Recommended form of declaration to small business entities. Guide to fill the declaration of belonging to the SMP for LLC and IP. Criteria for small enterprises

System public procurement 44-ФЗ suggests preferential conditions for small business entities - more auctions and competitions are being held for them. But the status must be confirmed documented. This task is solved by the SMP Declaration. In it, the procurement participant indicates information by which it can be identified as a small business entity. We tell how such a declaration looks like, how to fill it correctly and suggest downloading a fill sample.

What is a declaration of belonging to small business entities according to 44-ФЗ

The Federal Law of 44-FZ on public procurement requires state customers at least 15% of all annual contracts to conclude with small business entities (Article 30). This is one of the support measures. individual entrepreneurs and small businesses. The main features of small businesses include:

the number of employees up to 100 people;
annual revenue to 800 million rubles per year.

Suppose state Institution An auction announced and indicated that only SMPs could participate in it (small business entities). How will the participants of the competition confirm the customer belonging to the subjects of small and medium-sized businesses? This task will solve the Declaration on belonging to small business entities. This document is provided in a set of competitive documentation and is issued according to a unified sample (consider it in the next section).

If the procurement information states that it is intended to small business, the procedure participant is better to immediately prepare the declaration and pass it on own initiative (Sometimes customers forget to request a document). This will help speed up the contracting and prevent many problems with the fulfillment of the fulfillment of obligations.

The SMP Declaration confirms that the organization relates to small businesses and has the right to participate in public bidding on 44-ФЗ

Blank document

The SMP declaration should be filled with a unified form approved decree of the Government of the Russian Federation of October 20, 2015 No. 1169. In that normative act Regularly make edits, and the declaration form changes slightly. Before you fill out a document for your supplier, check if you use the current option.

Sometimes customers request the Declaration "in arbitrary form": a certificate that the company belongs to small businesses. It is recommended even in this case to use a unified form - is also filled as simple, but provides a full range of information on the conformity of the SMP.

The form of a declaration on accessories to small businesses is a 4-page document, where a procurement participant first indicates its data, and then confirms compliance with legitimate criteria. Completed by the signature of the head of the organization (indicating his position) and the seal.

Where to get a declaration of belonging to the SMP:

request from the Customer - the Bid Organizer;

download from the tax service website;
download from proven resources on the Internet (for example, use the legal aggregator "Consultant Plus");
download from our material.

How to fill in the SMP Declaration

Consider how the form is filled in stages. This is a very simple document, most of which represents only the choice of options "yes" or "no". Working with the document begins with the fact that the author of the declaration indicates its data:

full name of the organization;
confirmation that relates to small or secondary entrepreneurship;
address;
INN and PPC;
OGRN.

In the procurement information on the state portal makes a mark if the bidding is intended to small businesses

the share of public participation and municipal institutions in the authorized capital - no more than 25% (you need to specify the exact value);
the share of foreign legal entities in the authorized capital is no more than 49% (also indicate the exact value);
are the AO shares to the high-tech and innovative sector of the economy - only "yes" or "no";
whether the introduction of intellectual activity is intended to be implemented;
there is the status of a participant in the project "Skolkovo";
are the founders with legal entities from the list of recipients state support innovation;
the average number of employees for the preceding calendar year is to specify the exact value;
income over the past year - to specify the exact value in millions of rubles;
information about the obtained licenses - specify details (if any);
information about goods and services with OKVED and OKPD2;
information about technological and innovative products - to specify or not;
whether in approved partnership programs with SMP - if so, then write a partner;
fulfilled state and municipal contracts last year - to indicate the number of transactions and their total amount;
confirmation that company management and chief Accountant not condemned for economic crimes;
confirmation that the organization is not listed in the register of unscrupulous suppliers.

The document is completed by the signature of the Director of the Organization or the Commissioner, indicating the post.

Preparation of the declaration of belonging to SMP will take no more than 10 minutes, but will protect the organization from refusing to conclude a state contract.

