For adults who want to become entrepreneurs, the tax office will require the following set of documents:

1. Completed application for state registration of individual entrepreneurs on a standard form.
2. A copy of the internal passport (pages with personal data and registration of place of residence).
3. Receipt of payment of the state fee for registering an individual entrepreneur (in 2020 this is 800 rubles).

In addition to all this, the teenager must provide one of the following documents:

• notarial consent to conduct business activities from the mother and father, guardians or guardianship authority;
• a document that confirms that the consent of one of the parents is not required (death certificate, court decision declaring missing, incompetent or deprived of parental rights);
• marriage certificate if the teenager has already started a family (in some regions where early marriages are approved by local traditions, this is allowed from the age of 14, but in most - only from 16);
• a court decision on the acquisition of full legal capacity by a minor as a result of emancipation.

Particularly difficult is the case when parents live separately and one of them is alive and well, capable, and not deprived of parental rights, but there is no contact with him and it is not known where to look for him.

Alternatively, you can contact the police with a statement to establish his whereabouts.

If the search does not produce results, the police will provide a report within the time limits prescribed by law, which can be used as a document at the tax office.

Teenagers can submit documents for registration of individual entrepreneurs online on an equal basis with adults.

Along with adult future businessmen, teenagers, having collected the entire set of necessary documents, can send them to the tax office in three ways:

1. Take it personally. You will need to first make copies of all papers except the application, and have the originals with you and present them for verification.
2. Send by registered mail with acknowledgment of delivery and a list of attachments. All documents and the signature on the application must be certified by a notary.
3. Transfer via the Internet using the service on the website of the Federal Tax Service (FTS) of Russia. The application is filled out online, copies of documents are uploaded in the form of digital photographs or scans.

The finished Unified State Register of Entrepreneurs (USRIP) entry sheet, confirming the state registration of an individual entrepreneur, is issued on the third working day. If desired, you can choose the option of sending them to the applicant’s address by mail. In this case, you will not have to go to the Federal Tax Service, but delivery will take some time - usually from several days to two weeks.

In addition, from April 29, 2020, if you contact the tax authority directly, you can receive a response on state registration by email, rather than on paper.

The age of sixteen has long ceased to have such a fateful significance for a teenager as it did in the past. In the Soviet Union, this age was considered a significant milestone for a number of reasons, in particular:

1. At this age, citizens of the USSR were issued passports (now at 14 years old).
2. It was allowed to get a job on a shorter working day.
3. In exceptional cases, marriage was allowed.
4. The right to buy tobacco products in stores appeared (now from the age of 18).

Citizens of the USSR, unlike today's Russians, were issued passports at age 16, not 14.

Now all this, except for the opportunity to start a family (and in some regions, marriage, as already noted, is allowed from the age of 14), which allows you to register an individual entrepreneur without the consent of parents or guardians, has lost its relevance.

If the current legislation of the Russian Federation allows you to become an entrepreneur at the age of 14, it means that at 16 it is even more possible.

When a teenager reaches the age of 14, he, as already noted, automatically receives the right to manage his income, be it a salary, scholarship, pension or other social benefits, etc. And profit from his entrepreneurial activity is no exception.

It is permissible to limit this opportunity for him, as in relation to adults, only by court decision. And he, in turn, is entitled to issue it only when there are grounds for this provided by law.

Courts make such decisions if evidence is presented that a teenager between 14 and 18 years old is abusing alcohol and/or drugs. This may be testimony of witnesses, certificates from a sobering center, drug treatment clinic or other medical institutions, acts drawn up by police officers or representatives of public organizations, acts of suspension from work due to intoxication, etc.

Only a court has the right to restrict a teenager’s right to freely dispose of his or her income.

The procedure for consideration of such cases by courts is prescribed in Art. 284 of the Civil Procedure Code of the Russian Federation.

It stipulates that the following must be present at the hearing:

• the minor himself, in respect of whom an application for restriction of the right to dispose of money has been filed;
• prosecutor;
• the applicant (this can be either the teenager’s parents or guardians or third parties);
• representatives of guardianship and trusteeship authorities.

