Opening a company to work as an individual contractor is a strategic movement that increasingly attracts professionals seeking greater autonomy and flexibility. In the current scenario, this modality has gained strength, especially in sectors such as technology, marketing and consulting, where professional independence and the possibility of directly managing contracts and income stand out as significant advantages.
However, before taking this step, it is essential to understand that the process involves several stages and requires attention to legal, tax and administrative details. For many people, the term “opening a company” may seem simple, but it carries a series of obligations and choices that directly impact the operation and sustainability of the business.
This formalization requires strategic planning, knowledge of the law, and clarity about your professional goals. Opening a company is not just about fulfilling bureaucratic requirements; it is also an opportunity to build a solid foundation for your future.
This article will provide essential information on how to make this transition, pointing out the most important steps, the main precautions and benefits of working as an individual contractor. With the right tools and information, it is possible to transform this process into a springboard for professional growth.
What are the steps to open a company to work as an individual contractor?
Check out the six steps needed to join this modality.
1. Hire an online or traditional accounting firm.
To open a CNPJ The first step is to hire a online or traditional accountingThat's because this choice influences all subsequent steps.
In practice, decisions such as tax regime, CNAE (National Classification of Economic Activities), and legal structure are not merely bureaucratic; they define how much tax you will pay, how your company will be classified, and even potential future limitations. Without the guidance of an accountant, it's common to make mistakes that can lead to unnecessary costs or tax problems later on.
In the case of someone who is going to open a microenterprise (ME)Monitoring an accounting firm is mandatory...since the company then has a series of tax and accounting obligations from the outset. As for... MEIThis support is not required by law, although it can still make a difference in making safer decisions.
In addition to ensuring that the company starts out correctly and in compliance with regulations, accounting also monitors the day-to-day operations of the business, taking care of routines such as tax calculation, submission of tax obligations, and financial organization.
Today, there are both online accounting services, which offer better cost-benefit and a 100% digital process, and traditional models, which also work well depending on the complexity of the operation. Regardless of the format, the most important thing is... Having the support of an accounting firm to open a company from the very beginning is essential.
2. Definition of the type of company
The first step to opening a company to work as an individual contractor is to define which legal structure best suits your needs and objectives. This choice is not just a bureaucratic detail, but a strategic decision that directly influences how you will be taxed, the degree of responsibility you will have over the business and even the market perception that your company will have.
Among the most common options, the following stands out: Microentrepreneur Individual (MEI), ideal for those who want to start simply and have a turnover limited to R$81 thousand per year. The MEI registration process is accessible and can be done online, but it is worth remembering that not all activities are allowed in this category.
Professionals with higher revenue or who work in areas not covered by MEI can opt for Microenterprise (ME), which requires more detailed registration and generally the hiring of an accountant.
Other alternatives include the Individual Limited Liability Company (EIRELI) and the Limited Liability Company (LTDA), especially recommended for more complex businesses or those with the participation of partners. Both offer the protection of separating personal assets from the company's assets, ensuring greater security for the entrepreneur.
Furthermore, each type of company has benefits and limitations that need to be carefully analyzed. For example, while the MEI is ideal for individual activities and low revenue, the LTDA regime is more suitable for businesses that aim to expand and need greater credibility in the market. This choice should be made based on your growth plans and the specific demands of your area of activity.
3. CNPJ Registration
The record of the National Registry of Legal Entities (CNPJ) It is an essential step in the formalization process. It serves as your company's identity and is required for issuing invoices, opening a business bank account and contracting services in the company's name.
To obtain a CNPJ, you will need documents such as the articles of association, which describe the company's purpose and rules, and registration with the Commercial Registry of your state. Depending on the type of company chosen, additional documents may be required. For example, in the case of a partnership, it is necessary to present the information of the partners.
Although some people try to do this step on their own, guidance from an accountant can help you avoid mistakes that could delay the process or cause future problems. This professional knows the legal and bureaucratic particularities of each state, helping to ensure that your company is fully regularized from the start.
