Declaration of belonging to small business entities. Guidelines for filling out the declaration of affiliation to the smp for llc and ip. Who belongs to the NSR

Being a small or medium-sized business is profitable. For such entities, there are many benefits, so if you get into the Unified Register of Small and Medium Enterprises, then a company or an 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 if the company meets the criteria that are determined by the law. And then make sure the company is on the register.

What 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 (farming) households.

These individuals must meet three criteria:

composition of founders;
number of employees;
income.

Composition of founders

This requirement does not apply to individual entrepreneurs and companies whose founders are only natural persons. And it doesn't matter - Russian or foreign. If other founders are among the company's members, then their share should not exceed:

25 percent in total if these are state formations (the Russian Federation, its subjects, as well as municipal formations);
25 percent in total if these are public and religious organizations and foundations;
49 percent in total if these 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, the founders of which are in the list of persons providing state support for innovation.

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

from 101 to 250 inclusive - for medium-sized enterprises. A different meaning can be established by the Government of the Russian Federation if the main activity of the organization is associated with light industry (production of clothing, textiles, leather goods, leather processing);
up to 100 inclusive - for small businesses;
up to 15 - for micro-enterprises.

Income amount The limit values \u200b\u200bof income from business activities for the previous calendar year should not exceed:

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

Such values \u200b\u200bwere approved by the Government of the Russian Federation in the decree of April 4, 2016 No. 265 "On the limit values \u200b\u200bof income received from carrying out entrepreneurial activities for each category of small and medium-sized businesses." Business income is summed up for all types of activities and is applied under all tax regimes. Belonging to small and medium-sized businesses is determined by the largest indicator of the three. The category of the enterprise will change if the following deviates from the indicated values \u200b\u200bfor three consecutive calendar years:

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

How to confirm the status of a small and medium enterprise

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

How to get into the registry

The unified register of small and medium-sized businesses is maintained by the Federal Tax Service of Russia. You do not need to submit any documents to get into it. The tax office enters information into the register automatically. The register is formed on the basis of information about income and the average number of employees, data from the Unified State Register of Legal Entities, Unified State Register of Legal Entities and information from government agencies. If the company is not in the register, then you can submit an application, and the FTS will enter the information manually. You can also correct incorrect data or add additional information so that customers receive complete information. In addition, you can report your products, contracts concluded, participation in partnership programs, contacts. You can do this 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, go to the registry website and enter the INN, PSRN, the name of the organization or the full name of the entrepreneur. After that, you can download and print the statement. The extract from the register already contains an enhanced electronic signature. Such an extract has legal force (clauses 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 a number of legal relations, various business entities operating in the Russian Federation are required to draw up a declaration of affiliation. What is the purpose of this document? In what structure can it be presented?

What is the declaration in question for?

The document in question is provided by business owners in accordance with the provisions of Law No. 44-FZ, adopted on 05.04.2013. This source is included in the set of documents as part of the application of an economic entity to participate in the auction.

The considered declaration refers to documents that are submitted to the competent government agencies, along with sources that can confirm the fact that the business owner has the right to receive certain benefits when holding the relevant auction. In addition to entrepreneurs, the relevant documents are also provided by the heads of socially oriented NGOs.

Let us consider the features of the compilation of such a source in question in more detail.

Declaration of belonging of the company to the NSR: structure of the document

What information can be reflected in the corresponding document?

The main thing is to record in the appropriate declaration that the company is a subject of the SME on the basis that the indicators of its activities, as well as the specifics of the distribution of shares in business ownership - if we are talking about an economic society - meet the criteria established by law. In particular, related to the distribution of shares in business ownership, average headcount, and revenue.

It is worth noting that the list of criteria that confirm the fact that an enterprise is a 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.

Classification of a company to the subjects of the NSR 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 company's staff;

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 SME legally.

Criteria for classifying a company as an SME: distribution of shares in the ownership of the organization

If an economic entity is a legal entity, then it can be attributed to the SMP if:

The total share of state and municipal authorities, foreign companies, public structures, religious organizations, as well as charitable and other foundations in the ownership of the company does not exceed 25%;

The total share of legal entities that are not subjects of the NSR in the ownership of the firm also does not exceed 25%.

