Rules for drawing up an agreement for the provision of transport services for the transportation of various goods for individual entrepreneurs

Algorithm of actions

The process of preparing a draft agreement can be divided into several stages:

• verification of the counterparty;
• determination of the subject of the transaction and the procedure for fulfilling the obligations assumed by the parties;
• compiling a list of related services ;
• establishing deadlines for the execution of the contract;
• determining the cost of services and the procedure for making payments;
• determination of conditions regarding the parties’ liability for improper fulfillment of obligations under the contract and the procedure for compensation for damage caused;
• determining the conditions and procedure for terminating the contract;
• establishing a procedure for resolving disputes that may arise between the parties during the execution of the transaction;
• application approval ;
• signing the contract.

Checking the counterparty during preparation

The parties to the contract, namely, the customer and the contractor (or the sender and the carrier), can be individuals and legal entities , that is, citizens, individual entrepreneurs and organizations of various legal forms (LLC, JSC, partnerships, cooperatives, NPOs, institutions, etc. .d.).

A high-quality preliminary check of a potential partner is required to eliminate risks associated with fraudulent actions of the counterparty.

If the contractor or customer under the contract is an individual , you must ask to provide the following documents:

• passport of a citizen of the Russian Federation or another state;
• certificate of assignment of TIN ;
• if an individual acts as a performer, he is required to present a certificate of state registration as an individual entrepreneur .

To verify a legal entity, you need to request the following package of documents:

• articles of association;
• certificate of state registration and tax registration ;
• order on the appointment of a director;
• valid power of attorney , according to which the employee signing the agreement is empowered to enter into transactions on behalf of the company.

The contractor, regardless of whether he is an individual entrepreneur or a legal entity, must request :

• certificate of receipt of a license to carry out transportation;
• documents confirming the ownership of the company or individual entrepreneur of vehicles that will be used to fulfill obligations under the contract, or a vehicle rental agreement, as well as data on the technical condition of the transport;
• documented information about the presence of drivers of the appropriate category , or, if the contractor, an individual entrepreneur, carries out transportation on his own, his driver’s license.

Each counterparty, be it an individual entrepreneur or an enterprise, needs to be checked using four tools:

• special service on the tax office website ;
• file of arbitration court cases , where you can find out about legal disputes in which a potential partner is involved;
• database of judicial enforcement proceedings on the website of the bailiff service ;
• Kommersant publication , which contains information on the reorganization, liquidation and bankruptcy of organizations.

The documents listed above will be needed not only for checking the counterparty, but also directly for drawing up the contract. In the text of the document, it is necessary to indicate a reference to the charter or power of attorney , on the basis of which the company representative acts if a legal entity is involved in the transaction.

In addition, you must provide license details . The last paragraph of the agreement “Addresses and details of the parties” lists the names of organizations or full names of individuals acting as parties to the transaction, their bank details and addresses .

Download for free:

Sample contract for the provision of transport services with individual entrepreneurs.

Sample contract for the provision of transport and forwarding services.

Sample agreement for the provision of transport services with the crew.

Sample contract for the provision of transport services with an individual.

Sample agreement for the provision of services for the transportation of passengers.

Standard contract for the provision of transport services for cargo transportation plus an Agreement for the provision of loader services.

We wrote in more detail about the features of concluding a contract for the provision of paid services with individuals here, and here you will learn how such agreements are drawn up with legal entities.

Sample contract for the provision of transport services for a fee

When you first draw up a document, it is better to familiarize yourself with the completed sample in order to clearly understand how exactly the data should be entered. To do this, you need to study an example of a contract for the provision of paid transport services or download it.

contract for the provision of transport services for a fee Having a ready-made sample in hand, you can safely prepare to conclude a deal.

Definitions of the subject of the contract

The subject of the contract, when it comes to services, is understood as a certain set of actions of each party. This paragraph requires maximum detail so that the duties and boundaries of responsibility of each of the counterparties are clearly defined and understandable.

Since a detailed description of the subject of the transaction can be quite voluminous, it is advisable to include the details in a separate appendix with the corresponding link in the text of the agreement. The subject of the agreement for the provision of transport services in its simplest form provides for the obligation of the contractor :

• ensure the supply of transport;
• receive cargo or receive passengers at a certain place;
• ensure the safety of cargo during transportation;
• transport the cargo to the destination specified by the customer;
• hand over the cargo to an authorized person.

The client, in turn, undertakes to provide the cargo or passengers at the designated place, ensure acceptance of the cargo at the destination and make payment.

The contract can be concluded for a one-time transportation of cargo or for a long time.

