Is it possible for a sole proprietor to work without a current account and is it needed to conduct business? Do individual entrepreneurs need to open a current account using the simplified tax system? Individual entrepreneur works without a current account

Starting your financial activities, an individual entrepreneur has the right to open a current account in any chosen bank. According to the law, such an action is not mandatory.

But those businessmen who decide to neglect this right, in the process of business activity, may be faced with the question of how to make payments to a partner and at the same time not violate cash discipline. In such a situation, having a current account may become a necessity.

How necessary for 2019

It should be immediately noted that in 2019, the procedure for opening a current account by an individual entrepreneur remained the same. An individual entrepreneur can enter into an agreement on a voluntary basis or in case of urgent need.

A current account performs an important economic function. It helps to separate personal money from financial resources received as a result of business activities.

In addition, documented receipt of revenue facilitates reporting and simplifies control over the fulfillment of contractual obligations.

Availability of bank details serves additional guarantee when concluding contractual relations with business partners. Cash turnover, which is reflected in the bank statement, can confirm the solvency of a businessman when receiving borrowed funds. The bank is most willing to issue loans to clients who have stable financial activity.

The need for a mandatory opening of a current account with an entrepreneur will arise only if settlements between counterparties under one agreement exceed the limited amount of 100 thousand rubles. Also, when paying for a large consignment of goods, large wholesalers prefer exclusively non-cash payments.

Due to the fact that plastic cards are often used when working with customers in retail trade, the need to open a current account is only growing every year.

Is it possible to use a personal account when doing business?

In business practice, many individual entrepreneurs use a personal bank account to store funds. This involves getting some economic benefit:

1. The fee for servicing an account opened for an individual is significantly lower.
2. Restrictions on cash withdrawals are not as strict as when conducting transactions on a current account.

From the point of view of a bank client, in other respects these accounts are not much different from each other. It is also possible to credit funds from third parties to your personal account.

An entrepreneur has the right to pay tax payments and settle accounts with suppliers. In addition, for the convenience of clients, banks issue plastic cards for accounts, with which you can make remote payments through the bank-client system.

Some entrepreneurs use a deposit account in their commercial activities. But this is not always convenient, since this type of money storage has many restrictions and additional commissions when paying with third parties.

What are the risks of using a current account?

In accordance with the regulations of the Central Bank, current accounts and deposits of individuals can only be used to accumulate funds not related to commercial activities. For business, banks must open current accounts. But, despite this, there are no penalties for using the account for other purposes on the part of the financial institution.

Some banks, in order to provide additional control over the flow of funds, ask to indicate in payment documents a phrase stating that the transfer is not related to commercial activities, but such actions are illegal.

In turn, entrepreneurs are not always honest with the bank and when settling with a counterparty they do not disclose the real basis for the payment.

This behavior threatens IP some risks:

1. Firstly, a financial organization may delay the transfer of money if the counterparty indicated in the line the recipient “IP Petrov P.P.”, and not just “Petrov P.P.” The bank justifies this delay by saying that the name of the recipient does not match the owner of the current account and it is impossible to identify the payment.
2. Secondly, use may cause confusion among buyers, especially if the entrepreneur asks not to indicate individual entrepreneurs as recipients. It is quite possible that document flow prepared in this way will arouse interest among inspection authorities. Cash receipts in the name of an individual may be mistakenly accepted as the taxable base for income tax, as a result of which the tax office will charge fines and penalties, and the funds will recalculate contributions.
3. Thirdly, if a situation arises when an entrepreneur needs to return erroneously transferred payments from the budget or fund, then this can hardly be done to the current account.

If the bank detects violations when using a personal account, the financial institution may terminate the agreement and close the account. Many banks warn their clients in advance in writing that it is prohibited to carry out transactions related to commercial activities on the current account.

When starting to choose a financial institution, you need to familiarize yourself with the reliability rating. This is especially true during periods of economic instability in the country, when banks’ licenses are often revoked.

It is also very important how long it takes the client to get to the bank branch. In this regard, it is necessary to select a financial institution based on territoriality.

An important fact is cost of cash management services, debited monthly from the account balance. Its size has a fixed rate, which can increase depending on the number of payment documents processed. The bank will also withdraw money for opening an account.

If the client is going to use the services of a client bank, then you should find out the prices for this service in advance. Some institutions set low rates to attract customers, which miraculously increase after a few months.

In order to optimize payments, an individual entrepreneur should be interested in the timing of money transfers. Reliable banks try to make transfers within 24 hours. This is especially true when taxes are transferred.

You need to choose a bank extremely carefully, since this institution financial safety of funds depends. When choosing, you can use the advice of friends and customer reviews.

More information about the need for a current account can be found in this video.

What documents will be required

Despite the fact that the packages of documents in all banks are different, there is a basic list that must be provided when opening a current account:

• passport of an individual entrepreneur;
• certificate of registration with the tax authority;

In addition to the above, the bank will ask you to fill out an application for opening an account, a detailed client questionnaire, a card with the right to sign and a cash settlement service agreement. If all the documents provided are in order, this procedure will not take much time.

