What is the best way to arrange joint activities of two IPs?

Question

Individual entrepreneur

2 individual entrepreneurs conduct joint activities to make a profit: one is engaged in advertising, marketing, attracting customers, the second serves these customers. The profit is divided as a percentage. How to arrange such relations correctly?
A techie subcontracted to a marketer?
A marketer on a contract with a techie?
A techie and a marketer on a contract with each other?
Agency contract?
Simple partnership?
Anyone with experience, please share.

Answer 1

When it comes to joint activities and the distribution of profits, they immediately advise a simple partnership.
In theory, a good option. And the contract can be drawn up, and everything is prescribed. They love to advise. And they'll make a deal. When I asked my fellow lawyers who give such advice, when they saw a working simple partnership, only one person said that he met once, at a large enterprise.
In practice, if you really want to apply, first figure it out taking into account. It's not easy there. Accounting should be kept by one of the comrades, legal entities have a separate balance sheet for the partnership. How it is with the IP, I do not know. Met at legal entities, and for a long time
What is the taxation system for sole proprietors? A simple partnership can only apply OSNO and STS income - expense. And then you can optimize it in such a way that you have to pay VAT and personal income tax.
Therefore, in your situation, if you do not want cash, then standard contractual schemes are better. And it’s easier for you to lead, and there are fewer questions.
But who is contracted to whom - depending on what and how the individual entrepreneurs do. Maybe an agency contract for some cases is suitable. But the reward is 50% - there may be claims from the tax authorities.

Answer 2

As a matter of fact, an agreement of any kind, in which you can omit all the platitudes of the Civil Code for "when everything is fine", but prescribe a maximum of situations for the division, if something suddenly goes wrong.
In any case, all these partnership agreements will in no way make it possible to legally reduce the tax burden, but otherwise - "Consent is a product with complete non-resistance of the parties"

Answer 3

Who will the customer pay ?
Here is the main one, and the performer in the eyes of the customer. And the second is the contractor of the first of you.

Answer 4

as you have already been advised, relations can be settled by a simple partnership agreement, in which it is described regarding the contributions of participants, responsibility, distribution of profits, the procedure for covering expenses and losses, the procedure for conducting common affairs,
etc. , everyone wants to steer the ship, and there is only one helm ... given that it is unlikely that you have so many tasks of the same type with clients that you can describe in detail all the processes of interaction with them (including with future clients) and put it into an agreement, and if it works out, then in the "sea" it will definitely begin to "storm and rock" one of the comrades ... or maybe all at once))) ... and this happens ...
I would recommend you not to bathe and for each project (client), at least for now, to conclude a standard contract / services agreement, of which there are a lot on the Internet, it will be easier for you to believe it (if you already doubt each other and you have a desire to replenish as much as possible budget of the Russian Federation) ... and only then, in the course of your activities, when you have no questions like yours, you will understand how you can improve the organization of your work ... well, chip in (or, correctly - make initial contributions to the common cause ) for the services of a lawyer who will help you build, if not a ship, then at least a boat with fewer holes than you would have done on your own at this stage.

Answer 5

If the invoice is issued separately - no way, everything is separate.
If the account is general, then someone first works with the client, being for the second or the customer (and the second will be the contractor) or being the paying agent for the second.