In the second case, it is advisable to define in the text of the contract the procedure for filling out applications, on the basis of which the customer will give tasks to the contractor about the necessary transportation.

It is in them that it will be necessary to specify the subject of the transaction in relation to each individual stage of the provision of services. To clarify the subject of the transaction, the following data must be specified in the contract form or in its appendices:

1. Route and procedure for organizing transportation.
2. Composition and quantity of cargo or passengers. The important point here is that the goods are transferred in proper containers suitable for safe transportation . This responsibility most often rests with the client, and the contractor, in turn, has the right to refuse to accept the cargo if this condition is not met. The precise definition of the clause on the packaging of goods in the contract serves to protect the interests of the cargo carrier.
3. Type and characteristics of vehicles that will be used to complete the customer’s assignment. This point is of particular importance in cases where it is necessary to transport cargo that requires special transportation conditions . For example, to deliver frozen products you will need a refrigerator, and to transport oversized cargo a special trailer or wagon. This is also important in passenger transport, if it is necessary to provide a certain level of comfort for passengers.
4. Related services (this item will be discussed in detail below).
5. The contractor has the right to engage third parties to complete the client’s assignment. The contract may provide for the possibility of the carrier to seek the help of subcontractors, subject to obtaining the customer’s permission or without it. The first option allows the carrier to react more quickly in case of unforeseen situations . The second one allows the customer to better control the transportation process.

Contract for cargo transportation with individual entrepreneurs - sample

A single written contractual document when registering cargo transportation is not mandatory, and this is confirmed by judicial practice (for example, the decision of the Eighth Arbitration Court of Appeal dated November 14, 2011 in case No. A81-1828/2011). However, signing it allows you to agree on additional conditions in addition to those provided for by the waybill, baggage receipt, etc.

The cargo transportation contract with the individual entrepreneur must indicate:

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1. Name and details (date, place of detention, number).
2. Data of the parties to the transaction (name or full name, address of location or residence, registration or passport data). For individual entrepreneurs, you must indicate both passport details and the number of the certificate confirming registration as an individual entrepreneur.
3. Status of the parties to the transaction (sender, carrier).
4. Subject of the transaction. This section should be formulated as clearly and specifically as possible, paying special attention to the parameters of the cargo, as well as the delivery method (special transport equipment), if this is relevant. Here the grounds for transportation can be determined (sender’s requests, the arrival of a certain date, etc.).
5. Powers, duties and responsibilities of the parties.
6. Cost and payment procedure.
7. Delivery period.
8. Consignee details.
9. Other conditions, if any.
10. Details and signatures of counterparties.

A sample contract for cargo transportation with an individual entrepreneur can be downloaded from the link below - we have already written about it in one of our articles.

List of additional services

The main task of the contractor under the contract is to transport cargo or passengers from point A to point B.

However, in many cases it is advisable to transfer a number of other works to him , especially if the subject of the transaction is the transportation of goods over long distances using different types of vehicles.

So, related services may include:

1. Preparation of accompanying documentation and completion of customs procedures .
2. Organization of loading and unloading operations .
3. Temporary storage of cargo in a warehouse and its protection during transportation.
4. Insurance of goods. The inclusion of this clause in the contract allows the customer to receive additional guarantees in case of damage, damage or loss of cargo during transportation.
5. Monitoring of cargo movements.

Since the listed services may be associated with additional costs , the contract must indicate who, the customer or the contractor, is obliged to pay for them.

The procedure for drawing up an agreement for the provision of cargo transportation services

It should be noted that today the transaction is recorded in ordinary written form. It lists all the terms of the agreement. The document includes the following information:

• Personal and contact information of all parties to the transaction;
• Cargo departure point;
• Delivery terms;
• Information about the cargo (name of the product, its volume, size per piece, weight of the cargo, destination, expiration date, date and time of dispatch, point of arrival.
• Rights of the parties;
• Responsibilities of the parties to the transaction;
• Cost of transport company services for this order;
• Methods of transferring funds for the provision of cargo transportation services;
• Description of the sequence of actions during the transfer and acceptance of goods;
• Responsibility of participants;
• Signatures and seals with personal data of the parties to the transaction.

This is a typical scheme of an agreement with a transport company. However, in addition to single orders, there are also long-term ones, based on the regular provision of transportation services. In such cases, the conditions specified in the transaction document will be valid throughout the entire period of cooperation between the parties.

