To make a purchase from a natural person as a legal entity, you need to know how to arrange everything correctly. It is not as simple as it seems, but it is quite real. In order not to be mistaken, we suggest you read our article. Let's start with the main points.
the main thing
Some people think that buying from an individual by a legal entity is prohibited, but this is not so. Why? After all, there will be no opportunity to issue a check or an invoice!
It can be done differently. For this kind of transaction, it is not necessary to draw up a contract. The parties themselves decide this issue, but we still recommend documenting the operation. First of all, such a measure will avoid many problems and will ensure that the transaction is completed.
As for payment, a purchase from an individual by a legal entity can be paid in cash or by transfer to a personal account in a banking organization. It is important to understand that the amount of the calculation is not limited to anything, since the law allows you to pay individuals in any amount.
What the law allows
Below we will provide documents on the purchase from an individual by a legal entity, but for now we’ll talk about which transactions can be carried out with private individuals and which cannot.
There is a law “On the contract system in the field of procurement”, according to which an individual may also be a bidder, except for enterprises, individual entrepreneurs and organizations.
Procurement in such a situation can be carried out under article 93 of the Federal Law-44 or in a competitive manner, that is, through auction or tendering. A striking example is the citizens who are hired as guides or teachers for a short time.
The only restriction is that individuals do not have the right to participate in tenders aimed at SONCO and NSR. How to find out about such participants? This moment must be prescribed by the customer in the procurement documents.
Another indicator is the difference in applications. We talk:
- About the last name, patronymic and first name, as well as the place of residence of the supplier. Usually, the name of the enterprise and its legal address are written on this place.
- About identity documents. As a rule, here should be an extract from the register.
- About IIN must be indicated only by participating enterprises. Individuals are exempted from this.
It is important to understand that when making a purchase from a natural person as a legal entity, the value of the goods decreases on personal income tax. All these points are not only possible, but also necessary to pay attention so that in the future there are no problems.
Key Documents
A purchase from an individual by a legal entity is accompanied by a package of securities, without which the transaction simply would not be realized. What kind of documents are these? Let's see.
- The act of the transfer of property.
- Act SP-40. Used if animals are bought.
- Procurement Act in the form of OP-5.
- Acceptance certificate. Needed if scrap is bought.
It is important to remember that there should always be two acts.
By the way, you can independently issue an act on an individual model. In such a situation, you need to look so that the form contains all the necessary details. Let's talk about them.
Mandatory details
The purchase of goods from an individual by a legal entity should be formalized through acts. In these documents you must specify the standard details. What are you talking about?
- The name of the paper.
- Date of signing the document.
- The content of the document.
- The name of the company or organization.
- Quantity and unit of measure.
- Signatures of two parties.
On the basis of this paper, the company will accept the value of the goods as an expense, which is necessary if the tax system involves paying the difference between expenses and income.
Documents for payment
The purchase of goods from an individual by a legal entity is also carried out for money. And there are two payment methods: cash and bank transfer. The latter option must be confirmed with a payment order.
But cash settlement is worth considering in more detail. For an enterprise or organization, there are two ways of settlement with an individual:
- Issuing money from the cash register. In this case, a cash flow order is issued, but not always. For example, individual entrepreneurs can not do this.
- Disbursement of cash to an employee of the enterprise under the report. As soon as the employee pays the seller, he will have to prepare an expense report. But the latter is served not without everything, an act is attached to it, in which there is a mark on the payment for the goods.
How to give money to an employee for a report
Before receiving funds, the employee must write a statement containing a request to issue money for the purchase of goods. The application must indicate the period for which funds are issued.
The paper must be signed by the head of the enterprise or organization.
When is the procurement statement executed?
If you plan to purchase equipment from an individual by a legal entity or if it is a matter of some value, then you need to draw up a procurement act. The latter can act as a primary contract, or it can become an independent document. This is due to the form of the contract, which may be different.
The document will enter into force only after the signature of both parties.
There is an already developed template in the form of OP-5, which you can use. Alternatively, an enterprise can develop a template on its own.
