In this article, we will tell you what types of activities you need to obtain a license for in 2021, and what the consequences of working without such a permit are, if it is required by law.
A license is permission from authorized government bodies to carry out certain types of activities.
Features of activities requiring a license
The areas of business subject to licensing were not chosen randomly. All of them require special technical conditions, qualified personnel, or can adversely affect the life and health of people, the environment, and cultural heritage. Among the licensed areas of business, there are also those that are associated with large financial flows (banks, credit organizations, securities market).
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Not all licensed types of activities are available to individual entrepreneurs. The laws do not explain why this is so, but it is known that the state treats individual entrepreneurs as business babies. For entrepreneurs, fines are several times lower and tax benefits are greater. But, for example, individual entrepreneurs will not be given a license to produce and sell strong alcohol. The maximum that will be allowed to sell alcohol is beer and beer drinks.
List of licensed activities in 2021:
- Freight and passenger transportation by road (except for taxi activities), rail, water, sea, air transport
- Loading and unloading and towing of vehicles
- Security and detective (detective) activities
- Education of children and adults
- Production of medicines and medical equipment
- Activities in the field of medicine and pharmaceuticals
- Production and sale of alcohol
- Clearing and insurance activities
- Activities of credit institutions and non-state pension funds
- Trading and professional activities in the securities market
- Activities in the field of space and nuclear energy
- Activities to protect state secrets
- Activities related to encryption and special technical means for secretly obtaining information, protection of confidential information
- Activities in the field of information and telecommunication systems
- Communication services, television broadcasting, radio broadcasting
- Production and sale of special printed products protected from counterfeiting
- Production, testing, repair of aircraft
- Activities related to weapons, ammunition, military equipment
- Legal trafficking in drugs and psychotropic substances
- Conducting gambling through bookmakers and sweepstakes
- Procurement, storage, processing, sale of scrap metal
- Management of apartment buildings
- Industrial safety examination
- Operation of high-risk production facilities (explosion, fire and chemical hazards)
- Neutralization, collection, transportation of waste belonging to hazard classes I - IV
- Activities related to industrial explosives
- Activities related to the use of ionizing radiation sources
- Fire fighting, installation, repair and maintenance of fire safety equipment
- Use of infectious disease agents and GMOs
- Employment of Russian citizens abroad
- Production of copies of audiovisual works, computer programs, databases, phonograms on any media
- Geodetic and cartographic activities, hydrometeorology and geophysics, surveying work
- Preservation of cultural heritage sites.
Most often, individual entrepreneurs from this list choose cargo transportation, passenger transportation, medical and educational activities, and private investigation. The remaining licensed types of activities in 2021 require either the organizational and legal form of a legal entity or large financial investments.
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How much does a license cost?
The cost of obtaining a license is regulated by the Tax Code of the Russian Federation. The document specifies the amount of state duty for obtaining the document. It is set at 7,500 rubles for any type of activity except:
- banking (the duty is 0.1% of the authorized capital, but not more than five hundred thousand rubles);
- related to the retail sale of alcohol (duty - 65 thousand rubles for each year while the permit is valid);
- production, storage, purchase and supply of ethyl alcohol and alcoholic products (from eight hundred thousand rubles to nine and a half million rubles);
- management of apartment buildings (three tens of thousands of rubles).
You will have to pay the fee only once for the entire validity period of the license (except for those related to alcohol). In most cases, permits are issued for an indefinite period; there are no restrictions on their validity period. But in some cases a limit is still set. For example, an “alcohol” license is not issued for longer than five years.
Please note that when a license is refused, the fee is not refunded.
Responsibility for lack of a license
Failure to comply with legislation in the field of licensing is an administrative offense, which for individual entrepreneurs is punishable in accordance with the articles of the Code of Administrative Offenses of the Russian Federation/
Fines for working without a license
- 14.1 (2) – from 4 to 5 thousand rubles with possible confiscation of manufactured products, production tools and raw materials (activity without a license);
- 14.1 (3) – from 3 to 3 thousand rubles (failure to comply with the necessary licensing requirements);
- 14.1 (4) – from 4 to 8 thousand rubles (gross violation of the terms of the license).
Special fines for a license in the field of transport under Article 14.1.2 of the Code of Administrative Offenses of the Russian Federation are much higher:
- lack of a license - 100 thousand rubles with confiscation of the vehicle;
- violation of the terms of the issued license - 20 thousand rubles;
- gross violation of the terms of the issued license - 75 thousand rubles.