When drawing up a contract, the following points must be taken into account:

• The type of cargo, the starting and final point of cargo transportation, as well as the time frame within which the cargo must be delivered to its destination are indicated.
• All rights and obligations of the parties who signed the contract for cargo transportation are indicated.
• The persons responsible for the delivery and receipt of cargo are indicated.
• The contract includes the obligation of the company providing transportation services to ensure the process of delivering the cargo using proper transport.
• The responsibility of each party is indicated if the terms of the contract are violated for any reason.

In the event that the received cargo was damaged or lost during transportation, then the carrier company must, by default, compensate for the damage. In this case, the amount of damage that must be compensated to the company must be equal in value to the cargo that was damaged or lost. If the cost of the cargo was not specified in advance in the contract, then the carrier company should be guided by the market value.

In the event that the company’s client does not fulfill his obligations to pay for transportation in accordance with the contract, the carrier company has the right to retain the cargo until it receives the specified funds, usually in full.

Thus, if a full-fledged agreement was drawn up between the client and the company, taking into account all the necessary points, then many problems that may arise in the future will be resolved in accordance with the law. Complex legal procedures can be significantly simplified in the case of long-term and successful cooperation between the client and the carrier company.

Responsibilities of the parties and accompanying documentation According to Russian legislation, sending goods to the recipient is prepared by a number of additional documents. Taking into account what kind of transport is used to transport goods and how transportation is carried out, the following documents are prepared:

• Railway consignment note (when moving goods by rail);
• Consignment note (when using trucks);
• Postal or cargo waybills (in case of transportation of goods by air);
• Charter or bill of lading (for sea transportation of cargo).

It is advisable to include in the contract not only the description and characteristics of the cargo (qualitative and quantitative), the procedure for loading, moving and accepting the goods, the cost of services, but also the responsibilities of the parties to the transaction.

The sender of the cargo is obliged:

• Check the cargo for quality and quantity before transportation;
• Prepare relevant documents;
• Create conditions for the safe dispatch of cargo;
• Prepare the transport on time if, according to the contract, the sender’s equipment is involved.

The transport company is obliged:

• Prepare the means for transporting cargo on time, checking its working condition and suitability for transporting the goods;
• In the event that the carrier organization cannot provide the required vehicle, it is obliged to notify the customer about this;
• Deliver the cargo within the time period specified in the contract;
• Carry out the movement of goods in accordance with the requirements for the conditions of its storage. The products must be delivered to the recipient completely intact and intact.

Responsibility of the parties to the transaction By signing an agreement, its participants undertake obligations. Since the document has legal force, the parties are held responsible for failure to comply with the terms of the transaction. It should be noted that the contract itself lists cases the occurrence of which implies that the customer-sender and the cargo carrier company will be held liable.

Thus, non-compliance of freight transport with the conditions for moving a given product, loss or damage to cargo (or part of it) may become reasons for the sender to file claims against the carrier company. In any case, penalties are specified in the contract for a responsible approach to the transaction by its participants.

Setting deadlines

Competent drafting of a contract of this type requires the determination of the following terms :

• date of transfer of cargo to the carrier or acceptance of passengers;
• the time the cargo is in transit ;
• date of delivery of cargo or passengers to destination;
• deadlines for making advance payment and final payment ;
• deadlines for payment by the client of additional expenses determined by the contract;
• deadlines for submitting applications for the transportation of goods or transportation of passengers, if the contract is long-term;
• the period during which the contractor is obliged to compensate the customer for damage caused as a result of damage or loss of cargo, or as a result of failure to comply with the terms of transportation stipulated by the contract;
• contract time .

In some cases, the deadlines can be determined by a specific date, in others it is advisable to associate them with the fact of the occurrence of a particular event.

How to compose correctly

Each organization that transports goods or passengers has a sample agreement for the provision of paid transport services. There is no need to draw it up, since it belongs to the category of all contracts for paid services. The difference between them lies precisely in the type of work performed. Otherwise, these are standard agreements with the following clauses:

• subject of the contract;
• payment procedure and amount;
• rights and obligations;
• procedure for receiving services;
• termination of an agreement;
• liability of the parties;
• additional conditions;
• details of organizations;
• signatures of the parties.

Each paragraph is compiled in accordance with the current legislation of the Russian Federation. An agreement for the provision of paid transport services can sometimes be developed individually for the customer, however, even in this case, all the key points remain, only an appendix or several appendices are added. After the signatures of the parties have been delivered and the contract for the provision of paid transport services has been drawn up, working cooperation between the parties that signed it begins.

Cost and payment procedure

The cost of services is determined directly in the text of the contract or is established separately for each client’s application. In the second case, you can draw up an appendix to the contract with a list of carrier prices. In this case, it is advisable to indicate in the document a possible procedure for changing such a price list.

