I'll take a non-residential placement for rent. Rent of non-residential premises. Is it possible to pass fiz. face

Purchase a business room at the initial stage of its creation may be problematic. Because entrepreneurs prefer to take real estate for rent. This allows you to reduce one-time spending. but rental non-residential premises associated with a number of features that distinguish the process from classic. This leads to a whole list of issues, the inability to quickly solve which causes the delay at the beginning of the implementation of activities.

If a legal or an individual wants to avoid them and speed up the process of passing non-residential real estate for rent, to begin the procedure, it is necessary to analyze current information on the topic. On the procedure for the implementation of actions, the features that are superimposed on the procedure depending on the status of the tenant and the landlord, as well as on the peculiarities of the taxation, let's talk further.

Does the Persians need to register as an IP to lease non-residential premises?

The right to own residential property is consolidated for individuals Articles 131 and 213 of the Civil Code of the Russian Federation. A person who is recognized by the owner of the real estate has the right to dispose of it and use at its own discretion. This opportunity records Article 209 of the Civil Code of the Russian Federation. At the same time, every citizen has the opportunity to rent a non-residential placement. The rule is reflected in Article 608 of the Civil Code of the Russian Federation. Phys Person can realize his right to surrender non-residential real estate. At the same time, the articles of the law do not oblige to register as an IP. However, a person is engaged in entrepreneurial activities with the help of leaving the real estate, it will be necessary to open an IP.

When to avoid the opening of the IP is impossible?

Persons may begin to carry out entrepreneurial activities only after the relevant registration will be held and will receive the status of the PI. However, the law does not oblige a citizen becoming Jura face. This rule is reflected in Article 23 of the Civil Code of the Russian Federation. From other manipulations, entrepreneurial activities are distinguished by a number of features.

Which include:

• with real estate tenant, sustainable bonds are observed;
• during a certain period, the transaction is carried out regularly;
• the person keeps accounting for concluded transactions and operations;
• real estate was acquired specifically for transactions;
• a person has a regular revenue as a result of the use of real estate.

In order for the rental of real estate for rent to be recognized as entrepreneurial activities and led to the need to register as an IP, it should be proven that all transactions were concluded for the purpose of obtaining permanent income.

For example, the signing of the lease agreement for one year and more, as well as the conclusion of transactions with the same organizations can be the signing of the lease agreement. In this situation, you will need to register as an IP.

What will happen if you do not register as an IP?

If a person violates the articles of the law and begins to carry out entrepreneurial activities without registration, judicial proceedings will be initiated. A citizen can be attracted to administrative or criminal liability.

In its respect, one of the following punishments can be applied:

• monetary recovery 500-2000 rubles (Article 14.1 of the Administrative Code of the Russian Federation);
• monetary recovery up to 300,000 rubles (Article 171 of the Criminal Code of the Russian Federation);
• attraction to mandatory work duration of 480 hours (Article 171 of the Criminal Code of the Russian Federation);
• arrest for a period to six months (Article 171 of the Criminal Code of the Russian Federation);
• penalty in the amount of income for 2 years (Article 171 of the Criminal Code of the Russian Federation).

How is the contract with legal entities and individuals?

The rule that is regulated by the rental of non-residential premises from an individual, there is no in Russian legislation. By drawing up a contract, it is necessary to rely on the provisions of Chapter 34 of the Civil Code of the Russian Federation. Regulatory act contains general About the provision of property for rent.

Article 606 of the Civil Code of the Russian Federation reflects that the landlord that is not a legal entity is obliged to transfer to the tenant to temporarily use and possession after a certain fee.

The lease agreement is drawn up in accordance with the norms contained in Articles 434 and 609 of the Civil Code of the Russian Federation. The participants of the agreement are obliged to draw up a document in writing. Ready paper signed by each of the parties.

The contract must contain mandatory information, which includes:

• details of legal entities and individuals;
• object information;
• terms of Use of Real Estate;
• the size rental.

Parties have the right to fully indicate, for what time a contract is concluded. If there is no such information, it is believed that the property is leased for an indefinite time.

Such a rule is recorded in Article 610 of the Civil Code of the Russian Federation. In the text of the contract, you need to designate the OKVED code. If the premises are carried out for rent, code 70.20.2 is used. The rule is relevant only if it comes to non-residential premises. Filling the characteristics of the object in the contract, you need to take care.

The document will reflect the following information:

• inventory room room;
• accurate address indicating the floor and location of the room on it;
• appointment (eg, office, for warehouse, etc.);
• the name of a room;
• real estate area.

In accordance with Article 609 of the Civil Code of the Russian Federation, the contract is considered officially concluded only after it is registered in Rosreestre. If the transaction lies for a period of less than 1 year, registration is not required. The agreement can be drawn up in any form. A similar rule is also valid for the extension of the contract for the same period.

To pass the state registration, you will need to prepare a package of documents. It is necessary to include:

• a statement that can be obtained from a notary or other specialist engaged in the admission of the necessary documents;
• contract and all applications for it;
• passports Persons of the Transaction;
• check about the payment of state duty
• other documentation if there is a need for providing it.

How is taxation?

