Entrepreneurs are not entitled to any maternity leave at all. Only a businessman who has joined the compulsory social insurance system has the right to count on financial support.

Attention: do not confuse voluntary insurance contributions with contributions to the Pension Fund - the businessman pays them in any case.

The issue of support for individual entrepreneurs who decide to become parents is regulated by the provisions of Federal Law No. 212-FZ of July 24, 2009 “On insurance premiums”.

In case of full payment under the contract, the owner of a private business receives:

• monthly payments for caring for a son or daughter until they are one and a half years old.

In addition, there are also benefits and subsidies depending on the region, the social status of the citizen, and his place of service.

Taxes

A woman who is about to give birth will not be able to pay due attention to business for some time. Before the decree, you must contact the department of the Federal Tax Service to resolve the issue of suspension of activities.

Usually, while the entrepreneur is caring for her child, it is allowed to officially suspend the business and, accordingly, don't pay taxes.

How can an entrepreneur get maternity benefits?

In order to receive benefits from the state while caring for a newborn, a businesswoman collects the necessary papers and submits an application to the local Social Insurance Fund department to conclude a social insurance agreement.

Afterwards you will need pay dues every month until the end of the year. That is, the right to receive benefits in connection with maternity for an individual entrepreneur arises in the current year if he has fully paid insurance premiums for the previous calendar year.

The situation when a mother suspends her business in the same year in which she entered into an insurance contract, but is going on maternity leave, deserves special consideration. To get money, there is only one way out - to continue paying until the end of the term.

From the beginning of next year you need to submit an application for benefits to the Social Insurance Fund. The time to submit an application for payment is given no more than six months after the deadline.

Procedure for deduction to the Social Insurance Fund

You will need documentation to conclude an agreement with the Social Insurance Fund:

• general passport;
• certificate of registration as a private entrepreneur;
• statement.

Important: working while on sick leave is prohibited. If an entrepreneur violates this rule, she will lose the right to benefits.

You can submit documents directly when visiting the Fund’s office, or you can use the services of the Multifunctional Center (My Documents).

Review of the application can take quite a long period - up to three months if any problems are discovered during the verification process.

If there are none, the decision will take up to three working days.

After registering with the Social Insurance Fund, the expectant mother must pay insurance premiums in accordance with the procedure approved by Decree of the Government of the Russian Federation No. 790 of October 2, 2009

Formula for calculating insurance premiums

Contributions to the Social Insurance Fund are paid according to the formula:
Minimum wage*2.9*12

Where 2.9 is the rate of contributions to the Fund, and 12 is the number of months in a year.

Below are the amounts due for deductions for the last four years:

1. 2015 2075.82 rubles
2. 2016 2158.99 rubles
3. 2017 2,610 rubles
4. 2018 3,302.07 rubles

IMPORTANT! All calculations of benefits for this category of mothers are based on, since the entrepreneur pays contributions at the minimum value

The procedure for receiving benefits from the Social Insurance Fund

To receive the payment, the expectant mother provides the following documents directly to the Social Insurance Fund:

1. application (free form);
2. general passport;
3. birth certificates of all sons and daughters;
4. a certificate from the second parent that he is not receiving benefits and he did not leave work on maternity leave.

You can apply for support for the birth of a baby within six months from the end of maternity leave;

for child care no later than the moment when the born child reaches 18 months of age.

What and in what size should the expectant mother be entitled?

1. The maternity benefit for individual entrepreneurs in 2018 will be 35 thousand 852 rubles for a standard one hundred and forty-day vacation. If twins are born or the birth is difficult, the period of sick leave will increase, and with it the amount of maternity benefits.
2. When registering at the antenatal clinic, the mother receives a one-time payment of 632 rubles, 76 kopecks.
3. One-time benefit for the birth of a baby in the amount of 16,759.09 rubles. It is paid
   regardless of his social status.
4. Cash assistance for caring for a son or daughter up to 1.5 years old.

The amount of child care benefits depends on whether the mother paid insurance contributions to the Fund or not.

