Every business transaction begins with the development of a formal agreement, making him a key and controversial elements, determining economic benefits. Signing a contract with PI for the provision of services, a sample of which is presented below, please note on the tax status of the counterparty and the authority of the person signing the agreement.
Even a novice in the business understands that each step involving the movement of funds in payment shall be fixed by the contract. The entrepreneur in the process of doing business are often attracted to the work of experts or collaborating with other entities by entering into the agreement for services.
A contract for the provision of paid services is made as follows.
On Top of specify the city, date.
"(the name of the organization or full name (if SP)), on the one hand, hereinafter referred to as “Customer”, and (name of organization or full name (if SP)), on the other hand, hereinafter referred to as “Performer”, concluded this agreement as follows:
1. The subject of the agreement:
The Contractor shall provide (to provide) the Customer with the services (complete services) and the Customer — to pay for them.
2. The rights and obligations of the Contractor.
In this paragraph, the parties stipulate such things as:
3. The rights and obligations of the Customer.
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This item typically contains the following conditions:
4. Procedure for acceptance of services.
The typical procedure is as follows: after the services the Contractor is the act of acceptance of services which provides the signature of the Customer. After (to specify the exact number of days) of the time the Customer signs the act or to send to the Contractor a reasoned refusal. The contractor undertakes to eliminate the observations for (a certain number of days). The service is considered fulfilled from the moment of signing of the act.
5. The cost of the contract and payment.
The cost of the service is (indicate an exact amount, including VAT);
The Customer agrees to pay:
6. Responsibilities of the parties.
The Parties shall specify the Contractor's obligation to pay penalties or penalty interest in case of default of services or failure to perform them. As well as the responsibility of the Customer to pay fines or penalty interest in case of delayed payment.
7. Force majeure.
The Conditions for exemption from liability for non-performance or not properly executed the obligations by the Contractor or the Customer. As a rule, the objective conditions of force majeure (legislative changes, civil unrest, natural disaster and so on.).
8. Amendment and termination of the agreement.
Here the parties specify the procedure for amending the agreement and the procedure for its early termination.
9. Dispute resolution.
Signs the settlement of disputes and claims through negotiation, areas of claims or in a judicial order. As a rule, the parties must indicate all these phases and the period after which a claim is submitted to the court.
10. Final provisions.
In this section the parties indicate the boundary date of the contract or other conditions (for example, to the obligations).
11. Details of the parties.
Name of the person signing the contract on behalf of the Customer and Contractor, legal address or place of residence, OGRN, INN, KPP, account number, Bank account number, OKPO."
The contract with PI for the provision of services (sample) is typical and contains all the required information.
As practice shows, if the parties in a contractual relationship are individual entrepreneurs, often the calculations are performed in cash. This payment must be paid by the parties in the service contract between the SP and the IP, that is an error because it does not allow to determine the damage in the event of litigation, and to protect parties from possible risks.
The Contract with PI for the provision of services, a sample of which is presented above, it is possible to use and at the conclusion of the agreement on the carriage of goods or passengers. It is necessary to consider some nuances: in the model agreement may not have the name of the action that became the subject of the agreement. A contract for the provision of transport services SP provides that the Contractor undertakes to carry goods orpassengers, and the Customer — to pay for this transportation. It is a specific action.
The Contract with SP, OOO for the provision of services has the following feature: as a rule, most legal entities have a VAT payer status. It is unprofitable to conclude an agreement if a partner — deadbeat value added tax, since in such a transaction they have no tax credit.
Before the contract with the SP must clarify this point. If the partner is a VAT payer, then in the “details” be sure to specify the evidence. In the future they will be included in the tax returns of the company. Sometimes, the LLC enters into a contract for services with the UI — a defaulter of value added tax, including in the terms of the agreement additional costs, for example, the content of cars and refueling, thereby increasing private spending.
How is it different from the contract of rendering paid services? The service — is that you cannot touch it, it is not the inventory value. But the contract referred to in the case of the production of wealth.
Enterprises are more willing to enter into a contract with PI for the provision of services than a natural person, saving money on binding fees. How does it happen? If the work performed is an individual, and not a private entrepreneur, the Customer will act as the mediator between him and the government and will be required to withhold tax, listing it in the state budget. In addition, the Customer delivers information about individuals to the tax authorities, pension Fund, Department of social insurance to those recorded in the adoption of a person to work.
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Alin Trodden - author of the article, editor
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