And if the law allows holding a court hearing without a prosecutor, then it is impossible to do without a minor whose application is being considered by the court.

Entrepreneurship under 18 years of age

At first glance, entrepreneurial activity may not be available until a person turns 18 years old. However, it is not.

There are two options when a citizen receives this right:

1. Emancipation, that is, the acquisition of a full list of rights and obligations before reaching 18 years of age. This procedure allows a person to become fully competent even before reaching the age of 18. He begins to independently take responsibility for his actions and take responsibility.
2. Obtaining permission from parents (or persons replacing them).

Emancipation is possible when a person reaches the age of 16 years. Parental consent is required from the age of 14.

Emancipation

This term means the acquisition of a full list of rights and obligations by a person who is not yet 18. In Russia, this opportunity is available from the age of 16. Thus, Article 21 of the Civil Code of the Russian Federation establishes that a person becomes fully capable if he gets married.

A person aged 16-17 years can marry only if there is a good reason:

• pregnancy confirmed by documentation, that is, with the help of an appropriate certificate from a doctor;
• one of the spouses is in critical condition, for example, there is a real threat to his life due to a serious illness and there are fears that he will not live to adulthood;
• for other reasons established by regional legislation. Local authorities can themselves determine the list of situations where marriage under 18 years of age is permitted. However, they cannot lower the age of marriage below 14 years.

After the marriage is formalized, the minor becomes fully capable and begins to be fully and independently responsible for his actions. Accordingly, he gets the opportunity to do business.

Obtaining permission from parents

Getting married is not the only way to start a business before adulthood. You can contact your parents and get permission from them.

In accordance with Article 26 of the Civil Code of the Russian Federation, a person can make transactions with parental consent from the age of 14 years. Parents who are responsible for such a person give their consent to his actions.

Both parents give permission. It is drawn up by a notary. The text must allow not only the fact of registration, but also the completion of any transactions within the framework of business activity. If previously a person could only carry out small everyday transactions, then with consent he has the opportunity to carry out any.

Having received such permission and issued the status of an individual entrepreneur, as well as having a regular income, a citizen has the right to go through emancipation. This can be done with the consent of the parents, through the Guardianship and Trusteeship Authority. If one of the parents does not give their consent, then the procedure is implemented through the court.

Read: Can an individual entrepreneur use his personal account for payments?

Legislation

Before trying to answer the question of how old you can open an individual entrepreneur, you should study the regulatory documents governing this issue.

If we turn to the Law of the Russian Federation “On State Registration of Legal Entities and Individual Entrepreneurs” No. 129 - Federal Law, adopted by the State Duma on July 13, 2001, then it will not be possible to get a direct answer to the question asked.

As for the Civil Code of the Russian Federation, paragraph 1 of Article 23 of the first part of this document states that a citizen can legally engage in entrepreneurial activity without forming a legal entity from the moment he is registered as an individual entrepreneur with the tax office.

If we look at the question posed from the point of view of the list of required documents for state registration of individual entrepreneurs, then we should highlight:

• application in the prescribed form;
• a notarized copy of the passport of a citizen who has decided to become an individual entrepreneur;
• a receipt confirming the fact of payment of the state fee for registration with the tax authority.

Documents for opening an individual entrepreneur

If you decide to open an individual entrepreneur after reaching your 18th birthday, then you do not need to confirm your legal capacity.

All you need to do is provide the tax service with a package of documents:

1. Original passport of a citizen of the Russian Federation and photocopies of the document;
2. Application completed in form P21001;
3. TIN certificate – original and copy;
4. A receipt confirming that you have paid the state fee;
5. Application for transition to a simplified taxation system in form 26.2-1 (if you are switching to the simplified tax system).

After just 3-5 working days, you can go to the tax service to receive papers for individual entrepreneurs. If for any reason you were unable to receive the documents in person, they will be sent to your permanent address by the postal service.

To register an individual entrepreneur with the Federal Tax Service of the Russian Federation, a person under 18 years of age, in addition to the standard package, will need to submit one of the following additional documents:

• Written consent of the citizen’s parents/guardians to conduct business activities.
• A court ruling declaring a citizen emancipated (a copy and an original are required).
• If emancipation was made due to marriage, a document confirming the relevant marital status (certificate from the registry office) is required.
• If legal capacity is confirmed by the guardianship authorities, you must submit the original and a copy of the decision.

