Is an invoice a legal document? | Stripe (2024)

Invoicing is an integral part of financial operations for businesses from startups to multinational corporations. But sending an invoice is no guarantee the invoice will get paid quickly: about 35% of invoices are paid more than 30 days late. For businesses looking to fine-tune their invoicing practices, it’s important to understand the legal framework around invoicing.

Understanding the distinction between an informative document and a legally enforceable one can significantly affect a business’s revenue and relationships with its clients. Though sending an invoice might not guarantee a payment, understanding the legal nuances can empower businesses to seek more robust protections. Below, we’ll offer a comprehensive view of the legal dimensions of invoices and guide businesses in fortifying their invoicing processes.

What’s in this article?

• What is an invoice?
  
• What are invoices used for?
  
• Is an invoice a legal document?
  
• How to create legal protections around invoicing
  

What is an invoice?

An invoice is a formal document that a seller issues to a customer, specifying the details of a transaction. It lists the products or services provided, their quantities, and agreed-upon prices. The invoice acts as a payment request, indicating the amount the customer owes to the seller, and is used as a record of sale after the invoice is paid.

In addition to itemised charges, an invoice typically includes important details such as the date of issue, due date for payment, unique invoice number, and contact information of both parties. Depending on the nature of the business and the terms established, an invoice might also feature tax information, shipping details, payment terms, and any applicable discounts.

What are invoices used for?

Invoices serve several purposes across many businesses and industries:

• Payment requests: An invoice is a request for payment. Whether a freelance developer is billing a client for hours of coding or an e-commerce store is charging a customer for a batch of products, the invoice will clarify how much is owed.

• Record-keeping: Businesses use invoices as an important part of their financial record-keeping. From software-as-a-service (SaaS) startups to established online retailers, invoices help track sales, revenue, and outstanding debts, providing a clear picture of the business’s financial health.

• Tax documentation: Invoices are indispensable when reporting income and calculating taxes. For instance, an online fitness coach might need to provide a breakdown of monthly income, and detailed invoices offer a clear, verifiable paper trail.

• Legal protection: Invoices act as evidence if disputes arise over payments or services rendered. A digital agency, for example, can reference an invoice to confirm the scope of work and the agreed-upon price with a client.

• Managing cash flow: Subscription-based businesses rely on regular invoicing to manage cash flow and ensure they have the funds necessary to maintain their operations. Regular invoicing also helps with predicting revenue and crafting accurate projections for investors and shareholders.

• Client communication: Often, invoices serve as a communication tool. A boutique might use invoices to inform customers of upcoming sales or loyalty schemes, while a consulting firm might use them to detail additional services offered.

Businesses of all types should learn how to use invoices efficiently – as important business tools that assist in financial clarity, customer communication, and growth.

Is an invoice a legal document?

An invoice is, primarily, a financial document detailing a transaction, but it does hold legal significance in multiple respects:

• Proof of transaction: An invoice verifies that a seller provided a particular service or product at a certain price. For a SaaS business, it can confirm that a client purchased a specific subscription tier, while for an e-commerce site, it validates the sale of particular items.

• Contractual evidence: In situations in which there’s a formal agreement between two parties, the invoice can act as evidence of that agreement being fulfilled. For instance, if a graphic designer agreed to create a logo for a specific price, the invoice reinforces that the service was delivered as per the agreed terms.

• Tax purposes: For tax authorities, invoices serve as key documents in tracking business revenue and expenses. A dropshipping business would rely on its invoices to demonstrate its sales and the costs associated with purchasing goods from suppliers.

• Debt recovery: If a payment isn’t made, the invoice can be used in a legal context to claim outstanding debts. If an online course provider is dealing with a client who hasn’t completed payment for a course, they can reference the invoice when pursuing the owed amount.

An invoice is not a legally binding agreement – but it does serve as a record of a transaction. It’s evidence a product was delivered or a service was rendered and an amount is due in return. Here are some ways invoices serve businesses:

• Evidence of a transaction: An invoice shows the details of a transaction between two parties, such as a service provider and a client. Whether you’re running an e-commerce store or a freelance consultancy, the invoice signifies that you’ve fulfilled your part of an agreement and, in response, you’re expecting a specific payment.

• Tied to agreements: Although the invoice isn’t a contract, it’s often tied to a legally binding agreement or contract. For instance, a web developer might have a contract stating that upon completion of certain milestones, they will send clients an invoice. In this case, the contract obligates the client to pay, and the invoice requests the agreed-upon amount.

• Payment terms: The payment terms detailed in an invoice, such as due dates or late fees, can serve as a reminder of agreed-upon terms. If these terms were established in a contractual context, then they are legally binding.

• Legal proceedings: If a customer or client doesn’t pay as expected, an invoice can be used in legal proceedings as evidence of the debt. In many jurisdictions, businesses can use invoices to initiate collection processes or take legal action for unpaid amounts.

How to create legal protections around invoicing

Although an invoice might not carry legal weight as a standalone document, businesses shouldn’t overlook the chance to strengthen their invoicing processes. To construct a protective framework around your financial interactions, consider taking these proactive measures:

• Draft clear contracts: Before beginning any work or sending out goods, write a comprehensive agreement. This should cover the scope of services, deliverables, price, and any particular conditions, with no room for ambiguity.

• Break down services on invoices: Avoid disputes by itemising invoices. Detailing services or goods provided presents a transparent account of what the client or customer owes.

• Specify your payment terms: Detailing when the payment is due, the accepted payment methods, and the terms for disputes or refunds creates clear expectations.

• Maintain a record of all agreements: Keep a thorough log of emails, signed documents, and other correspondence.

• Document all deliveries or service completions: When dealing with tangible goods, always have proof of delivery or a signed receipt. For those in the service sector, acknowledgement of receipt or project completion certificates can be valuable tools.

• Use recognised invoicing platforms: These platforms help create invoices while providing timestamped records, showing when an invoice was issued, seen, and paid.

• Engage in open and consistent communication: Keep channels open, and record pertinent discussions as appropriate. Addressing concerns or issues promptly can help you avoid legal disputes.

• Seek specialised legal advice: Working with commercial law experts offers businesses advantages such as tailored guidance and contract terms that follow local and international standards.

• Conduct periodic reviews of invoicing practices: Revisiting and adjusting invoicing strategies is key when dealing with changing regulations, customer demands, and business needs.

These tactics can empower businesses of all kinds to reinforce their invoicing procedures, paving the way for streamlined, legally sound transactions.