Collecting documents is the first thing you will encounter after choosing premises for your cafe, bar or restaurant. Only after submitting all applications and obtaining permits should you think about the next steps.
We advise you to immediately decide whether you will build a cafe from scratch (look for a room, equip it, remodel it) or find a ready-made place. The second option is much less troublesome; you will not need to obtain most of the problematic permits, but you will not be able to completely customize the premises for yourself.
And also, in order not to lose sales data, track the most marginal items of your menu, protect yourself from employee theft and correctly collect data for the tax authorities, we recommend installing an automation system in your establishment at the very beginning. For example, Poster can take 15 days to understand how such accounting systems work and what they are needed for. And now in more detail about the documents.
So which path to choose and what documents are needed to open a cafe?
Ready premises
Renting a premises where there was already a cafe, bar or restaurant. Inside, everything is furnished, equipped, there are divisions: a hall, a kitchen, toilets, a warehouse. Pros of choosing this option:
savings on initial investments;
quick project launch;
minimum time for obtaining documents and confirming permits from various authorities (water supply, electricity, fire service, SES, energy sales and others).
To fully start your business with such premises, all you have to do is resolve organizational issues:
choose the form of taxation;
submit documents to the tax office;
pick up all permits from the owner and take them to the services, already with your lease agreement;
renew contracts for yourself and start working.
Perhaps the only negative with this option is limited choice of concept and direction of the establishment. Let's say you want to open a pizzeria with a wine bar. But the part of the room allocated for the kitchen is too small, and, according to the standards of the sanitary and epidemiological service, you cannot get permission for this, and besides, you need to allocate space for the bar.
Opening from scratch
If the premises that you like have not previously been used in public catering, it is better to start by contacting a design company. It is desirable that she be a member of a self-regulatory organization (SRO) for design work. Most regular design firms will not be able to fully assist you in obtaining all the necessary permits. The design company helps you at the stages:
Design;
Obtaining permission for reconstruction;
Carrying out reconstruction;
Obtaining permission to put the premises into operation;
Approval of a new technical plan in BTI.
Don't forget to sign a lease agreement before starting any project work. for at least a year and register it with Rosreestr or State Register if you are opening in Ukraine. This is a mandatory condition in order to obtain a license to sell alcohol in the future. Without a lease agreement and real estate documents, you will not be able to obtain a license.
When opening a cafe from scratch, you will have to work closely with different authorities:
SES (be prepared to comply with standards regarding ventilation, lighting, humidity, size and structure of the room).
Fire inspection (will require fire protection, alarms, evacuation plans, ventilation standards, etc.).
Vodokanal, energy sales.
Action plan
Tax registration
If you are going to sell alcohol, it is better to immediately register a legal entity, only then will you be able to do it legally. However, most owners of small establishments use a trick and register a cafe with a kitchen as an individual entrepreneur (individual entrepreneur) or sole proprietor (individual entrepreneur) for Ukraine, and a bar that sells all alcohol as an LLC. You've probably noticed more than once how in an establishment they give you two checks: separately for the kitchen and for drinks. This is just that vivid example. Registration as an individual entrepreneur or individual entrepreneur greatly simplifies the maintenance of tax and accounting records.
A little more about individual entrepreneurs
The big disadvantage of this form of doing business is the increased responsibility. You will be responsible with your property for any obligations and fines under your individual entrepreneur (IP). Yes, and if you are going to share the business with partners or have found an investor, this form will not suit you either.
Preparation of documents for the tax office
To successfully register with the tax office, immediately prepare the entire package of documents. You shouldn’t leave some of them for later: this will delay the already slow process.
Registration in Ukraine
Registration of a private entrepreneur requires minimal material and time costs. Enough:
fill out the registration form;
Bring and show your passport and TIN certificate.
LLC registration. The main feature of this form is that the entire authorized capital is divided into shares, each of the LLC participants is liable only to the extent of their share.
You choose the size of the shares yourself and include them in the charter of the LLC.
Thus, you can freely open an establishment with a partner, an investor, or simply protect your personal property from force majeure. The downside is that the costs of registering an LLC are much higher, and the required package of documents is larger. In addition to the documents that are needed to register a sole proprietor, you will also need:
minutes of the founding meeting;
LLC charter;
if the participants of the LLC are legal entities, also their constituent documents.
Registration in Russia
The following documents will be needed:
notarized power of attorney for a representative (if you need one).
application (if you submit it in person, you do not need to have it certified by a notary);
protocol of establishment and charter of the LLC in two copies (for a legal entity);
receipt of payment of state duty;
We also have a separate article on the topic: “?”, which describes various reasons for blocking your bank account by the tax authorities.
Selecting an activity
Now, when you fill out the documents and reach the point “Types of activities according to OKVED”, you will not get lost. For the restaurant business this is:
in Russia:
56.10 - activities of restaurants and food delivery services.
This is a general block, from it you need to select more specific codes that suit your type, for example:
56.10.1 - activities of restaurants and cafes with full restaurant service, cafeterias, fast food and self-service restaurants;
10.56.21 - activities of public catering establishments with takeaway service.
in Ukraine:
56.10 - activities of restaurants, provision of food services.
