When starting a business, every entrepreneur hopes that everything will go well and big profits are just around the corner. But life often makes its own adjustments, sometimes for various reasons you have to pause. How to suspend the activities of an individual entrepreneur for a while so that you do not have to pay for the period of inactivity?
What is the essence of administrative suspension of activities?
Administrative suspension of activities is a punishment for violating the law under Art. 3.12 Code of Administrative Offenses of the Russian Federation.
An entrepreneur is prohibited from working in a specific premises, providing services or trading for a period of up to three months. They immediately tell you what violations need to be eliminated.
For example, a pizzeria is closed due to noisy ventilation not in accordance with Sanpin. This means that the entrepreneur must resolve the issue with the noise level.
The business is put on hold by a court decision. Rospotrebnadzor, the Ministry of Emergency Situations or the migration service go to court after an unscheduled inspection - it depends on the violation. They check based on a complaint from a client, employee or competitor. Stopping operations in a small business is always the result of someone’s complaint.
After the court decision, bailiffs come to the entrepreneur within 24 hours. They seal doors and windows, put seals on cash registers, refrigerators, and stoves. If they are not allowed into the premises, the bailiffs call the police.
The bailiffs draw up an act of suspension of activities. From this day the deadline is counted.
A business can be closed even before trial if there is a danger of an epidemic or disaster. This is called a temporary ban on activities under Art. 27.16 Code of Administrative Offenses of the Russian Federation. The temporary ban will be counted towards the period of suspension of activities.
When applying seals, bailiffs must not damage the finish, locks or equipment, turn off the refrigerator with food, or do any other damage. This is said in Art. 32.12 Code of Administrative Offenses of the Russian Federation. If employees spoil something, you can recover money.
Then the entrepreneur takes care of the violations, and the bailiffs keep an eye on them. People enter the sealed room by agreement with them.
After eliminating the violation, the entrepreneur continues to work - the punishment is lifted.
How can an entrepreneur protect himself during an administrative inspection?
How to prepare for a Rospotrebnadzor inspection
Results
So, the answer to the question of how to suspend the activities of an individual entrepreneur for a while is clear: it will not be possible to officially suspend the activities of an individual entrepreneur and get rid of all the obligations associated with this status - the legislator does not provide for such a possibility.
An entrepreneur can only minimize the tax burden by using any suitable tax regime and submitting zero tax returns to the Federal Tax Service. It will not be possible to get rid of the obligation to pay insurance premiums at all, with the exception of certain cases not directly related to the actual termination of individual entrepreneurial activity. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
Why are activities suspended?
A small business faces suspension for:
— violation of sanitary regulations in catering, hairdressing salons;
— garbage removal not in accordance with sanitary regulations;
— violation of fire safety in the premises;
— dangerous working conditions for sellers and craftsmen;
— trade in goods without age markings;
- labor of foreigners without a work permit or failure to notify the migration service;
- concerts with obscenities in a bar.
For example, cafes and restaurants are often closed under Art. 6.6 of the Code of Administrative Offenses of the Russian Federation for violations of sanitary regulations in the kitchen.
They don't close for any violation. Inspectors must see a threat to people, order, morality or nature. The principle is this: if you don’t close it now, it will get worse later.
For minor violations they are not closed, but fined.
Fire safety requirements in simple words