Payments under the contract are made in a lump sum or divided into stages. The parties have the right to provide for an advance payment condition .

Payment terms are set as a fixed date , if one can be determined, or tied to some event . For example, the customer can make payments within 5 banking days from the moment the cargo is accepted at the destination or after the carrier issues an invoice.

The text of the agreement also establishes the form of payment : cash or bank transfer. In addition, if the parties work on a common taxation system, it is necessary to indicate the inclusion of VAT in the cost of services.

Typical sample

To correctly draw up and sign a contract, download a standard sample. The parties to the agreement must fill it out, entering their data, and also state their mutual responsibilities.

Cargo transportation

A contract for the carriage of goods with an individual entrepreneur is simple if it is necessary to supply goods along an intercity or international route. The document states:

• the nature of the cargo and its value;
• specialized transport for cargo transportation;
• supply route;
• warehouse storage conditions;
• sorting of goods.

Important! In this case, transportation becomes part of logistics activities in order to protect the interests of the customer.

PDF file

A sample of a standard cargo transportation agreement between an individual entrepreneur and an LLC will help you draw up the document correctly and not miss important points.

Passenger Transportation

According to Russian legislation, the contractor can transport passengers. This requires a vehicle or vehicle suitable for transporting a large number of people.

If a car with a driver is used, the contract specifies the amount of his remuneration. This amount can be negotiated separately or included in the total cost of the service.

When providing forwarding services, the contract stipulates the need for the forwarder to draw up documentation and then submit it to customs or other authorities.

PDF file

Responsibility of the parties

The responsibility of the parties to the transaction directly follows from the obligations that they assume in accordance with the terms of the agreement, as well as from the provisions of regulations governing this type of obligation.

The Contractor is responsible for:

• timely delivery of transport that complies with the terms of the contract, and acceptance of goods or accommodation of passengers;
• transportation of cargo to the destination within the prescribed period ;
• ensuring the safety and integrity of the cargo, from the moment of receipt of the goods until its transfer to an authorized person;
• proper performance of other services provided for by the terms of the transaction.

The customer is responsible for:

• transfer of cargo in containers necessary to ensure the safety of the cargo during transportation, if this responsibility is assigned to the client;
• transfer of goods to the carrier at the place and time indicated in the contract or application;
• organizing the acceptance of cargo at the destination on time;
• timely payment of payments and additional costs that arise for the contractor in the process of executing the contract, if the terms of the transaction provide for such an obligation;
• compliance with the procedure and terms of payment for services under the contract.

The parties should provide for conditions regarding penalties and procedures for compensation for damage caused by improper execution of the transaction. This is especially important in the context of risks associated with loss or damage to cargo during transport.

It should be noted that responsible for damage to goods , except in cases where the cargo was damaged as a result of circumstances that the contractor did not have the opportunity and should not have foreseen. The latter include, in particular, force majeure circumstances listed in Art. 401 Civil Code of the Russian Federation.

Transport services for individual entrepreneurs. Taxation 2020 - 2020

In this article we will tell you in what modes individual entrepreneurs’ transport services can be provided. Taxation 2020 - 2020 has not undergone any significant changes in this matter.

Transport services for individual entrepreneurs

Entrepreneurs can provide various types of transport services. They can be divided into several groups. Depending on the type of transport, transportation services can be water, road, rail, air, etc. Entrepreneurs usually carry out road transport. They can also be divided into groups:

• cargo transportation;
• passenger transportation.

OKVED codes for different types of transport services can be found here.

https://youtu.be/yDVe8VN7fpk

When choosing the appropriate type of activity, you need to take into account the need to obtain a license to carry it out. Thus, a license will be required for passenger transportation in vehicles with a capacity of more than eight people.

In addition, before starting the activity, you must remember to notify Rostransnadzor. Failure to comply with these mandatory requirements may result in prosecution.

Taxation of transport services for individual entrepreneurs 2020 – 2020

These services can be provided by entrepreneurs in different tax regimes, both in the general taxation regime and in special ones (STS, UTII, patent system). Each mode has its own pros/cons. All necessary conditions for their use must also be available.

Transport services under the general tax regime

This tax regime will be the most difficult for an entrepreneur due to the tax burden, tax accounting and reporting. In the general mode (OSNO), the entrepreneur pays personal income tax, VAT, property taxes (personal property tax, land tax, transport tax) to the treasury.

Returns must be filed for each tax. In order to fulfill all mandatory requirements, correctly calculate and pay taxes, take into account income and expenses, prepare and submit tax reports, an entrepreneur will need the services of professional accountants.