The block includes services to provide food to consumers, regardless of where they are provided: in specialized public catering establishments or in self-service restaurants, consumed on the premises, taken away or ordered home. This also includes preparing and serving food for quick consumption from vehicles or food trucks.
There are also special points with more specific types of activities (for example, if you plan to also provide catering services):
56.21 Supply of prepared meals for events.
56.29 Supply of other prepared foods.
Choosing a form of taxation
For Russia
OSN or OSNO - general, basic tax regime.
Special modes: simplified tax system, UTII, unified agricultural tax and patent (only for individual entrepreneurs).
Here you need to choose taking into account the expected turnover, the number of hired employees and other conditions.
If you are counting on large incomes, it would be better to immediately switch to UTII or a patent - these are fixed modes. For example, UTII is calculated depending on the area of the service hall, which is determined by a passport from the BTI, and a patent depends only on the type of activity where earned capital does not affect the tax rate.
If your income is small, it is more profitable to switch to the simplified tax system, where the tax is calculated depending on your total income.
Do not forget that the application with the selected mode is submitted along with all the documents to the tax office and it can only be changed after a year.
For Ukraine
There are two forms: general and simplified. But if you plan to sell tobacco and alcohol, you cannot choose a simplified one.
The main advantage of the general system is that tax is not paid on all revenue, but only on income, plus you can engage in any type of activity (of course, if you have the necessary permits and licenses). You can have an unlimited number of employees and amount of profit. The downside of the general system is complex accounting and tax accounting.
Establishments that do not plan to sell alcohol and tobacco products can safely switch to a simplified taxation system. Both the second and first groups of taxpayers are suitable - they are described below.
Second group- the number of people in an employment relationship with you does not exceed 10. The amount of income should not exceed UAH 1,500,000. The tax rate is up to 20% of the minimum wage.
Third group- the number of people in an employment relationship with you is not limited. The amount of income should not exceed UAH 5,000,000. The tax rate is 3% of income upon VAT registration or 5% for VAT non-payers.
Liquor license
Usually, cafes try to add alcohol to the menu: its sale significantly increases the establishment’s turnover and expands the circle of potential guests. Here you cannot do without a license for the retail sale of alcohol. And don’t forget about the duration and type of licenses. For example, before you start, think about whether you plan to sell strong alcohol in the future, because the type of license will depend on this, and it is issued for a certain period.
Russia
The license is issued by the administration of a subject of the Russian Federation: region, territory or republic. The following documents are needed:
Statement;
TIN (or copy);
A copy of the legal entity registration certificate;
Receipt for payment of state duty;
Originals and copies of constituent documents;
A document confirming full payment of the authorized capital of the LLC;
A lease agreement for a year or more or documents for the premises (if you are the owner) registered in Rosreestr.
The license is issued for no more than 5 years. The amount of the state duty may vary.
Do not forget that after receiving a license you need to inform Rospotrebnadzor about the start of activity.
Ukraine
The license can be obtained from the Ministry of Economic Development, period - 1 year. The following documents are needed:
Statement;
Certificate from the tax office regarding registration;
A copy of the electronic cash register registration document signed by the manager.
The license is issued within 10 days.
SES documents for cafes
Necessarily you need to obtain a conclusion from the sanitary-epidemiological service. You will not need it only if there was previously another catering establishment in the rented premises and you do not plan to reconstruct or re-equip it.
To obtain an SES conclusion, you need to provide:
state registration certificate;
taxpayer passport;
certificate from the BTI;
architectural and technological design, including air conditioning and ventilation circuits;
owner's statement;
a copy of the charter of the LLC (if you register the establishment as a legal entity);
agreement of purchase and sale or lease of premises;
approval of the commissioning of the facility by the SES.
You can obtain the coveted approval from the SES at the permitting center in the area where your establishment is located.
For Russia This list includes additional documents for the cafe:
list of products sold in 3 copies;
sanitary passports;
agreement with the disinfection and deratization service;
disinfection log registered with the SES;
waste removal agreement;
a project for redevelopment or reconstruction of the premises, agreed upon with the SES (if it was carried out);
medical records of all employees with all tests performed.
After receiving permission from the SES, you need to notify Rospotrebnadzor about the start of activity.
Of course, you can entrust the collection of documents to third-party turnkey companies, but in any case you need to know what they are collecting and why. At a minimum, then to check their work and monitor the collection process.
What other permits are needed to open a cafe?
In addition to completing basic procedures such as registering with the tax authorities, drawing up a lease agreement and obtaining licenses to sell alcohol, you need to enter into agreements for:
Service with an organization providing fire safety;
Garbage removal;
Deratization and disinfestation.
These documents will help you when passing inspections by Rospotrebnadzor and the State Fire Supervision (in Ukraine, these functions are performed by the State Inspectorate of Ukraine for the Protection of Consumer Rights and the State Emergency Service).
Results
The opening of your establishment and its further operation largely depend on correctly collected documents. Legislative regulations change every year - take the time to study them. Even the material from our article may no longer be entirely relevant or complete after some time, despite the fact that we try to constantly update it. Take care of your nerves, carefully and slowly collect documents for opening a cafe. It’s better to check everything several times and clarify it with the relevant services.
You can also watch a special video tutorial from the “How to open a cafe” series, dedicated to the topic of documents for your first establishment.