Features of the declaration of belonging to small businesses. Declaration of belonging to the SMP: how to take part in public procurement Declaration of compliance of the participant with the requirements of the SMP

Here we will give a sample, in accordance with which you can fill out a declaration of belonging to small businesses in accordance with Part 3 of Article 30 of 44-FZ. This declaration is required for participation in procurement procedures with limited participation only by SMP, SONKO, etc. The declaration must be filled out on the letterhead of the organization.

SMP declaration according to 44-FZ sample 2018. Download the form.

You can download a sample in .doc format for self-filling at the end of the article by clicking on the link.

Declaration

on the belonging of Romashka LLC to small businesses.

By this declaration we confirm that:

In accordance with Article 4 of the Federal Law of July 24, 2007 No. 209-FZ “On the Development of Small and Medium-Sized Businesses in the Russian Federation”, Romashka LLC belongs to small businesses and meets the following conditions:

1) The total share of participation of the Russian Federation, constituent entities of the Russian Federation, municipalities, foreign legal entities, public and religious organizations (associations), charitable and other funds in the authorized (share) capital (share fund) of Romashka LLC does not exceed twenty-five percent , the share of participation owned by one or more legal entities that are not subjects of small and medium-sized businesses does not exceed twenty-five percent.

2) The average number of employees of Romashka LLC for the previous calendar year does not exceed one hundred people, inclusive.

3) The proceeds of Romashka LLC from the sale of goods (works, services) excluding value added tax or the balance sheet value of assets (residual value of fixed assets and intangible assets) for the previous calendar year does not exceed 800 million rubles.

General Director _________________ Ivanov I.I.

Download from our website in Word (.doc) format - Option 1, Option 2

Current for 2018. From August 1, 2016, instead of this declaration (or jointly), an extract from the unified register of SMEs should be attached (if information about this legal entity/entrepreneur is included in it).

Reporting of SMEs (reporting of small and medium-sized businesses)

Refine costcalculated
individually

The cost of reporting SMEs depends on the amount of waste

Reporting deadline

– from 2 working days (excluding approval in the SZU of Rosprirodnadzor)

Document validity period

Grounds for reporting SMEs

Small and medium-sized businesses, which include legal entities and individual entrepreneurs as defined by the Federal Law of July 24, 2007 No.

How to draw up an SMP declaration under 44-FZ in 2018

N 209-FZ "On the development of small and medium-sized businesses in the Russian Federation", as well as other legal entities are required to comply with the requirements of environmental legislation in terms of waste management.

Environmental legislation in terms of waste management takes into account the characteristics of small and medium-sized businesses and provides for the following:

  • Based on paragraph 3 of Article 18 of the Federal Law of June 24, 1998 No. 89-FZ “On Production and Consumption Waste” (as amended on December 30, 2008), it is determined that small and medium-sized businesses are exempt from developing draft standards for waste generation and limits for their accommodation (PNOOLR).
  • In accordance with the Order of the Ministry of Natural Resources of Russia dated February 16, 2010 No. 30, small and medium-sized businesses are required to account for and report on the generation of waste. Order of the Ministry of Natural Resources of Russia No. 30 dated February 16, 2010 approved the Procedure for submission and control of reporting on the generation, use, neutralization and disposal of waste (with the exception of statistical reporting).

Requirements for the submission of reports to the SMSP, approved by the Order of the Ministry of Natural Resources of Russia dated February 16, 2010 No. 30

  • Reporting is compiled on the basis of primary accounting data of generated, used, neutralized, transferred to other legal entities and individual entrepreneurs, received from other legal entities and individual entrepreneurs or individuals, as well as placed waste.
  • OSMSP must be submitted to the territorial body of Rosprirodnadzor at the place of its business activities. In the case of several places of activity, it is necessary to submit several reports, breaking them down by territory and submitting data for each place of activity to the relevant territorial bodies of Rosprirodnadzor, or submit a single report for the Russian Federation to each of the territorial bodies of Rosprirodnadzor.
  • Reporting must be submitted by January 15 of the year following the reporting period of one calendar year.
  • Reporting is prepared on paper (2 copies) and on electronic media (1 copy).

Download Order No. 30 dated 16.02.10. "About the Small Business Waste Report"

When compiling SME reports on their own, heads of small and medium-sized businesses experience considerable difficulties in filling out information such as:

  • balance of masses of generated, used, neutralized, transferred to other legal entities and individual entrepreneurs, received from other legal entities and individual entrepreneurs or individuals, disposed of waste during the reporting period;
  • data on the masses of waste transferred to other legal entities and individual entrepreneurs are presented in total for each type of waste and broken down by the masses of waste sent for use, neutralization, storage (broken down by the masses of waste transferred with the transfer of ownership, and by mass of waste transferred without transfer of ownership), for disposal (disaggregated by mass of waste transferred with transfer of ownership and mass of waste transferred without transfer of ownership);
  • data on the masses (in tons) of transferred waste, grouped by each type of waste, indicating its name, code according to the federal classification catalog of waste, hazard class, purpose of transfer (use, neutralization, disposal).

We offer you qualified assistance in compiling, submitting and monitoring reports on the generation, use, neutralization and disposal of waste (with the exception of statistical reporting).

Thank you for visiting our site.
We hope that our proposals will interest you and our cooperation will be long-term and fruitful.