However, the application of these legislative norms is characterized by a number of nuances.

Determining the shares of a business entity: nuances

First of all, when determining the first criterion - of those given above - assets belonging to investment and mutual funds are not taken into account. The second limitation, in turn, does not apply to organizations that:

Use the results of intellectual labor in their work - for example, computer programs, inventions, provided that the exclusive rights to the relevant products belong directly to the founders of these organizations;

Established by legal entities that are included in the list of economic entities determined by the state that provide support in the implementation of innovative activities to various organizations.

In the second case, the organization must meet any of the following criteria:

Be a public joint stock company in which at least 50% of the securities belong to the Russian Federation;

To be a business company in which the corresponding PJSCs have more than 50% of the votes in the business management structure or have the right to appoint the general director or more than half of the collegial business management body, as well as the company's board of directors;

Be a public corporation incorporated under federal law.

Obviously, the criteria we have considered do not apply if he fills in such a document as a declaration of belonging to small business entities by individual entrepreneurs. He cannot officially give up any ownership interest in his business. But even a declaration of belonging to an individual entrepreneur should reflect other criteria for classifying an economic entity as an SME. Let's consider them further.

Criteria for classifying a company as an SME: staff size

The next criterion according to which a company in a document such as a declaration of belonging to small business entities according to 44-FZ fixes what legally belongs to the SME is the number of staff. According to the law, this indicator for the calendar year preceding the one in which the document in question is submitted to the competent state authorities should be:

From 101 to 250 specialists if the company belongs to a medium-sized business;

Up to 100 employees if the company is a small business;

Up to 15 people if the company is a micro-enterprise.

Criteria for classifying a company as an SME: revenue

Another criterion for classifying a company as an SME is revenue. In accordance with federal law, the threshold value of the income of an organization, which gives it the right to treat itself as a small and medium-sized business, is:

For micro-enterprises - 120 million rubles;

For small businesses - 800 million rubles;

For medium-sized businesses - 2 billion rubles.

The declaration of affiliation to small business entities 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 Russian legislation. Let's study them.

Attribution of the company to the NSR: other conditions

If we talk about other conditions under which a company can be classified as a medium or small enterprise, then first of all it should be noted that the above criteria are considered only within 2 consecutive calendar years. If in one year they have a value above the threshold, and in another - below, then the enterprise is considered to be the corresponding SMP.

Special conditions for classifying an economic entity as an NSR have been established for newly created firms, as well as peasant farms. These business entities can be classified as SMEs during the year in which they are incorporated, if the average number of employees, revenue or asset value does not exceed the limit values \u200b\u200bestablished by federal legislation.

The information that reflects the declaration of belonging to small business entities - an example of a document drawn up in accordance with Law No. 44-FZ, must be confirmed by other official sources. Let's consider their features in more detail.

Documents confirming the declaration for a business company

The corresponding declaration of a legal entity must be supplemented, first of all, by a certificate of registration as a subject of the NSR, and in its absence:

Accounting documents;

Tax return;

Forms reflecting the average number of employees of the company for the previous 2 calendar years; if the company is JSC - an extract from the register, reflecting information on shareholders; if the company is an LLC, then a list of participants in the organization with an indication of 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 NSR can also be supplemented by a certificate of inclusion in the register of NSR subjects, and in its absence:

The form reflecting the average number of employees for the previous 2 calendar years;

Declaration in the form of 3-NDFL;

Declaration on the tax paid.

Thus, the provision of the considered declaration from legal entities and individual entrepreneurs has nuances.

Declaration form

How can a declaration of affiliation to small businesses look like? A sample of it is presented below.

It should be noted that the official form of this source is not approved in the legislation of the Russian Federation. An economic entity can shape it in any convenient structure. But it is important that the declaration of belonging to small business entities, its sample used by a particular company, reflect the information that we have considered 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. In addition, it is necessary to supplement the relevant document with other sources that confirm the accuracy of the information that is reflected in the declaration.

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

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The declaration is not the main document in the appointment of any company to order, but the document plays an important role. This is due to the fact that if an organization belongs to small businesses, then this fact automatically characterizes it to a level higher 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 signs of registration, and only then go to the details. At the same time, compliance with the applicable criteria is considered important, which may change from time to time.

