IP and IT: the eternal debate about the main thing

    All authors have a goal of publications on Habré: mine is to convey to the community those problems that are not visible at first glance, but are of great importance for the economy, social relations and, of course, technology development.

    One of those topics that I tried to raise more than once is the problems of IP in IT.

    Judging by the data received (and not only on Habré), there are two - opposite - positions: some say: “with this scheme, the only thing I know about the tax is that I need to send the declaration there by mail, and send out once a quarter 6 % Perhaps there are some insurmountable difficulties on other schemes, I don’t know here. Moreover, I gladly deduct these 6%, they allow me to have a white income without hiding from anyone. ”

    The second one says that the tax itself is not a problem, but the bureaucracy (especially in the field), the absence of guarantees for all contributions (say, from the recent one - freezing pensions in the absence of freezing payments to the FIU and other funds), and most importantly - corruption even "on the ground" is a disaster, which for it and the sectors related to it, say, e-commerce is much deeper than it seems at first glance.



    Say, just recently, 10 years ago, those who were selling the CD were called "pirates", the problem is that: "in the end, the petty official won. He opened next to the same kiosk with a pirate, only without paying a rent, without a cash desk (nobody checked it), m ... m, maybe he also paid, or maybe not. And we were fined for licensed products. It's a shame. " Now I see a similar picture when the notorious AKIT enters the sceneand throws small business upright dirt, but gray phones, refrigerators and other household items of this color and others like them do not disappear.

    It would seem that such positions cannot get along. But they get along: in one country, at one time, with the same IP status in general.

    Before you say a few thoughts, answers are “easy” statistics.

    “The number of small enterprises in Russia decreased by 69.8 thousand: according to Rosstat, in the first half of 2015 there were 242.6 thousand, and in the first half of 2016 it was 172.8 thousand. In fact, assess the dynamics of small enterprises on the basis of statistics is now almost impossible ... ”( Izvestia ).

    According to the site from 2012 to 2017, the number of IPs changed as follows:



    In 2013, many people think so, "dummies" are gone, because there was a sharp increase in payments to the FIU. Yes, there were arguments that “these are contributions to the future”, but after the expected pension reform and freezing of savings, the hopes of many have faded; yes, there were arguments that "counted - the question of a pensioner is 40k / month and this payment is completely deductible", etc. But the bottom line is that people who had an IP and a cat. it was closed in 2013 and not "dummies", for them simply the "extra" 17 or more thousand, for which increased contributions mandatory seemed an unnecessary burden.

    I will give a few examples that I personally met:

    1. The girl is a freelancer: she earns money by writing texts (mostly translations). Earnings are small - about 10,000 rubles. The IP was like “business is a pleasure, but the extra troubles killed the desire to do this even according to the simplest scheme”;
    2. Two guys who used the IP only in the May-September season: they attracted tourists through the site and did excursions in the eastern part of Lake Baikal. They closed the IP (each of them had it), because "there was more demand, and work from the" private "income brought more."
    3. More examples can be found in the discussion of the article .

    I do not blame or support anyone: just the facts.

    The question is different: IP today is a very unprofitable form of business for the existing system of (legal) relations .

    I will give a few points:

    1. For individual entrepreneurs, personal and working capital are one and the same. To cash something is much easier than in an LLC. And most importantly - cheaper. The Central Bank does not like this (see cases on WebMoney, Qiwi, Robokassa).
    2. IP open and close - as easy as shelling pears . Anyone can do it, and even online . Bankruptcy proceedings and many other things - this is not for the individual entrepreneur. If you don’t understand what I’m driving to, I highly recommend watching an interesting interview with O. Tinkov and S. Galitsky. This issue will become especially acute for IP after 2018 in connection with the discussed Federal Law 54 ( “On online cash desks” ).
    3. IP - always gives less to the budget . Even, say, the fines for LLCs and IEs are different: large towards the LLCs.

    Again, I’m not ready to evaluate these theses: they are just facts from practice. But here is the picture of closed IP in the Russian Federation from 2012 to 2017.



    Why did you remember this question now?

    In connection with three trends:

    1. The desire of the public authorities to “legitimize” the sector of the so-called group of “self-employed citizens” (for IT, this is freelance in the first place);
    2. Online booking offices, which, according to the correct remark of alex0nik : “Large networks have received significant savings. Private entrepreneurs, alas, no. If at least 6 thousand FN + 3 thousand OFD + 1.5 EDS = 10.5, in fact what was before for ECLZ + TTO. But the box office is more expensive. And the grids get significant discounts due to the volumes at the cash registers, on drives and on service in the OFD. ”
    3. Finally, in connection with the notorious fight against terrorism (in the light of recent events, it will obviously be toughened up): as mentioned above - IP for Federal Law 115 and its “descendants” is the cornerstone.