The documents that the bank requests to open an account must be original. If necessary, the financial institution itself makes copies and certifies them. It is worth noting that some papers have a limited validity period. For example, an extract from the Unified State Register of Individual Entrepreneurs remains valid for 30 days. After this period, you will have to order a new document.

When signing the contract, you should carefully read all the clauses and familiarize yourself with the established prices. If in doubt, you should seek legal advice.

Some banks may ask an individual entrepreneur to put his stamp on it. Guided by the fact that an individual entrepreneur can conduct business without an official stamp, many entrepreneurs confirm contractual relations only with a personal signature.

Pros and cons of use in activities

From the point of view of economic feasibility, a current account can have either positive, so negative characteristics. After a thorough analysis of the benefits and costs, each entrepreneur individually decides whether he needs a current account or not.

The main advantages can be summarized as follows:

TO cons may include additional costs for cash management services, the need to visit a credit institution for collection and obtaining a statement. Also, if you have a current account, you must observe a certain discipline related to the storage of cash.

Obviously, there are many more advantages in this matter, therefore, in order to build civilized financial activity, it would be more expedient to open a current account and entrust the bank with control over money transfers.

How does an individual entrepreneur work without a current account? Details in the video.

Let's consider whether a current account is needed for individual entrepreneurs in accordance with Russian legislation. Non-cash transactions are not inferior to cash in demand, so entrepreneurs have to open their own current account. Our material answers the most popular questions about current accounts for individual entrepreneurs: are they needed, can they use a personal one, how to open them, how to pay taxes without one.

Why should an individual entrepreneur open a current account?

Russian legislation gives individual entrepreneurs the right to open a current account (s/c) and use it in their work. Please note that this is a right, not an obligation. An individual entrepreneur without a bank account does not break the law, but it does significantly complicate his life. You need to open an account for work transactions not out of fear of punishment, but for reasons of convenience:

1. Without a cash account, you cannot accept non-cash payments, that is, the entrepreneur himself will narrow the circle of his clients.
2. It will not be possible to conclude transactions with legal entities for an amount exceeding 100 thousand rubles. There is no limit for retail buyers.
3. A bank account makes it much easier to pay rent, utilities, and other fixed expenses. Without it, the individual entrepreneur is forced to spend time every month on trips to banks, to the landlord or payment terminals.
4. If an individual entrepreneur pays tax in excess, the Federal Tax Service can return the money only to a bank account; the issuance of excess cash is not provided.
5. An entrepreneur with a bank account inspires more trust among government agencies, counterparties and clients.
6. Modern banks offer entrepreneurs accounting and tax reporting as a bonus for opening a bank account. This way you can save on an accountant and get rid of the need to delve into various declarations.

So, is an individual entrepreneur required to have a current account? The law does not oblige entrepreneurs to open bank accounts and use them in the course of their activities. This is one of the main differences between individual entrepreneurs and LLCs: a legal entity cannot operate without a bank account. But from a practicality point of view, it is much more profitable to open an account. Its maintenance does not require a lot of money (there are tariffs for only 300-500 rubles per month), but it provides the entrepreneur with the opportunity to work more modernly, more comfortably, and save time.

Working with a current account is much more convenient for individual entrepreneurs than with cash only

IP on the simplified tax system

The simplified tax system is the most popular form of taxation among individual entrepreneurs. It allows you to reduce the amount of reporting to a minimum, as well as the number of taxes paid. Like entrepreneurs under any other taxation regime, businessmen under the simplified regime open a current account only at their own request.

If an entrepreneur plans to provide services to legal entities, it will be more convenient to open an account. If, for example, you only trade retail, you can basically make do with cash payments. But in this case, you won’t be able to accept cards for payment. That is, simplified entrepreneurs have the right not to open an account account, but with it their work will become more modern and transparent.

Individual entrepreneur on UTII

Imputed tax is paid by entrepreneurs in certain fields of activity, and they must have less than 100 employees. Areas of work under UTII can be:

• retail trade;
• catering establishments;
• domestic services;
• veterinary medicine;
• production and installation of outdoor advertising;
• repair services;
• car washing and parking;
• accommodation services (hotels and hostels).

If you look closely at this list, it becomes quite obvious that in all cases, it may be more convenient for the client to pay by card. Therefore, despite the absence in the law of a requirement to open a personal account account on UTII, it is advisable to choose a bank with optimal conditions.

IP on a patent

Is it possible for an individual entrepreneur to work without a current account for patent taxation? As in previous cases, no one has the right to force an entrepreneur to open a bank account. Individual entrepreneurs on patents are engaged in:

• repair and tailoring of clothes and shoes;
• hairdressing salons, beauty salons;
• repair of household appliances;
• passenger and freight transportation;
• real estate renovation;
• excursions;
• funeral services.

