How to organize work with customers from other cities?

Hey.

Recently, we have received many questions from the consultation, the answers to which will be of interest to individual entrepreneurs and small organizations. At first, we wanted to do the “Legal FAQ”, but then we realized that there was a lot of information gathered and it would not fit in a regular FAQ. Therefore, we have created this blog, where we will be talking in an accessible language about some aspects of running a small business and about everything new that is happening on our My Business service .

Today, the topic will be about how to properly organize work with customers located in other cities.
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So the first thing to be clearly understood

Any copies of contracts - have no legal force in disputes with the customer.

Generally no. It can be a fax, scanner, photo or anything else - it does not matter. All this will equally have no weight in the case of the court with the customer. That is, suppose you signed a contract for the development of a website by exchanging facsimile copies, then you made a website, did not receive any money, went to court. 95% that the court you lose and do not get the money.
That is, if you do not trust your customer, then there is no choice - the exchange of contracts by courier mail. Only originals will have weight in case of disagreement with the client.

The second

Ideally, you should have all the original documents - a contract, an invoice and an act.

And if you send by mail, then also envelopes and receipts for payment of the parcel.

Only with this option, you are guaranteed 100% there will be no problems. All that is described below is a small life hack, which will work in 95% of cases, but, as I already wrote above, it does not give 100% guarantee that the IFTS or financial control will not have any questions. Nevertheless, this is how most of the PIs or organizations with remote customers work.

What do we have to do

1. We take a standard contract for the provision of services. We do not drive over the text, because, as I wrote above, such an agreement will not have legal force in court anyway.
2. Insert the signatures of both parties into the footer of the contract
3. We print and sign each page of the contract, put our stamp on the last
4. We send a scan of the contract by email or fax to the customer
5. The customer signs a copy on each page, on the last one puts his seal
6. The customer sends a copy to you
7. You print out the received document and on each page in any place put your stamp, signature and write “The copy is correct”
8. If the contract requires it, you send a scan bill to the customer (or pdf / xls with your signature and stamp inserted there)
9. After the work is done the same thing with the act of the work performed - scan, signature, stamped with the stamp “Copy is right”

Thus, after working with any remote customer, you should have such artifacts

1. A copy of the contract, signed by both parties on each page, certified by your seal and the phrase “The copy is correct”
2. Original invoice for payment (it is signed only by you)
3. A copy of the certificate of completion, signed by both parties, certified by your seal and the phrase "Verne's Copy."

In the case of a request from the IFTS or the financial control, send them these documents. This is enough for you to have no questions.

I have never done this ??? !!! Just received money on bills. What does it threaten with?

In reality, very often both sides of the transaction successfully slaughtered the whole procedure and continue to conduct business without problems. The first thing you need to understand is that on a regular regular (once in three years) checks from the tax inspectorate all these documents will not be required.

For SPs at 6% of the STS, the check is usually formal, comparing the amounts on the current account and the cash register with the data in the declaration

The exception is made by the IE on the simplified tax system of 6%, working as agents, in this case it is definitely necessary to have all the original documents.
At 15% of the documents may be needed more likely, but it depends on the mood of your tax inspector. Also vryatli, most likely will be interested in the expenditure part.

When do you need these documents 100%?

• Your ill-wisher (dismissed employee, abandoned girl, anyone) decided to ruin your life and wrote a statement to the procurator that in such a month there were illegal receipts at the r / sc. In this case, will be checked very carefully. The documents listed above are required.
• Your counterparty was involved in tax evasion, then all money transfers from such an LLC will be checked and at the same time they will check you as the recipient of funds. There is only one way out - try not to get involved with garbage dumps.
• Detractors have written a complaint against your counterparty that he writes off expenses under "fictitious contracts"
• Your counterparty is on the OCH or UCN-15% and the tax inspector decided to check all the expenses of your clients - and you fall under this check.

As you can see, such checks can be initiated by a complaint of an individual. And despite the fact that there is a law on the protection of small business during inspections - in practice it does not work.

A letter from a person with invented passport information is enough for the IFTS or financial control to organize a complete check with a request for all contracts.

Therefore, if you did not collect such copies of contracts and invoices earlier, then it is better to secure yourself and collect them at least with all backdating LLCs so as not to have problems in the future.

Once again, this option with copies of contracts is the minimum that needs to be done when working with remote customers. Its implementation will protect you in most cases of tax audits, but nevertheless we are obliged to remind you that

Ideally, for each contractor you need to have

• Original contract signed by both parties
• Copies of registration documents: TIN, OGRN, Statement
• A copy of the passport of the general director (for the LLC) and a copy of the order on his appointment to the position
• Original certificate of completion, signed by both parties.

I hope we clarified this question - if something is not clear - please write in comments or cons@moedelo.org We will try to answer all the questions.

Well, in honor of the opening of this blog for all habraludey give habr promo code, which reduces the amount of the annual subscription to our service by 20%. The code is valid until March 15.

Successes in business and do not get lost in the papers!

Our next article will be devoted to what documents you need to store for as long as possible and how to organize the whole process of working with documents so that they do not lie in one heap in a drawer.