In the first case, the payment amount is 40% of the mother’s average monthly income. This is a general rule. For all self-employed people, it is a forty percent share of the regional minimum earnings.

In the second case, the amount of payments will be 3120 and 6131 rubles for the first and second offspring, respectively. Moreover, this applies to all officially unemployed women, regardless of whether they entered into the voluntary insurance system or not.

If the entrepreneur has not signed an agreement with the Social Insurance Fund, she needs to contact the local social protection department.

Payment terms

Via FSS

The FSS branch where the individual entrepreneur transferred contributions calculates and pays benefits within 10 calendar days from the moment of receipt of all necessary documents. Money is transferred in any of the following ways:

1. Postal transfer.
2. Transfer to a bank account.
3. Transfer through other organizations.

Through social security

When contacting social security authorities, the package of documents is reviewed within 10 days, the transfer is made to a bank account or by Russian Post no later than the 26th day of the month following the one in which the documents were accepted

Nuances upon receipt

It often happens that a woman runs her own business and at the same time works under a contract in another place. In fact, in this case, she works part-time.

In this case, she does not need to contact the FSS on her own. It is enough to write an application and provide sick leave to the accounting department of the company where she works.

Maternity benefits are calculated and paid for each place, and financial assistance for child care up to 1.5 years only in one place at the discretion of the parent

Possibility of refusal

When considering an application to the FSS payment may be refused in cases:

• providing incorrect data;
• absence of any of the documents;
• lack of payments under the contract and its termination.

So it turns out that even owners of their own businesses are not deprived of support from the state. To do this, it is necessary to conclude an agreement on the social insurance system and officially suspend the activities of an individual entrepreneur while caring for the offspring.

If everything is clear with maternity benefits for an officially employed woman: the employer is responsible for her insurance premiums, then what about a person who works for himself? Entrepreneurs do not enter into employment contracts with themselves. How to get maternity benefits if I am an individual entrepreneur?

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The answer to this question is simple - you need to take care of this in advance. What needs to be done for this, what the size of the future benefit will be, and whether it is necessary to submit any reports during vacation will be discussed in the article.

What does the law say?

In fact, a businessman can receive all the provided benefits when becoming a woman, just like everyone else, through the Social Insurance Fund. Only in her case should she register on her own.

General points

The law does not establish for such a category of persons as individual entrepreneurs mandatory registration with social insurance and payment of contributions. Therefore, many of them do not consider it necessary to be listed there, especially if the businessman works alone, without employees.

However, no one is immune from illness and temporary disability. This is especially true for women who, sooner or later, will have to bear and give birth to children, and then stay at home with them for some time.

Normative base

The conditions for receiving maternity benefits, child care benefits and sick leave payments for individual entrepreneurs are reflected in the following regulations:

• Federal Law No. 212-FZ of July 24, 2009 “On insurance contributions to the Pension Fund of the Russian Federation, Social Insurance Fund, Federal Compulsory Medical Insurance Fund”;
• Government Decree No. 790 of October 2, 2009, which approved the “Rules for the payment of insurance premiums by persons who voluntarily entered into legal relations for compulsory social insurance in case of temporary disability and in connection with maternity”;
• Federal Law No. 255-FZ of December 29, 2006 “On compulsory social insurance in case of temporary disability and in connection with maternity.”

You can view the text of these documents on our website:

What is required and in what cases

An individual entrepreneur will receive maternity benefit payments in 2019 if she paid social insurance before January 1, 2019.

Under these conditions, the young mother will receive:

• a one-time payment for placement in a residential complex for up to 12 weeks of pregnancy;
• B and R benefits (vacation is 70 days before and the same after childbirth, 140 days in total);
• one-time benefit for the birth of a child;
• monthly payments until the child reaches 1.5 years of age.

Moreover, not many people know that the last two payments are due even to those business mothers who have not entered into voluntary insurance, only through the social welfare department.

Also, on a general basis, these categories of citizens can apply for other types of benefits provided in their region. This could be payments at the birth of the 2nd or 3rd child, as part of the support of large families, or financial assistance to the wives of conscripts.