How to fill out the SMP Declaration for 44 fz example

Not all companies need to keep accounting records. However, every enterprise needs to submit reports, however, a simplified form has been created for small businesses. For example, only 11 lines remain in the balance sheet: 5 for assets and 6 for liabilities. In addition to it, you need to fill out a report on financial results and submit these 2 documents to the tax service and Rosstat before March 31.

Reporting to the state on the results of activities is the duty of any enterprise (Federal Law of December 6, 2011 N 402-FZ).

And this must be done in a timely manner. Failure to submit reports entails fines and increases the likelihood of a tax audit.

Small Business Reporting

Accounting requirements are given in the Federal Law of December 6, 2011 N 402-FZ. The basis of financial statements is the balance sheet and income statement. It is also necessary to draw up an explanatory note, if necessary.

The financial statements of small enterprises can be complete or simplified.

The simplified form can be used:

  • small business;
  • non-profit organizations.

This can only be done if the field of activity is not on the list of exceptions. In particular, the firm does not apply to microfinance companies, legal advice, notary and law firms.

Criteria for small businesses

Companies are classified as small businesses if:

  • their revenue without VAT for the last calendar year amounted to 800 million rubles;
  • the average number of employees did not exceed 100 people;
  • the share of the state, funds, large companies up to 25%.

Rice. 1. Small business

At the same time, it does not matter at all what system of taxation the company applies, because. only requirements for financial reporting and accounting depend on this status. Tax accounting is different.

However, in 2015 all simplified enterprises are automatically equated to small businesses. It's simple: in order to apply the simplified tax system, revenue should not exceed 64 million rubles. per year and this value is included in the limit of 800 million rubles. But, again, if the company is suitable for the share of the state / funds. The composition of the founders in this matter is important.

The status of a small enterprise is assigned to a company if, for three consecutive years, it meets the criteria listed above. For example, 2013, 2014 and 2015 For a company to be classified as a small business, you do not need to submit any documents anywhere.

If the company has just registered, then in the first year, subject to the limit on operations, the number of employees and the appropriate composition of the founders, then the company automatically refers to a small business.

Accounting documents

Small companies can generate reports according to a simplified scheme. But they also have the right to do so on a general basis. Each company decides this issue independently. In addition, the form can be developed independently.

In both cases, 2 documents must be submitted (download the reporting form for 2015):

  • balance;
  • statement of financial results (earlier - income statement).

The difference between them lies in the need for detail. In a simplified version, you do not need to paint everything according to the articles, in general it is necessary to do this. In the first case, a simpler form, in the second it is more complicated.

Before filling out the documents, it is necessary to make final entries for the year, close all company accounts.

Rice. 2. Small business balance sheet

For comparison: the full form of the liability section “V. Short-term liabilities of OAO Gazprom for 2014.

Rice. 3. Example of one section of the full form

In the simplified form, unlike the full one, there is only one line.

Rice. 4. Form of the income statement

If you need to specify additional information, without which it is impossible to assess the financial condition of the organization, or you need to disclose the principles of accounting policies and other important information, make up an application.

How to fill out forms

The basis for filling out forms is accounting data. Before filling, you must make all the transactions and close open accounts (download the completed example).

Changes cannot be made. If it is not possible to enter the necessary information in a simplified form, a general form should be used.

Errors can be corrected. How to do this is described in the video:

When aggregating indicators, the line code must indicate the one from the group whose share is larger.

To whom to report

If an enterprise is registered after September 30, then it must report not in the next year, but in a year and for the entire period from the start of business.

You need to report for the year, you do not need to fill out intermediate forms. But you can do this for self-examination or at the request of the company's management.

Reporting is required to 2 authorities:

  • tax office;
  • Rosstat.

Note: For small businesses, accounting can be done independently (saving on an accountant) using the My Business Internet service.

Pyotr Stolypin, 2015-09-05

Questions and answers on the topic

No questions have been asked for the material yet, you have the opportunity to be the first to do so

Declaration of belonging of the company to the SMP: document structure What exactly should be reflected in the submitted document? The most important thing is to record in this declaration the fact that the company has the status of "SPM". This is done by listing all the criteria that are stipulated in the legislation, namely: its ongoing activities; the nuances of the distribution of shares in the ownership of the organization; the number of employees; average monthly income. At the same time, there can be quite a lot of criteria that this organization belongs to the SPM. Since quite a lot of concepts and norms can fit under them. In order to better understand this topic, it is necessary to expand on this topic in more detail.

Declaration of conformity for small businesses (sample)

  • acquisition of works of art from the author or owner of the rights;
  • obtaining assistance in organizing membership in various events that are held for a group of government agencies;
  • when acquiring the provision of services related to the imminent arrival of representatives of state structures from abroad;
  • when purchasing a set of services related to the supervision of the technical and author's direction;
  • acquisition of goods necessary for the continuation of the work of places under state protection;
  • when buying medicines, etc.

InfoWhat is a declaration of belonging to the SMP The declaration of belonging to small businesses is a document used to participate in public procurement. It is sort of an advantage when it comes to determining the best supplier.