If property brings income, it is taxed. Dates of deposit money and the procedure for making calculations directly depends on the status of the taxpayer. If the calculation is carried out according to USN with additional insurance premiums, the amount of deductions in favor of the state will be 6% of the amount of rent. Such a rule applies to SP. Delivering whether the physical face can pass the room, it will be possible to find out that this possibility is present. However, the citizen has to pay 13% of NDFL with payment once. The rules reflected in Article 208 of the Tax Code of the Russian Federation. If a citizen falls away from paying taxes, he will be attracted to criminal liability or an administrative penalty will be imposed.

If the landlord is an organization

A legal entity can be reached. In accordance with Articles 209, 213 and 608 of the Civil Code of the Russian Federation, organizations have the same right to possession, use and disposal of their own property, as well as physical faces. At the same time, the law does not impose restrictions on the number of facilities owned by the legal entities. This rule is reflected in Article 213 of the Civil Code of the Russian Federation. If renting premises is carried out by a legal entity, the contract is concluded in accordance with Articles 606 and 670 of the Civil Code of the Russian Federation. In this case, the document should indicate the OKVED code 70.20.2.

The contract with a legal entity is necessarily written in writing. At the same time, it does not matter why real estate is provided.

The contract must also contain mandatory information in which:

• characteristics of the room;
• information on legal and physical persons appearing in the contract;
• rent;
• features of the use of premises and repair;
• signatures of the participants of the transaction.

If the contract does not indicate the lease term, it is believed that it is concluded indefinitely. This rule is enshrined in Article 610 of the Civil Code of the Russian Federation. The contract and all applications should also be registered in Russia, if non-residential real estate is leased for more than 1 calendar year.

In order for the authorized body to agree to register, the representative of the legal entity will need to prepare the following documents:

• completed in accordance with the rules statement;
• decorated and signed agreement, as well as an application to it;
• cadastral real estate passport;
• papers confirming the legal status of the organization;
• documents confirming the fact of making state duty;
• additional papers if their provision is necessary.

If the landlord is an individual

If an individual acts as a landlord, the process of drawing up the contract and the features of the transaction change. So, in the document you need to specify the address and characteristic of the room. At the same time, address payments will not be subject to accrual VAT. It includes utility payments.

A person who rents a commercial premises can charge a fee to the Person's Bank's bank account or provide it with cash.

The change in the rent must be carried out in accordance with the current legislation. Article 614 of the Civil Code of the Russian Federation consolidated that the adjustment of the amount of payment should occur no more than once a year. If the contract is more than one year, the document must be registered in the territorial division of Rosreestra.

Many people have different non-residential real estate objects that are not used for any purpose. The optimal opportunity is leased by their lease, since under such conditions there is a permanent and high income. For this, the landlord can act as a saline, IP or business owner. The procedure for renting non-residential premises should be performed correctly, for which official contracts are drawn up with tenants. The need to pay taxes from the received income is taken into account.

Rules for the provision of objects for rent

Many property owners use such activities. Leasing of non-residential premises allows you to get a high passive income. In this case, the landlord may act:

• physly, which is the direct owner of the object, so he must have official documents for this property;
• IP, specially registered in the FNS for conducting this activity, and usually, it is necessary to pay taxes by entrepreneurs of USN, PSN or UNVD, since it will not be difficult for the use of simplified regimes to calculate and pay tax, as well as to submit a declaration;
• the company submitted by the legal entity, and enterprises can, like the IP use simplified systems to calculate the tax.

When drafting a contract, any of the above owner takes into account different nuances. If the rental of non-residential premises is carried out without official design and registration of income in the FTS, this is an illegal activity, for which the owners of the premises are involved.

Rules for renting facilities for rent by individuals

Private citizens may have different properties. They are used for different purposes, such as:

• creating an office;
• warehouse organization;
• the formation of a manufacturing enterprise;
• creating shops.

A citizen can act as a lease agreement. People must be direct owners of objects, so they are obliged to possess the appropriate guidelines and discharge from EGRN. The peculiarities of the lease of non-residential premises individual applies to the following:

• citizens must record in Roserestre in advance that the available room is a non-residential object, and the technical and cadastral parameters must additionally indicate;
• if the room does not consist in cadastral accounting or is unaccounted, then it is not allowed to officially transfer it to other persons;
• the delivery of the facility to the use of companies or other citizens acts as a property transaction, so certainly consists with the owner of a civil contract;
• in order for the documentation to be executed officially and competently, the agreement is drawn up exclusively in writing, after which it is certified by a notary and registed in Rosreestre.

It is often compiled an agreement for a period not exceeding one year. Under such conditions, it is not necessary to register a document in Roserestre.

What documents are required from the individuality to conclude a transaction?

If the delivery of non-residential premises is being leased by an individual, a citizen must prepare a certain documentation in advance. It includes such papers:

• passport of a citizen who is the owner of the premises;
• certificate of ownership, which can be replaced by a new discharge from EGRN, where the immediate owner of the object is indicated;
• technical certificate;
• other technical documents issued by the owner of BTI employees;
• extract from Rosreestra confirming that there are no encumbrances submitted by arrest, pledge or other restrictions on the site.

It is allowed to participate in the transaction to attract a representative, but it should have a notarized power of attorney.

Are taxes benefit by individuals?