This list includes an impressive number of activities, and can also be supplemented by regional authorities. Similar to UTII, most areas of patent work involve accepting payment from the client. People are now finding it more and more convenient to pay by card. Consequently, an entrepreneur who provides such an opportunity will be more in demand.

Without a current account, an individual entrepreneur will not be able to accept cards for payment.

Account opening procedure

Many modern banks offer current accounts to entrepreneurs. It is not necessary to use Sberbank; its conditions are far from the best. An entrepreneur must look at everything from the point of view of benefits and, together with the cash account, purchase additional bonuses. The most popular banks for individual entrepreneurs:

• Alfa Bank;
• Tinkoff;
• ModulBank;
• Dot;
• Raiffeisen.

Opening a business account is easy. Most banks offer to leave an application online. Next, the entrepreneur fills out an application and provides the bank with a registration certificate. Without a certificate, not a single bank will open a personal account account - otherwise he will be fined 20 thousand rubles. Therefore, you need to contact the bank only after completing registration.

Within 7 working days after opening a current account, an individual entrepreneur must report it to the tax service using form No. C-09-1. For late notification or lack thereof, you will have to pay a fine of 5 thousand rubles.

Is it possible to use a personal bank account?

Is it necessary to open a current account for individual entrepreneurs or can I use a personal one? The use of a personal account for business transactions is strictly prohibited. Previously, the Tax Code of the Russian Federation even had a corresponding article that directly excluded the possibility of accepting payment for the work of an individual entrepreneur to personal accounts. Now it has lost its legal force, but in fact continues to operate. An entrepreneur who tries to receive money from a business into his personal account will face an impressive set of unpleasant consequences.

Consequences of using a personal account

Troubles that await a businessman who decides to replace the account with a personal one, really quite a lot:

1. The bank's security service will consider constant cash receipts from various persons suspicious, regard them as business income and freeze the account until all circumstances are clarified.
2. A citizen whose personal account constantly receives funds from other citizens may be suspected of terrorism, concealment of income and other crimes.
3. It is not safe for counterparties to transfer money to a businessman’s personal account: the Federal Tax Service may calculate this as payment for labor and demand 13% as income tax.
4. The Federal Tax Service will consider all receipts to a personal account as business income and charge tax on them. That is, even if one of the relatives transfers money to the entrepreneur as a gift, inspectors will calculate tax on them as well. It will be very difficult to prove that this is a gift and not payment for work or services.
5. Individual entrepreneurs using the simplified tax system “income - expenses”, OSNO and Unified Agricultural Tax must confirm expenses to reduce the taxable amount. The Federal Tax Service will not count expenses from a personal account as business expenses and will not allow them to be taken into account to reduce the amount of payments.

Without a bank account, an entrepreneur will not be able to enter into transactions with legal entities exceeding 100 thousand rubles.

Problems in working without a current account

An entrepreneur without an account will only have problems with the law and the Federal Tax Service when he decides to accept payment for his work into his personal account. In all other cases, it is quite acceptable to work without an account. Acceptable, but inconvenient.

Firstly, Cards will not be accepted for payment. Given the popularity of cashless payments among clients and customers, it is inappropriate to limit demand to cash payments only. Secondly, It will not be possible to conclude transactions with legal entities for amounts exceeding 100 thousand rubles. Of course, many individual entrepreneurs do not need this, but it is necessary to remember this rule.

Thirdly, under the taxation regime, where expense accounting is required, it will be much more difficult to confirm them. R/s greatly simplifies this operation. In addition, many banks offer entrepreneurs to keep books and consider taxes as a bonus for opening an account. Missing the opportunity to simplify document flow so much is unprofitable.

How to pay taxes without RS

Every individual entrepreneur pays taxes. An entrepreneur with an account has the right to transfer funds from it. What do businessmen who work without a bank account do? There are several quite convenient working methods:

1. Payment from a personal bank account. You cannot accept payments into your personal account, but paying taxes from it is quite acceptable. This operation can be carried out on the website or through a mobile application in a few minutes. More conservative individual entrepreneurs contact the bank and fill out a transfer receipt. But in reality, the transaction receipt will remain even after the transfer through the application.
2. Payment by electronic money. If an individual entrepreneur uses the Russian electronic money services QIWI and Yandex.Money, you can pay taxes through them. Suitable for businesses whose activities are related to the Internet.
3. Bank transfer. The easiest way is to come to the bank and pay the tax through the cash register. Most likely, you will have to add a commission to the payment, and spend time going to the bank.

Conclusion

The law does not require Russian entrepreneurs to open current accounts. But practice shows that having a business bank account significantly simplifies the work of individual entrepreneurs: you can freely cooperate with legal entities, accept cards and calculate taxes faster. Many banks offer entrepreneurs accounting and tax documentation as a bonus to their account balance.

In this article:

• Can an individual entrepreneur operate without a current account?
• In what cases should you open a current account?
• Can I use my personal bank account to make payments to suppliers and customers?
• What you need to open an account.