How to be with personal income tax
Do I need to transfer personal income tax for the purchase from an individual legal entity? Definitely not. In this situation, the buyer is not a tax agent, which means that the seller must independently report to the IFTS on income and, accordingly, pay personal income tax.
In case of non-payment or if the seller did not provide an answer, he will be directly responsible.
Apartment purchase
How is the purchase of real estate from an individual legal entity? The procedure is not so different from the standard for the acquisition of real estate.
First of all, you need to remember that a legal entity can buy an apartment or premises either from the same legal entity or from a private person. The law allows both that and that option.
The legal entity will be a commercial organization in the status of AO, LLC, CJSC. A legal entity may purchase an apartment from an individual for the following purposes:
- Investment. They buy an apartment in order to invest money and resell it in the future. In this case, the apartment is not the main means.
- Commercial. The apartment is the main means and accounting is conducted on it.
The difference from the standard transaction is that it is necessary to obtain consent from the owner of the enterprise for a large acquisition. By the way, a big deal is called one that exceeds a quarter of the value of the organization’s assets.
Consent
The document is executed in writing and in several forms. The latter depend on what type of property was chosen. Form is considered the minutes of the meeting, the decision of the board of directors or the meeting of shareholders. If the transaction is concluded without consent, then it is considered illegal. For example, even if the founder of the LLC and the director are the same person, you still need to draw up consent.
How is the transaction conducted
The purchase of premises by a legal entity from an individual proceeds according to the standard procedure.
- Participants discuss important aspects of the transaction.
- A preliminary contract of sale is signed and an advance or deposit is paid.
- Participants sign the main contract.
- The buyer and seller go through the state registration of the transfer of ownership.
- Under the contract of sale, the final payment is made.
- Participants sign a deed of transfer of real estate.
A certain set of documents is required from the seller, which should already be ready at the time of sale.
It:
- Passport.
- Certificate of ownership or other document that certifies ownership.
- Extract from the registry, which confirms the absence of encumbrances.
- Documents that explain how ownership came to the owner. This includes a privatization contract, sale or testament.
- Explication of premises and technical plan from BTI. These papers confirm the absence of unformed redevelopments.
- Extract from the house book, which shows that there are no registered people in the apartment.
- Extract from the Unified Housing Document or financial account. With the help of it, the seller confirms that there are no debts for utility bills.
- If necessary, consent from the guardianship authorities to the transaction. It will be required if there are persons under guardianship or minors among the owners.
Sometimes the seller applies a power of attorney to represent interests to an existing package. This happens in situations where the transaction is carried out by an authorized representative.
Some nuances
When buying property from a legal entity and vice versa, a lot of time must be devoted to a sale contract. When compiling, the requirements of the Civil Code of our country should be taken into account. The contract should clearly define the property, give a description of the parties to the sale, contain the value of the transaction. The last requirement is very important, because if there is no information about the price, then the contract is invalidated.
In addition, the document should reflect all the persons registered in the apartment, the obligations and rights of the parties, the presence of debts for housing and communal services and encumbrances, the conditions for termination of the contract.
In addition, during the execution of documents, the seller will have to write an application for alienation, and the buyer for entry into ownership. Do not ignore the state duty, as this is a necessary contribution. For legal entities, it is 22 thousand rubles. The amount is relevant for each region and is fixed in the Tax Code.
Buy a car
Transactions between an individual and a legal entity may not only be on the subject of real estate or goods. Often there is a purchase of a car from a legal entity by an individual and vice versa. Let's talk about whether there are differences from the standard procedure.
There are no fundamental differences during the transaction, but there are some nuances. If you do not know about them, then the seller or the buyer can earn a problem.
- Verification of the seller for legal cleanliness.
- Minor differences in the design of the transaction.
It is important to check the seller directly, and not the car, for legal cleanliness before the transaction. Why do this? The legal entity may have unfulfilled obligations, for which the company is liable with all property. The car directly relates to the property of the enterprise or organization.
If a person buys such a car and does not verify the seller, over time, other legal entities that were creditors may claim the car.
To check an enterprise or organization, it is enough to get an extract from the register. It can be analyzed for inconsistencies or suspicious information.
