It is beneficial to register a small LLC at a home address. But for this you need to know in what cases this is possible, what documents must be submitted to the territorial Tax Inspectorate.
Each LLC must have a legal address. If the organization does not have its own premises, then the managers of the company have to rent it, and this is an additional expense. Therefore, some LLC owners are interested in whether it is possible to register their offspring at a home address? Discrepancies in some laws allow this to be done.
State registration of a legal entity to a home address
The Civil Code states that the living area is intended for citizens to live. But if you transfer such a premise to the status of non-residential, then the registration of an LLC in this territory is possible.
This is written in article 288 of the Civil Code of the Russian Federation. And article 54 states that the registration of an LLC is carried out at the address where the current executive body, which is the director, is located.
This nuance gives the head of the LLC an excellent opportunity to register his brainchild at his home address.
But it must be borne in mind that:
- The living space must belong to the director of the LLC. Moreover, it can be registered here permanently or temporarily.
- If someone else lives in this area, you must provide the written consent of these people, which will indicate that they are not against this legal procedure.
- The type of activity of the company should not be one that cannot be carried out in residential premises (for example, complex production, provision of medical services, operation of a store). Such LLCs can be registered on a residential area if it is possible to transfer it to the category of non-residential area.
- It is impossible to register a company at the home address of a person who is not registered here or is not the owner of the premises.
What documents need to be provided
Since there is no clear legislative definition of whether the director of a company can register it to his home address, therefore, a positive solution to the issue depends on the specific IFTS, on the securities provided.
The legislative act says that in order to register an organization at a home address, only an application and a passport are needed, in which there will be a stamp with the registration address. But in order not to get a refusal, it is better to bring an additional package of documents. Submit a letter of guarantee to the tax office at the place of registration of the LLC, which will be written by the homeowners. If it is the director of the enterprise, then he will draw up the document himself. Here he will indicate that he agrees to register an LLC at this address. Attach a copy of the ownership of this property to this document.
But it is better, before visiting the territorial inspectorate of the Federal Tax Service, to consult exactly there about what documents you need to provide in order not to receive a refusal and register an LLC.