How do companies hire an IP manager and not get problems
The phenomenon, when an organization is headed by a management company or an individual entrepreneur, appeared a long time ago. Despite this, it is still quite a rare phenomenon and is developed mainly in Moscow and St. Petersburg. This is due, primarily, to the fact that Moscow and St. Petersburg, like no one, borrow the experience of foreign companies, where the management company at the head is not uncommon.
Sometimes this is done in order to cover up the actual beneficiaries, giving rise to a rather large chain of affiliates. Sometimes such a scheme can be used for the frank “laundering” of funds, but not for any criminal or even terrorist purposes. Everything is much more banal and more prosaic: we need cash simply because we need it. It is necessary for cheaper acquisition of materials and raw materials, it is needed to pay salaries of employees “in envelopes”, it is needed for representational and other expenses, it is needed for an unofficial premium for myself and many, many things more.
Previously, “cashing in” was done through other firms, which then quickly went bankrupt or went into “non-existence”. This is done now with different success. But tax and banks have learned how to deal with this and quickly calculate such firms, later organizing problems for everyone who has dealt with such “companies-cashiers”. In other words, the scheme has become dangerous. And this is one of the options for a partial solution to the issue of cash.
Basically, with the described suspicions of the tax and banks is connected with the fact that the managers may initially have questions.
But! If you see a company headed by the manager-IP, in no case, please, do not consider that he deliberately cashes something. The reasons for the introduction of the manager may be many. Elementary, it may just be convenient, it may be a matter of prestige. In the end, the manager can really be a “king” (he makes a serious company out of any “dummy”) in his business and it is more convenient for him to work that way.
Let’s take a quick look at the advantages of the manager at the head of the company:
In a civil contract, you can specify any responsibility for any results. At the same time, if damage occurs, the IP manager will respond with his property;
The manager may not actually be alone. After all, no one forbids IP to use the help of its employees;
The contract with the IP can be concluded for any term. Even its termination can be easier;
No taxes for the director. The manager, as an individual entrepreneur, pays for himself according to his tax system.
So, let’s say you decide to appoint an IP manager. What should be considered? First of all, the tax and banks will actively look to the IP manager, and may look for signs that the relationship with the IP manager is actually labor, which means you can get additional taxes and fine the organization.
What else to consider?
1. Decency of IP, if you have not dealt with it before.
It is checked in all possible ways:
Legal through many available services (“My business”, Casebook, “SPARK” and so on). In this case, we look at all the lawsuits that the company had, look at the income and expenses of the company, trademarks and everything that can somehow give an understanding of the effectiveness and decency of the manager;
News – see what information is there about him on the Internet and in the news;
We study the reputation of a person (after all, you trust him to do your job).
2. It is fundamentally important that the PI is not previously your employees.
Or even if there was, then some time should pass. Why? Judge for yourself: he worked for you, he worked for you, then overnight he became a company manager in the status of an individual entrepreneur … with a higher salary. What does tax say? Will say that it is strange, but do not you leave from taxes? And let’s check it out. Do you need it?
On the other hand, this is not directly prohibited by law. Yes, and you can justify it with quite simple things: he was a director, so he knows all the subtleties, the manager’s reward can “float” depending on the results and be not only zero, but also be negative (the manager will also have to company) and so on. But still it is a risk.
3. Documents with IP should be made correctly.
What does “competently” mean? We open Article 57 of the Labor Code of the Russian Federation and read its content: “The employment contract includes: place of employment … labor function (work according to the staffing table … conditions of remuneration … working hours and rest time … guarantees and compensation for working with harmful and (or) hazardous working conditions, if an employee is hired for work in appropriate conditions, indicating the characteristics of working conditions at the workplace … working conditions at the workplace ”and so on.
So, these moments should not be! The managing director-IP is not an employee, but a person engaged in entrepreneurial activity in managing an organization.
Include these conditions is the same as for the tax and Pension Fund to hang a red rag and write on it “We are breaking here.”