An invoice issued by a private individual, i.e. not in the context of a trade or professional activity, does not generally have to comply with regulations. As a private individual, you do not need to contact the tax authorities in advance in order to be able to issue a private invoice. Unlike invoices from companies, invoices from private individuals are not bound by formal requirements and may vary as much as you like.
However, from a legal perspective, each invoice is a request for payment, i.e. it is a claim for the issuer to the recipient. Although there are no formal requirements for this in private transport, a private invoice should contain certain elements in order to justify the claim being presented. Therefore, a private invoice should include the following points:
- Name and address of the issuer
- Name and address of the recipient
- Location and invoice issue date
- Reason for invoicing: Sale of goods, services rendered or similar
- Performances (or services) in list form, if applicable, including:
- Time of delivery
- Number, type, unit price, total price (possibly per item)
- Invoice amount, if applicable as the sum of the individual items
A greeting to the recipient, and possibly also a thank you will round off the invoice nicely.
If the invoice is not immediately paid in cash (in this instance, the received amount can also be acknowledged directly on the invoice), the invoice should also include the issuer’s bank details, including their IBAN number. In any case, you should also specify a payment date on a private invoice – either “immediately”, a deadline (“in ten days after receipt of invoice”) or a specific date. This information is important, because if the debtor exceeds the specified payment deadline, i.e. does not pay the amount in due time, then, as is legally stated, they will be in default of payment. It therefore violates the invoice contract (e.g. sales contract) and the invoice issuer can order payment, and take further action if necessary. In general, the defaulting debtor must also compensate for damages caused by late payment if they are responsible for it.
Added to that, it should be noted that the 14-day right of withdrawal applicable to company contracts does not apply to private legal transactions. With a corresponding note on the private account, you can remind the recipient once again in order to avoid unnecessary uncertainties or even disputes:
“This invoice concerns a private transaction, so the 14-day withdrawal period applicable to consumer contracts shall not apply.”
Other details of the legal transaction can also be included on the private invoice. If, for example, a used item being sold has a known defect, it is worth noting that on the private invoice.
“As previously discussed, the phone’s display screen has small scratches on the top left.”