The owner has the right to rent a house, as well as those who have a notarized power of attorney for this. But some categories of citizens are prohibited from engaging in rental business. Lawyer Nikolai Popov told who the restrictions were imposed on.
“There is such a thing as entrepreneurial activity in the law,” the expert says. — It is characterized by systematic profit-making and is not allowed by civil servants. Let me remind you that civil servants include employees of federal and regional executive authorities, employees of municipal institutions, representatives of law enforcement agencies.”
But this does not mean that an official or a judge should not rent a house at all. The main thing is that the fact of delivery of the object does not fall under the category of entrepreneurial activity. For example, a judge purchased an apartment, but decided to move, in which case he may well rent out his home. It’s quite another matter if he has several apartments that he regularly and constantly rents out. Obviously, in this case we are talking about making a profit.
“A civil servant has the right to rent housing not as Sole proprietor, but as an ordinary citizen,” Popov adds. — To do this, you need to sign a contract of employment and pay personal income tax or get self-employed status. The Ministry of Labor and the Federal Tax Service have repeatedly clarified that such activities will not be considered entrepreneurial.”
There is also a ban on renting out housing for military personnel. The law does not allow the military to engage in other paid work, except for scientific, pedagogical and creative activities, they are also allowed to earn money as athletes.
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