Documents and fines: whether you can rent out a bathhouse in your country house

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We tell you in which case it is possible to conduct commercial activities on a country plot, and when the business will result in serious fines

Documents and fines: whether you can rent out a bathhouse in your country house
When acquiring land plots, in addition to houses, dacha owners often erect bathhouses, garages, barbecue pavilions and other objects on them. Often owners want to earn money by renting them out. However, it is not so easy to do this. Unlike renting out apartments or summer houses, renting out a bathhouse is already a commercial activity (provision of services) and requires business registration. This also applies to renting out accommodation if it provides hotel services (organizing a hostel).
 
Lawyers explained in which case for commercial activities on the plot threaten fines and even criminal liability, when you can make money without breaking the law.
 
When renting is prohibited
 
According to the legislation, on the plot with the appointment for individual housing construction (IHL) and garden non-commercial partnerships (SNT) can build various types of objects.
 
"All erected structures must comply with the norms of SNiP and Federal Law No. 384-FZ, and must be designed and coordinated. The owner of the plot can build on it, a garage, a bathhouse, a greenhouse, a shed, a toilet, a veranda, gazebos and other objects. A reduced tax rate is applied to the lands of residential housing, if the plot is not used for commercial purposes. However, it is prohibited to lease such objects on the lands of housing and communal cooperative societies. It is possible to create a commercial bathhouse only in the objects of public and business development on the lands of settlements", - said the expert of countryside real estate Igor Kapustin.
 
At the same time, the law does not prohibit the owners of the plot to invite neighbors or friends to their bathhouse, the expert said. He noted that if there is evidence of commercial interest of a dacha owner, he will be in serious trouble.
 
How to make business legal
 
In order to rent a bathhouse in the dacha legally, you need to obtain a number of permits, said lawyer AB Asterisk Vyacheslav Klimov. According to him, these include:
Registration of the land plot on which the bathhouse is located, as well as the bathhouse itself as commercial real estate. This registration is done through the Rosreestr. If this is not done, there is a risk of administrative liability under Article 8.8 of the CAO RF in the form of a fine of 0.5 - 1% of the cadastral value of real estate, but not less than 10 thousand rubles.
Registration as an individual entrepreneur or creation of a legal entity. Registration is carried out by the tax inspectorate. Entrepreneurial activity without proper registration entails administrative liability under Article 14.1 of the Administrative Offenses Code of the Russian Federation - a fine of 500 to 2 thousand rubles. In addition, as part of the tax liability will need to pay all arrears and a fine (20% of the unpaid amount of tax - part 1 of article 122 of the Tax Code of the Russian Federation).
 
"In the event that the revenue (without deducting expenses) amounted to more than 2,250,000 rubles for the year, then criminal liability is provided for illegal entrepreneurship (Art. 171 of the Criminal Code of the Russian Federation - a fine of up to 300 thousand rubles). Non-payment of taxes in the amount of more than 2.7 million rubles will entail criminal liability under Art. 198 of the Criminal Code (in the form of a fine from 100 thousand rubles to 300 thousand rubles or imprisonment for up to 1 year). But, taking into account not so large turnovers when renting a bathhouse and other objects on a dacha plot and the complexity of proving these compositions, the risk of criminal liability is very low," - said Klimov.
 
 
Thus, citizens who want to rent out their bathhouse, it is better not to take risks and formalize everything according to the law. "If before it was still possible with little risk to do everything without permits, using "word of mouth", now, with advertising on the Internet and other sources it is very easy to get a sudden fine. A random tax inspection, a complaint from a disgruntled tenant or neighbor is enough," summarized the lawyer.
 
What with country houses
 
With the lease of a country house everything is much simpler. To do this, you do not need to register an IE or a UL, you can rent out a dacha without obstacles and as an individual. "The main thing is that such activities are not of a large-scale nature. For example, if the owner begins to rent out not only the dacha, but also simultaneously with it another (or more) house, then registration as an individual entrepreneur will be mandatory (paragraph 2 of the Decree of the Plenum of the Supreme Court of the Russian Federation of 18.11.2004 № 23)," - explained the lawyer AB Asterisk.

Source: RBK
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