    So, to make it clearer: IP on the USN 6% is an excellent, albeit not ideal for everyone, solution for freelance . But state bodies persistently insist on the emergence of precisely “self-employed citizens” with even greater (?) Simplification of conducting mini-business.

    In 2015-2016 business shredded: the criteria for micro- and small-scale entrepreneurship have changed: few people associate this with individual entrepreneurs, and even more so, but if you think about it, an interesting trend follows from this, which contradicts the trends of Skolkovo, Innopolis and others like them. Is not it so?

    Many (here I can’t say for sure how much, because it’s very difficult to calculate yet, but there is no open data) freelancers are more and more deeply mastering Bitcoin mines and other cryptocurrencies, and now the Ministry of Finance says that the status of “money surrogates” is digital money ( in opposition to electronic ) will be recognized as a financial instrument immediately after (or before) a significant event in 2018.

    It turns out a very strange, in my opinion, contradictory picture, where pike is the desire of a number of communities to go into the non-state sphere of finance; cancer - the desire of several government agencies to control any small business "from and to"; and the swan is technology that cannot stand still. And so far it is possible to combine the three components only with the most affluent of the IP / LLC part - freelancers with an income of 100+, in rubles, of course, and thousands, of course. The rest, especially with the employees, is reminiscent of a movie of absurd reality: one can judge at least by the blocking of the “Button” or, say, by the same mistakes in attempts to regulate electronic and crypto money; commodity aggregators or even such a technological thing as a friend of Aristotle, the truth, as you know, which is more expensive.

    So, this time there will be no summary of the article. There will be a question: “maybe it’s not worth creating a lot of complex temporary forms, but is it time for a global reboot and moving to the field of simple forms?”

    Very soon I ’ll tell a story about the creation of an it-company in the region and the difficulties of the first steps, I think this will be a great addition to this material, but for now I would like to know from the Habr community what it knows and thinks about the problems described . Or, perhaps, for him they are, but only in quotation marks?

    In order to finally dot the i or ё, to whom you like more, you can look at the figures of the Central Bank of the Russian Federation on loans :

    • In 2012, out of 6,055,744 million rubles. IP accounted for 556 055;
    • In 2017, out of 5,302,114 million rubles. at IP already - 342 711;
    • That is, in 2012 - 9.18%, and in 2017 - 6.46%.

    The opinion is as follows: “The reasons for the decrease in lending to small businesses were, along with prohibitively high interest rates on loans, also a decrease in the profitability of small businesses due to lower real incomes of the population, as well as a drop in investments.

    At the same time, the delay in individual loans in 2015 amounted to about 12.3%, and in 2016 - already 13.81% .



    They give less, give less too. Dissonance. The main problem of IP in this aspect has also been said: responsibility . In contrast to LLC - all property, except that on the list. Given the general debt load of the population - not the most rosy trend.

    The essence of this aspect boils down to the fact that IP freelancers, as a rule, do not take loans, but IP, say, in e-commerce or similar areas is very even. But IP freelancers cannot live without salespeople and those who “spin the market”: no customers — no capital flows. You can, of course, justify that there is always offline, but still to create a site, promote it, for applications, etc. need online - a priori.

    Perhaps the problem is not visible again. I admit: but it is still there.

    I don’t know what conclusions all of the above will lead you to, but one of my friends commented on this argument: "... there’s another aspect, very many self-employed, especially creative people, don’t need millions, их устраивает доход от своего творчества или деятельности в размере 20-50 к, что бы они могли заниматься любимыми делами и при этом на еду хватало, но если они начнут взаимодействовать по правилам гос-ва, то они не выживут, большую часть съедят поборы, от которых толку практически 0 и ради чего все это, вот это главный тормоз, что пугает большинство заниматься этими делами легально, плюс добавить отчетности и штрафы и кучу паразитов в цепочке". Кто-то с ним согласился, кто-то нет, но цифры — упорный вектор, который говорит о многом.

    UPD. Статья вышла в свет, а проблема старая вскрылась вновь: коротко — о том, почему договоры с ИП могут признать трудовыми. И чем это грозит.

    Only registered users can participate in the survey. Please come in.

    Do you have an IP?

    • 32.2% Yes 259
    • 34.9% No 281
    • 5.1% Have LLC 41
    • 1.9% What is this? 16
    • 10.9% Closed 88
    • 14.6% Going to open 118

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