Is a sole proprietor required to have a checking account. Is an individual entrepreneur required to have a checking account by law?

Previously, opening a current account for individual entrepreneurs was mandatory. With the introduction of amendments to the tax legislation, the service has become a right for individual entrepreneurs. At the request of the individual entrepreneur, he chooses a bank, after which he opens one or a group of accounts (in national money or currency). But do i need a bank account, and when is its discovery justified?

Historical reference

A few years ago, before passing the state registration, the entrepreneur collected and submitted for consideration a pile of papers:

• Application for the transition to a simplified or patent form of taxation.
• Identity document (passport) - original and copy.
• Information about opening a current account for individual entrepreneurs.
• TIN (original and copy).
• Application for registration of IP and much more.

Such strict requirements created a number of difficulties for start-up entrepreneurs, delayed the registration process and the start of activities.

Is a sole proprietor required to open a checking account?? The answer is unequivocal - "No". An individual entrepreneur personally decides whether to use the bank's service or refuse it. But that didn't make it any less of an issue. On the contrary, now entrepreneurs are tormented by doubts - whether an IP current account is needed or not.

How to work without going to the bank?

Doing without opening a bank line is real. For this you need:

• News financial activity without cash payments. If payment is made in cash, there is no need to open a current account.
• Use the current (personal) account of an individual for work. Here the situation is twofold. Doing entrepreneurial activity using a personal account is prohibited by law, but there is no direct punishment for this.

Do you need a business account?

Opening a current account for individual entrepreneurs has a number of advantages:

• The possibility of separating personal and business financial flows. If you use a personal account when conducting business activities, there may be problems.
• An increase in the chances of obtaining a loan for a business, because the bank has access to information about the client's revenue and counterparties. If things are going uphill, there will be no problems with obtaining funding.
• There is a chance of cooperation with companies (legal entities). Is an individual entrepreneur obliged to open a current account for conducting transactions? - Mandatory if the amount of the contract exceeds 100 thousand rubles.
• The process of transferring funds between electronic wallets and a current account is simplified.
• Additional opportunities open up - work on accepting online payments via the Internet or a website, for this you can draw up an agreement with one of the Internet acquiring agents.

In this article:

• Can an individual entrepreneur work without a checking account?
• In what cases is it necessary to open a current account?
• Can I use my personal bank account for settlements with suppliers and buyers?
• What do you need to open an account.

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

When can you do without a checking account:

• if the IP turnover is small;
• if settlements with other entrepreneurs and legal entities practically absent;
• if settlements with individuals are made in cash without the use of cashless payments.

Cases when a checking account is required

In business activities, situations may arise when the use of a current account is a necessity.

Entrepreneurs making cash payments should be guided by the Instruction of the Central Bank of the Russian Federation dated 07.10.2013 No. 3073-U, which states that:

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

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

Can I use my personal bank account for settlements with suppliers and buyers?

Using your personal bank account for settlements with suppliers and buyers, an individual entrepreneur bears some risks. Personal bank accounts (current accounts) are opened by an individual for transactions not related to entrepreneurial activity or private practice. However, there are no sanctions for using your personal bank account in business activities. But the bank may refuse to conduct transactions if it considers that the proceeds are related to the implementation of entrepreneurial activities and in the future may unilaterally close the account.

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

If funds other than business income are received on the current account, after the submission of declarations (STS, personal income tax, unified agricultural tax), the tax authority may be required 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, not using a current account, an entrepreneur limits himself in the choice of suppliers and significantly reduces the circle of consumers of his goods (works, services).

How to open a bank account

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

• identity document;
• a card containing information about the persons who have the right to dispose of the money placed on the current account. As well as documents confirming the presence of the necessary powers of the persons indicated in 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 certifying that the applicant has a legal right to stay in the Russian Federation.

The package of documents provided in various 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, all others necessary information they collect 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.