Quite often by citizens who own real estate, it is used to make such a type of activity. Leasing of non-residential premises brings people a sufficiently significant passive income.

If the Rosreestra Treaty is registered, the information from this institution is sent to the nearest department of the FNS to account for the income of citizens. Therefore, renting Fiz. Persons of non-residential premises require calculation and paying income tax.

To do this, it is required to rent a 3-NDFL declaration in the FTS annually, where all the income of a citizen from renting an object is indicated. Additionally, this document provides right size NDFL. Therefore, with the amount obtained, 13% will have to pay. Due to such a high tax burden, citizens often prefer to issue an IP or open the company to significantly reduce the size of the collection, since when using simplified modes, the amount of tax may decrease to 6% of all incomes.

Nuances for IP

Many citizens who are owners of immovable objects that they prefer to lease, specially discover IP for these purposes. In this case, they can use simplified modes when calculating the size of the tax. The rental of non-residential premises of the IP occurs when taking into account the nuances:

• the conclusion of the contract with the tenants of the Official Agreement is necessarily recorded, in which the term of the contract, the features of the real estate, the rental price and other important features are prescribed;
• if the term of the agreement exceeds the year, the contract is registered in Rosreestre;
• for the income received, taxes are certainly paid to the taxes, for which the entrepreneur can choose the patent system, USN or UNVD;
• the direct transfer of funds must be recorded, for which the receipts are drawn up, but the most frequently transferred money to the current account, so it is possible to prove the receipt of money using bank extracts.

Through the use of simplified tax systems, citizens are able to avoid paying a significant tax. Most often, when leaseing non-residential premises, IP is chosen by UNVD, since when using this tax, a quarterly equal amount is paid. The tax in this case depends on the size of the room, so it does not affect it the rental cost.

Be sure to be officially carried out for renting non-residential premises of the IP. Taxation depends on the selected mode, but it is important not only to competently calculate and pay taxes in a timely manner, but also to draw up the declarations necessary for FTS workers.

What documents are required from IP?

If an entrepreneur is owned by the owner of non-residential real estate, then documents should be prepared for the contract with the tenant:

• certificate of registration and registration;
• passport of a citizen;
• expanding documents for real estate object;
• technical paper on the object.

A properly compiled treaty is definitely transferred to the FTS together with the declaration, as it acts confirmation of the maintenance of concrete activities.

Specificity of putting premises by companies

Often, different non-residential facilities belong not to individuals, but enterprises. Firms often decide on renting non-residential premises. The procedure in this case possesses the following features:

• the company may not be the owner of the object, as it can act as an intermediary;
• with tenants, a civil contract is drawn up to which various documentation from the firm is applied;
• the organization from the received income should pay the tax calculated on the basis of the tax regime applied, and the companies can align several systems at once to save funds at the charges.

If the company is not the immediate owner of the object, it can take it into the sublease. Under such conditions, it is required to obtain permission to this activity from the owner.

What documents are required from the company?

If the landlord is a company, then the documentation is required to compile a contract:

• certificate from the register;
• constituent documentation of the enterprise;
• the right-point paper on the object confirming that the company really has the right to rent this placement;
• if an object is transmitted to the sublease, then the company should have permission from the owner to such activities;
• the founder, which is the owner of the business, can make a power of attorney on his employee, as a result of which the relevant authority appears to implement the transaction.

The most often firms with significant areas will lease them, since they do not use them alone for any purpose. The rental of non-residential premises ensures the flow of significant passive income, so many firms resort to this method of obtaining earnings. When drawing up an agreement with the company, one should certainly register it in Rosreestre.

Renting objects for rent by the municipality

The administration of any city owns many different real estate objects that may be residential or non-residential. In this case, the authorities of the city may decide on the need to pass these facilities to rent direct users. Funds received from such activities will be sent to the local budget.

Under such conditions, it is required to comply with the correct order of delivery of objects. For this, the nuances are taken into account:

• to determine the tenant, official trading are certainly carried out;
• a leased contract is held with the bidders that offers the highest rent;
• trading are carried out in the form of auction, and individuals, IP or organizations can participate in it;
• to participate in the trading, you need to submit a special application on the website of the Region administration;
• only after registration, all participants are invited to auction;
• payment by all applicants pledged submitted by an entry fee, and it is usually equal to 10% of the value of the object;
• the cost of rent is calculated on the basis of the cadastral price of real estate;
• if an application is applied to only one contender, then the bidding is not conducted, therefore the applicant draws up a lease without auction.

The administration may provide an opportunity to arrange a contract for a long time exceeding 10 years.

Rules for drawing up contract

No matter who stands for the landlord, it is important to competently draw up a lease. It is with its help that a competent design of the property transaction is carried out. The contract of lease of non-residential premises necessarily contains the following information:

• the place and date of it is indicated;
• parties participating in the transaction are prescribed;
• if the participants are the individuals, they are prescribed by F. I. O., birth dates and information from passports;
• if a company is a tenant or landlord, its details are indicated;
• prescribed technical features object of real estate, as well as the address of its location;
• the conditions are listed on the basis of which real estate can be used;
• the term and rental costs are indicated;
• it is allowed to include a clause, on the basis of which in the future, the tenant will have the opportunity to redeem real estate;
• the rights and obligations are given to each participant of the transaction;
• the responsibility of the parties is indicated, since if they are to violate the contract items on different grounds, it will apply to different sanctions or other measures of impact;
• conditions are given on the basis of which the contractor may be terminated;
• listed situations where you have to go to court to solve various conflict issues;
• different force majeure fit, in which the transaction participants should behave concretely.