Why is she needed

Since 2016, the Tax Service has been keeping a uniform record of small and medium-sized businesses. Along with this, it is necessary to declare belonging to one or another type of activity separately. This is due to the fact that when sending an application, an entrepreneur is obliged to indicate the belonging of his business to a certain type, which is expressed in attaching a declaration of belonging to small business entities to the documents (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 tender and tenders.

Statistics show that at least 15% of the total annual procurement volume is carried out on the basis of the document under discussion. This means that small businesses are successfully participating in government tenders on a par with large industry companies.

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

contests (with a different number of stages, as well as with restrictions on participation);
auctions, including electronic format;
requests for quotations;
bargaining.

When holding 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 business change periodically. In 2020, the criteria are as follows:

If an enterprise fits into one of the categories, then it has the right 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 tries to support small and medium-sized businesses by providing various benefits, developing special programs and providing subsidies.

Central aspects

In practice, you need to not only meet certain criteria, but also fill out the declaration correctly. This applies to both the approved points and comments, and additional appendices, important aspects.

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

Bidder.
Confirmation that the participant belongs to a certain type of activity (based on article 4 of the Federal Law "On the development of entrepreneurship").
Legal address of the company.
INN / KPP.
OGRN.
The fact of entering data into the register of business activities.
Eligibility.

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

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%;
the share of participation of a third-party LLC in the authorized capital of a 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 (Federal Law No. 127) - yes / no;
availability of information about the participant as an unscrupulous supplier or manufacturer;
the presence or absence of criminal records of 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 points in the declaration, change periodically, so when submitting an application, it is worth checking with the current data.

Filling procedure

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

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

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 warranted.

Existing applications

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

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

Failure to declare is a serious offense that may result in refusal to participate in the auction.

Important points

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

Compliance with the requirements	It is necessary to carefully read the existing criteria. If there is no coincidence on one or several points, the risk of non-admission to trading or refusal to accept the application is likely. If the deviation is insignificant and does not concern digital indicators (share of injections of third-party capital), then the participant may be allowed to participate in the tender under certain conditions. However, this is more an exception to the rule, so there is no reason to hope for such a development of events.
Correct filling	Errors and inaccuracies are not allowed. This is especially true for specifying the address of the enterprise in various papers. Even with an error of 1-2 letters or symbols, the system may simply not accept documents due to a discrepancy in the information. Information is provided in several versions of electronic documents, which should also not be forgotten. PDF provides scanned finished papers with seals and signatures, and DOK or Excel - spreadsheets and other information.
Prohibition of indicating false data	The disclosure of such information immediately leads to disqualification and subsequent blacklisting. This also applies to the convictions of the organizers and the previous activities of the entrepreneurs. The information is carefully checked and if fraud is detected, small and medium-sized businesses are deprived of almost all state guarantees.
Strict adherence to the instructions of the organizers of the auction	As a rule, all information is posted on the website of the organizer of the tender, represented by the state. The website of the State Procurement Agency provides comprehensive information about all the intricacies of filing an application, including the time frame and the required list of documents.

Failure to comply with any point 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 of affiliation of the bidder to small businesses in accordance with the provisions of the Federal Law No. 44

Hereby LLC "Corvette" INN / KPP 888349348153/092435832, OGRN 111543995609, Volgograd, st. Kachintsev, 23

represented by General Director Sergei Vladimirovich Sidorov

declares that it belongs to small businesses on the following grounds:

The total volume of state aid, injections of foreign capital, charitable organizations and religious institutions - 44%.
The number of employees over the past period is 87 people.
Income for the past year - 623 million rubles.

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

Leader

This is a rough example from which you can draw up a declaration. With different legal and actual addresses, this must be indicated in the document.