IP reporting to the tax and funds

In addition to the current account, the entrepreneur should also take care of reporting on his activities to the tax office, the FSS, the PFR and the FSGS. The online service "My Business" - Internet accounting for small businesses can help him in this. The service automatically generates reports, checks them and sends them to in electronic format. 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, USN, UTII and Patent. You can get free access to the service right now at

It's nice to do in this life the thing that you like the most. It is even more pleasant when the chosen occupation brings not only great moral pleasure, but also good profit. much easier than becoming a founder of a limited liability company. To become an IP, you need. But should an individual entrepreneur open a current account? This issue needs to be sorted out by every person who is going to engage in entrepreneurial activity.

Needed or not?

In fact, the legislation does not in any way provide for mandatory measures regarding the fact that each individual entrepreneur must open a current account in his own name without fail. This measure is advisory in nature. Therefore, whether an individual entrepreneur needs to open a current account or not is up to him to decide.

Previously, it was a little different. An entrepreneur had to collect a “registration package” before state registration. It included:

• passport and its photocopy;
• TIN and its copy;
• notification of the opening of an IP settlement in a bank.

From the first days of the current year, the last requirement is no longer mandatory. It is this fact that drives many people "to a dead end" and they do not know whether it is necessary to open a current account for an individual entrepreneur.

Why should an individual entrepreneur open a current account?

At the legislative level, it was decided that, in principle, there is no need for an entrepreneur to open it if he himself does not wish to do so. The bulk of future entrepreneurs often, before submitting documents for state registration, are interested in whether it is necessary for an individual entrepreneur to open a current account. Not really. Be sure to open your line in the bank only if:

1. You are going to carry out transactions with your counterparties for amounts exceeding one hundred thousand rubles. In other words, if you are going to pay with individual entrepreneurs or legal entities by means of a non-cash form or, conversely, receive payment from them for an amount in excess of the specified amount, also “by bank transfer”, then you must have your own bank account for individual entrepreneurs.
2. Do you want to pay dues for Pension Fund RF by bank transfer.

Can an individual entrepreneur not open a current account with, the Compulsory Medical Insurance Fund,? Yes. An individual entrepreneur can make all the necessary contributions independently and through a money transfer.

Is an individual entrepreneur obliged to open a current account in order to receive a seal?

In order to, an individual entrepreneur does not need to have a bank line and collect other documents at all. Private companies are engaged in the production of seals and it does not matter to them how you will pay them for the work - in cash or by bank transfer. Before making a seal, they will require you to provide a passport, TIN and. This is necessary so that the print on the seal is fully consistent with these documents.

But the bank may require you to have a seal. This is rather a rare exception to the rule, but even for it you should be prepared.

Right choice

First you need to take care of right choice desired institution. Pay attention to what conditions the bank puts forward for you, what it requires from you and what it offers in return.

If the chosen option completely suits you, then do not forget to also issue a plastic card in your bank. This measure is needed so that you can withdraw money at the right time. On average, payment for servicing the card costs up to two hundred Russian rubles.

Unlike legal entities, individual entrepreneurs are not required to open a current account in order to carry out their activities. Because the law does not provide for such an obligation.

There are court cases with the social insurance fund, when the FSS of the Russian Federation demanded that individual entrepreneur IP to open a current account in order to credit the reimbursement of the amounts paid by the IP for "maternity" to it.

The appellate and then the cassation instance recognized such requirements as illegal, since the individual entrepreneur has no obligations on the current account.

If there is no current account, you need to remember that the limit value of cash settlement.

But there can be more pluses for a current account for an individual entrepreneur than minuses, they need to be known, taken into account and implemented.

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What are the pros and cons of a bank account?

Plus - There is no need to visit the bank and pay him for settlement and cash services (hereinafter referred to as RKO). In the absence of a bank account, no one will be able to demand from you the delivery of cash proceeds to the bank and introduce a limit on cash withdrawals (as is the case with legal entities). If you deal only with individuals, it is not possible to apply cash settlement restrictions.

Plus - But if you plan to make settlements with other individual entrepreneurs and legal entities, it is better to open an account. It is in all respects more convenient for counterparties - legal entities, and you will not narrow the circle of customers at the expense of those who work only by non-cash payment. In addition, cash settlements with legal entities are limited in the amount of 100,000 rubles, respectively, if you plan to conduct transactions on a large amount, you will have to figure out how to differentiate payments in order to fit into the current cash limit.