We study the SMP declaration according to 44 fz

Federal Law No. 209-FZ of July 24, 2007 (as amended on December 29, 2015) “On the Development of Small and Medium-Sized Businesses in the Russian Federation”5) Restriction on the total share of participation of foreign legal entities and (or) legal entities that are not subjects small and medium-sized businesses, does not apply to limited liability companies that meet the requirements specified in subparagraphs "c" - Art. 4 of the Federal Law of July 24, 2007 N 209-FZ (ed.

Declaration of belonging to small businesses (SME)

This procedure is again entrusted to the company filling out the paper, and it is imperative to put down:

  • seal;
  • leader's signature.

What is indicated in the declaration of belonging to small businesses You can prove that an entrepreneur belongs to the desired category by declaring a form in your own style, however, there is a list of criteria that must be indicated in it, confirming that the company is in the small business sector. Note! The criteria by which the status and ownership of a company is determined are constantly changing.

Substitutions and additions are made on a regular basis. For 2017, this list of requirements is valid, related to the quantitative composition of companies and the amount of income they receive, excluding value added tax.

searching results

Table 1.

Declaration of belonging to small businesses

TIN / KPP, OGRN, legal address) represented by General Director Sergei Leonidovich Egorov (position and full name of the head / representative of a legal entity or individual entrepreneur) declares that he belongs to small businesses on the following grounds.

  1. The total share of participation of the state and its subjects, municipalities, foreign organizations and citizens, public and religious associations, charitable and other foundations in the authorized capital is 42% (no more than the statutory limit of 49%).
  2. The average number of employees for the previous calendar year is 100 people (within the legal norm for small enterprises of 100 people).
  3. Annual proceeds from the sale of goods (works, services) - 764 million rubles. (within the norm for a small business up to 800 million rubles.

Attention Payment terms Separately, it should be noted that if such a restriction is established, the payment term for SMP under 44 FZ is almost two times shorter than in other orders. In this case, the time for payment of the SMP under 44 FZ is 15 days (working, not calendar, pay attention to this) from the moment the obligations under the contract are fulfilled.
Whereas the payment term for other contracts is 30 calendar days. Who belongs to the SME under 44 FZ These are legal entities registered in the prescribed manner (business companies, partnerships, peasant farms) and individual entrepreneurs (Law No. 209).


Criteria for belonging of certain persons to such subjects have been established.

The economic company, economic partnership received the status of a project participant in accordance with the Federal Law of September 28, 2010 N 244-FZ "On the Skolkovo Innovation Center" yes (no) - 3.4 The founders (participants) of the economic company, economic partnership are legal entities included in the list of legal entities approved by the Government of the Russian Federation that provide state support for innovation activities in the forms established by Federal Law No. 127-FZ of August 23, 1996 “On Science and State Scientific and Technical Policy”6.

Being a small or medium enterprise is beneficial. There are many benefits for such entities, so if you get into the Unified Register of Small and Medium-Sized Businesses, then a company or entrepreneur can count on state support and save money, for example, on taxes. In addition, small businesses have access to public procurement and are exempt from inspections until 2019. To confirm the status of a small or medium-sized enterprise, you need to check whether the company meets the criteria that the law defines. And then make sure that the company is included in the register.

Which enterprises are classified as small and medium

Small and medium-sized businesses can become (Article 4 of the Law of July 24, 2007 No. 209-FZ "On the development of small and medium-sized businesses in the Russian Federation"; hereinafter - Law No. 209-FZ):

  • production cooperatives;
  • consumer cooperatives;
  • business companies;
  • business partnerships;
  • individual entrepreneurs;
  • peasant (farm) enterprises.

These individuals must meet three criteria:

  • the composition of the founders;
  • number of employees;
  • the amount of income.

The composition of the founders

This requirement does not apply to individual entrepreneurs and companies whose founders are only individuals. It doesn't matter if they are Russian or foreign. If the company's shareholders include other founders, then their share should not exceed:

  • 25 percent in total if these are state entities (the Russian Federation, its subjects, as well as municipalities);
  • 25 percent in total if these are public and religious organizations and foundations;
  • 49 percent in total if they are other organizations.

These limits do not apply to:

  • organizations that are themselves small and medium-sized businesses;
  • shareholders of the high-tech (innovative) sector of the economy;
  • organizations that use the latest technologies developed by their founders - budgetary or scientific institutions;
  • organizations whose founders are on the list of persons providing state support for innovative activities.

Number of employees The average number of employees for the last calendar year should not exceed:

  • from 101 to 250 inclusive - for medium-sized enterprises. The Government of the Russian Federation may establish a different value if the main activity of the organization is related to light industry (production of clothing, textiles, leather products, leather processing);
  • up to 100 inclusive - for small businesses;
  • up to 15 - for micro-enterprises.

Income Limit values ​​of income from entrepreneurial activity for the last calendar year should not exceed:

  • for medium-sized enterprises - 2 billion rubles;
  • for small enterprises - 800 million rubles;
  • for micro-enterprises - 120 million rubles.

Such values ​​were approved by the Government of the Russian Federation in Decree No. 265 of April 4, 2016 “On the marginal values ​​of income received from entrepreneurial activities for each category of small and medium-sized businesses.” Income from entrepreneurial activities is summarized for all types of activities and applied to all tax regimes. Belonging to small and medium-sized businesses is determined by the highest of the three indicators. The category of the enterprise will change if the following values ​​deviate from the indicated values ​​for three calendar years in a row:

  • list of participants;
  • number of employees;
  • the amount of proceeds from the sale of goods, works and services.

