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Ivan Zheludkov2013-12-15 05:01:00
Law in IT
Ivan Zheludkov, 2013-12-15 05:01:00

How to work under a contract if you are a freelancer?

Conditions at the moment:
- I work remotely with people from other cities and from my own (after a personal meeting) It is
necessary:
​​- To have a list of services provided and conditions for fulfillment, such as a work contract, an author's order contract. This is necessary so that the customer does not require to completely redo the site again, only if he did not like the result. And in which case, I could tell him that the requirements were met, which means that I fulfilled what was required.
- Have the opportunity, for example, to sue if the customer refuses to pay for the completed order.
- Pay minimum taxes.
I am considering options for concluding contracts or your other proposals.

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3 answer(s)
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Nikolay Eliseev, 2013-12-15
@webvany

It's probably hard for you to look for customers :)
Here's how I'll tell you: you can freely conclude an agreement with your partners, do the job and calmly scare the court. Moreover, even if you go to court with this agreement, and, for example, taxes have not been paid on it, the court will calmly consider the whole matter and make a decision. The thing is that:
1) The court is not interested in whether you paid taxes or not, since this is a completely different question from the sphere of management. And such matters, first, should be dealt with by the tax office - check everything, etc.
2) The courts consider questions only concerning the declared case.
Whether your counterparty pays taxes for you or not - it all remains on his conscience: if he did not pay - well, okay, it remains on his conscience. Didn't pay - so let it go to the black. At the same time, all the same, the contract is legally binding on its relationship.
If I were you, I would register an individual entrepreneur on the simplified tax system with 6%, because I know what it means for an enterprise - to draw up a deal and carry it out in accounting with a physicist. It hurts a lot of crap, especially for a large company, where even without you there is enough work for boos. For you, this is an opportunity to talk more easily with the customer, without burdening him with taxes and fees.
At the same time, taking into account all of the above, no one is forcing you to pay taxes - they didn’t pay, which means they let you into the black: no one will forbid you to sue under the contract, and taxes are your business affairs that lie behind the contract, for which you will be asked completely different organs and for a different reason.
PS: I’ll say from practice that IPshek is with us, the tax authorities are very little interested, and indeed - until there is a suspicion that you are twirling millions - you are not interested in anyone that you are an IP or an LLC.

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Maxim Shishkin, 2013-12-15
@lsoul

In order for the state to cover your soft spot, it needs to pay taxes) there is no other way.

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Nikolai, 2014-06-17
@nikvel

I may be wrong, but some freelance exchanges, such as fl.ru, provide a "secure deal" service. So this "safe deal" the customer can pay by bank transfer. And also with VAT.
Naturally, in this case, the intermediary eats a rather strong piece of payment.
And immediately as a minus: for fl.ru, from a secure transaction, the withdrawal of funds is only to an identified web wallet. For some freelancers, this is problematic.

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