It is also necessary to check whether the legal entity has tax debts and whether it is legally competent. You can use the tax service website for this.
You need to find out if the company is considered bankrupt. Doing this is a must, because you take the risk and part with a considerable amount.
As for the features of the transaction, there are several.
- Representation of a legal entity.
- Making a payment.
- Paperwork.
First of all, before concluding a transaction, you need to make sure that the representative has a power of attorney to sell the car. The document must be on letterhead and certified by a notary. Only in this way a document issued allows us to hope for the purity of the transaction.
The set of documents for sale is standard, but there are some nuances. For example, in all fields for individuals-owners must be information about the company. Moreover, it is important to check the presence of the seal, the signature of the representative of the legal entity.
Please note that the DKP must contain a reference to a power of attorney certified by a notary. It should correspond to that which the representative of the legal entity has in his hands.
To eliminate problems in the future, try to deposit money at the cash desk of the enterprise. The latter should be equipped with a cash register. After the operation is completed, the cashier is obliged to issue the buyer a cash receipt order, certified by the seal of the legal entity.
We buy a site
We have already talked about how the purchase of materials from an individual by a legal entity proceeds. It's time to talk about the acquisition of land.
What you need to know about the procedure for buying land from an individual legal entity? Now we will tell.
The whole procedure revolves around the contract of sale. It indicates both the seller’s data and the buyer’s data. Everything seems to be clean, but no.
Before a legal entity agrees to a deal, it must be aware that certain risks exist. We are talking about:
- The difficulty of checking the legal purity of the acquired plot.
- The risk of land seizure in the process of registration by public authorities.
- The presence of encumbrances that do not allow to perform certain actions with the site.
- Overpriced land.
How to check documents? Unlike buying an OS from an individual legal entity, there are a lot of subtleties.
In order not to fall for the tricks of fraudsters, it is enough to independently collect documents that will help to find hidden information.
First you need to make copies of these documents on the ground. Please note that a genuine certificate of registration is protected by a hologram and watermarks. To check the document you need to contact the federal registration service. If the seller has nothing to hide, then he will give the document without problems.
It is also necessary to check the land by cadastral number. This is done on the website of the Federal Registration Service on the public card of the federal registration service.
It is worth ordering an extract to the site in the federal registration service. It will be seen on it whether there are encumbrances on the earth, arrest and who is the owner of the site.
If you are afraid that you can’t do it yourself, entrust the check to a real estate agency.
How is the deal going
The process is not much different from the standard, but still it is worth describing. First, the seller shows the site. If the buyer is happy with everything, then the parties proceed to the development of a preliminary contract. The next step is to collect the necessary documentation, after which the main contract is drawn up. When all the bureaucratic moments are completed, the buyer transfers the money to the seller and they sign the contract.
The final stage is the moment when the buyer receives ownership of the land.
The contract must be in triplicate. Why so much? One remains with the current owner, the other is kept by the past, the third must be returned to the Register for registration of property rights.
What should the document contain?
- Information about the seller. This includes passport details, first name, middle name and last name.
- Description of the land plot together with the cadastral number, category of land, absence or presence of encumbrances, cadastral value.
- Features of payment and transaction amount. This paragraph must be described in great detail so that the parties subsequently have no complaints.
- List of securities attached to the contract.
Conclusion
Today we figured out how much the VAT will cost to purchase from an individual legal entity, as well as some situations involving the features of the transaction.
As you know, with any operation, you must be extremely careful and not risk in vain. You give your money, and in return you can safely count on honestly providing something.
So that there are no misunderstandings and conflict situations, do not rely on the seller, but check all the documents yourself. Usually people sin on dishonesty of legal entities, but who said that ordinary citizens are completely honest? Do not expose yourself.
In general, transactions with individuals are practically no different, and in some situations even much more profitable. Therefore, do not neglect the opportunity to purchase a valuable thing or materials from a private person. Often they are of much better quality than those provided by other organizations.
Therefore, think before you perform this or that operation, and do not take unreasonable risks. At the same time, you should not fence yourself off from the outside world and be afraid of scammers, since you will only lose your job.
Increase profits correctly. Try to avoid risks and always weigh everything, make informed decisions.