Illegal business activities: the punishment. Individual: responsibility and penalty for illegal business activities

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2018-03-18 09:21:15

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Conducting business activities without registration with the tax authorities is punishable by law. Therefore, a citizen who regularly provides services or sells products, you just need to register your business. Otherwise, a person can expect fines and even exclusion from society for a period of up to several years.

Definition

Entrepreneurship is an activity that is aimed at continuous profit from the sale of goods, rendering services or performing works. In order to prove the fact that the person is engaged in business, two essential circumstances:

  • Systematic;
  • Recovery of benefits in the form of cash.

illegal business activities punishment natural person

If a citizen is more than two times per year profits from the sale of items or rendering any services, then it needs to register with the tax and to pay fees to the state Treasury. Otherwise, such business will be determined as illegal business activities. Punishment of a physical person in this case will be in the form of administrative, tax or criminal liability. Everything will depend on the amounts received and the scale of production.

Violations

In that case, if a citizen decided to do business, it must obtain a license if it is required (for example, engage in banking activities, the opening of filling stations) as well as stand on the account in tax inspection as the SP. If the person does not fulfill these two conditions, his business will be qualified as illegal business activities. Punishment of a physical person in this case will be in the form of a prosecution under article 171 of the code of crimes.

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Punishment

If a citizen is systematically extracts profit from the sale of things and services, but does not pay contributions to the income of the state and not registered as an individual entrepreneur, his business is illegal business activities.

illegal business activities punishment natural person 2016

The Punishment of the natural person in this situation may suffer one of three envisaged types of liability:

  • Administrative (fines are from 500 rubles and 2,000);
  • Criminal (isolation from society for a certain period, cash payments from the income of the perpetrator, arrest, compulsory work);
  • Tax (for the identified violations provided for mandatory payments from the amounts received in the amount of 10 %, but not more than 20,000 rubles, and also 20% if the business was carried out more than three months).

Law enforcement

To Identify the implementation of non-prescribed order of business following the authorised state structures:

  • Police;
  • Tax inspection;
  • The Prosecutor's office;
  • Anti-monopoly service;
  • Shopping on.

The Fact of violation of law should be recorded by inspectors in the Protocol. In addition, it should take no more than two months since detection and punishment of such offences as illegal business activities. The punishment of a natural person in this situation may be incurred only by court order.

Illegal business as a criminal act

In this case, the person may be prosecuted under article 171 of the code of crimes. It occurs only in the case if law enforcement agencies will identify the receipt of income by a person in large amounts, i.e., less than 250 000 rubles. While the police is difficult enough to convict a person of illegal business, because for this it is necessary to conduct test purchases for large sums of money, which is problematic. Therefore, without sufficient evidence to open a case, it excite not.

illegal business activities punishment natural person Cao

Criminal responsibility for inflicting especially large damages in the amount of 250 000 or more, and only after that Commerce is defined as illegal business activities. The punishment an individual (2016) shall be the following:

  • Fine of up to 300,000 rubles or income of the perpetrator for a period of 2 years;
  • Compulsory work;
  • Arrest.

If commercial activities carried out outside the law, entailed the infliction of harm in a very large size, then the penalties are up to 100, 000 and reach 500 000. In addition, the guilty person can be appointed punishment in the form of isolation from society for a period of up to five years, but with minimal cash payments.

It just ends illegal enterprise (Russian Federation). Therefore, people engaged in commercial activity that brings them a steady income, it is best to register with the tax authorities at the place of residence as sole proprietors and pay the fees from the business in the state.

Responsibility CAO

Provides for a fine of 500 rubles and up to 2000 for illegal business activities. The thing about attraction to administrative responsibility are considered by the world judge. This can occur at the place of Commission of the offence or in the area of residence of the citizen, if he will report on it. When imposing a fine, the size will depend on, first the person has committed an offense or been involved in the illegal conduct of business.

IN the code there are several types of offenses:

  • Working without a license and violation of the rules of its use;
  • Commercial activities without tax.

illegal business Russian

Of Course, the amount of the fine will depend on the specific case. Work without a special permit can be a more serious violation of law than the activities without registration. That is why penalties are always assigned by the court in the study and consideration of the specific circumstances of the case. Law enforcement and trade inspection and anti-monopoly service can only identify the offense as illegal business activities. Punishment of a physical person of the administrative code envisages a fine, which will be paid by the person only on the basis of a court decision.

