How should an agent pay taxes under an agency agreement?
Posted: Tue Dec 24, 2024 5:59 am
There are two payment methods:
The agent receives the full amount from the client, then deducts the fee and sends the remaining amount to the principal.
The intermediary immediately sends the entire amount to the customer, and the customer transfers the commission to the agent.
In both cases, the contractor is obliged to pay taxes in accordance with the legislation applicable to his type of activity, and only from the amount of his remuneration. The funds received by the agent from the client and transferred to the customer are not subject to accounting as expenses.
The intermediary organizes events and receives 10% of the proceeds. In January, he organized three events, the total proceeds amounted to 500,000 ₽. At the same time, the agent took a fee of 50,000 ₽, from which he will pay taxes.
When applying the simplified tax system, the agent afghanistan email list 168973 contact leads should take into account the following: if the amount of remuneration is known in advance and is deducted from the proceeds, then it is considered the contractor's income on the day the money is received from the client.
Salary in an envelope
Source: shutterstock.com
However, if the amount of the fee was not known in advance, it is considered the agent's income on the day the client approves the report, provided that by that date the money from the client is still with the intermediary. In the event that the funds have already been transferred to the principal, the income should be taken into account on the day the money is received from the client.
When applying the OSNO, the agent must account for income for the payment of income tax on the day the principal approves the report. As for VAT on the agent's remuneration, it must be calculated on the day the funds are withheld from the proceeds or on the date the report is approved. It all depends on which comes first.
If the agent has received money from the person receiving the service, then on the same day he must calculate the VAT on the remuneration that will be received from the proceeds.
It is important to note that the intermediary does not have the opportunity to work on the patent taxation system.
Frequently asked questions about the agency agreement for the provision of services
An agency agreement for the provision of paid services has many different advantages. When drafting such an agreement, it is important to take into account all the necessary conditions in advance.
If the contract does not specify the cost of services, is the customer required to make payment?
If the amount of remuneration is not specified in the document, the customer is obliged to make payment. If the price is not specified in the agreement, the contractor has the right to receive an amount corresponding to the fee charged for similar services. However, this may require market analysis and determination of the average cost of similar remuneration.
When to pay the agent's commission if the agreement does not specify the terms?
According to the third paragraph of Article 1006 of the Civil Code of the Russian Federation, if the agreement does not specify the terms of payment, then after the agent submits a report on the work performed, the principal must make the payment of the remuneration within 7 days. If the customer does not comply with this requirement, he may be charged a penalty for delay.
Can territorial restrictions be established in an agency agreement?
According to the third paragraph of Article 1007 of the Civil Code of the Russian Federation, restrictions on the agent’s activities by audience (for example, boundaries based on nationality, gender or religion) and territory (for example, within a certain city, district, region or country) are invalid.
The principal may specify in the document that the agent cannot enter into similar agreements with other persons. In turn, the contractor may require the customer not to seek help from other agents or to perform the tasks assigned to him independen
The agent receives the full amount from the client, then deducts the fee and sends the remaining amount to the principal.
The intermediary immediately sends the entire amount to the customer, and the customer transfers the commission to the agent.
In both cases, the contractor is obliged to pay taxes in accordance with the legislation applicable to his type of activity, and only from the amount of his remuneration. The funds received by the agent from the client and transferred to the customer are not subject to accounting as expenses.
The intermediary organizes events and receives 10% of the proceeds. In January, he organized three events, the total proceeds amounted to 500,000 ₽. At the same time, the agent took a fee of 50,000 ₽, from which he will pay taxes.
When applying the simplified tax system, the agent afghanistan email list 168973 contact leads should take into account the following: if the amount of remuneration is known in advance and is deducted from the proceeds, then it is considered the contractor's income on the day the money is received from the client.
Salary in an envelope
Source: shutterstock.com
However, if the amount of the fee was not known in advance, it is considered the agent's income on the day the client approves the report, provided that by that date the money from the client is still with the intermediary. In the event that the funds have already been transferred to the principal, the income should be taken into account on the day the money is received from the client.
When applying the OSNO, the agent must account for income for the payment of income tax on the day the principal approves the report. As for VAT on the agent's remuneration, it must be calculated on the day the funds are withheld from the proceeds or on the date the report is approved. It all depends on which comes first.
If the agent has received money from the person receiving the service, then on the same day he must calculate the VAT on the remuneration that will be received from the proceeds.
It is important to note that the intermediary does not have the opportunity to work on the patent taxation system.
Frequently asked questions about the agency agreement for the provision of services
An agency agreement for the provision of paid services has many different advantages. When drafting such an agreement, it is important to take into account all the necessary conditions in advance.
If the contract does not specify the cost of services, is the customer required to make payment?
If the amount of remuneration is not specified in the document, the customer is obliged to make payment. If the price is not specified in the agreement, the contractor has the right to receive an amount corresponding to the fee charged for similar services. However, this may require market analysis and determination of the average cost of similar remuneration.
When to pay the agent's commission if the agreement does not specify the terms?
According to the third paragraph of Article 1006 of the Civil Code of the Russian Federation, if the agreement does not specify the terms of payment, then after the agent submits a report on the work performed, the principal must make the payment of the remuneration within 7 days. If the customer does not comply with this requirement, he may be charged a penalty for delay.
Can territorial restrictions be established in an agency agreement?
According to the third paragraph of Article 1007 of the Civil Code of the Russian Federation, restrictions on the agent’s activities by audience (for example, boundaries based on nationality, gender or religion) and territory (for example, within a certain city, district, region or country) are invalid.
The principal may specify in the document that the agent cannot enter into similar agreements with other persons. In turn, the contractor may require the customer not to seek help from other agents or to perform the tasks assigned to him independen