How to verify SME status

To confirm your status as a small and medium-sized enterprise, you need to get into the Unified Register of Small and Medium-Sized Enterprises and obtain an extract from the register.

How to get into the register

The Unified Register of Small and Medium Enterprises is maintained by the Federal Tax Service of Russia. To get into it, you do not need to submit any documents. The tax service enters information into the register automatically. The register is formed on the basis of information on income and the average number of employees, data from the Unified State Register of Legal Entities, EGRIP and information from government agencies. If the company is not in the register, then you can submit an application, and the Federal Tax Service will enter the information manually. You can also correct incorrect data or enter additional information so that customers receive complete information. In addition, you can report on your products, concluded contracts, participation in partnership programs, contacts. You can do it yourself. The information in the register is updated once a year on August 10 as of July 1 of the current year.

How to get an extract from the register

To do this, you need to go to the registry website and enter the TIN, PSRN, name of the organization or full name of the entrepreneur. After that, you can download and print the statement. The extract from the register already has an enhanced electronic signature. Such an extract has legal force (paragraphs 1, 3, article 6 of the Law of April 6, 2011 No. 63-FZ "On Electronic Signature"). Local tax inspectorates do not issue certificates of belonging to small and medium-sized businesses (letter of the Federal Tax Service of Russia dated August 8, 2017 No. GD-4-14/15554).









In order to participate in public procurement tenders, suppliers must, according to the rules, draw up an important document - a declaration confirming their belonging to the small business segment. In this article, we will discuss what public procurement and a declaration of belonging to small businesses are.

State auction is a certain procedure for receiving federal orders from local and federal government agencies. Orders are filled with various needs, necessarily in large quantities. Not only goods are in demand, but also various works or services.

Since the state “gives the green light” to small businesses everywhere in our country, when participating in public procurement, it also enjoys some privileges that relate to the selection of a contractor or supplier. However, in order to prove involvement in this business category, the company is forced to provide documentary evidence - a declaration, the culprit of this article. When participating in the auction, it is necessary to prepare it for submission to the organizers along with other necessary papers.

Why do businesses need to participate in a tender from the state? Everything is simple. The fact is that they acquire two undeniable advantages for the company's leaps and bounds:

  • strong business reputation as a reliable contractor or supplier;
  • one-time receipt of payment for an order of a solid value.

As you can see, you can not only earn money and grow production capacity overnight, but also get the image of a company that you can trust, which means you can acquire many new partners and strengthen your market position.

To take part in the state auction, you should carefully collect the necessary package of documents that will legally confirm the legality of the activities carried out by the company. Then proceed to the consideration and preparation of papers for specific areas of trading. In this case, they will play the role of arguments in favor of the company, confirming its belonging to the best of the best.

A systematic approach is the key to success when working on a public tender. Before applying for participation, make a list of activities for the company that need to be implemented. Apply the following criteria to the list:

  • sequence of entered actions;
  • time frame for each event;
  • employees responsible for the implementation of each stage.

When drawing up a time plan, be sure to take into account the legal time frame, as well as the amount of actual time that will be required for the event.

A mandatory item on the list should be the careful preparation of the documents needed to participate in the auction. On average, it takes about a month to collect the necessary papers, plus or minus five days, so you need to take care of starting the process in advance.

In addition to the contents of the package of documents, you need to take care of its design, that is, the information printed on it. The address details of the state organization-customer, which is the recipient of the documents, must be indicated on the envelope.

When purchasing goods from only one seller, the state structure may insist on the involvement of professional experts, individual specialists or entire offices that will check the quality of the goods of the entrepreneur. It will consist of:

  • evaluation of submitted documents;
  • verification of participants for compliance with the requirements set by the customer;
  • assessment of the quality of goods, services or works provided under the contract;
  • verification of the contract and the conditions of work described in it.

The customer usually decides to involve an expert at his own discretion, however, there are situations in which their participation is necessary:

  • when goods are purchased from a supplier selected in accordance with a decree issued by the President of the Russian Federation;
  • when carrying out work related to preparation for mobilization activities;
  • when acquiring domestic equipment and weapons for conducting military operations, which have no analogues;
  • the provision of services is carried out during the occurrence of an emergency;
  • the state fund is replenished with cultural values;
  • when purchasing products or services from the penitentiary system, in order to provide jobs for prisoners;
  • acquisition of works of art from the author or owner of the rights;
  • obtaining assistance in organizing membership in various events that are held for a group of government agencies;
  • when acquiring the provision of services related to the imminent arrival of representatives of state structures from abroad;
  • when purchasing a set of services related to the supervision of the technical and author's direction;
  • acquisition of goods necessary for the continuation of the work of places under state protection;
  • when buying medicines, etc.

What is a declaration of belonging to the NSR

Declaration of belonging to small businesses is a document used to participate in public procurement. It is sort of an advantage when it comes to determining the best supplier.

In addition, during the state tender, sometimes only applications from small business organizations are accepted for the role of participants. In this situation, the provision of the required document is not preferable, but mandatory.

When holding an auction in electronic format, the supplier's belonging to a small business is also confirmed by means of a declaration attached to the application for participation.

Where can I get a declaration form?

Unfortunately, today in Russia there is no body responsible for issuing declarations of this type. As well as there is no unified form for filling out by suppliers. The preparation of the paper is carried out by the participants independently, in free form.