An advantage of this mode may be the opportunity to work with counterparties for whom the entrepreneur’s work with VAT is important. Such counterparties may be interested in cooperation with the entrepreneur, since they will subsequently be able to deduct the VAT paid for transport services.

Transport services for individual entrepreneurs on special modes

Transport services can also be provided in the following mode:

• simplified tax system
• UTII
• Patent system

There are corresponding conditions for the use of each mode.

Working in simplified taxation mode is possible if:

• the number of individual entrepreneur employees does not exceed 100 people;
• the amount of income for the corresponding tax period is not more than 150 million rubles.

Using the simplified tax system, an entrepreneur can pay either a tax on total income at a rate of up to 6% or a tax on income minus expenses at a rate of up to 15%. The size of the bet is determined by the regions. You will not have to pay either VAT or personal income tax. Reporting will also be easier. Individual entrepreneurs need to maintain KUDIR according to the simplified tax system and annually submit a declaration according to the simplified tax system.

Transport services for individual entrepreneurs on UTII

Transport services can also be provided in the UTII mode, but only if such a decision is made by local authorities. The conditions for the application of this regime by an entrepreneur are:

• The number of employees is no more than 100 people;
• The number of vehicles is no more than 20 units.

In this mode, the entrepreneur does not pay personal income tax and VAT. Instead, a single tax is subject to payment at a rate of up to 15%. It is paid from imputed income, which is calculated using a special formula taking into account the basic profitability (6,000 rubles/month per vehicle - for cargo transportation; 1,500 rubles/month per passenger seat - for passenger transportation).

Reporting in this mode is also much simpler. A UTII declaration must be submitted for each quarter.

Transport services on the patent system

The provision of transport services in this mode is possible only if regional authorities have provided for such a possibility. However, to work in this mode, the entrepreneur must meet the following conditions:

• Income no more than 60 million rubles;
• The number of employees is no more than 15 people.

Working on a patent, an entrepreneur does not pay personal income tax and VAT. Only the cost of the patent is payable, which can be issued for a period from 1 to 12 months within a calendar year.

In this mode, the entrepreneur does not need to submit declarations; it is enough to keep records of income in the prescribed form.

Transport tax for individual entrepreneurs

Regardless of the chosen general or special mode, the entrepreneur must pay transport tax.

In this case, for an individual entrepreneur, only the title on the basis of which he uses the vehicle for transportation matters. If the vehicle is his own, then it must be taken into account when calculating the tax.

A vehicle is not taken into account if it does not belong to the entrepreneur, but, for example, is rented by him.

Coffee break: what is the number of the parking space?

Source: https://russia-in-law.ru/transportnyie-uslugi-ip-nalogooblozhenie-2017-goda/

Settlement of disputes

In the event of a dispute, it is recommended to include in the contract a clause on resolving conflicts between the parties out of court.

As a rule, the document states the obligation of counterparties, before going to court, to inform the partner about their claims in writing and provide him with a certain period of time to consider them and prepare a response.

The parties also have the right, within the framework of the agreement, to enter into an agreement to resolve disputes in arbitration. In addition, they can change the territorial jurisdiction, for example, by providing for the possibility of filing a claim against the counterparty in arbitration or a court of general jurisdiction at the location of the plaintiff.

Termination

According to the norms of civil law, the parties to a contract for the provision of paid services have the right to terminate the transaction at any time by mutual agreement or unilaterally.

It should be borne in mind that the initiator of unilateral termination of the transaction is obliged to compensate the counterparty for damage caused by the early termination of the contractual relationship.

To avoid conflicts , the text of the contract must indicate :

• how many days in advance and in what form must the initiator of termination of the contract notify the counterparty of his decision;
• final payments for services rendered should be made ;
• in what order is a claim for compensation for damage caused by early termination of the contract made?
• within what time period this damage must be compensated.

If it was not possible to terminate the contract voluntarily , this can be done in court.

We discuss the nuances of concluding contracts for the provision of cleaning, accounting, educational, consulting, marketing, repair, real estate, medical and legal services in separate articles.

Results

The civil law principle of freedom of contract provides counterparties with a wide range of opportunities for independent regulation of contractual relations in the field of transport services.

This allows you to combine several different obligations in one agreement and create complex services within one transaction.

Each clause of the contract requires careful analysis for legal risks.

All conditions must be written down in the text of the document and its appendices in precise wording that is understandable to all parties to the transaction and does not allow for ambiguous interpretation.

Particular attention should be paid to such points as the subject of the contract, terms, distribution of responsibility for damage and loss of cargo, as well as the procedure for compensation for damage caused.