When a businesswoman decides to adopt a baby from an orphanage, this fact is also considered an insured event for the payment of maternity benefits. In this case, the amount of payment will be calculated based on 70 days after the date of adoption or 110 days when adopting two or more children.

Who pays – the entrepreneur or the state?

As for the amounts for payments of all due benefits, the FSS will pay them to the businessman from its budget.

But this will be possible only after the individual entrepreneur has paid the insurance premium for a year.

The contribution amount for one insurance year is calculated depending on the established minimum wage and the special tariff in percentage terms. In 2019, the voluntary contribution was 2,159 rubles.

Payments of maternity benefits to individual entrepreneurs in 2019

Now let’s take a closer look at what needs to be done to receive maternity individual entrepreneurs for each type of benefit.

B&R manual

So, the main condition for receiving payments from the Social Insurance Fund is the preliminary conclusion of a voluntary insurance agreement. This procedure imposes certain obligations on both parties: the citizen pays contributions annually, and the policyholder then pays him benefits when an insured event occurs.

The B&R benefit is payment for sick leave lasting 140 days.

In 2019, only those mother entrepreneurs who paid insurance in the amount of 2,159 rubles in 2019 will receive it.

Child care allowance

Does a businesswoman who gives birth to a child receive care benefits for up to 1.5 years, like all other women? Of course it does if it fulfills the same conditions as in the previous example. Only the calculation of this allowance for entrepreneurs will be different.

The amount is obtained, again, based on the minimum wage, and not on monthly income, as would be the case with an ordinary female employee.

How to make contributions

As already noted, an individual entrepreneur should take care of her future maternity leave at the stage of pregnancy planning, long before the baby is born.

Where to go?

A citizen going on maternity leave from her employer receives all her payments at work. But the entrepreneur should then contact the FSS branch at her place of registration, concluding a voluntary insurance agreement on her own initiative.

Documents for registration

The list of required documents that the Fund will ask from a businesswoman is not that long:

• application according to the established form;
• certified copies of: passport; OGRNIP certificates; TIN certificates.

Sometimes the task is simplified by the fact that FSS employees themselves have the right to request information about the entrepreneur from the tax office. You can also bring all originals and copies of documents to the appointment, then the Foundation will certify them independently, and you will not need to use the services of a notary.

How much should I pay?

Regardless of the income of each individual entrepreneur, the amount of contributions to the Social Insurance Fund for them will be the same, since it is calculated according to the minimum wage.

The formula looks like this:

Contribution = minimum wage x 2.9 x 12

In accordance with this, it is easy to create a table showing how the contribution amount has changed over three years:

2015	2076 rub.
2016	2159 rub.
2017	2610 rub.

Of course, this value grows year by year, but the amount of benefits for individual entrepreneurs on maternity leave increases proportionally with it.

Deadlines

The procedure for registering a volunteer with the Social Insurance Fund takes place within 5 working days.

The result of its completion will be the issuance of a notification indicating the registration number. And of course, the businessman retains a second copy of the concluded agreement.

How to receive payments?

A mother-entrepreneur should receive maternity money from the social insurance fund to which she transferred the contribution.

Most likely, it will be located at the place of its registration. But even in case of migration, she should apply not to the new FSS, but to the old one, where she was previously registered.

Individual entrepreneurs can receive money in any convenient way:

• postal transfer;
• by crediting to the card;
• through the bank.

One of these methods can be indicated when submitting documents along with the application.

B&R manual

Receiving benefits under B and R for individual entrepreneurs also has its own peculiarity: if a woman on maternity leave at work can immediately receive all her payments, then a businesswoman will have to wait for the moment when she is issued a certificate of incapacity for work.

This usually happens after discharge from the hospital. In addition to sick leave, the citizen also submits a freely drawn up application.

The period for making a decision and calculating payments according to the rule should not exceed 10 days. After this, the legislation sets the deadline for transferring money no later than the 26th of the next month.