This documentation is not required to assure a notary. With this official document, the procedure for renting residential and non-residential premises is regulated. Documentation is drawn up in three copies, since one remains at the lessor, the second is transmitted to the tenant, and the third is used to register in Rosreestre. The contract only comes into force. It is allowed if there is an agreement between the parties to the contract prolongation. The sample of the contract is presented below.

Rules for making an act of acceptance

As soon as the contract is drawn up, on the basis of which the lease of non-residential premises is carried out by an individual entrepreneur, a private individual or company, it is required to transfer the object to the tenant.

The transfer is carried out directly in the deadlines specified in the contract. To do this, it is advisable to make an act of acceptance and transmission. A document is formed in the presence of third parties confirming that really participants in the transaction are conscientious and capable.

The document lists all the parameters of the available real estate to which refers:

• state of floor and wall coatings;
• the presence of sanitary devices;
• location and technical features of communications.

If there is furniture in the room, then it should be listed, and also specify in which it is.

What tax modes are used by the landlord?

Owners of property renting real estate receive some income from this process from which tax is required. Private faces pay 13% from all incomes. Due to such a high tax burden, leasers prefer to open an IP or firm. For calculations, different tax modes can be selected:

• USN According to this regime, 6% of all cash receipts or 15% of net profit are paid. Local authorities may increase rates for office or trade real estate. As a tax base comes income over the year of work or profits from activities. For small businesses, benefits are introduced by some regions. In addition, at the expense of tax enumerations, the amount paid by entrepreneurs for themselves in PF and other funds is reduced.
• Patent when renting non-residential premises. Such a tax system is considered the most profitable for many entrepreneurs. Only IP patent can apply. Leasing of non-residential premises under such conditions does not require the preparation and delivery of different reports in the FTS. Therefore, it is enough to initially acquire a patent for the optimal cost for a specific period of time. May acquire patent IP at different periods. Rent of non-residential premises with this mode is considered a favorable process.
• Open Rarely this system is chosen for renting objects, as it is necessary to pay a large number of taxes and engage accounting. Usually this mode is used by firms that do not want to combine several systems.
• ENVD. The rental of non-residential premises for this mode is usually selected only if there is a small object. If the room has a significant area, it is more advisable to choose a USN or patent. When calculating UTII is taken into account physical indicatorrepresented by real estate. Therefore, it is optimal to choose this mode if the object in size does not exceed 30 square meters. m.

The choice of a specific system depends on direct tenants. Some firms and IP prefer to combine multiple modes at all, which makes it possible to reduce the tax burden.

Conclusion

Delivery of different non-residential premises for rent is considered a favorable process. It can be carried out by private individuals, IP or companies. Firms may not be at all owners of objects, therefore they act only by intermediaries.

The procedure for the provision of real estate for rent involves competent design of the transaction, for which the official agreement registered in Rosreestre is determined between the participants.

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For renting non-residential premises, for example, under the store involves the search for a suitable object and the conclusion of a written contract. It is necessary not only to correctly fill in all its sections, but also comply with the exact sequence of actions. How to pass a non-residential premises from a legal point of view?

Legislation

Rental questions non-residential objects regulated by the Federal Law "On State Registration of Rights to Real Estate and Transactions with Him" \u200b\u200band the Civil Code of the Russian Federation. According to the legislation, the non-residential facilities include those that are part of the buildings, but are not suitable for living.

Alone to rent a non-residential premises mayow on a contractual basis. It can be imprisoned only in writing. If the lease is provided for up to 12 months, the contract does not have to register. If the lease is issued for a period of more than 1 year, the contract should be registered in the prescribed manner in Rosreestre. Landlords undertake to pay taxes from rent received from the lease within the deadlines established by the legislation.

Sequencing

The owner has the right to rent a non-residential premises in an apartment building, in an office or shopping center. It is necessary to know the sequence of actions that must be respected by both parties to the transaction.

Selection of real estate

The search for a suitable object is the most difficult stage. The tenant selects the premises based on parameters such as transport accessibility, infrastructure and permeability. The search can be carried out through real estate agencies and specialized sites. Experienced businessmen pay a lot of time to this process.

The non-residential real estate market is divided into premises in the following appointments:

• Office;
• Trade;
• Production;
• Warehouse.

It is necessary to initially determine the type of real estate, the area of \u200b\u200bthe location, the floor and the square. The request is easier to form when this data becomes clear. After selecting several options, the future tenant conducts an inspection of the premises. This is the necessary stage. The landlord must submit a room with favorable sides. But you should not hide the available flaws, as they subsequently can manifest themselves. And this may lead to a termination of the lease agreement.

If there is no time to search for the room, the tenant can pass this operation to a trusted person or an intermediary. All parts and required parameters are reported. These are paid services that are paid in the amount of from 50 to 100% of the monthly rent. With a mediator, you must conclude a contract. Payment must be made after the selection of the appropriate room.