Plus - In addition, a current account will relieve you of the need to install cash registers (if you do not intend to conduct both cash and non-cash payments), and at the same time provide complete transparency of cash transactions due to the availability of bank documents. Well, you can’t write off such moments as the possibility of loss or theft Money during their transportation and storage.

Minus - when working with a bank, it is necessary to bear additional costs for payment of settlement and cash services and the need to visit a bank branch. Of course, if you do not have internet banking.

There are more advantages to working as an individual entrepreneur with a current account.

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When does a sole trader need a checking account?

Work without a bank account can mainly be entrepreneurs who are engaged in retail or household services. Such individual entrepreneurs often work only with the population, accept cash payments.

But when you enter into agreements with companies, other entrepreneurs, pay or receive significant amounts, in this case you cannot do without a bank account. Because you can pay in cash with companies and other businessmen in the amount of one contract (clauses 5 and 6 of the Bank of Russia Directive No. 3073-U dated October 7, 2013).

Theoretically, an entrepreneur may not open a current account as an individual entrepreneur, but use his personal account as an individual. But in this case, there are difficulties with payments and taxes.

Option number 1. Not all of your clients can transfer money to a personal account, because counterparties are often afraid that the tax authorities will consider a payment to a personal account as income of an individual. And from payments to individuals, companies are required to withhold personal income tax. And report on the forms and .

In fact, there is nothing to be afraid of if the entrepreneur has concluded an agreement with the buyer and there are primary documents in which the IP appears. And the client indicated in the bank document that he was transferring the payment to the merchant (letter of the Ministry of Finance of Russia dated March 21, 2011 No. 03-04-06 / 3-52).

Option number 2. Sometimes a bank may not make business payments on an individual's personal account. Because such an account is not intended for business activities of a businessman (). That is why banks prescribe such a condition in agreements for opening accounts (paragraphs 2.2 and 2.3 of the Instructions of the Bank of Russia dated May 30, 2014 No. 153-I). Therefore, not all banks transfer money intended for individual entrepreneurs to the account of an individual.

Option number 3. Fiscal authorities often consider taxes from all receipts on the card or personal account of an individual entrepreneur. This can happen if money comes to a person’s personal account both from entrepreneurial activities and those not related to business. In this case, you will have to prove which amounts relate to business and which are personal.

Option number 4. Tax inspectors do not recognize expenses paid from a personal account. You may have difficulty recognizing expenses if you apply one of the following: common system or STS (income minus expenses). The tax authorities will consider payment from the card as personal expenses of a citizen that are not related to business. Therefore, even in court it can be difficult to defend the expediency of expenses paid from a personal account (letter of the Ministry of Finance of Russia dated January 16, 2015 No. 03-11-11 / 665).

Of course, if you small business No one will force you to open a bank account. But... at high speed, when participating in public procurement, it is better for an entrepreneur to make non-cash payments through a bank account.

Important!

1. If you are planning non-cash settlements with counterparties, then do not use a personal account of an individual, but open a settlement account. Then there will be no problems with clients and tax authorities.

2. From September 1, 2016, in order to open a current account with a bank, it is not necessary to submit a certificate of registration of an individual entrepreneur and registration with the Federal Tax Service. Until September 1, these documents are needed.

3. It is not necessary to notify the tax inspectorate and funds about opening a current account in a Russian bank.

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   The article will help you quickly open a personal bank account for an individual entrepreneur, or a current bank account for organizing an LLC in a savings bank.

Do I need to open a current account if you registered as an individual entrepreneur? In 2017, the law does not oblige small businesses to open a current account.

However, there are nuances in this matter. For example, if the amount of settlements under one contract is more than 100,000 rubles, you will have to make non-cash payments.

So is it possible to conduct business without a current account of an individual entrepreneur and how to do it correctly? You will find out the answer to this question from our article.

Can an individual entrepreneur work without a current account

Normative acts do not prohibit entrepreneurs from running their business without opening a current account. If the activity, for example, is related to trading in the market, then keeping an account will generally be unprofitable: you will have to spend a lot of time traveling to the bank.

