Content
- Why is it important to issue a receipt?
- In what cases is a receipt used: advance payment and post-payment
- Rules for registration
- Sample receipt for payment of completed apartment repair work
- Sample receipt for the issuance of an advance payment for repair work
- Sample receipt for the issuance of money for the purchase of materials
- Sample receipt of the final payment for the repair work
- Useful Tips
A receipt on the receipt of money for the repair of an apartment is a written document confirming the fact that the customer issued, and the contractor accepted a certain amount of funds as payment for completed work. During the repair of a residential building by a master - an individual, one inevitably has to deal with the design of transferring money from the customer to the contractor. Most often, payment is made without any documents. Such an approach can lead to disputes, conflicts and even fraud.
Why is it important to issue a receipt?
Payment for work (services) is a legally significant action. That is, the fact of payment itself entails legal consequences for both parties:
- for the customer, this is confirmation that the obligation to pay for the work has been properly performed by him (no underpayment or debt);
- for the contractor - proof of receipt of remuneration for labor in a specific amount.
Given the materiality of the legal consequences, the fact of payment is always strictly recorded and documented in entrepreneurial activity using accounting documents.
Commercial organizations and entrepreneurs do not write receipts; this is illegal.
Therefore, when repairs are carried out by a legal entity (construction company, company, etc.) or an individual entrepreneur, when accepting money from the customer, he is issued with the original strict reporting form - a cash receipt, receipt, receipt order, etc. P.
If the repair is carried out with the help of a hired contractor - an individual, he will not issue accounting documents, but he will be able to issue a receipt (and this is an analogue of a cash receipt or receipt order).
In the process of repair (before its completion), the question of transferring money to the contractor may arise more than once:
- payment for the implementation of one of the stages of work (if provided for by the contract);
- disbursement of funds in advance (for example, there is the practice of providing 30% of the total cost of the contract to the contractor before starting work. This is a kind of guarantee of customer solvency);
- transfer of money for the purchase of necessary building materials - issuing money for the report.
Such situations are often not documented in any way, funds are transferred from hand to hand, the parties are guided by trust.
However, statistics and prevailing judicial practice confirm that more than 50% of all repairs end in disputes and conflicts. And not all of them can be referred to the court, since the debaters have no documents proving their innocence.
The receipt can serve as evidence in court, even if the repair contract was not concluded at all!
There are still frequent cases where people base relationships on the production of expensive construction or finishing works “on trust”. Conclusion of an agreement they find it difficult or superfluous.
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If such a "confidential" repair performed by a "recommended" master proves to be of poor quality, it will be impossible to recover the money spent or recover material damage through a court.
Therefore, if repairs are already being made, and the contract for some reason has not been executed, correctly written receipts on the receipt of money by the contractor can serve as evidence that the transaction is actually was perfect. These written documents will be the basis for filing a lawsuit.
Expert Opinion
Kozhevnikova Ekaterina Sergeevna
Legal adviser, practicing since 2004. I provide full legal support for entrepreneurial activities of construction companies and individual entrepreneurs.
Legal basis:
A party that has accepted from the other party full or partial performance under a contract or has otherwise confirmed the validity of a contract does not have the right to demand recognition of this contract as not concluded. (P. 3 tbsp. 432 of the Civil Code of the Russian Federation).
That is, the customer, transferring money, and the contractor, accepting them as payment for the work performed (even if it is a partial payment), confirm that a repair contract was concluded between them (albeit verbally ok). If there is written evidence (receipt), neither of the parties will be able to resort to deception, referring to the fact that there was no contract and no obligations arose.
In what cases is a receipt used: advance payment and post-payment
It is always necessary to fix the moment of payment in writing. This is especially true of the relationship between individuals. Moreover, the receipt is the only document that indisputably confirms the fact of the transfer of money and is accepted by the court.
Cases of registration:
- payment for the work performed (a separate type, complex of works or their stage - depending on the terms of the contract). The receipt is made at the time of transfer of money, after the work is accepted by the customer. It is important to indicate in the text that payment is made for actually performed work (for a specific amount).
- advance payment - payment stipulated by the contract before the start of repair. It is necessary to register in the text that this is an advance payment.
- issue of funds for the purchase of materials. It is important to indicate that the money is provided for the purchase of specific goods (indicate what and their volume). And also prescribe that the contractor is required to report (provide the originals of cash receipts) for the targeted use of funds.
- final settlement under the contract. The receipt should reflect that with the transfer of this amount, the relationship between the parties ceases, there are no complaints.
Expert Opinion
Kozhevnikova Ekaterina Sergeevna
Legal adviser, practicing since 2004. I provide full legal support for entrepreneurial activities of construction companies and individual entrepreneurs.
Why is it important to include specific phrases in the text of receipts?
Even if there is a contract agreement, a detailed statement of all actions in writing will record minor obligations of the parties and reflect the chronology (terms) of payments. And in cases where the contract is drawn up nominally, the conditions are not spelled out in detail or it is not at all concluded, the receipt is the only document that reflects the procedure and has a signature responsible person!
