Contract with IP for the provision of services: a sample. Content of the agreement, terms

Each business operation begins with the development of a formal agreement, the insertion of key and controversial elements into it, and the determination of economic benefits. When concluding an agreement with an IP for the provision of services, a sample of which is presented below, pay attention to the tax status of the counterparty and the powers of the person signing the agreement.

The beginning of partnership relations is a well-formed agreement

Even a beginner in business understands that every step that provides for the movement of money as payment must be secured by an agreement. An entrepreneur in the process of doing business often attracts specialists for work or collaborates with other business entities, concluding with an agreement on the provision of services.

Contract with IP for services (sample)

The contract for rendering paid services is made out as follows.

On top of the city, date.

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

1. The Subject of the Agreement:

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

2. Rights and obligations of the Contractor.

In this paragraph, the parties stipulate such points as:

• Performance of services personally by the IP or with the involvement of third parties;
• Sending to the Customer the documents on the beginning of the execution of services and their termination;
• The commission of actions aimed at the phased adoption of services;
• Availability of documents proving the delivery of services;
• Term of completion.

3. Rights and obligations of the Customer.

This clause usually contains the following conditions:

• Refusal to accept services;
• How long does the payment take place?
• What documents indicate the performance of services, their acceptance and so on.

4. The procedure for acceptance of services.

The typical order is the following: after performance of services, the Contractor draws up an act of acceptance of services, which provides for signing to the Customer. After the expiration (specify the exact number of days), the Customer signs the act or sends a motivated refusal to the Contractor's address. The Contractor undertakes to eliminate comments within (a certain number of days). The service is deemed to have been performed since the signing of the act.

5. The cost of the contract and the procedure for settlements.

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

The Customer undertakes to pay:

• In case of advance payment - after signing the contract;
• After the mutual signing of the act of acceptance of services;
• In the case of a step-by-step payment, the exact amount and time that is attached to a particular event is indicated: after the signing of the contract or act.

6. Responsibility of the parties.

The parties indicate the Contractor's obligation to pay penalties or penalties in case of non-performance of services or untimely performance thereof. And also the duty of the Customer to pay penalties or fines in case of late payment for services.

7. Force Majeure.

Terms of exemption from liability for unfulfilled or not properly performed obligations by the Contractor or the Customer. As a rule, these are objective conditions of force majeure (changes in legislation, civil unrest, natural disasters, and so on).

8. Change and cancellation of the contract.

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

9. Settlement of disputes.

The order of settlement of disputable questions and claims is described: through negotiations, directions of claims or in court. As a rule, the parties indicate all these stages and the period after which the claim is sent to the court.

10. Final provisions.

In this section, the parties indicate the date of the contract or other conditions (for example, before the performance of obligations).

11. Requisites 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, OGRN, TIN, CAT, account number, bank details, OKPO. "

The contract between private entrepreneurs

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

As practice shows, if the parties in the contractual relations are individual entrepreneurs, then often the calculations take place in cash. This order of payment is entered by the parties into the service contract between the IP and the IP, which is a mistake, since it does not allow to determine the damage in the case of litigation and to protect the parties from possible risks.

Provision of transportation services

The contract with the IP for the provision of services, a sample of which is presented above, can also be used when concluding an agreement for the carriage of goods or passengers. At the same time, it is necessary to take into account some nuances: in the model agreement there may be no name for the action that has become the subject of the agreement. A contract for the provision of transport services IP provides that the Executor undertakes to transport the goods or passengers, and the Customer - to pay for this transportation. This is a concrete action.

TTN - the basis for cargo transportation

• A document confirming the fact of providing the service is a duly filled-in commodity-transport waybill (TTN).
• It is also the basis for including in the gross expenses money paid for transportation.
• In the contract with the IP for the provision of services, a sample of which is presented above, it is necessary to include the conditions for the delivery of fuel for transportation: for whose account and in what sizes, whether the price of fuel is included in the cost of the service or its delivery is paid separately and so on.

Contractual relations between an IP and a legal entity

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

Before entering into an agreement with an IP, it is necessary to find out this point. If the partner is a VAT payer, then in the column "requisites" it is necessary to indicate the data of the certificate. Later they will appear in the tax reporting of the enterprise. Sometimes LLC concludes a service contract with an IP - non-payer of value-added tax, including additional costs in the terms of the agreement, for example, on the maintenance of the machines and their refueling, thereby increasing own expenses.

Contract of work with IP

How is it different from the contract for provision of paid services? Service - this is something that can not be touched by hands, it is not a commodity-material value. And the contract is in the case of the production of material goods.

Enterprises are more willing to conclude a contractor agreement with an IP for the provision of services than with an individual, saving funds on compulsory deductions. How does this happen? If the work was performed by an individual, rather than a private entrepreneur, the Customer will act as an intermediary between him and the state and will be required to withhold the tax by transferring it to the state budget. In addition, the Customer submits information about the individual to the tax authorities, pension fund, social security department, so that they recorded the fact of taking a person to work.