Child care allowance

These payments can be received not only by voluntarily insured persons, but also by non-entrepreneurs without obligations to the Social Insurance Fund.

To do this, they go to the local social security authority and submit there, among other things, additional documents:

• original and copy of OGRNIP certificate;
• a certificate from the Social Insurance Fund confirming the absence of an insurance contract.

For those persons who are registered in the Social Insurance Fund, all types of benefits can be issued immediately after receiving sick leave from the maternity hospital.

It is better to provide at once a general package of documents for all required benefits and write all applications at once.

Foundation employees may additionally request:

• originals and copies of birth certificates for all children;
• a certificate from the spouse that he is not in .

They will not require other documents to confirm work experience and income levels from businessmen.

How to calculate the size?

Many people are interested in the size of the future benefit that an individual entrepreneur will receive during maternity leave.

Let's look at examples of calculating each type of maternity benefits.

Calculation example:

The middle of 2019 was memorable for the fact that the minimum wage was significantly increased.

This, naturally, affected not only the amount of mandatory contributions to the Social Insurance Fund, but also the amount of maternity benefits for mother-entrepreneurs.

Such an important indicator as a person has grown in size in one day over the past two years. This number is important because it is used in the formula for calculating benefits for B and R.

Now it is equal to 246 rubles instead of 203 rubles last year.

B&R manual

The calculation of benefits for individual entrepreneurs is carried out similarly to the scheme that is used to calculate payments to ordinary employees, only instead of the average monthly income they put the minimum wage value:

Allowance for B&R (IP)=24 minimum wage/730 x 140,

• 24 – months in two years;
• 730 – days in two years;
• 140 is the usual length of sick leave for pregnancy and childbirth.

As a result, in 2019, businesswomen who give birth will receive about 34 and a half thousand.

Child care allowance

This payment is also calculated according to the minimum wage, but the law sets a value below which benefits cannot be assigned; it is equal to the minimum wage.

The following figures apply for 2019:

Calculation for individual entrepreneurs: 7500 x 0.4=3000

Thus, a young businessman mother will receive three thousand monthly until the child is 1.5 years old.

Taxes

Depending on the chosen taxation system, the entrepreneur may be advised to suspend activities during the B&R holiday and the first years of the baby’s life, so that taxes are not assessed and reporting is not required.

In order to receive competent advice on how it is most profitable for an individual entrepreneur to act during this period of life, you can contact the tax office.

Nuances

And now a few nuances that citizens so often ask lawyers about.

If a woman individual entrepreneur also works under an employment contract

Work does not prevent a woman who also has her own business from receiving maternity money both here and there. After all, this situation assumes that contributions for it are transferred in double amount, which means there will also be two benefits.

Should activities be suspended during maternity leave?

Suspension of activities will not help avoid charges, since such individual entrepreneurs cannot report zero income. Deregistration will help them avoid paying tax on imputed income annually.

What reporting and where will need to be submitted during vacation?

Entrepreneurs under any tax system, even on maternity leave or caring for children, must provide all necessary reporting.

Tax returns will simply show zero income.

Is it possible to transfer payments to my husband?

Since the law does not prohibit a close relative from caring for an infant under one and a half years old, you can re-register the second benefit even for your husband, grandmother or mother-in-law.

This is usually done by mothers of individual entrepreneurs, who immediately return to business after giving birth, and fathers look after their children. In this case, the man is entitled to care leave at work for up to 1.5 years with job retention and a monthly allowance.

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If the expectant mother is employed in an individual enterprise, of course, she is concerned about the question of whether maternity benefits are paid to the employees of the individual entrepreneur. The law establishes that all working women receive these benefits, although the amount of payments will differ significantly. Thus, this type of compensation is also due to this category of employees, provided that the individual entrepreneur transferred contributions to the Social Insurance Fund for the employee.

What is maternity leave?

First of all, it is necessary to decide what maternity leave is for an individual entrepreneur, since this concept itself is often interpreted differently and is not always correct. So, maternity leave, or maternity leave, is a period when a woman is relieved of her work duties due to disability caused by pregnancy and subsequent childbirth. That is, in fact, this only includes a strictly established time interval before the birth of a child and a certain period after his birth.