Conclusion of the Treaty

It is better to attract a lawyer to this process. It will help properly compile a contract and explain the controversial moments, and also check the legal purity of the transaction. This work You can do yourself. Before signing a contract, you must request the following documents:

1. property Documents;
2. floor plan;
3. authorized documents of the owner.

After checking documents, lease conditions should be discussed. They can touch the following items:

• payment of utility payments;
• rental of rent;
• time of delivery of the premises;
• availability of telephone and Internet access;
• hold repair work;
• terms of termination of the contract.

It is important to discuss who from the parties each item is fixed and obligations are fulfilled in which time. The agreements reached are prescribed in the contract or in the form of additional agreements to it.

In the contract, it is important to make a point on actions upon the occurrence of force majeure.

It is better if the tenant and the landlord will sign an agreement in the personal presence without intermediaries. In this case, it is easier to solve controversial moments, the parties can go for some concessions. When drawing up a treaty, it is important to fully register information about the property. They should include a full address, floor, room area. The Agreement should attach the plan of premises. Only in this case, the agreement can be considered valid.

The contract is signed in 2 copies if the rent is provided for up to 12 months. If planned long term rental From 1 year, 3 copies of the contract signed. Alternatively remains at the lessor and tenant. Another instance remains at the registrar.

Transmission of the room

After signing the contract, a transmission act from the landlord is drawn to the tenant. The day of his signing will be considered the beginning of the lease. The act is subscribed only after the room will be fully verified. If a malfunction is detected during inspection, it is fixed in the act. This avoids unnecessary expenses in the future.

The analysis allows you to require a tenant to eliminate defects and malfunctions, reduce rent. Therefore, the owner is better to put premises and communication in order. After signing the transfer act, the tenant can fully use the room and conduct entrepreneurship.

According to current legislation, the contract must contain the following main conditions:

1. Parties to Agreement - Tenant and Lessor. In accordance with Art. 608 of the Civil Code of the Russian Federation, the right to pass non-residential premises belongs to the owner.
2. Subject. Indicate detailed features premises. In accordance with paragraph 3 of Art. 607 of the Civil Code of the Russian Federation, in case of their absence, the agreement is considered invalid.
3. Terms of use of real estate. They can be fixed as detailed as possible. It is indicated who is obliged to carry out cosmetic and overhaul.
4. Payment. The amount of payment is recorded. Without this, the contract is considered to be gratuitous, and this is not permissible for rental agreements.
5. Validity. It is determined by the parties by mutual agreement. If it is not defined, the contract will be considered concluded for an indefinite period.

The contract, the period of action of which is less than 12 months, is not subject to mandatory registration. If after its end is another agreement for a similar time, also does not require registration. The contract for a period of 12 months is subject to mandatory registration. But it is important to take into account that on the basis of articles 619 and 620 of the Civil Code of the Russian Federation, perhaps early termination of the contract.

The tenant can convey real estate under the Subarente Treaty. But this is possible only with the consent of the landlord, which is the owner of the object. The sublease treaty also needs to be registered in established by law order.

But it is important to take into account that the early termination of the lease agreement is possible. This right is the lessor, and at the tenant. In fact, the parties of the transaction have complete freedom of action. But the contract should contain the grounds for which early termination.

The following sublease features exist:

• The period of action is limited to the term of the lease agreement with the owner;
• If the lease agreement terminates, the subtenant has the opportunity to renew the contract with the owner until the end of the subaren period under the same conditions;
• If the contract is concluded for a period of 12 months, it must be registered.

Allocate the following rights and obligations of the tenant:

1. Implementation of control over the use of the premises for the purpose.
2. Timely rental payment.
3. Performance by agreement of the parties.
4. The content of the room is properly.
5. Drawing up a transfer act with a sublender.

For any violations of the obligations received, each part of the transaction has the opportunity to terminate the obligation until the end of the contract.

Required documents

Under contracts concluded for a period of 12 months, state registration is carried out. For this, the following package of documents is formed:

• statement of the established sample;
• lease agreement with all applications;
• cadastral passport;
• russian passports - for individuals, guidelines for legal entities;
• power of attorney if the documents submit a representative;
• notarious consent of the spouse or spouse if the object is in collaborative ownership or was married;
• permission from the guardianship and guardianship authority if the property is decorated for an incompetent or minor citizen;
• written permission from the mortgagee, if the property is pledged;
• receipt of payment of state duty.

Taxes

Such taxes for renting non-residential premises. The optimal tax regime is a simplified tax system. Special tax regimes possess not only the simplicity of accounting, but also less tax burden. The following features are valid:

1. if the cadastral value is determined and a special regional law is valid, tax on office, administrative and trade real estate is paid;
2. at the local level, the rate is 2%.

If a special law is not accepted at the local level, the following bets are set for entrepreneurs on the simplified tax system:

• USN 6% - from the total income;
• Usn 15% - from income less expenses.

If the organization is on general System Taxation, a high tax burden is established. In this case, the rental business is not profitable. Traditionally, three main taxes are installed:

1. on the profit of the organization and NDFL for IP - 20% for legal entities and 13% for entrepreneurs;
2. on property - 2% in cadastral value and 2.2% when calculating from residual value;
3. added value - 18%, if the quarterly revenue is more than 2 million rubles.