Although the amount of penalties for individual entrepreneurs is several times lower than for an LLC, criminal liability does not differ depending on the organizational and legal form. It occurs when income is received or damage is caused to the state or citizens in the amount of 2.25 million rubles (Article 171 of the Criminal Code of the Russian Federation).
| ✏ These norms of the Code of Administrative Offenses and the Criminal Code of the Russian Federation do not apply to taxi activities, because for a taxi it is necessary to obtain not a license, but permission from the regional administration. |
Liquor license
The regulatory body in this area is the national service “Rosalkogolregulirovanie”. It has the responsibility to protect citizens from low-quality alcohol and illegal products. In order to obtain a permit, you must follow certain requirements:
The amount of authorized capital for retail sales is 10,000 rubles, for wholesale sales – 10,000,000 rubles.- For cafes or restaurants selling alcohol, the premises area should not be less than 50 square meters. m.
- Availability of electricity, water, heating.
- Distance from educational, medical or sports organizations is at least 100 meters.
To contact the authorized body, you must collect the following documents:
- Charter in an updated version
- Extract from the Unified State Register of Legal Entities/Unified State Register of Individual Entrepreneurs
- TIN certificate
- A document indicating ownership or lease of the building in which alcoholic beverages will be produced or sold
- Conclusion of the Sanitary and Epidemiological Service employees
- A document confirming the compliance of the premises with fire safety standards
- Registration of the cash register, if it is needed for work
- Fire alarm service agreement
- Room layout
In order to understand everything about licensing the activity in question, you can watch the video:
OKVED codes and license
The applicant reports on the type of business the individual entrepreneur will engage in in form P21001 when registering with the tax office. To designate specific types of activities in the application for registration, digital codes according to OKVED (All-Russian Classifier of Types of Economic Activities) are used.
It is impossible to compare the list by OKVED codes with types of activities subject to licensing in Russia. The fact is that licensed areas are broader than a specific OKVED code.
How to determine whether OKVED is subject to licensing
For example, if you select an educational activity, then the following codes from OKVED-2 will correspond to it:
- 85.11: Preschool education
- 85.12: General primary education
- 85.13: Basic general education
- 85.14: General secondary education
- 85.21: Secondary vocational education
- 85.22: Higher education
- 85.23: Training of highly qualified personnel
- 85.30: Professional training
- 85.41: Additional education for children and adults
- 85.42: Additional professional education
Moreover, these are only four-digit codes, and if we take into account five-digit and six-digit codes, there will be even more of them. And if we take pharmaceutical activity, then this concept includes the sale of medicines, their storage, and the manufacture of medicines according to prescriptions.
That is, you need to select OKVED codes from different sections of the Classifier. Before adding OKVEDs to documents, check them for relevance using the transition table of codes from the Federal Tax Service.
The mere indication in form P21001 of OKVED codes corresponding to the licensed direction does not oblige one to obtain a license. Only if an entrepreneur starts real activities, it is necessary to contact the licensing authority in advance.
However, some inspectors, and sometimes banks, are interested in whether you have a license if the corresponding OKVED codes are indicated in the extract from the Unified State Register of Individual Entrepreneurs. If you are not yet planning to work under a license, then for your own peace of mind it is not at all necessary to enter these codes in advance when registering an individual entrepreneur. You can always add them later by submitting Form P24001.
Where to get a license
If the type of activity requires a license, then starting work before receiving a special permit is unacceptable. This is a violation of federal law, which is punishable by fines, confiscation of property, materials, equipment and other types of punishment, including criminal penalties. Only individual entrepreneurs and legal entities have the right to conduct licensed activities. persons with special permission paper.
Government agencies are responsible for issuing the document required for work (depending on the profile of the licensed activity. For example, the provision of services in the education sector is regulated by Rosobrnadzor, issues of transportation of people are regulated by Rostransnadzor. You can obtain a permit for security activities from the Ministry of Internal Affairs. You can engage in medical and pharmaceutical activities, and the manufacture of medicines after obtaining a license from Roszdravnadzor and Rosselkhoznadzor. Permission for the retail sale of alcohol is issued by Rosalkogolregulirovanie. In the regions, you should contact the territorial divisions of the authorized bodies.
How to get a license
You can submit a package of documents to the government agency authorized to issue licenses in person. Another option that the law allows is sending by mail with a valuable letter. A representative with a power of attorney can present the papers. It is allowed to send a package of documents in electronic form if all of them are certified by an electronic signature.
Within 3 working days after sending the application, the authority authorized to issue licenses makes a decision on whether to accept the papers or return them (a justification indicating the reasons must be attached). If the collected package of documents is incomplete or poorly prepared, the application is not written in compliance with all conditions, then within three days (working days) the applicant will receive a notification about the need to eliminate the violations. 30 calendar days are given to correct defects.
If the package of documents was correct and complete, then the licensing authority is given 45 days to review it. At this time, the veracity, accuracy and completeness of the information provided is checked. Then, within five working days, a decision is made to grant a license. It is issued through an order (instruction). Three days after signing the license, it is handed over to the applicant.
