AT WHAT AGE CAN CHILDREN BECOME INVOLVED IN FAMILY ENTREPRENEURSHIP? 

We directed this question to the State Revenue Committee (SRC) and received an extensive response.

WHEN IS THE ENTREPRENEURSHIP CONSIDERED OF A FAMILY TYPE?

According to the Article 266(1) and Article 267(3) and (4) of the RA Tax Code the joint entrepreneurial activity carried out by more than one family member and exclusively through family members (including as hired workers) for the purpose of deriving entrepreneurial income shall be considered a family entrepreneurship․

WHICH COMMERCIAL ORGANIZATION MAY BE CONSIDERED A FAMILY ENTREPRENEURSHIP?

The commercial organisation may be considered a family entrepreneurship entity if the authorised or share capital of the commercial organisation entirely belongs to one or several family members and if the organisation carries out its activity (including the activity considered a patent taxable object) exclusively through the persons and/or family members thereof, who participate in the authorised or share capital of the organisation (including as hired workers).

AT WHAT AGE A MINOR CAN WORK?

Pursuant to Article 19 of the RA Law on the Rights of the Child the employment contract with a child may be concluded after the age of 16, except for temporary employment contracts. Children under the age of 16 may be employed on a temporary basis by the written consent of one of the parents (adopter) or trustee (guardian) and the guardianship and trusteeship body, in case this does not interfere with their learning process.

WHAT ARE THE RESTRICTIONS FOR MINOR RECRUITMENT?

The child has the right to preferential working conditions. The peculiarities, privileges and conditions of employment of a child are defined by the RA Labor Code. It is forbidden to engage the child in activities that may harm his or her health, physical and mental development, or impede his or her education.

IS THERE ANY RESTRICTION WITH REGARD TO AGE OF THE CHILD WORKING IN FAMILY ENTREPRENEURSHIP?

The Tax Code does not define age limit for a family member involved in family entrepreneurship, however, when involving a minor family member as a hired worker in a family entrepreneurship, one must take into account the above-mentioned features specified by the RA Labor Code.