An agency agreement for the sale of goods, a sample of which will be presented in the article, expresses an obligation to perform one action for a fee by one party. Legal features of such agreements are established by Ch. 52 GK. The agent can perform actions on his behalf at the expense of the other party to the contract (principal) or on behalf and at the expense of the second participant. Let us consider in more detail what constitutes an agency agreement for the sale of goods. A sample (form) agreement will also be described in the article.
General information
Key provisions of the document in question are established by Art. 1005 GK. Depending on the method of concluding the agreement, the obligations and rights of the parties are formulated. For example, an agency contract for the sale of goods is signed with a third entity, not on behalf of the principal, but at the expense of its funds. In this case, the latter does not receive rights and does not acquire duties. This happens regardless of the fact that he is named in the transaction or entered into a direct relationship with a third party to fulfill its conditions. In the event that an agency contract for the sale of goods is signed at the expense of and on behalf of the principal, then he, accordingly, becomes obligated and receives certain rights. In general, a transaction is a type of intermediary agreement. It includes elements of a commission contract and a commission contract .
Important point
The method of concluding the agreement is crucial in resolving the issue related to the classification of retail business with the aim of applying a single tax on air traffic. For example, an organization enters into an agreement with a legal entity, in accordance with which the agent takes appropriate actions on its own behalf on the area he rents, but at the expense of the principal. The basis for its activities are supply contracts and retail agreements. If such conditions are included in the agency agreement for the sale of goods, UTII should be paid not by the principal, but by the other party.
Remuneration
It is established in the manner and in the amounts provided for by agreement. This rule is given in Art. 1006 GK. If the agency agreement for the sale of goods does not establish the amount of remuneration and it cannot be determined according to the terms of the transaction, the amount of payment is equal to the amount that is due under comparable circumstances and is usually transferred for similar services. If the agreement does not provide for a deduction procedure, the principal must be paid remuneration no later than a week from the receipt of the report for the previous period, unless other rules come from the essence of the contract or business practice.
How to draw up an agency agreement for the sale of goods?
The form of the document should include the following information:
- Subject of the transaction.
- Obligations and rights of participants.
- Agent remuneration, rules for making the necessary calculations, depending on the stages of execution of the contract.
- Clarification of the procedure for receiving services.
- Responsibility of the parties in case of malicious evasion of compliance with the terms of the transaction or the occurrence of unavoidable circumstances.
- Guarantees obliging participants to fulfill obligations in a timely manner.
- Contract time.
- Final provisions.
- Additional applications.
- Details, actual addresses of the agent and principal.
- Signatures.
Explanation
The subject matter of the transaction is of great importance in the issue of the possibility of including additional services, the provision of which ensures adequate protection of the interests of the principal. An agency agreement for the sale of goods with a clearly defined deadline can be easily terminated subsequently by agreement of the parties. It cannot be suspended unilaterally. Otherwise, you will have to pay a penalty and understand the problem in court. An exception may be only the onset of force majeure.
Product price
It is advisable to supplement the sample agency contract for the sale of goods with an application in which the item on the cost of products will be separately highlighted. The fact is that products often change their price. Various factors can affect this:
- The total cost of purchased raw materials.
- The final price of transportation work (in some cases, a commission is added to the company providing the freight transportation service).
- Payment of gas, water, electricity and other resources necessary for production, and so on.
Removing the cost of products in a separate application allows you to change the previously set price at any time by replacing the corresponding sheet. This, of course, is done in agreement with the other party.
Key Points
When making an agreement, special attention should be paid to:
- The provision on the possibility of agreeing on the candidates who apply for the post of subagent directly with the agent.
- The final information about the fixed price of different products or one product.
- The exact time limits of the agreement.
- The need and procedure for reporting to the principal on the progress of work, compliance of the actions taken with the terms of the contract.
- Rules for settlement between the parties.
Agency agreement for the sale of goods: accounting
Revenues related to the provision of intermediary services appear as income from ordinary activities. This rule is established in paragraph 5 of PBU 9/99. Reflection in the agent's accounting of the amount of revenue is carried out on the account. 90, subch. 90.1 in correspondence with sc. 76.5. In this regard, to the latter it is advisable to form an additional subaccount for settlements with the principal. Agency expenses that arose as a result of the provision of intermediary services are recorded on the account. 26. Amounts that accrue on this account are debited to DB SC. 90, in subch. 90.2 "Cost of sales". It should be noted that the subject of the agreement will affect the reporting process. Conventionally, it is possible to classify transactions into those that are concluded directly for implementation, and those that are completed with the participation of suppliers of the principal.
Taxation
As for agents who determine income and expenses on an accrual basis, for them, the date of the sale of services will be the date of receipt of profit. It is determined by paragraph 1 of Art. 39 Tax Code. In this case, the actual receipt of funds will not matter. For those who determine expenses and incomes on a cash basis, the date of receipt will be the day the funds are credited to the account or cash desk.
Principal reporting
In its accounting, this participant reflects profit when it receives a report certifying that the agent has fulfilled its obligations under the signed agreement. It is this documentation that will confirm compliance with the conditions for the recognition of profits specified in PBU 9/99 in paragraph 12. In particular, the rules say that this is allowed if:
- The company has the right to receive this revenue arising from a specific agreement or confirmed by other legal means.
- The amount of profit can be determined.
- There is confidence that in the implementation of a specific operation, the economic benefits of the organization will be increased. The fulfillment of such a condition takes place upon receipt by an enterprise of an asset for payment or there is no uncertainty regarding this receipt.
- The right to dispose, possess, use (ownership) of the products has passed from the company to the buyer or the service is provided / work is performed.
- You can determine the costs that have already been made or are expected in relation to this operation.
Postings in Principal Documentation
To account for the products transferred to the agent for sale, invoice is used. 45 "Shipped goods." The operation for the transfer of products is recorded in the documentation by transferring the corresponding amounts to Cd. 41 in dec. 45. After the transfer of ownership to the buyer, the principal shall reflect in his statements the revenue under invoice. 90, subch. 90.1 (DB inv. 90, subacc. 90.2, Cd inv. 45). In accordance with paragraph 5, present in PBU 10/99, approved by Order of the Ministry of Finance No. 33n of May 6, 1999, the costs that relate to the sale of products act as expenses for ordinary types of activities. In the statements, the amounts due to the agent in accordance with the terms of the contract are reflected in the account. 44 and are accepted as implementation costs. As for the remuneration itself, settlements on it are carried out using account 76.5 and the sub-account of the same name (“Settlement with the remuneration agent”).