Nuances of reading information

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

This primarily concerns the following information:

Timeliness of application	Each auction has a specific time frame, during which you need to submit applications and, accordingly, the NSR declaration. Sooner or later this will not work, because everything happens in electronic format. At the same time, knowing the specific deadline, you should count on the time for paperwork, collecting information and editing files.
Registration of the application	Do not come up with 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 have been spent on a more thorough preparation of the main package of documentation.
Data relevance	It is logical that all data is carefully checked, so you should not change the name of the organization, for example, after starting to participate 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 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 non-admission to bidding and the possibility of administrative or criminal prosecution. In particular, it all depends on how the data does not correspond to reality and for what purpose it was changed. If for illegal winning bidding or hiding the "dark" past, then the results are canceled, and the Federal Tax Service will take over the enterprise.

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

Possible problems

Greetings, dear colleague! Today's short article will focus on declaration of conformity of the procurement participant to the requirements of 44-FZ ... Since letters with similar questions come to my support service quite often, I decided to write this article and answer all the questions at once. ( Note: this article was updated on April 26, 2019).

1. What is a declaration?

I propose to start by defining the meaning of the word - "declaration".

The meaning of the word "declaration" according to the Financial Dictionary:

Declaration — a statement, announcement, document that proclaims some provisions (principles) or contains certain information.

2. Two "types" of declarations

In the Federal Law of 05.04.2013, No. 44-FZ "On the contract system in the procurement of goods, works, services to meet state and municipal needs" two "types" of declarations :

First view: Declaration of compliance of the procurement participant with the requirements established in accordance with paragraphs 3 - 9, 11 of Part 1 of Article 31 44-FZ (This requirement is established in p.p. "G" item 1 h. 2 art. 51; p. 3 h. 6 art. 54.4; clause 7 h. 3 art. 73; p.p. "A" clause 4, part 9 of Art. 82.3; clause 3 h. 9 art. 83.1; item 2 h. 5 art. 66 );

Second view: Declaration of affiliation of the procurement participant to small businesses or socially oriented non-profit organizations (This requirement is established in p.p. "And" clause 1 of part 2 of Art. 51; clause 7 h. 6 art. 54.4; Clause 7, Part 5, Art. 66;clause 5 h. 3 art. 73; p.p. "B" clause 4, part 9 of Art. 82.3; clause 8 h. 9 art. 83.1 ).

2.1 Declaration of Conformity

And so, we have determined that according to the requirements of 44-FZ there are two "types" of declarations. Let's start with the first "Declaration of Conformity ..." .

In this declaration, the procurement participant must confirm to the customer its compliance with the requirements established by paragraphs 3 - 9, 11 of part 1 of article 31 44-FZ, namely:

- failure to liquidate a procurement participant - a legal entity and the absence of an arbitration court decision on recognizing a procurement participant - a legal entity or an individual entrepreneur - insolvent (bankrupt) and on the opening of bankruptcy proceedings (clause 3, part 1 of article 31);

- non-suspension of the procurement participant's activities in the manner prescribed by the Code of the Russian Federation on Administrative Offenses, as of the date of filing an application for participation in the procurement (clause 4, part 1 of article 31);

- the procurement participant has no arrears in taxes, fees, arrears of other obligatory payments to the budgets of the budgetary system of the Russian Federation (except for the amounts for which a deferral, installment plan, investment tax credit are granted in accordance with the legislation of the Russian Federation on taxes and fees that have been restructured in accordance with the legislation of the Russian Federation, according to which there is a court decision that has entered into legal force recognizing the applicant's obligation to pay these amounts fulfilled or which are recognized as hopeless to be collected in accordance with the legislation of the Russian Federation on taxes and fees) for the past calendar year, the amount of which exceeds twenty-five percent of the book value of the procurement participant's assets, according to the accounting statements for the last reporting period. A procurement participant is considered to be in compliance with the established requirement if, in accordance with the established procedure, he has submitted an application for appeal against the specified arrears, arrears and the decision on such an application as of the date of consideration of the application for participation in determining the supplier (contractor, executor) is not adopted (clause 5, part 1 art. 31);

- the procurement participant - an individual or the head, members of the collegial executive body, the person acting as the sole executive body, or the chief accountant of the legal entity - participant in the procurement of a criminal record for economic crimes and (or) crimes provided for in Articles 289, 290 , 291, 291.1 of the Criminal Code of the Russian Federation (with the exception of persons whose criminal record has been canceled or removed), as well as the non-application of punishment to these individuals in the form of deprivation of the right to hold certain positions or engage in certain activities that are related to the supply of goods, the performance work, provision of services, which are the object of the procurement being carried out, and administrative punishment in the form of disqualification (clause 7 of part 1 of article 31);