The duration of this type of leave may vary, as it depends on certain circumstances:

1. Normal birth. The duration of the vacation is 140 days (70 days before childbirth and 70 days after childbirth).
2. Complicated childbirth. The duration of the vacation is 156 days.
3. Multiple pregnancy. The duration of the vacation is 194 days.

This type of leave is provided on the basis of a certificate of incapacity for work, which is issued by the clinic at the place of residence or other medical organization where the employee expecting a child is registered. The amounts of the corresponding payments for individual entrepreneurs are calculated based on the employee’s average daily earnings, the billing period and the duration of the vacation.

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Prerequisite

One very important point should be noted: maternity benefits for an individual entrepreneur are paid only if the employer transferred insurance contributions for him to the Social Insurance Fund. That is, if an employee was registered in full compliance with the Labor Code of the Russian Federation, he, as a rule, does not have problems receiving maternity benefits.

If a woman herself is the owner of a business, she has every right not to pay insurance contributions to the Social Insurance Fund for herself, but at the same time she will not receive any maternity benefits, since the benefit is paid from this fund, the funds of which are formed from contributions from enterprises and organizations.

In order to be guaranteed to receive these payments, a woman entrepreneur, before going on leave due to pregnancy and the birth of a child, must pay fixed insurance contributions to the Social Insurance Fund on a voluntary basis for a year. Moreover, the greater these voluntary contributions to the Social Insurance Fund, the greater compensation she will receive after childbirth, but not more than the maximum amount established by law. The amount of contributions that must be transferred to individual entrepreneurs for themselves depends on the minimum wage. This amount can be paid in installments, or at once, the main thing is that it is paid before the end of the accounting year.

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Determining the amount of payments

When determining how much maternity pay will be paid to an employee, data is taken for the two previous years worked. This includes only fully worked and fully paid days. In this case, all sick leave and vacations are not taken into account. If an individual entrepreneur who is expecting a child is the owner of this enterprise, there will be fewer problems for her, since sick leave certificates may not have been issued to her. If an individual entrepreneur has worked at another company for the previous two years, this data is also taken into account when calculating the amount of maternity pay.

As for the amount of the benefit itself, the individual entrepreneur pays maternity benefits to employees, as mentioned above, based on their wages for the two previous years. If the owner of the individual entrepreneur herself goes on maternity leave, the benefit value is calculated differently, since in this case the woman does not receive wages. For such women, the amount of income for the billing period is taken into account. This amount is divided by the number of full days worked during this time.

Maternity benefits are paid one-time after all the necessary documents are submitted to the Social Insurance Fund. The minimum and maximum payment of maternity leave to an individual entrepreneur is strictly regulated. Maternity payments in this case must be within the minimum and maximum values ​​established by the state.

After a woman submits all the necessary documents, she has every right to receive cash benefits. But that is not all. In addition to this amount, if a pregnant woman registered with a medical institution no later than 12 weeks into her pregnancy, she will also be given a one-time benefit for registering at an early stage. The amount of this payment in 2016 was 543.67 rubles.

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Paperwork

To correctly complete a maternity leave and subsequently receive appropriate payments to an individual entrepreneur, in general, you need to perform the following steps:

1. First of all, she should register with a gynecologist at a medical institution, preferably no later than 12 weeks from the start of pregnancy. There you must also issue a sick leave certificate (generally for 140 days) from the 30th week of pregnancy.
2. If a woman was registered no later than 12 weeks of pregnancy, she needs to get a certificate about this.
3. Write an application addressed to the owner of the individual entrepreneur for maternity leave and an application for maternity benefits. In the event that a woman herself is the owner of an individual entrepreneur, she writes an application in her name.
4. After giving birth to one or more children, an employee has the right to receive child care benefits until the child turns 1.5 years old. To do this, a corresponding application is written to the employer, accompanied by the child’s birth certificate and a certificate from the father’s place of work stating that he was not assigned this benefit.
5. Sometimes it is more profitable for a family for the child’s mother to work and for the father to look after the children. The law establishes that a father who is an individual entrepreneur can also take parental leave, if necessary. In this case, he must provide his employer with the same package of documents.