Download Sample

A declaration of belonging to SMP is a fairly simple document, when filling out which difficulties rarely occur. However, to issue a blank correctly, it is useful to study ready sample Filling:

Conclusion

The declaration of belonging to small business entities helps companies participate in more public procurement. This document is filled in unified form. Includes information confirming that the organization relates to the SMP - the number of employees, the annual income, the share of public participation and foreign companies In the authorized capital.

Declaration of accessories to the SMP is a document that is usually used by procurement participants for advantages when choosing a winner if such preferences were specified in the procurement documentation.

Sometimes, during the purchase, only representatives of small business are allowed to participate, in which case the provision of the relevant declaration is mandatory.

Declaration of belonging to small business entities, if the purchase takes place in the form electronic auctionThis is attached as part of the second part of the application for participation. If this is a request for proposals, then this document Just turns on the application.

Download Sample Declaration on accessories to small business entities Subjects of small businesses (Suitable for LLC and IP) (document Microsoft Word.doc)

Where to get a declaration about accessories to the SMP?

Often novice procurement participants are asked by a similar question. This declaration is not necessary to receive anywhere, it is drawn up by the participant itself and is assigned to them (printing, signature).

How to make a declaration about belonging to the SMP?

Its belonging to small business entities can be declared in free form, but indicating the criteria, on the basis of which the organization relates to small businesses.

Criteria for small business entities

These criteria are:

In the authorized capital of the organization, the total share of the participation of the Russian Federation and its subjects, as well as foreign organizations and religious / public / charitable associations should be no more than 25%. More than 25% of the share also should not belong to JUR. Persons who are not small business entities.
Average number Employees for the previous year should not exceed 100 people.
Revenue or banking value of assets for the year should be no more than 400,000,000 rubles excluding VAT.

In order for you to properly draw up a declaration of belonging to SMP and get admission to participate in the tender, we have prepared a sample of this declaration for you. The sample is filled in all the rules current legislation and is suitable for participation in public procurement.

Also in the event of difficulties in filling the declarations and other tender documentation, we recommend contacting our specialist for free consultation with the help of the chat at the bottom of the page.

The declaration of accessories to the SMP of 44-FZ confirms that the participant complies with the state-approved criteria and can participate in procurement with restrictions for small enterprises. We will tell you more about this document in the article.

Do I need a SMP declaration of 44-ФЗ in 2019

Confirm involvement in SMP and Sonoto, by providing a declaration. This rule has not changed in 2019. But it is worth knowing that the Federal Law of 03.08.2018 No. 313-FZ came into force in 2018. From now on, introduced required condition The fact that all small businesses should be included in the unified register of small and medium-sized entrepreneurship subjects. One declaration is not enough. I need either only an extract from the registry or both.

The SMP declaration can be provided with the use of functionality electronic platform. That is, a separate document is theoretically not needed. However, many customers adhere to the position that the paper form has not been canceled, although the administrative practice is contrary to it. Therefore, we recommend yet to apply the declaration to the second part of the application.

Form of the SMP Declaration of 44-FZ

The approved form of declaration on belonging to SMP on 44-ФЗ does not exist. However, there is a sample of 223-FZ (PP of the Russian Federation of December 11, 2014 No. 1352). Participants in the state procurement can take advantage of them.

In the declaration, you need to specify the name of the procurement participant, if it is a company, and full name, if it is an IP. The following is a formulation that the participant complies with the criteria of Art. four Federal Law from 24.07.2007 No. 209-FZ and its category (small or microenterprise).

Below:

legal address;
INN / CAT;
OGRN.

After that, specify information for each criterion for assigning SMP. It is more convenient to issue information in the form of a table.

How to fill the SMP declaration of 44-ФЗ

In the table, specify the installed on federal level Values, and nearby indicators for a specific small enterprise. For example:

The total proportion of the participation of the state or subject in the authorized capital is no more than 25%.

