Can The Other Party Not Pay The Bill?

After the camp is changed to increase, it is necessary to receive special invoices.

One case is: because the landlord refused to vote, they refused to pay, and now they are going to have a lawsuit.

This is thought to be a case, but today, in order to see a construction company to meet the increase in the camp, the contract management system, which is drafted, has such a rule.

"Party B has the right to refuse to return, refuse to pay, and does not bear any liability if Party B's invoices are banned, enterprise's cancellation is unable to provide invoices, bank accounts are blocked, and accounts receivable are not frozen."

This kind of overlord clause is unfair, but it shows that the fear of VAT invoices in the corporate finance department has reached the point where the tiger has changed its color.

Taking rental housing as an example, the obligation to provide housing is the core obligation of the lessor.

The obligation of the lessee is the core obligation of the lessee. If the lessor fulfil the obligation to provide the house, the lessee may refuse to perform the obligation of payment only because he has not received the invoice.

Invoice is a kind of voucher for the management of tax authorities. Although the importance is self-evident, it is also worth pondering.

The basic rules for invoices formulated in the tax administration law are: the tax authorities manage invoices, and we use invoices in accordance with their regulations.

I use the word "we" to simplify this complex concept. "We" include: enterprises and individuals engaged in production and operation, in which natural persons are not restricted by the law in the state of non production and operation.

That is to say, we only use invoices according to regulations.

"In the use of invoices, there is no direct authorization from the law.

An indirect authorization related to invoicing is: "any unit or individual has the right to report violations of tax laws and administrative regulations."

That is to say, if the receiver does not provide the invoice illegally, we only have the right of accusation and no claim.

By the way, we have the right to report, but we do not have the obligation to report.

In addition, the invoice management regulations stipulate that "non compliant invoices shall not be used as financial reimbursement vouchers, and any unit or individual has the right to refuse to accept it."

This law only empowers us to have the right to refuse, but we still do not have the authority to claim it.

Therefore, the conclusion came out. According to the legal rules of Taxation, we only have the power to "report" and do not have the power to claim.

The other party does not vote, the other side is illegal, but it does not mean that we have the right to ask them to provide invoices.

The contract should be followed in the contract.

"The provisions and the practice of pactions can not be because the other party has an illegal act, we can be exempt from payment. The unfair agreement in the contract is ineffective.

The agreement on invoice liability can be stated in this way: "Party B can not timely and correctly provide the invoices stipulated in this contract, or Party B can not use the receivable account receivable stipulated in this contract. Party A has the right to temporarily pay 120% of the corresponding value added tax until the party satisfies the contract requirements in the issuing and receiving account, and pays within three days without interest.

Meanwhile, Party B shall bear the liability for breach of contract.

Of course, other contract terms require detailed, accurate and lawful stipulations for invoices.

In short, it is legal risk to refuse to pay simply because the other party does not invoke the invoice.

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