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Re: Get bilingual user agreement

astepanov83
Community Guru
Aleksandr S Member Since: Jun 22, 2015
211 of 218

It's clearly an agency contract, although saying not a single word that Upwork is an agent. There are clients and VAT. And more than that, taxes must be calculated based on the amount before VAT/comission deduction.

stalinko
Ace Contributor
Ilya S Member Since: Jun 22, 2015
212 of 218

@Aleksandr S, yeah de jure it's an agency contract, but de facto a lot of people treat it as a simple 2-sides agreement and pay taxes from what's been withdrawn from Upwork. Just because it's simpler for everyone and also because you don't have any access to the money which clients pay before comissions. And no one can check the actual amount paid by clients.

This question was discussed many times at habr qna (ex toster).

astepanov83
Community Guru
Aleksandr S Member Since: Jun 22, 2015
213 of 218

Upwork has registered as a VAT payer in Russia. How did you come to conclusion that TaxO would not send an official request and Upwork would not answer? They can also come to a particular freelancer and ask to provide the total amount of earnings before applying comission and everything. So one has to decide whether this would be:

 

1) tax evasion, when a freelancer pays taxes after commission deduction

2) missing tax documents, when a freelancer pays taxes before commission deduction

 

One has to choose

stalinko
Ace Contributor
Ilya S Member Since: Jun 22, 2015
214 of 218

Aleksandr S wrote:

Upwork has registered as a VAT payer in Russia. How did you come to conclusion that TaxO would not send an official request and Upwork would not answer? They can also come to a particular freelancer and ask to provide the total amount of earnings before applying comission and everything. So one has to decide whether this would be:

 

1) tax evasion, when a freelancer pays taxes after commission deduction

2) missing tax documents, when a freelancer pays taxes before commission deduction

 

One has to choose


You say all right.

That's why the best choise in this situation is use Patent Taxation System (when possible). In this case your taxes don't depend on your earnings.

astepanov83
Community Guru
Aleksandr S Member Since: Jun 22, 2015
215 of 218
Yeah, I'm planning to switch to patent next year. I remember someone had a concern that CoS should contain something that would indicate a place where jobs are done. Can't remember what was the issue.
vladag
Community Manager
Vladimir G Community Manager Member Since: Oct 31, 2014
216 of 218

Hi Nikolai,

 

I'd like to follow up and confirm we've updated the link and you should be able to download the form now. I can confirm that we don't have plans for updating the form with the information you requested and would advise to communicate with a local tax expert regarding the concerns you have. I'd also like to thank Ilya and Aleksandr for following up on the thread and providing their experience.

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yzhovtanovskaya
Active Member
Yana Z Member Since: Jun 11, 2020
217 of 218

Hi,

Is it possible for me to get Upwork User Agreement in English and Russian with effective date

July 21,2020?

Thank you,

Yana

g_vasilevski
Moderator
Goran V Moderator Member Since: Mar 24, 2017
218 of 218

Hi Yana,

 

Please refer to this Help Article on how to request your Confirmation of Services. Thank you.


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