It is also not necessary to officially certify a document in third-party organizations, such as notary offices. This procedure is again entrusted to the company filling out the paper, and it is imperative to put down:

  • seal;
  • leader's signature.

What is indicated in the declaration of belonging to small businesses

You can prove that an entrepreneur belongs to the desired category by declaring a form in your own style, however, there is a list of criteria that must be indicated in it, confirming that the company is in the small business sector.

Note! The criteria by which the status and ownership of a company is determined are constantly changing. Substitutions and additions are made on a regular basis. For 2017, this list of requirements is valid, related to the quantitative composition of companies and the amount of income they receive, excluding value added tax.

Table 1. Criteria for applying

IndexmicroenterpriseSmall businessMedium enterprise
Average for the previous yearno more than 15 peopleno more than 100 peopleno more than 250 people
Revenue limit for the previous year120 million rubles800 million rubles2 billion rubles
State stake in LLCno more than 25%no more than 25%no more than 25%
Participation of foreign or other (non-SME) organizationsno more than 49%no more than 49%no more than 49%

If the company's criteria match the above from the table, bring the application for participation in the tender to the reception point. It is best to choose those auctions where buyers will treat small businesses with friendliness, that is, in fact, this will be an advantage.

According to Federal Law No. 44, which specifies the parameters of the system for concluding contracts between state and municipal structures and suppliers, for the purchase of goods, the organization of work or the provision of services, to meet the needs of the above buyers, confirmation of ownership of compliance with certain business criteria is mandatory.

There was no need to establish a unified form for this, so no time was devoted to its development. It is just necessary that the text contained within it contain confirmation of compliance with the conditions presented by the organizers.

Legislative changes that took place in 2016

Do not rush to get scared, all the simplified conditions for drawing up a declaration remain in force. However, in 2016, a register was put into operation, which is a single state code containing information on small and medium-sized businesses belonging to Russia. Now it is possible to obtain data from it regarding compliance with the criteria presented in relation to companies needed to participate in public procurement. To do this, buyers from the state will not have to consider the declaration separately and do not even need to personally receive an envelope with documents.

The necessary information is on the network, access to them is open to everyone. Finding them is extremely easy.

  1. Open a browser.
  2. Type a query into the search or address bar in the form of a taxpayer identification number or the full name of an individual business.
  3. Follow the link and read the information you need.

In order to further supplement this set of data on small and medium-sized business entities, entrepreneurs need to contact the tax office to which they belong and provide information of interest to the authorities. They are transferred to the addressee in the form of a document in electronic format, which is signed not with a handwritten signature, but with an electronic signature assigned and confirmed by a citizen. To get one, you need to register on the public services portal, and then confirm your identity at one of the city points. Entrepreneurs will be able to find contacts to send the form on the official website of the Federal Tax Service of Russia.

As a result of communication with tax officials, the information expressed is entered into the register. This happens through its addition by service specialists. When downloading, you will receive a document in one of the following formats:

  • .pdf;
  • .xlsx.
  • full name of the company;
  • Full name of the individual entrepreneur who created it;
  • location of the company;
  • attitude to one of the categories of small and medium-sized businesses;
  • all data from the all-Russian classifier of types of economic activity, namely the codes chosen by the entrepreneur at the stage of opening an office.

At the personal request of the individual entrepreneur, contact information can be included in the code, for example, the phone number of the organization or the cell phone of the head, as well as describe what products the company produces and whether it has previously participated in public auctions, in addition, successful or unsuccessful finishing in case positive response.

According to the government decree of July 2016, the mandatory submission of a declaration confirming belonging to a certain category of business entities is canceled. Now the main thing is to provide an extract from the register. The right to request this confirmation from the customer is also legally abolished, but only if information from the register was provided. Otherwise, it is better to fill out the desired declaration, otherwise you will not see a place in the state auction of the company, because without information from the unified state code it will be impossible to identify the entrepreneur.

If you don’t know if your data has been entered into the register, it’s better to prepare a declaration, especially since there are no difficulties associated with this process.

Summing up

This declaration, in a sense, is just a godsend for entrepreneurs who want to participate in public procurement and, at the same time, are poorly versed in filling out various forms established by law. It can be filled in in a free form, while only following the general instructions for fitting inside the data according to the list established by the government. Read it carefully and get to work. As an example, you can use the sample shown in the picture in this section. Good luck with your public auction!

Video - Auction documentation, clarification of provisions

1 2 3 4 5 6 7 8 9 … 14

No. p / p Assignment criterion Small businesses Medium enterprises Index
1 2 3 4 5
1. only for legal entities:

Total share of participation in the authorized (share) capital:

Russian Federation, constituent entities of the Russian Federation, municipalities, foreign legal entities, public and religious organizations (associations)

 no more than 25% Indicated as a percentage
2. only for legal entities:

Participation share in the authorized (share) capital of legal entities that are not small and medium-sized businesses

 no more than 25% Indicated as a percentage
3. Average number of employees for the previous calendar year (determined taking into account all employees, including those working under civil law contracts) up to 100 people From 101 to 250 people Specified

number of persons
up to 15 people -

micro enterprise
4. Proceeds from the sale of goods (works, services) excluding value added tax or the book value of assets (residual value of fixed assets and intangible assets) for the last completed year 400 million