How not to pay income taxes received for renting non-residential real estate?On the one hand, legislation establishes the obligation to pay taxes on all lease agreements. If the contract is issued for the period of 1 year, it is registered in Rosreestre. This information is transmitted to the tax service in accordance with the Information Exchange Agreement. If the contract is decorated for the period up to 1 year, the tax service will have to prove the fact of lease, which is not always possible.

The current legislation implies administrative and criminal liability for the implementation of illegal entrepreneurship. Criminal liability is established if unlawful entrepreneurial activities are conducted or large profits are extracted in the amount of from 1.5 million rubles.

In the event of a fixation of the violation of the judge, the specific circumstances of a person and many other factors are taken into account. As a rule, there are no problems in the event of an apartment or a country house. If a non-residential object is surrendered, several signs of entrepreneurial activity can be distinguished. If the room is bought directly to lease, activities require registration, as it is recognized by entrepreneurial.

The same refers to the rental long time or to treaties that renew multiple times. This feature is interpreted as a fact of systematic and intentional profit from ownership of a non-residential facility. If these signs are revealed, a citizen is recommended to register an IP. In this case, the tax is 6% of the total income. NDFL is 13%.

The owner of the premises should annually apply tax reporting.

Thus, the rental of non-residential premises has its own series of features. It is necessary to legally competently compile a contract, to provide all the features of the agreement and pay taxes in a timely manner. This will avoid problems in the future and on the legitimate basis to make a profit.

Rent a non-residential premises in 2018 - Alone, Documents, Rules

Individuals in Russia can be owners not only by residential premises, but also non-residential - those who are not registered in the residential fund settlement or city (clause 1 of Article 1213 of the Civil Code of the Russian Federation). Therefore, the owners of this type of real estate can dispose of it at its discretion - including to lease (paragraph 1 of Article 541 of the Civil Code of the Russian Federation).

Transactions for renting non-residential premises, in which civilians are civilians, are concluded according to certain rules, in many respects similar to transactions with legal entities or individual entrepreneurs.

There are general rules, obeying which can be effectively and quickly to rent real estate, which is not in the residential foundation.

In addition, there are features in the hiring of non-residential real estate in gratuitous form, or vice versa, physical face, and so on.

Consider for example several options for situations under which the transfer of non-residential premises is possible in its conditions.

Based on paragraph 1 of Article 209 of the Civil Code of the Russian Federation, as well as other legal regulations, the owner, being an individual, can take real estate that is not consisting in a residential fund.

And for this, he does not need to become an individual entrepreneur (hereinafter - the IP) to legally receive income from renting the premises or a non-residential building, facilities.

If the owner of the real estate does not use regular employee employees, then the law allows IP (paragraph 1-4 of Article 19 of the Civil Code of the Russian Federation).

At the same time, all contracts that are committed to individuals with similar rental transactions will be legally considered as a civil-law GPC treaty.

And this means that the rent can be completely calmly established in the arrangement of a contractual conclusion of the lease agreement.

You need to say a few more words about the case when an individual leases a non-residential premises to a legal entity.

Here it is important to take into account the following points of the text of the contract, which will affect the accounting department of the employer:

1. It must be specified about the facility - accurate address, location, cadastral account number, operational and technical information (for example, area, floors, landscapping for work and so on).
2. No VAT to pay YUR. The person is not required because the contract is not a different enterprise, but with a citizen (citizen).
3. The rental price may include utility payments. It is convenient for the correct accounting of the cost of the enterprise.
4. In the contract, the form of calculation should be determined - non-cash, or with the payment of cash in cash.
5. Yur. Person paying Facing a fee for temporary use by his property is also a fellow tax payer for personal income tax (clause 1 of Article 226 of the Tax Code of the Russian Federation). Therefore, the company can independently list 13% in the tax organization for this transaction.

Thanks modern system payments, legal entities can be calculated with individuals on non-cash form of settlements.

Simply indicate in the contract you need bank details of accounts, a plastic map of an individual, where the tenant will list the fee for the use of landlord citizen.

Note! If a legal entity entered into a lease agreement on a non-residential premises, who is owned by an individual, and if the latter becomes in the middle of such an individual contract, then JUR. The face of paying 13% of the tax from the transaction will not need. There is a system of taxation to be accomplished according to a different scheme.

Is it possible to pass fiz. face

The legal entity, or an individual entrepreneur, who is the owner of non-residential premises, has the full right to lease him to the physical face. There are no prohibitions in the legislation. IN this caseIt is best to navigate on Art. 606-670 Civil Code of the Russian Federation.

In the lease agreement, it will be necessary to indicate:

• oKVED OKVED. Persons (70.20.2);
• the term of the agreement;
• personal information Phys. persons;
• full room characteristics;
• cadastral object number;
• rental amount;
• payment procedure by the tenant (physical face) fees for the use of the room to the Lessor (JUR. Person);
• specify the details and special moments of rental (rules, regulations, the possibility of repair and other).

In principle, all the same thing is happening when making a transaction with IP and an individual. Only instead of the Charter and Certificate from the Incorporation, an individual businessman, a notary for making a transaction applies to the certificate of Eagle.

