Consulting service agreements are a common type of legal contract. They are subject to all conditions and standards of the standard service agreement. The application of the consulting contract is the service of a specialist or a group of specialists in a particular area. Consulting services include the following types:
- Software consulting;
- Simple consulting agreement letter
- Consulting services agreement
- Business consultant consulting contract
- Marketing consultant consulting contract
- On commercial activity and management
- Legal services consulting agreement
- Services in the field of billing and accounting
- Auditing and taxation consulting
- Management of commercial activities.
The consulting contract is one of the most in-demand types of civil consulting contracts in use today. It is ideal if the subject of your activity is the provision of various kinds of services, such as: consulting for traveling abroad, working with clients, working with a PC, etc.
Legal consulting services are among the least trusted services in production or production management, commercial activities, finance, personnel consulting, and marketing. Consulting and marketing services with vague terms do not allow for careful verification of their actual performance. Even with the careful execution of supporting documentation relating to the expenses of consulting services, tax authorities can still question the legality of accounting for payment of such services. Indeed, quite often, despite the use of the necessary documents, the customers of such services are denied recognition of these expenses.
With that in mind, I would like to emphasize the relevance of this issue for completely legal and above-board enterprises, each of which practically every day faces problems in clarifications and issues in the field of taxation. Today, companies are actively engaging with external consultants. Therefore, when drawing up and accounting for service consulting contracts, it is essential to consider several specific features that lawyers, managers, and accountants need to know about to avoid possible claims from the tax authorities.
For the customer, to avoid negative consequences of various kinds, it is essential to take into account all aspects of the consulting contract for the provision of services, as well as essential details of the structure of the document. The execution of documents confirming the fulfillment of obligations depends on how the consulting contract’s content is formulated.
When preparing primary documents, it is nevertheless necessary to be guided by the generally accepted classification, and even better – by the types of services clearly spelled out in the contract. It is better to leave “fashionable” names for advertising brochures.
To prevent unfounded claims, enterprises should use these seven simple recommendations:
- Provide for the development of specific practical recommendations in the consulting contract;
- Specify the use of scientific techniques in the contract, including original methods or methods of marketing and data processing, from which the client can base management decisions. This is especially important in consulting contracts with a high cost of services;
- Determine the responsibility of the consulting contractor for the untimely or incomplete fulfillment of their obligations under the consulting contract, and establish clear terms for the provision of services (if the consulting contractor does not fit, it is better to extend the deadlines later by additional agreements);
- Develop a technical assignment (program, concept) for conducting appropriate marketing research or consulting services, or instruct the consulting contractor to draw up such a tor (the customer approves tor);
- Determine the actual price of services, taking into account the provisions of the tax code. If the price is too high in comparison with similar services of other organizations, justify its price (for example, individual qualification requirements, business specifics or peculiarities of technological processes, etc.). The service rendered by a person with secondary education and completed two-week accounting courses cannot be compared in cost to the work done by an international consulting corporation – a leader in the world market for related services;
- Provide for the possibility of negative research or consultation results;
- Establish in the consulting contract clear criteria by which the quality and volume of work performed will be assessed;
It is crucial to draw up the acceptance certificate for the services provided correctly. Inspection authorities often point out as a violation, “the impossibility to identify which services were provided and accepted under the act.”
The parties to the Agreement for providing information and consulting services are the Customer and the Consulting contractor. The subject of the Agreement constitutes the obligation of the Consulting contractor, according to the assignment of the Customer, to provide information and consulting services, which may include: organizational, legal, economic clarifications on the issue of interest to the client. The Consulting contractor is obliged to personally provide services to the Customer. At the same time, if the right to involve third parties in the consulting contract’s execution is enshrined in the consulting contract, then the Consulting contractor can do this. At the same time, the Consulting contractor remains responsible for the Customer.
The Agreement for the provision of information and consulting services is not necessarily paid. Services under the Agreement can be provided both paid and free of charge, while the Consulting contractor’s actual expenses associated with the Agreement are subject to compensation. A prerequisite for the consulting contract for the provision of information and consulting services is to indicate the assignment’s timing.
The Customer of the services can be both individuals and legal entities who require a specialist’s help. As a rule, services are provided by highly specialized people with experience in a particular field (for example, IT specialists, lawyers). Also, among the Executors, there are former employees of state or law enforcement agencies of the police, customs authorities, etc. The obligations of the Consulting contractor under the Agreement of information and consulting services can be formulated as follows:
- Analyze the information and documents provided by the Customer;
- Provide services orally or in writing;
- Provide information and consulting services in the field of legislation;
- Ensure the confidentiality of the transmitted information.
The Customer must accept the Consulting contractor’s services, and if he is satisfied with the quality, pay for them.
For improper fulfillment of obligations under the Agreement of information and consulting services, which entails losses to the Customer, the Consulting contractor is financially liable. Also, the Consulting contractor is liable to the Customer under the Law. The parties can also negotiate other conditions of liability, providing them directly in the consulting contract itself.