Sample declaration of belonging to small businesses 2018

 1,000 million rubles Indicated in millions of rubles
60 million rubles – micro enterprise

_________________________________ ___ ___________________________

(Signature of authorized representative) (Name and title of the signatory)

M.P.
FILLING INSTRUCTIONS

  1. These instructions should not be reproduced in documents prepared by the procurement participant.
  2. This form is filled out and provided as part of the application for participation in the procurement if it is indicated in form 1 that the procurement participant belongs to small and medium-sized businesses, according to the criteria for attribution (columns 2-4) in accordance with Article 4 of the Federal Law of July 24, 2007 No. 209-FZ "On the development of small and medium-sized businesses in the Russian Federation".
  3. The procurement participant shall provide the number and date of the application for participation in the procurement, the annex to which is this form.
  4. The procurement participant indicates his company name (including legal form). Also, the procurement participants as part of the application for participation in the procurement provide a completed form 1.1 for the procurement participant involved subcontractor (co-executor) / manufacturer if such subcontractor (co-executor) / manufacturer is a subject of small and medium business. Onmanufacturer, which is a subject of small and medium-sized businesses, form 1.1 is filled out and provided as part of the application for participation in the procurement only if the manufacturer is involved in the manufacture of the goods directly by the procurement participant, without the involvement of official dealers, etc.
  5. Form 1.1 as part of the application for participation in the procurement is provided in two formats: *pdf. signed and stamped, as well as in editable *.doc or *.xls format.

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Guide, instructions for use

SMP declaration according to 44-FZ sample 2018. Download the form.

Thus, the provision of the declaration in question from legal entities and individual entrepreneurs has nuances. Declaration form How can a declaration of belonging to a small business entity look like? A sample of it is shown below. It should be noted that the official form of this source in the legislation of the Russian Federation is not approved. The economic entity can form it in any convenient structure. But it is important that the declaration of belonging to small businesses, its sample used by a particular company, reflect the information that we have discussed above: the structure of the distribution of shares in the ownership of the enterprise, the size of the staff, as well as the amount of the organization's revenue within the threshold criteria, established by federal law.

How to fill out an SMP declaration for 44 fz example

TIN / KPP, OGRN, legal address) represented by General Director Sergei Leonidovich Egorov (position and full name of the head / representative of a legal entity or individual entrepreneur) declares that he belongs to small businesses on the following grounds.

  1. The total share of participation of the state and its subjects, municipalities, foreign organizations and citizens, public and religious associations, charitable and other foundations in the authorized capital is 42% (no more than the statutory limit of 49%).
  2. The average number of employees for the previous calendar year is 100 people (within the legal norm for small enterprises of 100 people).
  3. Annual proceeds from the sale of goods (works, services) - 764 million rubles. (within the norm for a small business up to 800 million rubles.

Declaration of belonging to small businesses (SME)

Guidelines for filling out a declaration of belonging to SMP for llc and ip

The average number of employees of Romashka LLC for the previous calendar year does not exceed one hundred people, inclusive. 3) The proceeds of Romashka LLC from the sale of goods (works, services) excluding value added tax or the balance sheet value of assets (residual value of fixed assets and intangible assets) for the previous calendar year does not exceed 800 million rubles. General Director Ivanov I.I. M.P. Download from our website in Word format (.doc) - Option 1, Option 2 Relevant for 2018. From August 1, 2016, instead of this declaration (or jointly), an extract from the unified register of SMEs should be attached (if information about this legal entity/entrepreneur is included in it).

Declaration of conformity for small businesses (sample)

Attention

Payment terms Separately, it should be noted that if such a restriction is established, the payment term for SMP under 44 FZ is almost two times shorter than in other orders. In this case, the time for payment of the SMP under 44 FZ is 15 days (working, not calendar, pay attention to this) from the moment the obligations under the contract are fulfilled. Whereas the payment term for other contracts is 30 calendar days.

Who belongs to the SME under 44 FZ These are legal entities registered in the prescribed manner (business companies, partnerships, peasant farms) and individual entrepreneurs (Law No. 209). Criteria for belonging of certain persons to such subjects have been established.

SMP declaration (sample)

It should be noted that the list of criteria that confirm the fact that the enterprise is the subject of the NSR, and reflected in the document under consideration, can be very wide. Let's study the specifics of this list in more detail. Assignment of the company to the subjects of the SME according to the declaration: criteria The relevant criteria can be classified into the following main categories: - distribution of shares in the ownership of the organization; - the size of the staff of the company; - revenue indicators. Also, the law may establish other conditions under which a particular company has the right to indicate in such a document as a declaration of belonging to small businesses (44-FZ assumes that an economic entity will reflect reliable information in this source) that it belongs to the SMP legally.

Declaration of belonging to small businesses: sample

sample). You can learn more about the SMP declaration in this article.

Sample of filling out the SMP declaration

Criteria for classifying a company as an SME: distribution of shares in the ownership of an organization If an economic entity is a legal entity, then it can be classified as an SME if: and other funds owned by the firm does not exceed 25%; - the total share of legal entities that are not SMP entities in the ownership of the company also does not exceed 25%. However, the application of these laws is characterized by a number of nuances. Determining the shares of a business entity: nuances First of all, when determining the first criterion - from those given above - assets belonging to investment and mutual funds are not taken into account.

