What do LLC fear when they work with IP
To save money, companies are looking for contractors to do some work. Often these works are carried out by an individual entrepreneur without employees, that is, a specialist who was self-employed or a freelancer, and then registered an individual entrepreneur.
Cooperation between IP and LLC can take place without any excesses, if both parties are satisfied with each other. No authorities will interfere in their relations until one of the parties violates any legal requirements.
From personal experience I know that you can work for several years with an LLC without a contract, invoicing and providing closing documents. Perhaps this is pure coincidence, a favorable combination of circumstances, an exception to the rule. But as an individual entrepreneur, I worked with the LLC for three and a half years on such conditions. There were no problems, and only now I found out that the LLC has something to fear in the process of cooperation with the IP.
There are three problems that you need to know not only LLC, but also IP, so as not to substitute each other.
1. The contract between LLC and individual entrepreneurs may be recognized as labor
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Typically, cooperation begins with a contract. If the company systematically does not pursue a policy of transferring all its employees to private entrepreneurship, on which, in fact, many fail, then you still need to seriously approach the drafting of the contract.
It should not remind anything that:
IP performs official duties;
receives a permanent reward for this, which is more like a salary;
complies with the work schedule approved by the company;
works on the territory of the company and uses its resources to perform work.
These are the main mistakes that are made in the preparation of the contract and which the tax may pay attention to in case of verification.
If such violations are discovered, then the LLC will have to pay fines and penalties, it will be assessed taxes and will be obligated to pay contributions.
IP will not come out of the water too and will pay fines. Those entrepreneurs who work with one large client and receive the same amount every month are at risk. These are the weakest points.
What to do LLC?
Competently draw up contracts;
Define TK clearly;
Do not consider contractors as your employees, trying to take their work under vigilant control.
What to do SP?
Collaborate with different projects;
Try to make the payment arrive at different times and in different amounts.
2. Suspected of cashing out money
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Financial monitoring monitors the cashing of money. If a company comes under suspicion that cooperation with an individual entrepreneur is more like cashing out, then they will have to prove their case in court.
Unlawful cashing – the activity of a company that transfers money from its accounts to the accounts of fictitious enterprises, then to cash through bank checks or by transfer to bank cards and return it back to the head of the company. The counterparty receives a percentage of this transaction.
The main feature of this activity is the lack of real provision of services or delivery of goods. Instead, the buyer receives his own money.
It is especially difficult to prove that there was no cashing out if services were provided. For example, IP advises LLC on the establishment of business processes. To confirm that this service was really provided is quite difficult.
Therefore, in order not to arouse suspicion of the tax, it is necessary not only to write down in detail in the invoices and closing documents what services were provided, but also to save supporting documents, video and audio recordings.
For example, if an individual entrepreneur creates content for an LLC: writes articles, leads groups on social networks, and the like – then in closing documents and annexes to the agreement, you can specify links to the posted content or copy the entire created content.