- a procurement participant - a legal entity that, within two years prior to the filing of an application for participation in the procurement, was not brought to administrative responsibility for committing an administrative offense provided for in Article 19.28 of the Code of Administrative Offenses of the Russian Federation (clause 7.1, part 1 of article 31 );

- the procurement participant's possession of exclusive rights to the results of intellectual activity, if, in connection with the performance of the contract, the customer acquires the rights to such results, with the exception of cases of concluding contracts for the creation of works of literature or art, performance, for financing the rental or screening of a national film (clause 8 h . 1 article 31);

- the absence of a conflict of interest between the procurement participant and the customer, which means the cases in which the head of the customer, the member of the procurement commission, the head of the customer's contract service, the contract manager are married to individuals who are beneficiaries, the sole executive body of a business company (director , general director, manager, president and others), members of the collegial executive body of a business company, the head (director, general director) of an institution or a unitary enterprise or other governing bodies of legal entities participating in the procurement, with individuals, including those registered as an individual entrepreneur - participants in the procurement or are close relatives (relatives in a direct ascending and descending line (parents and children, grandfather, grandmother and grandchildren), full-blooded and incomplete (having a common father and whether mother) brothers and sisters), adoptive parents or adopted children of the specified individuals. For the purposes of this article, beneficiaries are individuals who own directly or indirectly (through a legal entity or through several legal entities) more than ten percent of the voting shares of a business entity or shares in excess of ten percent in the authorized capital of a business entity (clause 9, part 1 Article 31).

- the procurement participant has no restrictions for participation in procurement established by the legislation of the Russian Federation (clause 11, part 1 of article 31)

You can download templates of declarations of compliance of the procurement participant with clauses 3-5, 7, 9, 11 of part 1 and part 1.1 of article 31 of Federal Law No. 44-FZ dated 05.04.2013 from this link.

Note: In these templates, a clause has been added on the compliance of the procurement participant with the requirements of Part 1.1 of Article 31 44-FZ, namely: the requirement that there is no information about the procurement participant provided for by this Federal Law, including information about the founders, members of the collegial executive body, the person executing functions of the sole executive body of the procurement participant - a legal entity.

At the moment, almost all customers indicate this requirement in the documentation for the procurement. Therefore, it will not be a mistake to declare the compliance of the procurement participant with this requirement together with the compliance with the requirements of paragraphs 3 - 9, 11 of Part 1 of Article 31 within one document. If necessary, you can always make two separate documents from these templates.

2.2 Declaration of ownership

We have dealt with the "Declaration of Conformity ...", now let's consider declaration of ownership a procurement participant to small businesses or socially oriented non-profit organizations.

You can learn more about small business entities.

The template of the participant's declaration of conformity 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" can be downloaded from this link.

To declare that the procurement participant belongs to socially oriented non-profit organizations, it will be enough to prepare a document in free form on the company's letterhead, in which it is indicated that the participant is a socially oriented non-profit organization.

According to the Letter of the Ministry of Economic Development of Russia N 7158-EE / D28i, FAS Russia N АЦ / 13590/14 dated 04.04.2014, the need to submit other documents confirming the status of such a participant as a small business entity, socially oriented non-profit organization, 44-ФЗ is not provided.

If the participant has not included the relevant information in the application, the customer has the right to refuse this person, in particular, in admission to participate in the procurement. In the event that the customer refused admission to the participant whose application contained such a declaration, a fine of up to RUB 30,000 may be levied from the customer's officials. (Part 2, 6, Article 7.30 of the Administrative Code of the Russian Federation).

If you still have questions about declarations of conformity or affiliation under 44-FZ , then ask them below in the comments to this article.

That's all. I wish you good luck and new victories!

In order to take part in public procurement auctions, 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.