We study the SMP declaration according to 44 fz

Criteria for classifying a firm as an SMP: revenue Another criterion for classifying a firm as an SMP is revenue. In accordance with federal legislation, the threshold value of an organization's income, which gives it the right to treat itself as a small and medium-sized business, is: - for micro-enterprises - in the amount of 120 million rubles; - for small businesses - 800 million rubles; - for medium-sized businesses - 2 billion rubles. A declaration of belonging to a small business entity of an LLC or, for example, an individual entrepreneur, can also be filled out taking into account other criteria for determining the status of an economic entity, which are established by the legislation of Russia.

Declaration of belonging to small businesses (SMEs) - sample

Let's study them. Classification of a firm as an SME: other conditions Speaking of other conditions under which a firm can be classified as a medium or small enterprise, it should first of all be noted that the above criteria are considered only within 2 calendar years in a row.

Winner” (fictitious company, all coincidences are random), as well as download Declarations for LLCs and individual entrepreneurs. An important addition, the article is relevant in 2018. Filling example: “Declaration of the participant’s compliance with the requirements established by Article 4 of the Federal Law of July 24, 2007 No. 209-FZ “On the Development of Small and Medium-Sized Businesses in the Russian Federation” Auction participant Pobeditel LLC is a small business subject to the following conditions: 1 The total share of participation of the Russian Federation, subjects of the Russian Federation, municipalities, foreign legal entities, foreign citizens, public and religious organizations (associations), charitable and other funds in the authorized (share) capital (share fund) does not exceed twenty-five percent (for except for the assets of joint-stock investment funds and closed-end mutual funds).

How to fill out an SMP declaration for LLC sample

The corresponding declaration of a legal entity must be supplemented primarily by a certificate of registration as a subject of the SMP, and in its absence: - accounting documents; - tax declaration; - forms reflecting the average number of employees of the company for the previous 2 calendar years; if the company is a joint-stock company - an extract from the register reflecting information on shareholders; if the enterprise is an LLC, then a list of participants in the organization indicating their citizenship will be required. Documents in support of the declaration for individual entrepreneurs The declaration of an individual entrepreneur on his belonging to the SME can also be supplemented by a certificate of inclusion in the register of SME entities, and in its absence: - a form reflecting the average number of employees for the previous 2 calendar years; - declaration in the form 3-NDFL; - tax return.

Periodically, various companies and organizations participate in auctions or tenders. The success of obtaining an order depends on many features, ranging from the scope of the company and ending with its scale. Along with this, there is a document - a declaration of belonging to small businesses, which, under equal conditions, increases the chances of winning the tender.

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The declaration is not the main document when assigning a company to an order, but the document plays an important role. This is explained by the fact that if an organization belongs to small businesses, then this fact automatically characterizes it to a higher level than similar companies without a declaration.

There are many subtleties and nuances of obtaining a declaration, therefore, first of all, it is recommended that you familiarize yourself with the general features of registration, and only then move on to the details. At the same time, compliance with the current criteria, which may change from time to time, is considered an important point.

Why is she needed

Since 2016, the Tax Service has been keeping a unified record of small and medium-sized businesses. Along with this, it is necessary to declare belonging to a particular type of activity separately. This is due to the fact that when sending an application, an entrepreneur is obliged to indicate that his business belongs to a certain type, which is expressed in attaching to the documents a declaration of belonging to small businesses (provided that the business actually belongs to “small”, “medium” or “ microenterprise).

The declaration contains information that confirms that the entrepreneur belongs to a certain type of activity. It is this document that allows you to submit applications for tenders and bidding.

Statistics show that at least 15% of the total annual volume of purchases is based on the document under discussion. This means that small businesses successfully participate in government tenders on a par with large industry companies.

Federal Law No. 44 and No. 223 on the parameters of procurement, as well as their provisions, say that, on the basis of the declaration, procurement is carried out in the following ways:

  • competitions (with a different number of stages, as well as with a restriction on participation);
  • auctions, including electronic format;
  • quote requests;
  • bargaining.

When conducting a tender, the total number of participants is always announced, as well as how many of them have a declaration. If necessary, and most often - always, the document must be presented.

Main participants and forms

The indicators by which an enterprise can be classified as a small or medium-sized business change periodically. In 2020, the criteria are as follows:

If an enterprise fits into one of the categories, then it is eligible to participate in the auction. It is important that the state is constantly changing the criteria that businessmen must meet.

Regardless of the changing indicators, the state is trying to support small and medium-sized businesses by providing various benefits, developing special programs and providing subsidies.

Central aspects

In practice, it is necessary not only to meet certain criteria, but also to fill out the declaration correctly. This applies to both approved points and comments, as well as additional applications, important aspects.

The SMP declaration of the procurement participant contains the following items:

  1. Bidder.
  2. Confirmation that the participant belongs to a certain type of activity (based on Article 4 of the Federal Law “On the Development of Entrepreneurship”).
  3. Legal address of the company.
  4. TIN/KPP.
  5. OGRN.
  6. The fact of entering data into the register of entrepreneurial activity.
  7. Compliance with the criteria.