Hello! In this article we will tell you at what age you can open an individual entrepreneur.

Registration of individual entrepreneurs before the age of majority

Legislative acts divide minor citizens into 3 groups, depending on age:

• Those who have reached 14 years of age.
• Persons from 14 to 16 years old.
• Citizens from 16 to 18 years old. 

Young people in these groups have the following rights, namely, they can all:

• Manage your own funds at your own discretion.
• Be the copyright holders of inventions and works of art.
• Carry out operations that do not involve obtaining benefits (otherwise, parental/guardian permission is required).
• Upon reaching the age of 16, a citizen has the right to become a member of a cooperative.
• Conclude agreements and open deposit accounts in banks.

However, it is worth mentioning here the dubiousness of the above-mentioned rights. The fact is that parents or legal representatives of a minor can, through the guardianship authorities or the court, limit the rights of a minor citizen to manage financial resources.

If parents/guardians have nothing against it, a person can start their own business at the age of 14. But it will be difficult to register an individual entrepreneur in your own name. And it’s not worth it to formalize a fictitious marriage for the sake of this.

At the moment of reaching the 18th birthday, a citizen becomes fully capable, unless there are documents confirming the contrary. He receives the right to enter into transactions, sign any contracts, including the purchase and sale of real estate and vehicles, and can deal with regulatory authorities (Part 1 of Article 21 of the Civil Code).

An adult citizen may not pay any attention to the legislative norms, which stipulate at what age you can open an individual entrepreneur. But it is worth taking into account other restrictions specified in the laws.

According to them, a person who:

• is a deputy of the State Duma, the Federal Assembly, as well as those deputies who perform duties on a permanent basis;
• is in municipal or military service;
• has citizenship of another country;
• deprived of the status of legal capacity (for example, is registered at a drug treatment clinic).

If you do not fall under any restrictions, you can officially become an entrepreneur. This solution has several important advantages.

Before starting your own business, an individual entrepreneur needs to think about timely bookkeeping and reporting to the Federal Tax Service. To do this, you will have to study the “material parts” yourself or contact a reliable outsourcing company, for example Glavbukh Assistant.

A citizen is automatically recognized as legally competent upon reaching the age of 18. But you can get this status several years earlier. The method by which a person can be recognized as legally competent until adulthood is called emancipation. Emancipation is the recognition of a person as legally competent by a court decision or according to documents provided by the guardianship authorities. The answer to the question whether it is possible to open an individual entrepreneur at 16 is clear: yes, it is possible. Next, we will dwell in detail on the emancipation procedure.

Citizens of the Russian Federation who receive a passport at the age of 14 and have the right to open an individual entrepreneur are minors and have only partial legal capacity.

However, according to paragraph 2 of Article 26 of the Civil Code of the Russian Federation, minors aged 14 to 18 years have the right to the following transactions without the consent of guardians or parents:

• manage wages, stipends and other income;
• open deposits in credit institutions and manage funds on them;
• carry out small household transactions;
• Already at the age of 16, persons under the age of majority have the right to become members of cooperatives.

In order to register as an individual entrepreneur at the age of 14, in addition to the standard package of documents, a teenager will be required to submit to the tax service the following certificates proving his legal capacity:

• a court decision or a guardianship decision on full legal capacity in relation to work under a contract, as well as a copy of this document;
• marriage registration certificate with its copy;
• permission received from guardians or parents.

If parents or guardians refuse to recognize the child as fully capable, he can prove this by filing a corresponding application with the court.

Legal capacity and capacity

Before you figure out at what age you can open an individual entrepreneur, you need to get acquainted with the provisions of the Civil Code. He tells us that the right to entrepreneurial activity is one of the components of a citizen’s legal capacity (Article 17 of the Civil Code of the Russian Federation). And a person is endowed with legal capacity from birth - this is stated in Article 18 of the Civil Code of the Russian Federation. However, a small child cannot engage in business because he is not able to act consciously. In other words, he is not legally competent.