Opening a bank account is an individual entrepreneur’s right, not an obligation. Individual entrepreneurs can make payments through their personal (current) account, opened as for an individual, and (or) in cash.

When you can do without a current account:

• if the individual entrepreneur’s turnover is small;
• if there are practically no settlements with other entrepreneurs and legal entities;
• if settlements with individuals are made in cash without using non-cash payments.

Cases when a current account is necessary

In business activities, situations may arise when using a current account is necessary.

Entrepreneurs making cash payments should be guided by the Directive of the Central Bank of the Russian Federation dated October 7, 2013 No. 3073-U, which states that:

• You can pay in cash within the framework of one agreement between legal entities and entrepreneurs if the amount of the agreement does not exceed 100,000 rubles;
• You cannot pay, for example, rent for premises from the proceeds.

The need for a current account also arises in non-cash payments with individuals (for example, when using acquiring - funds are transferred to the current account) and other situations.

Can I use my personal bank account to make payments to suppliers and customers?

Using your personal bank account to make payments to suppliers and customers, an individual entrepreneur bears some risks. Personal bank accounts (current accounts) are opened by an individual to carry out transactions not related to business activities or private practice. However, there are no sanctions for using your personal bank account in business activities. But the bank may refuse to carry out transactions if it considers that the proceeds are related to business activities and may unilaterally close the account in the future.

When you receive large sums of money on your card, you need to be prepared for the fact that the bank has the right to request information about sources of income as part of the fight against the financing of terrorism and money laundering.

If the current account receives funds other than income from business activities, after submitting declarations (USN, personal income tax, unified agricultural tax), the tax authority may receive a requirement to provide explanations for the discrepancy between the income data indicated in the declaration and the data they have on the current account .

In general, without using a current account, an entrepreneur limits himself in choosing suppliers and significantly reduces the circle of consumers of his goods (works, services).

How to open a bank account

The initial stage will be to select a bank to which the following documents should be submitted to open a current account:

• identification document;
• a card containing information about persons who have the right to manage money placed on a current account. As well as documents confirming the availability of the necessary powers of the persons indicated on the card;
• permissions (patents, licenses).

If the individual entrepreneur is a foreigner, then in addition to the above documents you will need to submit:

• migration card;
• a document indicating that the applicant has a legal right to stay in the Russian Federation.

The package of documents provided in different banks may differ from the basic one. Some banks are ready to open a current account for an entrepreneur only upon presentation of a passport; they collect all other necessary information themselves. There are also banks whose representatives come at any time and place convenient for the applicant and draw up a package of documents for opening a current account.

Individual entrepreneur reporting to tax and funds

In addition to the current account, an entrepreneur should also take care of reporting on his activities to the tax office, the Social Insurance Fund, the Pension Fund of the Russian Federation and the Federal State Statistics Service. The online service “My Business” - Internet accounting for small businesses - can help him with this. The service automatically generates reports, checks them and sends them electronically. An entrepreneur does not need to personally visit the tax office and funds, which will undoubtedly save him not only time, but also nerves. The service is ideal for entrepreneurs on OSNO, simplified tax system, UTII and Patent. You can get free access to the service right now by

When starting their own business, every entrepreneur thinks about the question: how to make payments to suppliers and partners easier, more quickly and, preferably, without additional costs. How to receive money for your goods and services without delays. Which payment methods are legal, and which options carry financial losses and risks. We do not have a definite answer for all individual entrepreneurs. It all depends on the business, its volume, interaction with counterparties and the tax regime.

Working without a personal account without breaking the law - advantages and risks of individual entrepreneurs

To the question: does a private entrepreneur have the right to work without opening a current account for his company, the answer is unequivocal - yes, he has, this is his legal right. According to the main regulatory legal acts of the main regulator of monetary policy and banking - the Central Bank of the Russian Federation, an individual entrepreneur is not obliged to carry out payment transactions only by non-cash means. Thus, cash payments are allowed when conducting business activities.

Cash payments - possibilities and limitations

Official letter of the Central Bank of the Russian Federation No. 3073-U “On cash payments” regulates the circulation of cash during settlements among all payers. So physical persons are allowed to use cash in any amount.

There are certain restrictions for business: individual entrepreneurs and legal entities. persons do not have the right to spend cash during one settlement transaction in an amount exceeding the established threshold of one hundred thousand rubles or the equivalent of this amount in currency at the Central Bank exchange rate (clause 6 of the Central Bank Directive). This is the only framework for an individual entrepreneur (albeit a very important one).

Let's figure out how this limitation works. For example, if a businessman rents a small premises worth 25 thousand rubles. per month. If the agreement is concluded for a period of 4 months, and the amount of the document is 100,000 rubles, the businessman has the right to pay the landlord in cash (regardless of the agreement: once a month, 50% prepayment, or pay everything at once). But if a commercial transaction to rent this premises is concluded for six months and, accordingly, the amount of the document is one hundred and fifty thousand, such an agreement must be paid only through the current account of the individual entrepreneur. Including if the payment procedure is prescribed in installments. The main thing here is the full amount of obligations under one document.