Some female individual entrepreneurs have the opportunity and desire to continue working after the birth of a child even before the end of maternity leave, but they are not sure whether the owner of the individual entrepreneur will agree for them to go to work.

It should be remembered that even if an individual entrepreneur went on maternity leave after the birth of a child, she has the opportunity to go back to work, working part-time or part-time and at the same time receiving compensation for caring for the baby. Moreover, the owner of an individual entrepreneur has no right to terminate the employment contract with such an employee.

Motherhood and childhood are a special condition of a woman, which the state seeks to support at the federal and regional levels.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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Cash payments are the main form of support, thanks to which a woman who is unable to work is able to maintain an adequate standard of living.
One of the first benefits paid to a woman who becomes pregnant is maternity benefit (M&B).

However, for the majority of women who have registered individual entrepreneurship, this payment remains inaccessible. What does this depend on and how can the situation be changed?

General provisions

Women - individual entrepreneurs do not have the opportunity to receive the same amount of payments and benefits provided by the state for mothers as any woman.

In particular, we are talking about maternity benefits, which are obligatory paid by the employing organization to a woman going to.

Federal legislation includes the following categories of Russians in the list of persons entitled to receive payment in connection with leave under the BiR:

Thus, the law does not include women entrepreneurs in the list. This may seem unfair, but the explanation is actually quite simple.

The fact is that Russian legislation exempts entrepreneurs from paying contributions to the Social Insurance Fund.

Is an individual entrepreneur entitled to maternity benefits? Officially not allowed. The fact is that self-employed entrepreneurs are not required to insure themselves with the Fund, and therefore no payments in their favor are simply possible from the funds of this government agency.

An individual entrepreneur cannot issue a state-issued sick leave certificate, which means he has no right to receive maternity benefits.

What it is

Maternity benefits are often called maternity benefits. This is no coincidence, since it is during the period of maternity leave that the corresponding amount will be accrued.

According to the general rule, a pregnant employee is sent on vacation seventy days before the date of delivery expected by the gynecologist.

The same amount is allocated to restore a woman’s body after childbirth. Thus, the full period of sick leave issued for the expectant mother is 140 days.

There are circumstances in which maternity and recovery leave will be extended:

The sick leave, which the employer is obliged to pay, is drawn up by the obstetrician-gynecologist leading the pregnancy.

This is a very serious responsibility, so only a specialist observing the woman can calculate the date of the possible birth of the child, and only a state-issued sick leave certificate can be presented to the employer.

Maternity benefits are assigned from the thirtieth week of pregnancy, and after the end of maternity leave, a continuous one begins, which will last until the child’s third birthday.

Who does it apply to?

Payment for maternity leave as a measure of social support from the state for the expectant mother is possible only for working women.

The basis for the accrual is two fundamental points:

Officially unemployed women do not have the opportunity to claim maternity pay under the BiR precisely because no one makes contributions to the Social Insurance Fund for them.

In the same way, individual entrepreneurs are deprived of this payment, since the law does not require them to pay insurance contributions to the Social Insurance Fund.

Where to go

To receive payment for maternity leave, a working woman does not have to apply directly to the Social Insurance Fund for payment. Usually the entire procedure is carried out in the accounting department of the employing organization.

All payments in the event and birth are initially made at the enterprise. However, the funds paid are then returned to the employer’s account.

To receive payment under the BiR, it is enough to submit the following documents to the accounting department:

These papers are sufficient to calculate the amount of the B&R benefit. No additional confirmation is required.

How to receive maternity benefits for individual entrepreneurs

And yet, women who are individual entrepreneurs have the opportunity to receive maternity benefits in the same way as any employed woman.

To do this, two important conditions must be met, and then the Social Insurance Fund will definitely pay the due amount.