Legal capacity refers to a person’s ability to acquire and exercise their rights, as well as create and perform duties. In general, full legal capacity comes with the age of majority, that is, at 18 years of age. This is the point when a person is officially recognized as an adult and bears full responsibility for his actions.

Let's return to the question of at what age a person can register an individual entrepreneur. The Law on Registration of Legal Entities and Entrepreneurs No. 129-FZ states that the package of documents for registration must contain the consent of the parents of a minor citizen who wants to become an entrepreneur. It turns out that such a possibility still exists.

The fact is that there is a concept of limited legal capacity. In accordance with Article 29 of the Civil Code of the Russian Federation, a teenager aged 14-18 years has limited legal capacity. He has the right to make some simple transactions, but this requires the written consent of his parents, and for each transaction. It turns out that the correct answer to the question “At what age can a person become an individual entrepreneur” is from 14 years old.

Children under 14 years of age are not recognized as legally competent. Can a parent register an individual entrepreneur for such a child? Of course not. The option of registering a business for a child and running it yourself will also not work in this case. After all, an individual entrepreneur is not a form of enterprise, it is the status of an individual. Moreover, he assumes that the entrepreneur makes all decisions directly himself, at his own peril and risk. And also bears responsibility for them with his own property.

Free consultation on individual entrepreneur registration

Exceptions

It was already discussed above that it is possible to open an individual entrepreneur on a general basis on the territory of the Russian state, as a rule, starting from the age of 18.

However, there are exceptions. As you know, marriage is legally permitted from the age of 18. However, in some cases, marriage is allowed from the age of 16. And after the registration procedure at the registry office, an individual becomes absolutely capable from a legal point of view and receives the right to open an individual entrepreneur on a general basis.

Emancipation and IP

According to current legislation, a teenager at the age of 14 receives a passport. The term “incomplete legal capacity” is applied specifically to persons from 14 to 17 years of age. They have incomplete rights. And for citizens under 14 years of age, responsibility lies entirely with the persons responsible for them (parents, guardians, adoptive parents).

The issue of emancipation is considered by law in Art. 27 Civil Code. It states that at the age of 16-17 years a citizen is no longer a minor. At this age you may be recognized as legally competent. Let's consider in what cases.

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Types of emancipation.

You can receive the status of full legal capacity based on a decision of the guardianship authority. If there is no written consent of parents or guardians, then the issue is resolved in court.

The legislation distinguishes three types of emancipation:

1. A person who has not reached the age of majority officially works under an employment agreement;
2. The teenager is engaged in entrepreneurial activity;
3. The marriage is concluded.

Thus, you can officially register your business in Russia, that is, open an individual entrepreneur, even at the age of 16, provided that, speaking in legal language, emancipation occurs.

However, this simply sounds theoretical. In fact, guardianship authorities are quite reluctant to respond to requests (even at the request of the parents of a future individual entrepreneur) and rarely issue appropriate orders.

As you already understand, it is impossible to open an individual entrepreneur at the age of 14 in our country. But many people want it.

Documents confirming legal capacity.

Thus, in order to register an individual entrepreneur, a 16-17 year old teenager, in addition to the above documents, must provide papers that will confirm his legal capacity:

• Decision of the guardianship authority or court in connection with employment under a contract or agreement;
• Marriage certificate;
• Permission from parents or guardians for a teenager to conduct business activities.

In addition to the originals, you will need copies of documents.

Consequences of registering an individual entrepreneur as a minor

So, the law clearly defines at what age an individual entrepreneur can be registered - from the age of eighteen, when full legal capacity occurs. But at the same time Art. 27 of the Civil Code of the Russian Federation allows a minor to officially register his entrepreneurial activity from the age of 16, if there is the consent of his parents or persons who replace them.

The same article indicates that in this case the minor citizen is recognized as fully capable. In legal terms, so-called emancipation begins. However, this requires permission from the guardianship and trusteeship authority or the court. Without this permission, legal capacity is recognized as limited and all contracts and transactions related to commercial activities can be made by such a citizen only with the consent of the parents. They bear full responsibility for him until he becomes fully capable.