There is only one way out of this situation - to break the amount into parts and enter into several contracts. There is a disadvantage to this step: not all counterparties will want to sign a new document every 3-4 months. In addition to unnecessary gestures, these are also risks for both parties, when each can break off the relationship after the expiration of the document.

Moreover, it should be noted that the restriction on payments of 100 thousand rubles in cash does not apply when the money is used for certain purposes (point No. 2 of the Directive of the Central Bank of the Russian Federation):

• salary of individual entrepreneurs included in the payroll;
• social payments;
• if a businessman takes cash from the business for his own needs not aimed at business activities;
• when an individual entrepreneur pays in cash for raw materials, materials, other goods or services, while receiving a check, a delivery note or other fiscal reporting documents (with the exception of securities);
• are not subject to the prohibition on the use of cash and accountable money for the conduct of the company’s activities.

By and large, it is possible to run your own business without concluding an agreement with a bank to open a bank account and paying everything in cash, there are legal options.

An individual entrepreneur has every right to pay contractors in cash, with the exception of contractual relations over 100,000 rubles

But there is another side to this coin - business restrictions and risks in relationships with counterparties.

The first business framework - by selling their goods or services only for cash, an individual entrepreneur limits the circle of his clients and partners. Not every company will agree to conduct calculations in this form. If an enterprise has serious accounting that requires reporting, and financiers who count money, they will not allow payments to be made outside the current account, since by cashing out money, the company loses from one and a half to ten percent of the commission fee when withdrawing money intended for the entrepreneur.

The second limitation when doing business only through cash is trading and purchasing activities. If an individual entrepreneur, regardless of whether for resale or for the production of his own products, constantly purchases wholesale quantities, splitting contracts into amounts of less than one hundred thousand rubles can affect the cost of a certain batch and does not insure the business against a sudden increase in price.

Third, without a current account for business activities, open tenders are closed: it is impossible to nominate oneself to participate in state tenders. procurement

That is, in fact, the absence of a current account puts private business within the strict framework of small retail trade and insignificant trade turnover.

Another possible option for conducting payment transactions for a private business is payment using a personal card. faces. But it should be noted that this is a costly, quite risky and, possibly, short-term option.

Payment transactions through a personal account - potential and risks

In this case, you need to know that the Civil Code of the Russian Federation in Article No. 848 regulates the use of a personal account for individuals. individuals for personal purposes only. If the credit institution receives confirmation that the type of payment does not correspond to that stated in the purpose of the account, and the personal card is used for commercial purposes, the bank has the right to refuse the transfer of funds.

Let's figure out what this looks like in practice. Let’s say an individual entrepreneur receives payments on a card for goods produced or services provided. If the payment indicates: “payment for services” or indicates that this is a payment for any inventory items, and invoices with such wording are processed with a certain regularity, the bank’s security service has the right to refuse to service the entrepreneur’s personal account and block the last payment.

Check the agreement on your personal account, you will probably find a clause that states that the issued card is intended only for personal use, and it is prohibited to make commercial payments, as well as sanctions for violation. That is, the bank warned you in advance, then it is the responsibility of the card holder.

The most serious legislative act in the tripartite regulation of interaction: payer - recipient - bank is Federal Law No. 115-FZ of 08/07/2001 - the so-called anti-money laundering law. This is probably the most “terrible horror story”, which is used both by the Central Bank of the Russian Federation in case of bankruptcy of credit institutions, and by the banks themselves when blocking customer accounts, as well as in refusing an applicant to open a current account.

The legal norms of Federal Law No. 115 establish requirements for banks to freeze all accounts through which (in the opinion of the Security Council of the credit institution) funds are used for laundering proceeds from crime or terrorism. Many lawyers criticize the ambiguous concepts and vague wording of this law, which make it possible to block an account at any time at the slightest suspicion of a violation. At the same time, in order to return money from such an account, you need to go through more than one stage of checks, and most often with a negative result for the defendant. The lack of clear rules gives banks a prerogative in this matter; usually the courts take the side of the financial institution.

But it should be noted that banks are also in a difficult situation in this situation. The Central Bank of the Russian Federation closely monitors the internal policies of each financial organization, to the point that for all financial institutions. Central Bank institutions have established a certain percentage of refusals when choosing clients. Those who do not listen to the demands of the chief financial controller may face bankruptcy (deprivation of their banking license). Therefore, from concluding a banking service agreement to closing an account, credit institutions closely monitor all movements in their clients’ accounts, all depending on the organizational form: physical. person, individual entrepreneur or legal entity. face.

As a result, if according to the personal account. persons periodically pass through small amounts of money, the bank's security service will not pay attention to this. But as soon as a regular movement of significant funds in the account is noticed, and the funds are not spent by the owner via non-cash payment, but are cashed out, sanctions may follow. First, the bank's security service will block the account, and an SMS will be sent to the client's phone about the temporary suspension of the card. The person will be asked to come with documents and explain the origin of the funds and the purpose of their use. If the card owner does not have papers in his hands that can document the legality of their receipt, you can say goodbye to the money.