The necessary conditions

A system of voluntary social insurance may be a way out of the situation. It can be used not only by individual entrepreneurs, but also by notaries, farmers, and lawyers.

In addition to taxes, they must only voluntarily join the Social Insurance Fund as payers of contributions and promptly pay the amount of insurance in connection with maternity.

If a woman entrepreneur knows that she is going to become a mother next year, she should take care of her future in advance and act as a full-fledged employer.

The main conditions for receiving maternity benefits are as follows:

An important nuance - payment for maternity leave of an individual entrepreneur during pregnancy and childbirth in the current calendar year is possible only if the contributions for the previous year have been paid in full.

Payment must be made by December 31 of the previous year. If the due date for payment of maternity benefits occurs in 2019, then the expectant mother must pay all contributions by December 31, 2019.

In addition, you can receive an additional small but pleasant benefit if you register for pregnancy early, before 12 weeks. The bonus for such a simple step is 543 rubles, which have been paid since 2019.

If an entrepreneur previously worked as an employee and then registered an individual entrepreneur, the Social Insurance Fund will not be taken into account as a basis for payment. Simply put, previously made payments will “burn out.”

If an individual entrepreneur paid insurance premiums this year and plans to go on maternity leave during the same period, then she will not be able to count on receiving BiR benefits.

How much is charged?

Accrual of maternity benefits for individual entrepreneurs is possible only according to one scheme, the basis of which is the minimum wage - the minimum wage established in a given region.

In 2019, the federal minimum wage is 6 thousand 204 rubles.

If you pay this amount one-time before December 31, 2019, then in 2019 you can count on receiving benefits under the BiR. If the payment deadline is missed, the social insurance contract will be terminated unilaterally.

An individual entrepreneur who has paid the full amount of insurance premiums will receive a maternity benefit in the amount of 28 thousand 555 rubles. It is accrued without any conditions, according to the general scheme for 140 days before and after childbirth.

For part-timers

It often happens that a woman simultaneously works as a part-time employed person and as an individual entrepreneur. Will maternity money be accrued from the Social Insurance Fund budget in this case?

If an individual entrepreneur has registered as a payer of contributions and has regularly paid them for two years, then he has the opportunity to receive benefits both from the employer under an employment contract and from the Social Insurance Fund under a voluntary insurance agreement.

Employees of the social insurance fund and the accounting department of the enterprise are required to make a full calculation of maternity leave.

In the case of the Social Insurance Fund, the part-time worker will receive minimal accruals in accordance with the established minimum wage.

But for payment of maternity leave through the accounting department of the employing organization, different rules apply.

The part-time worker has the right to choose one of two options for calculation:

• or the amount ;
• or regional minimum wage.

However, in any case, the average monthly salary cannot be lower than the minimum wage in the region.

Since part-time work is often not a very profitable business, women usually choose the latter option.

Registration procedure

To conclude a voluntary insurance agreement with the Social Insurance Fund, an individual entrepreneur must submit the following documents to the Social Insurance Fund branch at the place of registration of the individual entrepreneur:

If desired, the entrepreneur may attach to the application:

The last two documents are not required, but Fund specialists may request these papers. Therefore, in order to avoid unnecessary red tape and speed up the process, it is better to prepare in advance for the meeting with the inspector and make the necessary copies.

However, the applicant’s reluctance to provide tax information cannot become a basis for refusal to enter into a voluntary insurance contract, since he can receive all the information of interest to the FSS directly from the tax authorities.

Within five working days, a certificate of registration as a payer of insurance premiums must be issued with a registration number assigned.

After that, all that remains is to pay the amount of fixed payments one-time or in installments according to the formula given above.

When an insured event occurs, that is, at the time of going on maternity leave, the individual entrepreneur must apply to the insurance fund for payment of benefits.

You need to provide the following documents:

An application for maternity benefits for individual entrepreneurs, a sample of which can be easily requested from an FSS inspector or viewed on a specialized online resource, is free in nature.

You just need to state your request, indicate the payment address, registration certificate number, and contact information.

