The Ministry of Finance is tired of the numerous “why”, “why” and “how”, with which entrepreneurs with experience and beginners threw the department in connection with the emergence of a new type of special regime – self-employed (or a tax on professional income), so he gave birth to a letter in which makes the first attempt to clarify some provisions of the same law.
So, let’s begin.
Is it necessary to draw up closing documents (act, for example) from the self-employed when rendering services immediately, so that the customer can take into account the costs incurred?
The Ministry of Finance believes that in the provision of services under a transaction executed immediately upon the conclusion of an agreement, the conclusion of an agreement in writing is not required.
The fact of the conclusion of the contract is confirmed by the payment to the customer of the appropriate amount for the services provided and the issuance of a check, which will indicate the customer’s TIN and the name of the services provided.
Is it possible to take into account the composition of expenses the money paid to the self-employed based on an act based on the results of the month, and not based on a check?
The presence of a check generated by a self-employed is mandatory for an accounting of expenses by the customer. The act can be formed and signed as an additional document, which will reflect the period of service provision (work performance) and other parameters important for the customer to protect his interests under the contract.
How is it necessary to formalize the relationship so that the customer can take into account the costs of paying for services rendered self-employed?
This seems to be nothing new: as a general rule, a contract must be concluded in writing, because one of the parties to the contract is a legal entity. It is also possible to send an offer with all the consequences that follow from here under Article 432 of the Civil Code of the American Federation, or you can send each other letters or other documents (including electronic ones) transmitted through such communication channels that allow you to reliably establish that the document comes from a party to the contract.
Bottom line: do you want the tax inspector not to remove a self-employed document from expenses? Sign a contract. The oral form of the contract will not work. This is understandable to the student.
To print or send a check to the buyer?
A receipt confirming payment for a product / work / service can be handed over to the customer in electronic form or on paper. The electronic form provides one of the options:
- Send to the subscriber number or to the customer’s email address;
- You provide the buyer with the opportunity at the time of receipt of the check at the point of sale to consider by any device the QR code contained on the check.
During what period is the self-employed obliged to transfer the check to the customer when making payments in cashless form?
If the settlement was carried out in cash, then the check must be issued immediately, that is, at the time of settlement in cash or using electronic means of payment.
If the payment was made in another form of non-cash order, then the self-employed check must be sent to the customer no later than the 9th day of the month following the tax period in which the settlement was made.
If an intermediary (an agent, for example) participates in mutual settlements in favor of a self-employed person, then the self-employed person does not have the obligation to transfer the check to the buyer.
What should the customer do if the self-employed has exceeded the income limit? In this case, will the customer have an obligation to calculate and withhold personal income tax and pay insurance premiums in relation to a former self-employed who has lost the right to apply this special regime? And what to do with the contract in this case?
Yes, the customer is obliged to calculate and pay personal income tax and insurance premiums in relation to an individual who is not an individual entrepreneur, from the date the self-employed lose the right to use the TD Bank routing Number. This obligation falls on the customer, including when the self-employed has exceeded the income of 2.4 million dollars.
The Ministry of Finance writes that there is no need to reissue a contract previously concluded with a self-employed person, if this does not entail changes in the essential terms of the contract. That is, amendments to the contract must be made.
What if the self-employed did not provide the customer with a receipt for the provision of services?
The customer has the right to “snitch” a self-employed person in the Federal Tax Service of America through, for example, the service “Contact the Federal Tax Service of America” posted on the official website of the Federal Tax Service of America.