Sanctions

If a person is engaged in business and not registered in the established procedure as individual entrepreneurs, the tax is regarded as illegal business activities. The punishment an individual (in 2016) will be in the form of a fine in the amount from 20 000 to 40 000. If we consider the percentage, it is 10 to 20 % of all revenues. In the case of a delay of registration in the inspection unscrupulous businessman faces a fine from 5000 to 10000 rubles.

Security

If a citizen has received financial damages from conducting business outside the law, he may apply in person at the law enforcement in order for the offender was brought to justice. In the first place that illegal traders how you can become less interested the tax Inspectorate. As already known, the tax code provides for liability in the form of payment of considerable penalties for illegal entrepreneurs that carry out their business without certain documents. illegal entrepreneurial activity of a natural person

Illegal business activities of an individual is always aimed at getting them permanent income from the provision of services or sale of goods. A business is not properly registered in the tax Inspectorate. This entails the occurrence of unpleasant consequences in the form of payment of fines, and in special cases, and imprisonment to the guilty man. Therefore, citizens who are faced with illegal Commerce, must report it to law enforcement to protect themselves and their family from purchasing low-quality items, products and services.

Registration

In order For the activities of an individual aimed at obtaining the permanent income, was completely legitimate, he needs to register with the tax authorities at the place of residence as SP. You must provide the following paper:

  • A written statement;
  • Check for payment of registration fee;
  • Passport
  • The INN and its copy.

A person need to decide on the taxation system. This must be done in order to pay premiums from the business was simpler and in a smaller size. If all documents are collected and filed with the inspection, the registration certificate of IE is just a few days. To make these actions a citizen needs in order not to pay in the future the penalty for illegal business activities and save your time and money.

Varieties

Not every activity, for which citizens pay the money, can be considered entrepreneurial. People may receive income from:

  • Use of his property (it could be rent or rent of transport for a day);
  • Selling things - products, household appliances, furniture;
  • Services - hairdressers, massage, beauty.

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<p><strong>Article in other languages:</strong></p>
<p><a href= AR: https://www.tostpost.com/ar/the-law/11184-illegal-business-activities-the-punishment-individual-responsibility-a.html

BE: https://www.tostpost.com/be/zakon/20029-nezakonnaya-pradprymal-n-ckaya-dzeynasc-pakaranne-f-z-chnaya-asoba-adk.html

DE: https://www.tostpost.com/de/das-gesetz/20035-illegale-unternehmerische-t-tigkeit-die-strafe-nat-rliche-person-die-v.html

ES: https://www.tostpost.com/es/la-ley/20054-ilegal-de-la-actividad-empresarial-el-castigo-persona-f-sica-la-respon.html

HI: https://www.tostpost.com/hi/the-law/11191-illegal-business-activities-the-punishment-individual-responsibility-a.html

JA: https://www.tostpost.com/ja/the-law/11191-illegal-business-activities-the-punishment-individual-responsibility-a.html

KK: https://www.tostpost.com/kk/za/20026-za-syz-k-s-pkerl-k-yzmet-zhaza-zheke-t-l-a-zhauapkersh-l-k-zh-ne-ayypp.html

PL: https://www.tostpost.com/pl/prawo/20000-nielegalna-dzia-alno-gospodarcza-kara-osoba-fizyczna-odpowiedzialno-i-.html

PT: https://www.tostpost.com/pt/a-lei/19997-o-empreendedorismo-o-castigo-pessoa-f-sica-a-responsabilidade-e-multa-.html

TR: https://www.tostpost.com/tr/hukuk/20032-yasad-i-faaliyetleri-ceza-birey-sorumluluk-ve-ceza-yasad-i-faaliyetler.html

UK: https://www.tostpost.com/uk/zakon/20021-nezakonna-p-dpri-mnic-ka-d-yal-n-st-pokarannya-f-zichna-osoba-v-dpov-d.html

ZH: https://www.tostpost.com/zh/the-law/11949-illegal-business-activities-the-punishment-individual-responsibility-a.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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