How SMP participate in procurement in 2019

Read what options for participation in public procurements are small enterprises, how to work with registration in EIS and what to pay attention to the customer's procurement documentation.
From the article in learn:
☆ What options for participation for SMP offers contract system;
☆ How to work with registration under the new rules;
☆ what to pay attention to the purchase documentation.

Similarly, fill in the following lines:

share of participation in the Criminal Procedure of Foreign Legal Entities (no more than 49%);
the share of participation in the Criminal Code of persons is not among the SMP (maximum of 49%);
the number of employees on average over the past year (up to 100 for small enterprises);
revenue without accounting for VAT 3 years before the declaration of declaration (maximum 800 million rubles).

In the following rows, make the necessary data:

activities with an indication of OKVED2 and OKPD2 codes;
information about goods, work, services;
information on licenses from the state registry.

Filling the lines listed below, select the answer "Yes" or "No":

are the company's shares to the innovative economy sector;
the company's activities are to implement the results of intellectual activity, the rights to which its founders own;
is the company of the Skolkovo project?
whether the founders among the persons providing state support (their list approves the Government of the Russian Federation);
are the company's products to high-tech;
whether the company is involved in customer partnership programs with SMP (if yes, you need to specify the name of the customer);
whether the state contracts were concluded last year (it will be necessary to specify the number and total cost);
is there any information about the SMP in the register of unfair performers.

Government procurement is a federal placement system for municipal or state needs. Here are large volumes for suppliers of goods and services of services, and small businesses enjoys competitive selection Special privileges. In this article, you will find a sample declaration of belonging to small businesses, which must be submitted with participation in the auction together with other documents.

Who belongs to small business entities

The declaration of belonging to the SMP (small business entity), according to the requirements of 44 ФЗ, is prepared in free form. You can download our sample, relevant for 2020, or make your own option, however, from August 1, 2016 the situation has changed.

In mid-2016, the Federal Tax Service has developed Russian. Now information on compliance with the criteria of the SMP is available to state customers and any interested parties. The registry information is in the public access to get them, it is enough to specify in the Inn search row or the name of the organization (the full name of the individual IP).

Information from the registry is formed as a PDF or Excel file format and includes such data:

name of organization or phio of an individual entrepreneur;
location and Inn;
category of the subject of SMEs;
all activity codes for OKVED.

At the request of the businessman in the registry, it is also possible to add its full contact details, information about the products produced, participation in public procurement and contracts.

In the Decree of the Government of the Russian Federation of July 26, 2016, N 719 states that the Declaration on the conformity of the participant in the agencies of small business entities is no longer obligatory. To confirm this status, it is enough to submit information from Unified Registry. Moreover, the ruling says that the customer is not entitled to require other confirmation if the data of the bidder is in the registry.

However, there may be a situation that information about the businessman is not listed in the registry or they are distorted. In this case, the only version of confirmation is the SMP declaration in free form.

From this article, you will learn how to fill in the SMP Declaration to participate in procurement of 44 ФЗ on the example of the Winner LLC (fictional company, all coincidences are random), as well as download declarations for LLC and IP. Important addition article is relevant in 2018.

Example of filling:

"Declaration of 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 Entrepreneurship in the Russian Federation "

The participant of the auction LLC "Winner" refers to small business entities in compliance with the following conditions:

1. Total share of participation 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 (with the exception of the assets of shareholder investment funds and closed mutual investment funds).

2. The share of participation belonging to one or more legal entitiesthat are not subjects of small and medium-sized businesses, does not exceed twenty-five percent.

3. The average number of employees for the previous calendar year does not exceed the next limit value of the average number of employees for small business entities - a hundred people inclusive.

4. Revenue from the sale of goods (works, services) without taking into account the value added tax or the carrying amount of assets (the residual value of fixed assets and intangible assets) for the previous calendar year does not exceed the limit values \u200b\u200bestablished by the Government of the Russian Federation for small business entities - does not exceed 800 million rubles inclusive.

Director of the "Winner" LLC ____________ A.Ya. First

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