In order to prevent these risks, when the creditor requires the payment to a third party, it is recommended to require it to provide the corresponding written power of attorney or notice, clearly entrusting the third party to collect. When a debt unit lets a third party pay on its behalf, it needs to be jointly confirmed and explained in writing by the debt unit and the third party to reduce the difficulty and time of safeguarding rights later.
In the entrusted collection, the issuance of invoices also needs attention. According to the provisions of the tax law, for the sale of goods, the provision of taxable services, etc., need to issue the corresponding invoice. In the process of entrusted collection, it should be emphasized to issue the corresponding collection certificate and ensure that it is recognized by the tax authority. This can avoid tax disputes caused by missing invoices. In addition, it is also necessary to take the initiative to declare and pay the relevant taxes to the tax authorities in a timely manner after receiving the payment.
Collection of goods does have certain risks, mainly including the following points:
Tripartite debt relationship: If there is a real tripartite debt relationship between the person or company who collects the payment and the company who actually provides the service, and there is a tripartite agreement, in this case, the risk is less. However, if the individual is the shareholder of the other company, the other company receives the payment in the name of the individual, and lets you put the money into their private personal account, it is risky, there may be a failure to pay taxes on the shareholders' dividends, and there may be a problem of the enterprise paying less tax.
False invoicing: If the real business is actually done by an individual, but the individual cannot provide an invoice, so let his upstream manufacturers to issue an invoice to you, in this case it is a false invoice, whether for your company or the comparison company, there is a great risk of false invoicing.
Bank account risk: Collection and payment may bring the risk of the bank account being frozen. If the bank finds that the source of the money is unknown, it will require the corresponding documentary proof, if it cannot be provided, the money will be returned to the original way at least, and the account will face the risk of being closed. If money laundering is investigated, the directors and shareholders of Hong Kong companies will also be affected.
Legal risk: Any Hong Kong company shall not collect payment on behalf of the company, only the company that has obtained the corresponding business license is qualified to collect and pay for international goods, otherwise it is likely to be considered to be involved in money laundering and other illegal operations and be closed.
Therefore, it is necessary to be careful when collecting payment for goods, and try to avoid collecting and transferring money for others without understanding the source and use of the other party's funds, so as to avoid risk events, accounts and individuals are implicated.
Friendly Links: