Declaration form ss. How to confirm that the company belongs to small and medium-sized businesses. Assigning a firm to the subjects of the NSR according to the declaration: criteria

Declaration - a document in which a person proclaims that it belongs to small businesses (SMEs). And this gives him the right to participate in tenders with advantages (Article 30 of the Law on contract system). The customer has an obligation to make purchases from the SMP under 44-FZ. If you look at the statistics, you can see that the percentage of purchases from SMP under 44-FZ is at least 15% of the total annual volume of purchases.

At the same time, from 01.08.2016 the Federal Tax Service has been conducting Single register small and medium-sized businesses. Accordingly, the participant has the right to confirm his belonging to them with an extract from the register. It looks like this.

The possibility of submitting a declaration instead of an extract is confirmed in the Resolution of the Arbitration Court of the North-Western District of January 23, 2018 in case No. A56-2602 / 2017. For example, if the organization is newly created and there is no information in the register, the participant can declare his affiliation to the SMP using a declaration. Some, out of habit, send a declaration of belonging to small businesses as part of the application.

If the customer conducts tenders only among small businesses, this must be prescribed in the tender documentation in the form of advantages and limitations. Then the participants are obliged to declare their belonging to such. In other cases, this is their right.

From 01.07.2018 there will be no need to draw up and submit a separate document. Belonging to small businesses will be confirmed automatically by email trading platform at the time of application.

Payment period

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

Who belongs to the SMP under 44-FZ

It is registered in established order legal entities (business companies, partnerships, peasant farms) and individual entrepreneurs (Law No. 209). The criteria for belonging of certain persons to such subjects have been established (at least one of them is required):

• participation of state, municipal bodies in the authorized capital is not allowed, public organizations, funds over 25%;
• no more than 49% of shares belong to other companies (legal entities), including foreign ones;
• the activity consists in the application of the results of intellectual activity;
• has the status of a participant in the Skolkovo project;
• the founders are persons included in the list of those who provide state support innovation activities;
• the average number of employees does not exceed: for medium-sized enterprises - from 101 to 250 people, for small enterprises - up to 100 employees, for micro-enterprises - up to 15 people;
• annual income should not exceed the following limit values: micro-enterprises - 120 million rubles, small enterprises - 800 million rubles, medium-sized enterprises - 2 billion rubles.

Government procurement is a federal system for placing orders for municipal or state needs. Here, large volumes are announced for suppliers of goods and service providers, and small businesses enjoy special privileges in competitive selection. In this article, you will find a sample declaration of affiliation with small business entities, which must be submitted when bidding along with other documents.

Who belongs to small business entities

The declaration of belonging to the SME (small business entity), in accordance with the requirements of 44 FZ, is prepared in free form. You can download our sample, which is relevant for 2020, or compose your own version, however, since August 1, 2016, the situation has changed.

In mid-2016, the Federal Tax Service developed a Russian one. Now information on compliance with the SMP criteria is available to government customers and any interested parties. Information from the Register is in the public domain, in order to obtain it, it is enough to indicate in the search bar the TIN or the name of the organization (full name of the individual entrepreneur).

Information from the register is generated in the form of a PDF or Excel file and includes the following data:

• organization name or full name individual entrepreneur;
• location and TIN;
• category of the SME entity;
• all codes of activity according to OKVED.

At the request of a businessman, you can also add his full contact information to the register, information about the products being manufactured, about participation in public procurement and the conclusion of contracts.

The Decree of the Government of the Russian Federation of July 26, 2016 N 719 states that the declaration of conformity of a tenderer to small businesses is no longer mandatory. To confirm this status, it is enough to provide information from the Unified Register. Moreover, the Resolution explicitly states that the customer does not have the right to demand other confirmation if the bidder's data is in the register.

However, a situation may arise that information about a businessman is not entered in the register or is distorted. In this case, the only confirmation option is a free-form NSR declaration.

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_________________________________ ___ ___________________________

(Signature of authorized representative) (Name and title of 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 submitted as part of the application for participation in the procurement in case of indication in Form 1 of the membership of the procurement participant 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 Russian Federation».
3. The procurement participant gives the number and date of the application for participation in the procurement, to which this form is attached.
4. The procurement participant indicates his business name (including organizational and 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 involved by the participant subcontractor (co-contractor) / manufacturer if such subcontractor (co-contractor) / manufacturer is a subject of small and medium-sized businesses. On themanufacturer, which is a small and medium-sized business entity, Form 1.1 is filled out and submitted as part of an application for participation in the procurement only on condition that the manufacturer is directly involved in the procurement to perform work on the manufacture of goods, 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. with signature and seal, as well as in editable format * .doc or * .xls.

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Manual, instructions for use

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

Thus, the provision of the considered declaration 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 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 form 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.

How to fill out an smp declaration for 44 fz example

INN / KPP, PSRN, legal address) represented by General Director Sergei Leonidovich Yegorov, (position and full name of the head / representative of a legal entity or individual entrepreneur) declares belonging 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 limit of 49% established by law).
2. The average number of employees for the previous calendar year was 100 people (within the statutory norm for small businesses of 100 people).
3. Annual proceeds from the sale of goods (works, services) - 764 million rubles. (within the norm for a small enterprise up to 800 million rubles.

Declaration of affiliation with small business entities (smp)

Guidelines for filling out the declaration of affiliation to the smp for llc and ip

The average number of employees of LLC "Romashka" 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 book value of assets (residual value of fixed assets and intangible assets) for the previous calendar year does not exceed 800 million rubles. General manager Ivanov I.I. M.P. Download from our website in Word (.doc) format - Option 1, Option 2 Actual for 2018. From August 1, 2016, instead of this declaration (or together), 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 to small businesses (sample)

Attention

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

Who belongs to SMEs according to Federal Law 44 These are legal entities registered in accordance with the established procedure (business companies, partnerships, peasant farms) and individual entrepreneurs (Law No. 209). Criteria for the 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 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 as a subject of 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 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.

Declaration of Affiliation to Small Business Entities: Sample

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

Sample filling out the declaration of smp

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: - the total share of state and municipal bodies, foreign companies, public structures, religious organizations, and charitable and other funds owned by the company does not exceed 25%; - the total share of legal entities that are not subjects of the NSR in the ownership of the company also does not exceed 25%. However, the application of these legislative norms is characterized by a number of nuances. Determination of shares business society: nuances First of all, when determining the first criterion - of those listed above - assets belonging to investment and mutual funds are not taken into account.

We study the declaration of smp for 44 fz

Criteria for classifying a company as an SME: revenue Another criterion for classifying a company as an SME 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. The declaration of belonging 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 the legislation of Russia.

Declaration of Affiliation to Small Business Entities (SME) - sample

Let's study them. Classification of a company as an SME: 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 calendar years in a row.

Winner ”(a fictional company, all coincidences are random), as well as download the Declarations for LLC and IE. An important addition, the article is relevant in 2018. An example of filling out: "Declaration of compliance of the participant with the requirements established by article 4 of the Federal Law of 24.07.2007 No. 209-FZ" On the development of small and medium-sized businesses in the Russian Federation " . The total share of participation of the Russian Federation, constituent entities of the Russian Federation, municipalities, foreign legal entities, foreign citizens, public and religious organizations (associations), charitable and other funds in the authorized (joint) capital (mutual fund) does not exceed twenty-five percent (for excluding assets of joint stock investment funds and closed-end mutual investment funds).

How to fill out an smp declaration for a sample llc

Relevant declaration 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 declaration; - 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 Declaration of an individual entrepreneur on his belonging to the SME can also be supplemented with a certificate of inclusion in the register of SME subjects, and in its absence: - a form reflecting the average number of employees for the previous 2 calendar years; - declaration in the form of 3-NDFL; - a declaration on the tax paid.

A declaration of affiliation with the NSR is a document that is usually used by procurement participants to obtain benefits in choosing a winner, if such preferences were specified in the procurement documentation. "> Admin

These criteria are:

1. In the authorized capital of an organization, the total share of 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 must also not be owned by a legal entity. persons who are not subjects of small business.
2. The average number of employees for the previous year should not exceed 100 people.
3. The revenue or bank value of assets for the year must not exceed 400,000,000 rubles excluding VAT.

In order for you to be able to correctly draw up a declaration of belonging to the NSR and obtain admission to participate in the tender, we have prepared a sample of this declaration for you. The sample is filled out in accordance with all the rules of the current legislation and is suitable for participation in public procurement.

Also, if you have any difficulties in filling out declarations and other tender documents, we recommend that you contact the experts

3. Video-tool how to prepare documents for the tender

For a guaranteed result in tender purchases, you can seek advice from the experts of the Entrepreneurship Support Center. If your organization belongs to small business entities, you can get a number of advantages: advance payments under government contracts, short time settlements, conclusion of direct contracts and subcontracts without a tender.

Information about organizations and individual entrepreneurs that correspond to their classification as small or medium-sized enterprises must be included in the Unified Register of Small and Medium-Sized Businesses. We talked in more detail about the maintenance of such a register and the information reflected in it in a separate section. And what is meant by a certificate of belonging to small and medium-sized enterprises (SMEs) or an extract of SMEs?

Extract from the SMP

Information about small and medium-sized enterprises, which is contained in the register, is posted and updated on the 10th day of each month on the official website of the Federal Tax Service in a special section. The posted information is publicly available for 5 calendar years following the year of posting such information on the website (part 9 of article 4.1 of the Federal Law of July 24, 2007 No. 209-FZ).

Confirmation of the belonging of an organization or individual entrepreneur to small and medium-sized businesses is made by an interested person when he or she turns to the register (Letter of the Federal Tax Service dated 08.08.2017 No. GD-4-14 / [email protected]). To do this, on the site it will be enough to indicate one of the details of the organization or individual entrepreneur: INN, PSRN, OGRNIP, name of the organization, full name. SP.

Information from the register generated on the FTS website can be exported to Excel or saved in PDF format. Such pdf-information is signed by a strengthened qualified electronic signature and possess legal force in accordance with paragraphs 1 and 3 of Art. 6 of the Federal Law of 06.04.2011 No. 63-FZ.

Issuance tax inspectorates similar information in paper form with original signature and seal is not provided.

Certificate of a small business entity: sample

But if an organization or individual entrepreneur is involved in the procurement of goods, works, services separate types organizations in accordance with the provisions of the Federal Law of 18.07.2011 No. 223-FZ, then to confirm the status of a small or medium-sized enterprise, it will be enough either to fill out and submit a declaration, or to provide it on paper or in the form electronic document extracts of the SMP from the FTS website (Regulation approved by Government Decree No. 1352 of 11.12.2014).