Today, such situations happen all the time. Let me give you my example: our company carried out promotions aimed at promoting products, for which quite large sums of money were transferred once a month to 5 personal cards of our partner in another city: from three hundred thousand rubles to half a million (no more than one hundred thousand per one card). The man withdrew money, purchased prizes, and rewarded those clients who participated in the promotion. Everything was fine for 4 months. And when the money was transferred for the fifth time, Russian Standard Bank froze the card and demanded that supporting documents be provided. Lawyers for the payer organization did not reclaim the blocked money, citing the futility of such actions, as well as the possibility of fines for the company. As a result: there were about four hundred eighty thousand rubles left in the bank. It’s even interesting what purposes they were used for. Or, perhaps, they are still on the blocked card, although this is unlikely.

Banks, tax authorities and the FSSP have the right to freeze any of the individual entrepreneur’s accounts, grounds - Federal Law No. 115, court decisions, late tax reporting, etc.

In addition to the risks of closing a personal account, there is a financial side to the issue. Receipt of money to the personal account of an individual entrepreneur may be unprofitable for both the counterparty and the entrepreneur for several reasons.

The first is when transferring an amount from a physical card. persons to the personal account of an entrepreneur (as a sole proprietor), a commission may be charged, which can range from one to ten percent of the payment amount (depending on the amount and the banks that are involved in the transaction).

There is an option when amounts are transferred within one bank between two personal accounts. In this case there is no commission. The main thing here is not to indicate the specific purpose of the payment, so that bank employees do not see an indication of commercial purposes in the payment. And do not abuse such payments. The bank will definitely check the card if large amounts are regularly used through it.

The second option for paying for goods or work of an individual entrepreneur is to transfer amounts from the legal account. person (or individual entrepreneur) to the entrepreneur’s personal card. At the same time, serious tax risks arise for the individual entrepreneur’s counterparty. From the point of view of the tax authority, amounts received from an organization to the personal account of an individual. persons may be determined by the tax controller as remuneration to an employee for work performed under an employment contract. In this situation, the Federal Tax Service determines the company that transfers funds to the personal account of the individual. person, tax agent. This entails a direct obligation: withholding and paying 13% of personal income tax for an employee to the state budget, as well as mandatory reporting on the 6-NDFL declaration and the 2-NDFL certificate.

At the same time, the tax authorities do not recognize the amount transferred by the organization to the personal account of the individual entrepreneur as expenses that reduce the taxable base. Thus, in order to avoid tax penalties and additional reporting being charged to IP partners, you should not conduct mutual settlements between your current account and your personal card.

If we talk about the advantages of an individual entrepreneur's current account in this case, it should be noted that when transferring a payment from one payment account to another, a commission is taken from the sender, but it is usually fixed: n rubles per payment, on average from 25 to 50 -ty rubles, and when calculated as a percentage of the amount, this transfer fee is significantly less.

Situation No. 3, when the personal account of an individual is included in the calculations. a person that is disadvantageous specifically for the entrepreneur. If the individual entrepreneur does not have a current account, during a desk audit after submitting the declaration to the Federal Tax Service, the tax authorities will check, including the movement of funds in the personal account of the individual entrepreneur. If it turns out that commercial payments were made on the account, the Federal Tax Service may charge taxes on all receipts from the account (including personal expenses of the individual entrepreneur). In this case, the entrepreneur will have to pay a larger tax or prove in arbitration that personal expenses are also reflected in the invoice. If a businessman has a current account, the inspectorate will track the income and expenses of the entrepreneur, without combining funds for business activities and personal expenses of the individual entrepreneur.

This is especially important for entrepreneurs who operate under tax regimes in which “income minus expenses” are taken into account when taxing: a simplified regime of 15%, a general taxation system, as well as the Unified Agricultural Tax, when the responsibilities of an individual entrepreneur include documentary evidence of business expenses. The Federal Tax Service does not recognize business expenses if the money was transferred from a personal account. Explanations of the Ministry of Finance No. 03–11–11/665 dated January 16, 2015 give an unambiguous position on this issue - all funds written off from an individual’s card. persons are considered expenses for personal needs; they cannot influence the reduction of the tax base. As a result, the individual entrepreneur will have to pay a much larger amount when paying taxes.

To summarize what has been said

Let us repeat: opening a current account for a private business is a voluntary decision of the individual entrepreneur. Whether a business bank account is needed depends on the type of activity of the company, as well as the volume of cash flows. If an individual entrepreneur does not work with contracts for large amounts (over one hundred thousand rubles), and also does not carry out transactions on Internet payments, acquiring terminals, or other online payments, a current account does not need to be opened. The need to open a current account does not affect the presence of employees on the staff of the individual entrepreneur, since salaries to employees can be paid in cash.