Furthermore, the CNPJ is also a requirement for participating in bids, accessing credit lines and establishing commercial partnerships with large companies. Regularization with the CNPJ facilitates entry into the formal market, giving greater visibility and credibility to your business. This registration is the starting point for your company to be officially recognized by the authorities and the market.
4. Choosing the CNAE
The definition of National Code of Economic Activities (CNAE) is more than a formality. This code determines which activities your company will be authorized to perform and directly affects the taxation that will be applied. Choosing the wrong CNAE can lead to problems with the IRS or limit the activities that you can formally perform.
Before deciding, research which codes are most compatible with the services you want to offer. Many accountants have experience in identifying the ideal CNAE for each type of business. In addition, you can consult the CNAE table available on the Federal Revenue website to learn about the options. The choice must be made carefully, since each activity has specific tax and labor implications.
It is important to remember that the choice of CNAE also affects additional obligations, such as the need for additional licenses, the type of invoices that will be issued and even the classification in the most appropriate tax regime. For mixed activities, it is possible to register more than one CNAE, as long as all activities are compatible with the nature of the company. This step, although technical, is essential to ensure the legality and operational efficiency of your business.
5. Definition of the tax regime
Choosing the tax regime is one of the most important decisions in the process of opening a company, as it directly impacts the taxes that will be paid and the way the company will be managed. There are three main tax regimes in Brazil: Simples Nacional, Lucro Presumido and Lucro Real.
Simples Nacional is the preferred option for most micro and small businesses, due to the simplification in calculating and paying taxes. The rates vary according to the activity and revenue, and the system brings together several taxes in a single tab.
On the other hand, Presumed Profit is recommended for companies that have well-defined profit margins and wish to simplify the calculation of taxes based on a pre-determined percentage of revenue. Real Profit is more complex and recommended for large companies or those that have significant variations in revenue and expenses.
In addition to determining how much you will pay in taxes, the tax regime affects your cash flow, competitiveness and ability to invest in business growth. To ensure that your choice is the most advantageous, it is essential to carry out a detailed analysis with an accountant who understands the specificities of your sector and your company's financial projections.
6. Obtaining licenses and permits
Depending on the economic activity and location where your company will be established, it may be necessary to obtain specific licenses and operating permits. These requirements are determined by municipal, state and federal agencies and vary according to the segment of activity.
For example, companies operating in sectors such as food, healthcare or transportation often face stricter requirements. Some licenses may involve inspections and approvals from agencies such as health authorities, fire departments or environmental agencies. It is essential to check which licenses are required for your activity before starting operations, to avoid fines or interruptions in operations.
Additionally, keeping your licenses up to date is an ongoing obligation, as some permits need to be renewed periodically. Having an organized system in place to track renewal deadlines and requirements can help prevent complications and ensure your business runs smoothly and continuously. An accountant can help you manage these requirements.
7. Hiring accounting services
Although it is possible to open a company without the help of a counter, the presence of this professional is essential to ensure tax compliance and facilitate business management. He or she will be responsible for tasks such as calculating taxes, submitting ancillary obligations, maintaining tax and accounting books, and monitoring changes in legislation.
In addition to avoiding problems with the tax authorities, an experienced accountant can provide valuable insights to optimize your financial management, identify tax savings opportunities, and improve the company's overall performance. Therefore, consider hiring an accountant as an investment in the financial health of your business.
Another important point is the relationship of trust that must be established with your accountant. This professional will be a key player in strategic planning, helping to project results and make decisions that can boost your business. Choosing an accountant who understands your industry and is aligned with your goals is an essential step towards success.
Final considerations
Opening a company to work as an individual contractor is a strategic decision that can transform your career and provide unique opportunities for growth. However, it is a process that requires planning, knowledge and attention to detail. From choosing the type of company to defining the tax regime and obtaining licenses, each step plays an important role in the success of the venture.
With the information presented in this article, we hope to have clarified the main points so that you can start your journey as an individual contractor with confidence and organization. Formalization, when well conducted, allows you to enjoy advantages such as greater autonomy and potential for higher income, making it an attractive choice for many professionals in today's market.
And if you have any specific questions, Reis Pinto Advogados can help you. Just click here.
Reis Pinto is a law firm specializing in labor law.
