Internet business and law: Is it legal to make money on the Internet?

Now many have gone to work on the Internet. Who makes websites to order, who writes texts, and who tries to earn money on their blog sites. Many people who earn on the Internet proudly call their activities “Internet business”, and themselves, accordingly, “Internet entrepreneurs”.

In relation to earnings on the Internet a lot of uncertainties. Most importantly, the legal status of the Internet business is incomprehensible: what laws govern it, what can be done, and for which the state may be slightly offended by an unlucky Internet businessman.

First, there are doubts about the name itself. If an activity is called “business,” then this is an entrepreneurial activity (do not laugh!). And business activities, let it be known to you, can be carried out in the Russian Federation only with proper registration. You can open a business by forming a legal entity or by registering as an individual entrepreneur.

But illegal (read – unregistered) entrepreneurship is punishable by law. It is punished in different ways, depending on the amounts earned, but the fact is important.

It turns out, those who are engaged in “Internet business”, earning a couple of thousand rubles a month online – offenders and criminals? So?

So, not really.

The concept of “Internet business”, as far as I know, is not available in the laws. And the name is to make money on the site spontaneously. But the Civil Code defines entrepreneurship in general (article 2):

An entrepreneurial activity is an independent activity carried out at one’s own risk, aimed at systematically receiving profits from the use of property, the sale of goods, the performance of work or the provision of services by persons registered in this capacity in the manner prescribed by law.

Now the picture becomes clearer.

Not every Internet earnings related to business activities.

For example, the creation of an online store or a popular information site where banners are sold is an entrepreneurial activity. Self? Yes! Systematic profit? Also yes! At your own risk? Of course!

Therefore, by placing an appeal to advertisers on your website to “buy a place here for so much money,” you start doing business, i.e. defy the law. But if the advertiser appeals to you himself and offers to hang up a banner, then it no longer exists, because there is no systematicity here.

Go ahead. The love of all bloggers – Blogun. Here the situation is ambiguous. On the one hand, we are not independent here – we work through an intermediary. On the other hand, registration on the Blogun (and active search for advertisers) is precisely the systematic sale of their services.

Contextual advertising. It is not an entrepreneurial activity, as it is not independent (you could not, unlike advertising posts and guards, find the advertiser yourself) and are not systematic (place the code and wait). Moreover, “Runner” (one of the context advertising systems), indicates in the contract that this contract is civil law, that is, it is similar to contract agreements or rental of residential premises. The system takes you to work.

As you can see, in some cases it is quite easy to understand, in others – not very. It is a pity that our legislation is so clumsy and lags far behind life.

I will add, finally, that, most likely, small “Internet entrepreneurs” are not in danger, even if they do a little business activity. It is difficult for the tax authorities to do a lot of work – they and the more “big fish” are hard to catch, and it’s hardly advisable to engage in a “businessman” with incomes of several thousand rubles a month (for a domain, hosting and beer).

Yootang Vilnus

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