Advantages of running a business without a current account:

• annual savings in the absence of a bank account will range from nine to fifty thousand rubles (it all depends on the tariffs of a particular bank and the activity of individual entrepreneurs when transferring money);
• the movement of cash cannot be tracked, while current and personal accounts can always be controlled (this is used by tax officials during desk audits and bailiffs when business and personal expenses become clear in the open);
• today, fiscal authorities are increasingly practicing writing off mandatory payments (for example, personal income tax) or debts under the FSSP resolution from r/accounts or personal plastic cards, and without the consent of the owner;
• inspectors of the Federal Tax Service and bailiffs of the FSSP will not be able to block the funds of an individual entrepreneur if the entrepreneur does not have a cash account and personal bank cards (a dubious advantage, of course, because regulators will still look for a way to collect money, but at least this will not be a surprise).

It is worth considering: control the timeliness of tax reporting, because failure to submit a declaration within 10 days after the deadline for submission will result in the blocking of all individual entrepreneur accounts. First of all - a current account, if there is none - a personal account. Periodically check also the absence of enforcement proceedings by the FSSP. Now this can be done from the Personal Account of the government services portal or the bailiff service; you can access the service page using your EPGU account.

But, when deciding to refuse a cash account, you need to take into account that by paying everything in cash or using your personal account, a businessman bears risks and sets his business within a certain framework. Let’s summarize the above arguments and consider the disadvantages of working without a current account:

• An individual entrepreneur is forced to conduct his business with a narrow circle of counterparties; serious transactions are inaccessible to him;
• by refusing a cash account, an entrepreneur deprives his business of some of the clients who pay with debit and credit cards, make purchases on the Internet, pay for goods through point-of-sale terminals or through e-wallets (and this is no less - 45% of buyers in various fields);
• if an entrepreneur receives money from counterparties to a personal account, he may fall under the sanctions of the anti-money laundering Federal Law No. 115, lose his personal account and part of the funds;
• An individual entrepreneur exposes his business to the risk of accruing inflated taxes on the amount credited to his personal account; however, if expenses for business activities were paid from a card, they will not be credited;
• the business of individual entrepreneurs is limited to those clients who pay only with cash, consumers who are ready to pay only by bank transfer, payments through merchant acquiring terminals, Internet and mobile payments (pay-payments) are not available to the entrepreneur;
• there are risks associated with storing cash;
• The efficiency of payments suffers.

Please know: an entrepreneur has the right to make a decision at any time and open a personal account; this can be done even at the time of submitting an application for registration. Also, an individual entrepreneur has the right to have several accounts in different banks.

Video: how to work as an individual entrepreneur without a current account

Advantages of working as an individual entrepreneur through a current account

By opening an account for a business, an entrepreneur makes his life easier in many ways. If at the beginning of your own business it is often not worth signing a banking service agreement and paying money, then at a time when profits and turnover are growing, the circle of clients and the scale of the business are expanding, the lack of a current account can negatively affect the development of a private company. To conduct a full-fledged work process, develop and move forward, you will definitely need a cash account.

It is already clear that in this case the business is not subject to the restrictions of Bank of Russia Directive No. 3073-U on cash payments and can enter into agreements with counterparties for any amount.

Payment orders to counterparties are processed quickly, without delays, which has a positive effect on mutual settlements between business partners. In addition, your own current account adds an image component to the relationship between a private company and contractors.

The next argument for an entrepreneur to open a current account is that, thanks to the presence of a settlement account, the risks of additional tax charges during declarations and audits, as well as during the current financial control of the individual entrepreneur company, can be neutralized. When personal finances and business payments for the activities of an individual entrepreneur are separated, the Federal Tax Service distinguishes between a personal and a r/account, taking into account taxes only on cash turnover that passed through the current account.

As already mentioned, all expenses that went through a business account are taken into account when calculating the tax base. This is beneficial for individual entrepreneurs under the general tax regime, simplified tax regime and unified agricultural tax.

When conducting business and making payments, the legislative regulation of the Central Bank of the Russian Federation and the Federal Tax Service of the Russian Federation is undoubtedly significant. But there is another side of interaction that adds weighty arguments in favor of a r/account when running your business - the entrepreneur’s clients. It is they who vote with their wallet (including electronic wallet) on how the business activities of the individual entrepreneur will proceed and develop.

Non-cash payments using electronic transfers, Internet payments and acquiring terminals have already become the norm, and in the near future, most likely, will be a prerequisite for doing business. All online payments can only be made through a current account.

