Contract with IP for the provision of services: sample. Contents of the contract, terms

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Each business transaction begins with the development of a formal agreement, introducing key and controversial elements into it, and determining economic benefits. When concluding an agreement with an individual entrepreneur for the provision of services, a sample of which is presented below, pay attention to the tax status of the counterparty and the authority of the person signing the agreement.

The start of a partnership is a well-drafted agreement

Even a novice in business understands that every step that involves the movement of cash as payment must be secured by a contract. An entrepreneur in the process of doing business often attracts specialists or cooperates with other business entities, while concluding an agreement for the provision of services.

Contract with IP for the provision of services (sample)

The contract for the provision of paid services is drawn up as follows.

Top indicatedcity, date.

"(Name of organization or full name (if IP)), on the one hand, hereinafter referred to as "Customer", and (name of organization or full name (if IP)), on the other hand, hereinafter referred to as the "Contractor", have entered into this agreement as follows:

1. Subject of the contract:

The Contractor undertakes to provide (render) services to the Customer (a full list of services), and the Customer undertakes to pay for them.

2. Rights and obligations of the Contractor.

In this paragraph, the parties stipulate such points as:

• performance of services personally by an individual entrepreneur or with the involvement of third parties;
• sending documents to the Customer about the beginning of the provision of services and their completion;
• taking actions aimed at the phased acceptance of services;
• presence of documents evidencing the delivery of services;
• deadline.

3. Rights and obligations of the Customer.

This item usually contains the following conditions:

• refusal to accept services;
• how long does payment take;
• what documents testify to the performance of services, their acceptance, and so on.

4. Service acceptance procedure.

The standard procedure is as follows: after the services are completed, the Contractor draws up an act of acceptance of services, which he submits for signature to the Customer. After (specify the exact number of days) time, the Customer signs the act or sends a reasoned refusal to the Contractor. The Contractor undertakes to eliminate the comments within (a certain number of days). The service is considered completedmoment of signing the act.

5. Contract price and payment procedure.

The cost of services is (the exact amount is indicated, including VAT);

Customer commits to pay:

• in case of prepayment - after signing the contract;
• after the mutual signing of the act of acceptance of services;
• in the case of staged payment, the exact amount and time are indicated, which is tied to a specific event: after the signing of the contract or act.

6. Responsibility of the parties.

The Parties indicate the Contractor's obligation to pay pen alties or interest in case of non-performance of services or their untimely performance. As well as the obligation of the Customer to pay pen alties or interest in case of late payment for services.

7. Force majeure.

Terms of exemption from liability for unfulfilled or improperly fulfilled obligations by the Contractor or the Customer. As a rule, these are objective conditions of force majeure (legislative change, civil unrest, natural disaster, and so on.).

8. Change and termination of the contract.

Here the parties indicate the procedure for amending the contract, as well as the procedure for its early termination.

9. Dispute resolution.

The procedure for resolving disputes and claims is signed: through negotiations, claims or in court. As a rule, the parties indicate all these stages and the period after which the statement of claim is sent to the court.

10. Final provisions.

In thissection, the parties indicate the cut-off date of the contract or other conditions (for example, until the fulfillment of obligations).

11. Details of the parties.

Full name the person who signed the contract on behalf of the Customer and the Contractor, legal address or place of residence, PSRN, TIN, KPP, account number, bank details, OKPO."

Agreement between private entrepreneurs

The above contract with an individual entrepreneur for the provision of services (sample) is typical and contains all the necessary data.

As practice shows, if the parties to the contractual relationship are individual entrepreneurs, then often the settlements take place in cash. Such a payment procedure is entered by the parties into the service agreement between the individual entrepreneur and individual entrepreneur, which is a mistake, since it does not allow determining the damage in the event of litigation and protecting the parties from possible risks.

Provision of transportation services

An agreement with an individual entrepreneur for the provision of services, a sample of which is presented above, can also be used when concluding an agreement on the carriage of goods or passengers. At the same time, some nuances must be taken into account: the name of the action that has become the subject of the agreement may not be in the model agreement. And the contract for the provision of IP transport services provides that the Contractor undertakes to transport cargo or passengers, and the Customer undertakes to pay for this transportation. This is a specific action.

TTN - the basis for the carriage of goods

• Document,confirming the fact of the provision of the service, is a duly completed waybill (TTN).
• It is also the basis for the inclusion of cash paid for transportation in gross expenses.
• In the contract with the individual entrepreneur for the provision of services, a sample of which is presented above, it is necessary to include the conditions for the supply of fuel during transportation: at whose expense and in what amounts, whether the price of fuel is included in the cost of the service itself or its delivery is paid separately, and so on.

Contractual relationship between an individual entrepreneur and a legal entity

An individual entrepreneur contract with an LLC for the provision of services has the following feature: as a rule, most legal entities have the status of a VAT payer. It is unprofitable for them to enter into an agreement if the partner is a non-payer of value added tax, since they do not have a tax credit in such a transaction.

Before concluding an agreement with an individual entrepreneur, you need to find out this point. If the partner is a VAT payer, then in the column "details" it is necessary to indicate these certificates. In the future, they will appear in the tax reporting of the enterprise. Sometimes an LLC enters into an agreement for the provision of services with an individual entrepreneur who is a non-payer of value added tax, including additional costs in the terms of the agreement, for example, for the maintenance of cars and their refueling, thereby increasing their own expenses.

Contract with IP

How does it differ from the contract for the provision of paid services? A service is something that cannot be touched, it is not commodity-materialvalue. And we are talking about the contract in the case of the production of material goods.

Enterprises are more willing to enter into a contract with an individual entrepreneur for the provision of services than with an individual, saving money on mandatory contributions. How does this happen? If the work was performed by an individual, and not by a private entrepreneur, the Customer will act as an intermediary between him and the state and will be obliged to withhold tax, transferring it to the state budget. In addition, the Customer submits information about the individual to the tax authorities, the pension fund, the social insurance department, so that they record the fact of hiring a person.