Whether it is possible to free

In Russian legislation, there is no coercion by the owner of non-residential premises to give their property to rent without fail. This is the right of owner, and not his duty before the law.

Therefore, a gratuitous transaction is also possible, as well as paid, despite paragraph 1 of Article 540 of the Civil Code of the Russian Federation, where it is that the tenant undertakes to pay for the service to the owner of the property.

A sample contract of lease of non-residential premises between individuals you can see in this article.

With realtors, you can take your property for rent much faster and more efficient. They find the buyer of rental services faster than it was fashionable to implement on their own.

Documentation

The entire procedure for making a lease of non-residential premises only through the conclusion of a special agreement with the notarial certificate. Therefore, the transaction to the notary should be recorded in advance if the buyer has already been found.

When the landlord is going to prepare a packet of papers for making a deal, then it will be needed the following documents:

• civil passport if he is an individual;
• certificate of registration of a legal entity, if this is an enterprise;

• expanding documentation on non-residential real estate - certificate from EGRN, sales contract, other;

• technical documentation on the immovable object;
• power of Attorney, if there are representatives of the Parties to the transaction;
• consent from the spouse if the landlord is Piz. Face and real estate is in collaborative owned by marriage;
• the permission from the bank, if the property is in the depreciation alienation on a mortgage or other agreement.

In addition to the above-mentioned papers belonging legal entities, There are requirements for them to take a number of other documents. This is the accounting statements, constituent documentation, attorney for the representative and so on.

In the case when HOA gives a rent of a non-residential premises, we also see a legal entity.

Such partnerships are based on their constituent documentation, filled with no participation by the resident of the house (houses). Such societies have the right to dispose of non-residential areas belonging to the partnership.

Register a prisoner lease in the regulation (Rosreestre, EGRN - the Unified State Register for Real Estate) is not necessary if:

• the term of the agreement is set smaller than 12 months;
• the term in the contract is not indicated at all.

In the reverse case, when the period of action of the agreement was established for more than 12 months, then registration in EGRU such a contract is obligatory.

Alone

Before designing a transaction for renting non-residential real estate, you must first figure out why it will be applied by the tenant (tenant), for what purpose will be used.

Possible target options when renting non-residential premises:

• under the warehouse;
• as a production workshop;
• use of the room as an office;
• trading area (dot);
• to provide services (trade in services);
• as a garage;
• for the content of animals, birds, growing plants;
• for personal use (for example, as a storeroom for storing different things, tools, equipment) and more.

In addition to the target, pay attention to the area, size and layout of non-residential premises. For the formation of the cost of the rental fee, the square of the areas for renting in the rental is significantly affected.

The location of the object affects the convenience of production solutions, plans, schedules and other things. Therefore, to look for the future employer, according to what type and destination is an object of real estate.

In general, the order of independent lease of non-residential premises or building, the facilities are the following algorithm of actions:

1. Preparation and alignment of documents of the owner and papers at the real estate itself.
2. Preliminary calculation of the cost of rental.
3. Creating an advertising campaign.
4. Applying ads on the Internet or independent decay on the bulletin boards in the city.
5. Receiving calls from potential tenants.
6. Appointment of meetings and verbal deal on the transaction.
7. Appointment of a meeting at the notary.
8. Make a deal.
9. Registration of the contract in the regulation (if it is provided for by law in a specific case).
10. Issuance of keys from non-residential premises to the tenant and related documentation (for example, an act of receiving property in the premises).

To calculate the cost of the lease, you can invite a special expert appraiser who will be able to consider everything to consider modern market conditions and even taking into account forecasts for a year ahead.

Such services, of course, are not free, so there may be no real estate owner on them. But such an assessment allows the property owner to have on the hands of the expert settlement reports.

With such securities owner will be easier to bargain with future employers when setting prices for rental services.

Whatever passing for renting non-residential premises - through a realtor or individually, you should always consult a lawyer, or a notary of the full packet of packets to make a transaction.

Such consultations are usually free, they can be obtained, or by phone, or on the site legal services. Attention should be referred to the purpose of using the room, then it will be easier to find the tenant.

Important is the need to pay tax - it does not matter here, Piz. Face or Jur. The person is the owner of the premises - 13% of income, he is obliged to contribute to the state treasury through the tax inspectorate.

About the registration of the lease agreement for non-residential premises for a period of more than a year here.

Registration of a non-residential lease agreement is considered on this page.

Source: http://kvartirkapro.ru/sdat-v-arendu-nezhiloe-pomeshhenie/

Do not know how to rent commercial real estate? All about how to do it yourself and fast

Offices, warehouses, manufacturing and free assignments of the premises - all these types of facilities are in demand for entrepreneurs who have their own business or just beginner business.

To make commercial premises, they are simply so, their owners are often deciding to rent. How to quickly find a client, to conclude a deal with him, as well as all about the timing of the rental of non-residential premises in our article.

Dear readers! Our articles tell about typical ways to solve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call on the phone. It's fast and!

How to rent commercial real estate?

Rent a commercial object - the case is simple, and most importantly, profitable. With the right approach and knowledge of the main stages of the process, it is not much difficult to conclude a deal.

The most important thing is to determine the price, find a client and competently arrange a contract.