If, when applying for benefits, the entrepreneur provides the inspector only with copies of documents, then they must be notarized.

When submitting copies along with the originals, no certification is required - an FSS employee will certify the documents independently and free of charge.

For calculating benefits, neither the entrepreneur nor the amount of average monthly earnings matters, because the calculation will be made based on the size of the minimum wage.

When calculating maternity benefits, an individual entrepreneur will be required to report to the funds using the approved Social Insurance Fund form.

Reports must be submitted to the inspector no later than January 15 of the year following the reporting period.

Video: maternity benefit for individual entrepreneurs

Special nuances

In addition to the BiR benefit, an individual entrepreneur - an expectant mother should know that she has the right to receive all additional types of federal and regional benefits:

There is an important nuance that will help avoid non-payment of maternity benefits to those mothers who went on maternity leave during the same period when they signed a voluntary insurance agreement with the Social Insurance Fund.

You can simply continue making payments or pay off the accrued annual payment as a one-time payment, and next year apply to social security for maternity benefits.

This must be done no later than six months after the sick leave period has passed. If you are not late in applying, the Social Insurance Fund will pay for sick leave in full. If you miss the deadline, maternity benefits will not be accrued and paid.

You can only count on receiving a lump sum benefit upon the birth of a baby.

The amount of the monthly benefit for a female individual entrepreneur insured by the Social Insurance Fund is calculated at a minimum. The same allowance is paid to an unemployed young mother.

However, the payment period is the same one and a half years as for all women caring for a baby.

If a child gets sick, an entrepreneur who is on maternity leave will have the opportunity to receive benefits that are accrued to care for a sick family member.

The amount will be transferred to the mother on an account open to individual entrepreneurs. The registration of the child in this case does not matter at all, since the payment is made not for the child, but for the benefit of the fee payer.

Since individual entrepreneurs are required to pay contributions to the Pension Fund of the Russian Federation, they are guaranteed payment of benefits for caring for a child up to one and a half years old.

There is a nuance here. During the entire holiday, during this time, the payment of insurance premiums can be suspended on completely legal grounds.

Suspension is permissible if business activity is not carried out and there is no income.

To be able to take advantage of the “insurance holidays” at the Pension Fund of the Russian Federation, you need to contact the branch of the institution at the place of registration of the individual entrepreneur with the following documents:

However, if the activity is not suspended, then the mother will have to pay contributions on a general basis.

Suspension of the activities of an individual entrepreneur implies exemption from taxes. There is no activity - no tax payments.

However, to clarify the procedure and the possibility of taking a tax holiday, you need to contact the tax authority where the individual entrepreneur is registered and check the information with your inspector.

The legislative framework

The issue of calculating labor and labor benefits for individual entrepreneurs and part-time workers is regulated by federal legislation, the Labor Code, orders of relevant ministries and government regulations.

The essence of the issue of granting maternity benefits is set out in the Federal Law:

A detailed explanation of the rules for paying insurance premiums when concluding a voluntary insurance agreement between the IMP and the Social Insurance Fund is given in the government decree:

The opportunity to receive child benefits as one of the measures of state support for maternity is prescribed in the main Federal Law:

Maternity leave for expectant mothers is granted on the basis of:

Number	Description
	maternity leave
	leave for employees who have adopted a child
	Labor Code of the Russian Federation

A detailed description of the procedure for providing the service for voluntary registration of applicants as payers of insurance contributions to the Social Insurance Fund is prescribed in the Order of the Ministry of Labor and Social Protection of the Russian Federation:

A state-issued sick leave certificate is issued on the basis of the Order of the Ministry of Social Development of the Russian Federation:

The form of the sick leave form is approved by the relevant Order of the Ministry of Health of the Russian Federation:

Despite the absence in the legislation of a direct requirement for the payment of maternity benefits by individual entrepreneurs, future mothers from among individual entrepreneurs can receive this benefit.

You will have to enter into a voluntary agreement with the Social Insurance Fund and pay the full amount of insurance premiums in the minimum amount. This is a low price to pay for the right to receive payment under the BiR.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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