Also, IP on a patent that provides services to the public, in most cases, accept cash from customers, which in itself does not imply opening a current account. If the entrepreneur works with other counterparties, concludes official agreements, then as soon as the amount for the latter exceeds 100,000 rubles, he will have to open a bank account. This is a legal requirement.

For example, if an individual entrepreneur on UTII signed an agreement on the lease of premises, and the amount of the service is 25,000 rubles per month, then after 4 months the cost under the contract will be 100,000 rubles. Therefore, from the 5th month it will be necessary to open a current account, if this has not been done before.

IP on the simplified tax system with a rate of 15% is better to immediately open a bank account. Since this type of taxation depends on the expenses incurred by the entrepreneur, it would be better if they are reflected in the current account. Then the tax will not have questions for you, and you will not overpay.

Settlements with individual entrepreneurs are best done using a current account and other taxation systems. A bank account expands business opportunities. Many counterparties refuse to cooperate with individual entrepreneurs who do not have an account. Also, you do not have to worry about your money: they are under the protection of the bank, moreover, they are insured for up to 1,400,000 rubles.

The activities of individual entrepreneurs will be much easier if the payments are made by bank transfer. With the service personal account offered by almost all banks, you can pay taxes, make payments during off-budget funds and according to the details of business partners in a few minutes from your own office or even from home. And that saves valuable time.

So do you need an IP account? If you want to develop your business, establish contacts with new contractors and are going to conclude contracts for large sums, then the answer will be, unequivocally, "yes".

Cons of working without opening a bank account

Of course, you can work without a checking account, but in this case you may encounter inconvenience. They are associated with the following nuances reflected in the table.

Choose a profitable bank

Can I use a regular personal debit card?

Some entrepreneurs believe that it is possible to make payments using a personal account opened for an individual.

Regulatory acts prohibit the use of a personal account for conducting commercial settlements. For individuals there are separate accounts, for individual entrepreneurs - others. Therefore, the acquisition of the status of an entrepreneur deprives you of the opportunity to use a personal account. This follows from the Decrees of the Central Bank of the Russian Federation.

However, novice entrepreneurs still in some cases make payments through personal accounts. If the bank is interested in such an operation (especially if there were a lot of them), then your account maintenance may be suspended. In this case, you will need to provide documents proving the source of funds. And since your funds are a product of the business, the account will be closed. Sometimes re-opening an account with another bank can be problematic, as banks transfer information about such clients among themselves.

Do I need a checking account to open a sole proprietorship?

To register an individual entrepreneur, you will need to provide a list of documents to the tax authority. However, the list of securities does not contain a certificate of opening an account. This means that the procedure for registering an individual entrepreneur does not require opening an account.

You can first formalize your business, then work for some time without a current account (if the specifics of the activity allow). After that, you can get an account.

The main thing you need to know: an account is opened only after registering an individual entrepreneur, not earlier. When you receive tax documents in your hands, indicating your new status, then you can go to the bank.

By the way, after registering an account, you do not have to notify the tax authority and extra-budgetary funds about this. This obligation has been transferred to banks, and therefore, after opening an account, you can safely start using it.

Favorable rates of banks

How to pay taxes without a checking account

If you have not yet opened a bank account or do not plan to do so, then a logical question arises about paying taxes. Unlike LLC, the requirements for individual entrepreneurs in this matter are much softer.

In the absence of a current account, you have the right to pay the fees in cash or from the personal account of an individual. This is especially true when the turnover of your business is still small, and the profit does not make it possible to make mandatory payments. In this case, you can pay taxes from your own funds.

It is important to indicate here that you pay payments specifically for individual entrepreneurs, so that there are as few questions from the tax to you as possible. To deposit funds towards taxes, you will need to take a form with details from the tax office, fill it out and submit it to any bank that provides transfer services. The operator may charge a commission for the transaction.

Having a checking account makes this task much easier. You can transfer funds directly from your account, without waiting in queues. To do this, just connect to Internet banking and create a payment template. The system will automatically generate payment order according to previously entered parameters.