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

Since in our country small business everywhere the state "gives the green light", when participating in public procurement, he also enjoys certain privileges that relate to the selection of a contractor or supplier. However, in order to prove its involvement in this entrepreneurial category, the company is forced to provide documentary evidence - a declaration that is the culprit of this article. When participating in an auction, it must be prepared in order to be provided to the organizers along with other necessary securities.

Why do businesses need participation in a tender from the state? It's simple. The fact is that they acquire two indisputable advantages for the leap forward growth of the company:

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

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

To take part in a state auction, you should carefully collect the necessary package of documents that will legally confirm the legality of the company's activities. Then proceed to review and prepare securities for specific trading directions. In this case, they will play the role of arguments in favor of the firm, confirming its belonging to the best of the best.

A systematic approach is the key to success when working on a government 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:

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

When drawing up your timeline, 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 a thorough preparation of the documents required for participation 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 envelope must contain the address details of the contracting state organization that is the recipient of the documents.

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

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

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

when there is a purchase of goods from a supplier who is 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 purchasing 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 penal system, in order to provide jobs for prisoners;
acquisition of works of art from an author or copyright holder;
receiving assistance in organizing membership in various events that are held for a group of government agencies;
when purchasing the provision of services interconnected with the imminent arrival of representatives of government agencies from abroad;
when purchasing a set of services related to the supervision of technical and authoring directions;
purchase 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

A declaration of affiliation with small businesses is a document used to participate in public procurement. It is kind 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 suppliers' affiliation to small businesses is also confirmed by means of a declaration attached to the application for participation.

Where can I get the declaration form?

Unfortunately, today there is no body in Russia that issues this type of declaration. As well as there is no unified form for filling in by suppliers. The drafting of the paper is carried out by the participants independently, in free form.

There is also no need to officially certify the document in third-party organizations, such as notary offices. This procedure was again entrusted to the company filling out the paper, while it is imperative to affix:

printing;
manager'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, but there is a list of criteria that must be indicated in it, confirming the presence of a company in the small business sector.

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

Table 1. Criteria for application

Index	Micro-enterprise	Small business	Medium enterprise
Average payroll for the previous year	no more than 15 people	no more than 100 people	no more than 250 people
Revenue limit for the previous year	120 million rubles	800 million rubles	2 billion rubles
State share in LLC	no more than 25%	no more than 25%	no more than 25%
Participation of foreign or other (non-SME) organizations	not more than 49%	not more than 49%	not more than 49%

If the criteria of the company coincide with the above from the table, bring the application for participation in the tender to the receiving point. It is best to choose those auctions where buyers will treat small businesses with affection, that is, in fact, this will turn out to be an advantage.

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

There was no need to establish a unified form for this, so they did not devote time to its development. It is just necessary that the text contained within it contains confirmation of compliance with the conditions presented by the organizers.

Legislative changes in 2016

Do not rush to get scared, all the facilitated conditions for drawing up the declaration remained in force. However, in 2016, the register came into operation, which is a unified 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 required to participate in public procurement. For this, buyers from the state do 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.

Open your browser.
Type a request in the form of a taxpayer identification number or the full name of an individual business into the search or address bar.
Follow the link and study the information you need.

To implement a further addition to 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 transmitted to the addressee in the form of a document in electronic format, which is not signed by a handwritten signature, but by an electronic signature assigned and confirmed by a citizen. To get one, you need to register on the portal of public services, and then confirm your identity in one of the city points. Entrepreneurs can 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 is done by adding it by service specialists. When downloading, you will receive a document in one of the following formats:

.pdf;
.xlsx.

full company name;
Name of the individual entrepreneur who created it;
location of the company;
attitude towards one of the categories of small and medium-sized businesses;
all data from the all-Russian classifier of economic activities, namely the codes chosen by the entrepreneur at the stage of opening an office.

At the personal request of the individual entrepreneur, you can include contact information in the set, for example, the phone number of the organization or the cell phone of the head, and also describe what products the company produces, and whether it previously took part in state auctions, in addition, successful or unsuccessful finishing in case a positive answer.

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

If you do not know whether the data about you has been entered in the register, it is better to prepare a declaration, especially since there are no difficulties associated with this process.

Let's sum up

In a sense, this declaration 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 guidelines for fitting inside 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 government auctions!

Video - Auction Documentation, Clarification

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