Consider all stages of the transaction.

Definition of value

With independent signing of the transaction, the definition of the rental cost is often not objective.

Each owner wants to get the greatest benefit.

But too high the price can scare potential tenants, but too low to cause doubts. Usually, for estimating the cost, owners turn to specialists - a realtor or appraiser.

How to rent a non-residential premises independently? You can do without the help of professionals. To independently determine the price, it is necessary to study similar offers of competitors. This will make it possible to understand the general situation in the commercial real estate market and correctly assess your room.

IMPORTANT: The tenant removes the commercial object in order to receive income, so when evaluating the cost it is important to take into account the exemplary possible profit, which it can get.

The price is affected by such factors as:

• area;
• layout;
• repair state;
• the presence of furniture, internet and other equipment;
• location;
• availability of parking;
• availability for business customers;
• patency.

After taking into account these items and monitoring competitors' proposals, you can objectively give an assessment to your object.

Client Search

Commercial real estate for rent from the owner involves the search for potential tenants.

Before doing this, you need to make a commercial offer or announcement.

It needs to specify all the features of real estate: area, floor, location, infrastructure, technical condition and equipment. Focusing in the ad is better at advantages.

At the same time, it is important to indicate the disadvantages of the room so that when viewing do not put yourself in an awkward position and do not hesitate the client.

Consider in more detail the ways of finding potential tenants.

1. Search by acquaintances. The easiest way to find a person interested in your suggestion is to ask familiar and relatives. Often, real estate owners rotate in business circles, which means that it simplifies the task quickly to pass its object.
2. Placing an ad on specialized Internet resourcesFor example, Avito. Plus this method is that your offer will be seen hundreds, or even thousands of interested parties. To find a tenant as soon as possible, you will need to write a good detailed announcement, while playing all the pros and cons of the room in it.

   The announcement must be accompanied by several photos.

   So a potential customer will be easier to make a decision, whether it is worth considering it or not.

3. Mailing Offer by email. Bars, restaurants, shops, salons and other organizations and institutions are often looking for premises for moving or opening another point. Learn email owners of businesses that may be interested in the official websites of their companies.

Presentation and signing of a document

The correct presentation of its possession is the key to the rapid conclusion of the transaction.

During the display of the room, try to tell more information about it, focusing on the pluses and possible profits that the object will be brought.

The conclusion of the contract is the last, but the most important and responsible step in the transaction. A properly compiled and executed document will protect the owner from the unfair reserves. What should be indicated in it:

• personal data of the remoteler and the owner;
• address, area and specifications;
• registration data;
• deadline;
• the amount of payment and the order of its transfer;

IMPORTANT: According to the law, the owner has no right to raise the fee more often than once a year. Therefore, the contract must be specified maximum size Possible increase in rent and the term for which the shooter will be warned about it.

In the document, it is important to describe the rights and obligations of the Parties in detail and indicate the nature of responsibility for violating each item. We will optionally supplement the agreement with the description of the property available in the room. After termination of the Agreement, the owner will be able to obtain monetary compensation if the furniture or techniques were corrupted by the removale.

The fastest way to rent a non-residential premises

How to quickly pass commercial real estate?

Those who do not want to spend personal time in search of customers, negotiations and shows, better contact the realtor.

He will evaluate the object, will establish the correct market valuewill make attractive photos, will make a competent announcement and will affect your property presentation.

However, even in working with agents there are nuances. As a rule, realtors work for commission from the sum of the delivery or sale of real estate.

The percentage fee is usually taken from applicants, not owners.

However, not every applicant will be ready to cooperate with the agent, which will have to pay money.

Therefore, if the owner needs to urgently find a remoteler, then he can pay the commission for himself. This is often practiced if the owner has many objects or he wants to pass luxury real estate.

The money paid to the agent will go not only in his pocket, but also on the necessary expenses - photos, video presentation, advertising, etc.

Another quick way to handle a non-residential building or office is to reduce the cost. At the same time, it is not necessary to pass it for a scentual, it is enough to reduce payment by 10%. Then your offer will be competitive.

Length rental

The term of the lease of non-residential premises is an important point. It happens three species.

1. Long-term - year or more.
2. Short - Less than a year.
3. For undefined period.

According to the Civil Code of the Russian Federation, Article 610, paragraph 2. if the contract is not registered, then it is considered to be concluded indefinitely. In this case, each party has the right to terminate him at any time, warning for three months about his decision.

The short-term contract is concluded for a period of no more than a year. How to extend the lease of non-residential premises? Extension occurs automatically for an indefinite period, if both sides are satisfied.

At the same time, the re-conclusion of the agreement is not required. In some cases, the owner can insist on concluding a new document to change the conditions or payment. This is possible only with the consent of the remoteler.

The long-term contract is subject to registration in the Fed. The extension of such a contract for the lease of non-residential premises occurs in the same way as short-term - automatically, with the same conditions, rights and obligations of the parties, or a new document with the changed requirements is concluded.

The early termination of the employment contract for a certain period is possible both by the owner and by the removal.

Such issues are solved in court or by mutual consent of both persons.

Knowledge important nuances And the possibilities for renting a commercial real estate will help conclude a profitable and secure deal that bring regular passive income.