The last paragraph provides a list of parameters that the organization must comply with:

  • the share of state participation in the development of the enterprise - no more than 25%;
  • the share of participation in the business of foreign persons - no more than 49%;
  • participation share of a third-party LLC in the authorized capital of the participant - no more than 49%;
  • the ratio of the participant's shares, which are listed on the securities market, to the high-tech segment - yes / no;
  • participation in the development of nano-technologies and other innovative developments - yes / no;
  • participation in the Skolkovo project — yes/no;
  • the organizers of the enterprise are participants in the state program for the development of science (FZ No. 127) - yes / no;
  • availability of information about the participant as an unscrupulous supplier or manufacturer;
  • the presence or absence of a criminal record among the organizers of the enterprise;
  • the fact of fulfillment of previous orders and purchases - details of the transaction are indicated;
  • experience in the sale or production of products related to innovative technologies.

Compliance criteria, as well as the number of items in the declaration, change periodically, so when applying, you should check the current data.

Filling order

A legal entity indicates the full legal address along with payment details and information about the enterprise. Additionally, the actual address of the company is indicated if it differs from the legal address.

An individual entrepreneur indicates information related to the individual entrepreneur, including passport data, as well as the place of sale or production of products, if available.

The application is submitted in PDF format with the signatures of the organizers, as well as in files that require editing - DOC or XLS.

A special table is provided for the criteria, in which short answers “Yes” and “No” are entered, as well as clarifications, if justified.

Existing applications

There are no appendices to the declaration as such. The organizers have the right to request additional documents. They should be submitted only on the basis of existing need and requirements.

In the case of self-supplementing the declaration with any documentation, there is a risk that the papers will not be taken into account at all.

Lack of declaration is a serious misconduct, which can serve as a refusal to participate in the auction.

Important Points

The most important points for completing the declaration and participating in the auction include the following points:

Compliance with the requirements You need to read the criteria carefully. In the absence of a match on one or more points, the risk of not being admitted to bidding or refusal to accept the application is likely. If the deviation is insignificant and does not relate to numerical indicators (the share of third-party capital injections), then the participant may be allowed to participate in the tender under certain conditions. However, this is more an exception than the rule, so you should not hope for such a development of events.
Correct filling Errors and inaccuracies are not allowed. This is especially true for indicating the address of the enterprise in various papers. Even with an error of 1-2 letters or a symbol, the system may simply not accept documents due to a discrepancy between the information. Information is provided in several versions of electronic documents, which should also not be forgotten. "PDF" provides for scanned finished papers with seals and signatures, and "Documentary Document" or "Excel" - spreadsheets and other information.
Prohibition on indication of false data Disclosure of such information immediately leads to disqualification, followed by blacklisting. This also applies to the convictions of the organizers and the previous activities of entrepreneurs. Information is carefully checked, and if fraud is discovered, small and medium-sized businesses are deprived of almost all state guarantees.
Strict adherence to the instructions of the auction organizers As a rule, all information is posted on the website of the tender organizer, represented by the state. The Public Procurement website provides comprehensive information about all the intricacies of filing an application, including the deadlines and the required list of documents.

Failure to comply with any item negatively affects the further development of the company, which in the first place is deprived of the opportunity to participate in the tender.

illustrative example

A sample declaration looks like this:

“Declaration on the affiliation of the bidder to small businesses in accordance with the provisions of Federal Law No. 44

Hereby LLC "Corvette" TIN / KPP 888349348153/092435832, PSRN 111543995609, Volgograd, st. Kachintsev, 23

represented by General Director Sidorov Sergey Vladimirovich

declares belonging to small businesses on the following grounds:

  1. The total volume of state aid, infusion of foreign capital, charitable organizations and religious institutions - 44%.
  2. The number of working personnel for the past period is 87 people.
  3. Income for the past year - 623 million rubles.

The declaration is submitted for participation in the tender for electronic trading No. 383-848-18

Supervisor

This is an approximate sample, on the basis of which a declaration can be made. If the legal and actual addresses differ, this must be indicated in the document.

The nuances of reading information

What the organizers of the auction pay attention to in the declaration is an important issue for all participants.

This primarily concerns the following information:

Timeliness of application submission Each auction has certain deadlines during which it is necessary to submit applications and, accordingly, SMP declarations. Sooner or later, this will not work, because everything happens in electronic format. At the same time, knowing the specific deadline, you should calculate the time for paperwork, collecting information and editing files.
Application form Do not invent something "from yourself" or add information that is not required. The best option is to fill out all the papers based on the necessary criteria. No more, no less. It may not be worse from additional information, but it will not bring any benefit either. In fact, it takes time from the participant, which could be spent on a more thorough preparation of the main package of documentation.
Data relevance It is logical that all data is carefully rechecked, so you should not change the name of the organization, for example, after the start of participation in the auction. Otherwise, it turns out that the application was submitted on behalf of one participant, and subsequently this organization no longer exists. In fact, it is impossible to reorganize an LLC or an individual entrepreneur into a legal entity. To do this, you need to register two different companies or close one and open another. At the time of filing an application for participation in the tender, it is better to refuse this.
Data veracity This is punishable by both exclusion from trading and the possibility of administrative or criminal prosecution. In particular, it all depends on how much the data does not correspond to reality and for what purpose it was changed. If it is for illegally winning bidding or hiding a "dark" past, then the results will be canceled, and the Federal Tax Service will take over the enterprise.

The simplest thing is to follow the existing instructions for registering a tenderer and the subsequent features of providing information about the company.

Possible problems

 

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