Rules for registration
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The legislation does not contain strict requirements for the preparation of receipts. But there is a prevailing practice on how to correctly and legally correctly execute it:
- the document is written in writing: you can type text on a computer and print by filling in the required fields by hand or create a completely handwritten version (both methods are applied on an equal footing, accepted by the courts as evidence). Moreover, a handwritten text is in some cases preferable (for example, when handwriting examination is required);
- notarization of a receipt is not required. The law does not make such a requirement. That is, if you wish, you can contact a notary public (for example, if a very large amount is transferred), but if this is not done, the document will have legal force;
- the receipt is drawn up by the person accepting the money. Its original shall be deposited with the person who made the payment. If necessary, you can make a copy or draw up a document in duplicate (for both sides).
- in the text you need to specify F. AND. ABOUT. both parties (issuing and receiving funds), their passport details and registration addresses;
- it is mandatory to write the amount in numbers and words;
- the intended use of money should be reflected (for what or for what it is issued);
- the document is signed by the personal signature of the person who received the money (and by the witnesses, if any) with full decoding F. AND. ABOUT.;
- The date and place of the receipt must be included in the text. A document without a date is invalid!
- blots, errors, illegible writing are not allowed. The presence of erasures or corrections entails the invalidity of the document.
Sample receipt for payment of completed apartment repair work
Options:
- If the payment is made not for the entire repair, but for the completed stage (or a specific type of work, for example, wallpapering), then to the text a phrase is included, for example: “the amount ________ as a full payment for the performance of work on gluing wallpaper 38 m2 under the contract Contract _______. " This will be a confirmation that this type of work has been paid in full.
- If payment is made for part of the work, then the text should include: “the amount _______ as a partial payment for performance of work (for example, laying laminate) in a volume of 18 m2 (children's room) out of 47 m2 (total volume, all apartment)". This will make it possible to specify for which partly completed scope of work payment has been made.
- When paying for a complex of works, in the text of the receipt, each type and volume must be indicated: for example: “total amount ________ as payment for execution works: installation of the substrate on the floor in the amount of 12 m2, with a total cost of _____ rubles, laying of a laminate of 12 m2 with a total cost of ______ rubles, installation of baseboards 17 m.pog. total cost of ______ rubles. "
Sample receipt for the issuance of an advance payment for repair work
If the terms of the contract stipulate a partial prepayment of the work, then the receipt must contain an indication, for example: “The amount of __________ rubles in advance payment (advance payment), which is 30% of the total cost of work under the contract ________».
Sample receipt for the issuance of money for the purchase of materials
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If, under the terms of the contract or another agreement of the parties, the customer instructs the contractor to independently purchase the necessary construction materials, then the phrases should be included in the receipt text: “The amount of __________ rubles for the purchase of materials (adhesive for tile - 2 bags of 25 kg each, grout for tile joints - 1 package, 2 kg) to perform work under a contract _______. I undertake to ensure the targeted spending of funds, and to return the excess money to the customer in full. The originals of cash receipts (receipts) confirming the purchase of materials, I undertake to provide the customer no later than 2 days from the date of purchase. ”
Sample receipt of the final payment for the repair work
The only difference between this receipt and the above options for payment for the actually performed amount of work is that this payment will be the last. Such a receipt, as a rule, includes the phrase: “the amount of _____ rubles as the final calculation for the work performed in full under the contract ___________. I have no complaints regarding the timing and amount of payment made to the customer. ” Such a phrase indicates the end of the financial relationship between the customer and the contractor and confirms that all settlements have been completed, no debt obligations have arisen between the parties.
Useful Tips
- The receipt is better to write completely by hand. This is in case of fraud, when subsequently in court it will be necessary to carry out a handwriting examination. A signature and a written sum are not enough for an expert. But if this option is inconvenient, then you can pre-prepare and print several templates with typed text on the computer and blank lines for writing amounts and making the payment by hand. This practice is also widely used. In the end, the examination of receipts for handwriting affiliation is carried out in rare cases. In the rest, the typewritten version is accepted by the courts and serves as evidence.
- If the transfer of money occurs in the presence of witnesses, then their F. AND. ABOUT. and passport data can also be reflected in the receipt. This is not necessary, but it can come in handy: witness testimony is taken into account by the court when considering claims for damages resulting from poor-quality work.
- According to the requirements of the Civil Code of the Russian Federation, contracting (construction, repair or finishing) work must be surrendered and accepted by act. This document is written in writing and confirms that the work has been completed and delivered by the contractor and accepted by the customer (with or without comments). As a rule, cash payments are also made on the day of acceptance of work. Therefore, for convenience, in order not to draw up two documents, the shortened text of the receipt can be included directly in the act. Thus, when signing the act, the parties record not only the fact of acceptance of work, but also mutual settlements.
It is always better to conclude a detailed apartment repair contract. The receipt will not replace it, it will only confirm the fact of the existence of financial relations between individuals. But if, nevertheless, there is no agreement, the receipts will confirm: dates, chronology, volumes of work performed and paid, amount of payment, etc. This is very important information, which should not be neglected.