A current account can be opened at any time in 40 minutes by preparing the necessary documents

Let's look at other features of making payments using a business account, as well as its advantages:

• A current account allows you to save your time by monitoring and making payments remotely online and from anywhere in the world.
• This is a convenient and quick way to pay individual entrepreneurs’ bills by contractors, tenants or customers.
• Typically, a personal account is a deposit account; interest is charged on the balance, the rates on which are usually higher than the rates on personal accounts of individuals. persons According to some credit organizations, by receiving dividends on the balance, an entrepreneur can partially compensate for the cost of banking services. It should be noted that not all tariff plans provide this privilege.
• Having a cash account increases an entrepreneur’s chances of taking out a loan for business development (if the flow of funds was sufficient).
• A current business account is given to an individual entrepreneur for an indefinite period (until the entrepreneur writes an application to close it). Physical map face is given to a person for a maximum of 3 years.
• The account allows you to generate payments online for paying taxes to the budget, as well as mandatory contributions (but this, unlike a legal entity, is not necessary, it just saves time).
• Business accounts of private entrepreneurs are insured by the Deposit Insurance Agency in the amount of one million four hundred thousand rubles.
• Accounts are not tied to the place of registration of the individual entrepreneur or to the place of his business activity. A businessman has every right to choose any city and any bank to open an account. At the same time, the number of r/accounts is not limited by regulators.

Please note: when opening a current account, an entrepreneur is not required to notify the tax authorities, statistics agency or extra-budgetary funds about the opening of the account. Information from the bank will be sent to the Federal Tax Service and other authorities through the state system of interdepartmental exchange. The exception is accounts opened with a foreign bank.

Video: Current account of an individual entrepreneur

Whether to open a current account during a given period or work using cash is a businessman’s decision. The main thing is to know and take into account all the risks that personal account settlements entail, act carefully when interacting with counterparties, and also calculate whether your business is losing customers due to the inconvenience of payment methods.

In this article we will figure out whether an individual entrepreneur can work without opening a bank account. Let's find out how to pay taxes in this case and whether there is liability for using a personal account in commercial activities.

Can an individual entrepreneur work without a current account?

When answering the question whether an individual entrepreneur is obliged, you can answer in the negative. In 2018, as before, you can conduct commercial activities without a current account. But practice shows that in the process of working as an individual entrepreneur without an account, a number of difficulties arise. For example, it will be impossible to carry out large settlements with legal entities. persons (in the amount of 100,000 rubles).

It is also better to transfer taxes from the account, and it does not matter whether the individual entrepreneur is on the simplified tax system, UTII, patent or general form of taxation. This way you will not be under suspicion from regulatory authorities for possible tax evasion.

When is an invoice required?

Opening a personal account account is mandatory in the following cases:

• In the process of mutual settlements with legal entities. persons.
• If clients pay with plastic cards.
• For settlements with government agencies.
• If the transaction amount exceeds 100 thousand rubles.

How to pay taxes without a checking account

If you do not have an account, then to pay taxes you need to prepare a declaration for the reporting period. Next, you or an authorized representative visit a branch of any bank with the documents and fill out a receipt for the money transfer. The document must indicate the details of the individual entrepreneur and the tax authority to whose account the payment is made.

After completing the operation, you must visit the Federal Tax Service and fill out an application to receive confirmation of payment of the debt. When funds are credited to your account, the Federal Tax Service will provide you with a written response about this.

Using a personal account as an individual entrepreneur: consequences

Currently, individual entrepreneurs are prohibited from using a personal account in the process of commercial activities. This provision is enshrined in Central Bank Instruction No. 153-I.

Using a personal account may have the following consequences:

• If you receive large sums into your account, you will have to answer questions from the security service (where the money came from). The bank may suspend any suspicious transactions.
• Business partners, customers and any legal entities. individuals rarely transfer money to an individual's account. persons, since the Federal Tax Service withholds 13% income tax from such transactions.
• Most non-cash transactions among commercial participants are carried out on the basis of an agreement. When transferring funds to a current account, such an agreement becomes invalid, and the costs of the transaction are not easily justified by the tax authorities.
• Under OSNO, simplified taxation system, unified agricultural tax, the individual entrepreneur must confirm expenses associated with business. When paying with a physical person. The Federal Tax Service will not take them into account to reduce the tax base.

Do I need a current account to open an individual entrepreneur?

In the process of registering an individual entrepreneur, you need to write an application, provide several documents and pay a state fee. A personal account is not required for this procedure.

That is, you first need to register your business with the tax office, and then you can look for a bank to open a current account.

What are the advantages of opening a current account?

Registration of an account provides individual entrepreneurs with many advantages:

• The ability to conduct business via the Internet and accept online payments.
• Providing our clients with several payment options, including by bank card.
• Reducing suspicions of illegal activities on the part of regulatory authorities.
• Elimination of the possibility of being subject to additional taxation (NDFL).
• Increasing the number of business partners working with non-cash transactions.
• Minimizing risks associated with storing funds.

Disadvantages of working without opening a bank account

The absence of a settlement account for many counterparties is an indicator of the financial “inferiority” of an entrepreneur. And in the future, when transactions are carried out using cash or using a personal account. persons, they will have to be documented and proven non-involvement in commercial activities.

Agreements for opening a personal account in many banks include a clause prohibiting business transactions. Failure to comply with this rule may result in the account being closed.